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Document C2004/102E/02

    MINUTES
    Tuesday 9 March 2004

    IO C 102E, 28.4.2004, p. 21–514 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

    28.4.2004   

    EN

    Official Journal of the European Union

    CE 102/21


    MINUTES

    (2004/C 102 E/01)

    PROCEEDINGS OF THE SITTING

    IN THE CHAIR: Renzo IMBENI

    Vice-President

    1.   Opening of session

    Pursuant to Article 196, first paragraph, of the EC Treaty and Rule 10(2), the 2004-2005 session of the European Parliament opened.

    2.   Opening of sitting

    The sitting opened at 9.00.

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

    Pursuant to Rule 50, the following Members or political groups had requested that such a debate be held on the following motions for resolution:

    I.

    UKRAINE

    Marie Anne Isler Béguin and Elisabeth Schroedter, on behalf of the Verts/ALE Group, on Ukraine (B5-0129/2004);

    Bastiaan Belder, on behalf of the EDD Group, on Ukraine (B5-0132/2004);

    Bob van den Bos, on behalf of the ELDR Group, on Ukraine (B5-0135/2004);

    Isabelle Caullery, on behalf of the UEN Group, on Ukraine (B5-0137/2004);

    Jan Marinus Wiersma and Margrietus J. van den Berg, on behalf of the PSE Group, on Ukraine (B5-0139/2004);

    Bernd Posselt, Gabriele Stauner and Charles Tannock, on behalf of the PPE-DE Group, on Ukraine (B5-0141/2004);

    Luigi Vinci, on behalf of the GUE/NGL Group, on Ukraine (B5-0143/2004);

    II.

    VENEZUELA

    Fernando Fernández Martín and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, on Venezuela (B5-0123/2004);

    Rolf Linkohr, Manuel Medina Ortega, Giovanni Pittella and Margrietus J. van den Berg, on behalf of the PSE Group, on the human rights situation in Venezuela (B5-0126/2004);

    Alima Boumediene-Thiery, Monica Frassoni, Alain Lipietz, Miquel Mayol i Raynal, Camilo Nogueira Román and Josu Ortuondo Larrea, on behalf of the Verts/ALE Group, on the human rights situation in Venezuela (B5-0128/2004);

    Anne André-Léonard and Bob van den Bos, on behalf of the ELDR Group, on Venezuela (B5-0136/2004);

    Fausto Bertinotti, Ilda Figueiredo, Pedro Marset Campos and Francis Wurtz, on behalf of the GUE/NGL Group, on Venezuela (B5-0144/2004);

    Cristiana Muscardini and Luís Queiró, on behalf of the UEN Group, on the situation in Venezuela (B5-0147/2004);

    III.

    BURMA

    Ulla Margrethe Sandbæk, on behalf of the EDD Group, on Burma/Myanmar (renewal of sanctions) (B5-0127/2004);

    Bob van den Bos, on behalf of the ELDR Group, on Burma (B5-0134/2004);

    Glenys Kinnock and Margrietus J. van den Berg, on behalf of the PSE Group, on Burma (B5-0138/2004);

    Philip Bushill-Matthews, John Walls Cushnahan, Nirj Deva, Thomas Mann, Bernd Posselt and Geoffrey Van Orden, on behalf of the PPE-DE Group, on Burma (B5-0140/2004);

    Yasmine Boudjenah, Marianne Eriksson and Luisa Morgantini, on behalf of the GUE/NGL Group, on Burma (B5-0145/2004);

    Patricia McKenna, on behalf of the Verts/ALE Group, on Burma/Myanmar (renewal of sanctions (B5-0146/2004).

    Speaking time would be allocated in accordance with Rule 120.

    4.   Documents received

    The following documents had been received:

    1)

    from the ITRE Committee:

    ***II Recommendation for second reading on the Council common position for adopting a European Parliament and Council decision on Interoperable Delivery of pan-European eGovernment Services to Public Administrations, Businesses and Citizens (IDABC) (14816/1/2003 — C5-0017/2004 — 2003/0147(COD)) — Committee on Industry, External Trade, Research and Energy.

    Rapporteur: Imelda Mary Read

    (A5-0124/2004)

    2)

    from Members:

    written declaration for entry in the Register (Rule 51):

    Anne E.M. Van Lancker, Jan Dhaene, Saïd El Khadraoui and Nelly Maes, on airport noise nuisance (18/2004).

    5.   Official feed and food controls ***I (debate)

    Report on the proposal for a European Parliament and Council regulation on official feed and food controls [COM(2003) 52 — C5-0032/2003 — 2003/0030(COD)] — Committee on the Environment, Public Health and Consumer Policy.

    Rapporteur: Marit Paulsen

    (A5-0449/2003)

    David Byrne (Member of the Commission) spoke.

    Christa Klaß, on behalf of the PPE-DE Group, asked for the vote to be postponed (the President reminded her that, under Rule 146(4), such requests could only be made at the time of the vote).

    Marit Paulsen introduced the report.

    The following spoke: Neil Parish (draftsman of the opinion of the AGRI Committee), Christa Klaß, on behalf of the PPE-DE Group, Margrietus J. van den Berg, on behalf of the PSE Group, Bart Staes, on behalf of the Verts/ALE Group, Liam Hyland, on behalf of the UEN Group, Jean-Louis Bernié, on behalf of the EDD Group, Robert Goodwill, Phillip Whitehead, Hiltrud Breyer, Patricia McKenna and David Byrne.

    The debate closed.

    Vote: Item 9.23

    6.   Intellectual property ***I (debate)

    Report on the proposal for a European Parliament and Council directive on measures and procedures to ensure the enforcement of intellectual property rights [COM(2003) 46 — C5-0055/2003 — 2003/0024(COD)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Janelly Fourtou

    (A5-0468/2003)

    David Byrne (Member of the Commission) spoke.

    Janelly Fourtou introduced the report.

    The following spoke: Luis Berenguer Fuster (draftsman of the opinion of the ITRE Committee), Angelika Niebler, on behalf of the PPE-DE Group, and Arlene McCarthy, on behalf of the PSE Group.

    IN THE CHAIR: Giorgos DIMITRAKOPOULOS

    Vice-President

    The following spoke: Toine Manders, on behalf of the ELDR Group, Geneviève Fraisse, on behalf of the GUE/NGL Group, Raina A. Mercedes Echerer, on behalf of the Verts/ALE Group, Marco Cappato, Nonattached Member, Francesco Fiori, Manuel Medina Ortega, Willy C.E.H. De Clercq, Neil MacCormick, Malcolm Harbour, Reino Paasilinna, Elly Plooij-van Gorsel, Claude Turmes, Paolo Bartolozzi and Marcelino Oreja Arburúa.

    The debate closed.

    Vote: Item 9.24

    7.   Simplifying and improving Community regulation (debate)

    Third report on the Commission communications on simplifying and improving the regulatory environment [COM(2001) 726 — C5-0108/2002 — 2002/2052(COS)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Manuel Medina Ortega

    (A5-0118/2004)

    David Byrne (Member of the Commission) spoke.

    Manuel Medina Ortega introduced the report.

    The following spoke: Malcolm Harbour, on behalf of the PPE-DE Group, Ioannis Koukiadis, on behalf of the PSE Group, and Giuseppe Gargani.

    IN THE CHAIR: Ingo FRIEDRICH

    Vice-President

    The debate closed.

    Vote: Item 9.32

    8.   Correct implementation of the EC-Israel association agreement (Oral questions with debate)

    Oral question by Joost Lagendijk, on behalf of the Verts/ALE Group, to the Commission, Achieving the correct implementation of the EC-Israel Association Agreement (B5-0067/2004).

    Oral question by Luisa Morgantini, on behalf of the GUE/NGL Group, to the Commission, Achieving the correct implementation of the EC-Israel Association Agreement (B5-0068/2004).

    Oral question by Graham R. Watson, on behalf of the ELDR Group, to the Commission, Graham R. Watson, on behalf of the ELDR Group, Achieving the correct implementation of the EC-Israel Association Agreement (B5-0069/2004).

    Oral question by Jannis Sakellariou and Emilio Menéndez del Valle, on behalf of the PSE Group, to the Commission, on achieving the correct implementation of the EC-Israel Association Agreement (B5-0070/2004).

    The following spoke: Jannis Sakellariou, who asked for the sitting to be suspended until the arrival of Erkki Liikanen (Member of the Commission), and Ulla Margrethe Sandbæk, who supported his request.

    Parliament approved the request.

    (The sitting, suspended at 11.05, resumed at 11.15.)

    Joost Lagendijk, Yasmine Boudjenah, Johanna L.A. Boogerd-Quaak and Jannis Sakellariou moved the oral questions.

    Erkki Liikanen answered the questions.

    The following spoke: Armin Laschet, on behalf of the PPE-DE Group, Pasqualina Napoletano, on behalf of the PSE Group, Jean-Thomas Nordmann, on behalf of the ELDR Group, Franz Turchi, on behalf of the UEN Group, Ulla Margrethe Sandbæk, on behalf of the EDD Group, Marco Pannella, Non-attached Member, Cees Bremmer, Emilio Menéndez del Valle, Caroline Lucas, Marco Pannella, on his earlier remarks, Bastiaan Belder, Cristina Gutiérrez-Cortines, Nelly Maes and Erkki Liikanen.

    The debate closed.

    IN THE CHAIR: Pat COX

    President

    9.   Voting time

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

    Maurizio Turco pointed out that the Matikainen-Kallström report — A5-0100/2004 did not include the minority opinion expressed in the LIBE Committee (the President replied that if such an opinion was expressed in committee it would appear in the report).

    9.1.   Election of a Vice-President of Parliament

    The next item was the election of a Vice-President to fill the seat left vacant following the appointment of Joan Colom i Naval to the Court of Auditors of Catalonia (Minutes of 25.02.2004, Item 7)

    The President announced that he had received from the PSE Group the nomination of Raimon Obiols i Germà.

    As he was the only candidate, the President proposed that he be elected by acclamation, pursuant to Rule 13(1).

    Parliament elected Raimon Obiols i Germà by acclamation.

    The President declared Raimon Obiols i Germà Vice-President of Parliament and congratulated him on his election.

    Pursuant to Rule 18(1), Raimon Obiols i Germà took the place of the outgoing Vice-President in the order of precedence.

    9.2.   Waste ***I (Rule 110a) (vote)

    Report on the proposal for a European Parliament and Council directive on waste (Codified version) [COM(2003) 731 — C5-0577/2003 — 2003/0283(COD)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Giuseppe Gargani

    (A5-0117/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 1)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0123)

    9.3.   Extraction solvents used in the production of foodstuffs ***I (Rule 110a) (vote)

    Report on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Codified version) [COM(2003) 467 — C5-0364/2003 — 2003/0181(COD)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Giuseppe Gargani

    (A5-0085/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 2)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0124)

    9.4.   Cargo shipping ***I (Rule 110a) (vote)

    Report on the proposal for a European Parliament and Council decision concerning the activities of certain third countries in the field of cargo shipping (Codified version) [COM(2003) 732 — C5-0578/2003 — 2003/0285(COD)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Giuseppe Gargani

    (A5-0086/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 3)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0125)

    9.5.   Participation in pre-accession Community assistance programmes * (Rule 110a) (vote)

    Report on the proposal for a Council regulation amending Council Regulations (EEC) No 3906/89, (EC) No 555/2000, (EC), No 2500/2001(EC), (EC) No 1268/1999 and (EC) No 1267/1999 in order to allow the Stabilisation and Association Process Countries to participate in tenders organised under the pre-accession Community assistance programmes [COM(2003) 793 — C5-0049/2004 — 2003/0306(CNS)] — Committee on Industry, External Trade, Research and Energy.

    Rapporteur: Luis Berenguer Fuster

    (A5-0089/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 4)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0126)

    9.6.   Protection of the Community's financial interests ***I (Rule 110a) (vote)

    Report on the proposal for a European Parliament and Council decision establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests [COM(2003) 278 — C5-0312/2003 — 2003/0152(COD)] — Committee on Budgetary Control.

    Rapporteur: Herbert Bösch

    (A5-0087/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 5)

    COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0127)

    9.7.   Draft Amending Budget No 1/2004 (Section III) (Rule 110a) (vote)

    Report on Draft Amending Budget No 1/2004 of the European Union for the financial year 2004 — Section III — Commission [6696/2004 — C5-0108/2004 — 2004/2009(BUD)] — Committee on Budgets.

    Rapporteur: Jan Mulder

    (A5-0059/2004)

    (Qualified majority)

    (Voting record: Annex 1, Item 6)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0128)

    Jan Mulder (rapporteur) made a statement pursuant to Rule 110a(4).

    9.8.   Draft Amending Budget No 2/2004 (Section VIII(B)) (Rule 110a) (vote)

    Report on Draft Amending Budget No 2/2004 of the European Union for the financial year 2004 — Section VIII(B) — European Data-protection Supervisor [6699/2004 — C5-0109/2004 — 2004/2010(BUD)] — Committee on Budgets.

    Rapporteur: Neena Gill

    (A5-0073/2004)

    (Qualified majority)

    (Voting record: Annex 1, Item 7)

    MOTION FOR A RESOLUTION

    Adopted by single vote (P5_TA(2004)0129)

    9.9.   Enlargement: adaptation of reference amounts for 6th Euratom framework programme* (Rule 110a) (vote)

    Report on the proposal for amending the financial reference amount — within the meaning of the interinstutional agreement of 6 May 1999, Article 34(3) — of the sixth framework programme of the european atomic energy community (euratom), in order to take account of enlargement [COM(2003) 778 — C5-0031/2004 — 2003/0298(CNS)] — Committee on Budgets.

    Rapporteurs: Reimer Böge and Joan Colom i Naval

    (A5-0069/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 8)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0130)

    9.10.   Enlargement: adaptation of reference amounts (Regulations) ***I (Rule 110a) (vote)

    Report on the proposal for a decision of the European Parliament and of the Council amending Regulations (EC) No 2236/95, (EC) No 1655/2000, (EC) No 1382/2003 and (EC) No [...]/2003 in view of adapting the reference amounts to take account of the enlargement of the European Union [COM(2003) 777 — C5-0652/2003 — 2003/0305(COD)] — Committee on Budgets.

    Rapporteurs: Reimer Böge and Joan Colom i Naval

    (A5-0066/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 9)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5.TA-(2004)0131)

    9.11.   Enlargement: adaptation of reference amounts (Decisions I) ***I (Rule 110a) (vote)

    Report on the proposal for a decision of the European Parliament and of the Council amending Council Decision No 96/411/EC and Decisions Nos 276/1999/EC, 1719/1999/EC, 2850/2000/EC, 507/2001/EC, 2235/2002/EC, 2367/2002/EC, 253/2003/EC, 1230/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union [COM(2003) 777 — C5-0651/2003 — 2003/0304(COD)] — Committee on Budgets.

    Rapporteurs: Reimer Böge and Joan Colom i Naval

    (A5-0067/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 10)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0132)

    9.12.   Enlargement: adaptation of reference amounts (Decisions II) ***I (Rule 110a) (vote)

    Report on the proposal for a decision of the European Parliament and of the Council amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union [COM(2003) 777 — C5-0650/2003 — 2003/0303(COD)] — Committee on Budgets.

    Rapporteurs: Reimer Böge and Joan Colom i Naval

    (A5-0065/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 11)

    COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0133)

    9.13.   Convention on the suppression of illicit drug trafficking on the high seas * (Rule 110a) (vote)

    Report on the initiative of the Kingdom of Spain with a view to adopting a Council Act establishing in accordance with Article 34 of the Treaty on European Union, the Convention on the suppression by customs administrations of illicit drug trafficking on the high seas [5382/2002 — C5-0249/2003 — 2003/0816(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Marjo Matikainen-Kallström

    (A5-0100/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 12)

    INITIATIVE OF THE KINGDOM OF SPAIN, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0134)

    9.14.   Short-term residence permits for victims of trafficking * (Rule 110a) (vote)

    Report on the proposal for a Council directive on the residence permit issued to third-country nationals victims of trafficking in human beings or to third-country nationals who have been the subjects of an action to facilitate illegal immigration who co-operate with the competent authorities (Renewed consultation) [14432/2003 — C5-0557/2003 — 2002/0043(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Patsy Sörensen

    (A5-0099/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 13)

    COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

    Adopted by single vote (P5_TA(2004)0135)

    9.15.   Europol: staff regulations, salaries and allowances * (Rule 110a) (vote)

    Report on the initiatives of Ireland with a view to adopting:

    1.

    Council Act amending Europol's staff regulations

    [5435/2004 — C5-0057/2004 — 2004/0804(CNS)]

    2.

    Council decision adjusting the basic salaries and allowances applicable to Europol Staff

    [5436/2004 — C5-0058/2004 — 2004/0805(CNS)]

    3.

    Council decision adjusting the basic salaries and allowances applicable to Europol staff

    [5438/2004 — C5-0059/2004 — 2004/0806(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Maurizio Turco

    (A5-0108/2004)

    (Simple majority) (Voting record: Annex 1, Item 14)

    INITIATIVE OF IRELAND

    Rejected

    DRAFT LEGISLATIVE RESOLUTIONS

    Adopted (P5_TA(2004)0136, P5_TA(2004)0137 and P5_TA(2004)0138).

    Maurizio Turco (rapporteur) made a statement pursuant to Rule 110a(4).

    He asked for Parliament to confirm the rejection of the initiative by adopting the draft legislative resolution.

    9.16.   Monitoring the application of Community law (Rule 110a) (vote)

    Report on the Commission communication on better monitoring of the application of Community law [COM(2002) 725 — C5-0008/2003 — 2003/2008(INI)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Neil MacCormick

    (A5-0109/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 15)

    MOTION FOR A RESOLUTION

    Adopted by single vote (P5_TA(2004)0139)

    Neil MacCormick (rapporteur) made a statement pursuant to Rule 110a(4).

    9.17.   Biological and chemical agent attacks (health security) (Rule 110a) (vote)

    Report with a proposal for a European Parliament recommendation to the Council on cooperation in the European Union on preparedness and response to biological and chemical agent attacks (health security) [2003/2187(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Gerhard Schmid

    (A5-0097/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 16)

    PROPOSAL FOR A RECOMMENDATION

    Adopted by single vote (P5_TA(2004)0140)

    9.18.   Data protection (Rule 110a) (vote)

    Report on the first report by the Commission on the implementation of the directive on data protection (Directive 95/46/EC) [COM(2003) 265 — C5-0375/2003 — 2003/2153(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Marco Cappato

    (A5-0104/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 17)

    MOTION FOR A RESOLUTION

    Adopted by single vote (P5_TA(2004)0141)

    Marco Cappato (rapporteur) made a statement pursuant to Rule 110a(4).

    9.19.   The rights of prisoners in the European Union (Rule 110a) (vote)

    Report with a recommendation from the European Parliament to the Council on the rights of prisoners in the European Union [2003/2188(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Maurizio Turco

    (A5-0094/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 18)

    PROPOSAL FOR A RECOMMENDATION

    Jorge Salvador Hernández Mollar pointed out that a change needed to be made in the explanatory statement, in accordance with Rule 161(1).

    Adopted by single vote (P5_TA(2004)0142)

    9.20.   Daphne II ***II (vote)

    Recommendation for second reading on the common position of the Council of 1 December 2003 with a view to adopting a decision of the European Parliament and of the Council establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) [13816/1/2003 — C5-0599/2003 — 2003/0025(COD)] — Committee on Women's Rights and Equal Opportunities.

    Rapporteur: Lissy Gröner

    (A5-0083/2004)

    (Qualified majority)

    (Voting record: Annex 1, Item 19)

    COMMON POSITION OF THE COUNCIL

    Declared approved as amended (P5_TA(2004)0143)

    9.21.   Statute and financing of political parties at European level (amendments to the Rules of Procedure) (vote)

    Report on the European Parliament decision on the amendments to the European Parliament's Rules of Procedure following the adoption of the Regulation governing the statute and the financing of political parties at European level [2003/2205(REG)] — Committee on Constitutional Affairs.

    Rapporteur: Giorgos Dimitrakopoulos

    (A5-0071/2004)

    (Qualified majority)

    (Voting record: Annex 1, Item 20)

    RULES OF PROCEDURE

    Amendments adopted (see Annex 1)

    PROPOSAL FOR A DECISION

    Adopted (P5_TA(2004)0144)

    The new provisions would enter into force on the first day of the next part-session.

    9.22.   Restructuring the European Parliament's Rules of Procedure (vote)

    Report on the restructuring of Parliament's Rules of Procedure in the light of its decision of 12 June 2002 and the minor changes which have become necessary since then [2003/2233(REG)] — Committee on Constitutional Affairs.

    Rapporteur: Richard Corbett

    (A5-0068/2004)

    (Qualified majority)

    (Voting record: Annex 1, Item 21)

    RULES OF PROCEDURE

    Amendments adopted (see Annex 1)

    PROPOSAL FOR A DECISION

    Adopted (P5_TA(2004)0145)

    The following spoke:

    Richard Corbett (rapporteur) before the vote, and Monica Frassoni on amendment 4.

    The new provisions would enter into force on the first day of the first part-session following the elections to the European Parliament of June 2004.

    9.23.   Official feed and food controls ***I (vote)

    Report on the proposal for a European Parliament and Council regulation on official feed and food controls [COM(2003) 52 — C5-0032/2003 — 2003/0030(COD)] — Committee on the Environment, Public Health and Consumer Policy.

    Rapporteur: Marit Paulsen

    (A5-0449/2003)

    (Simple majority)

    (Voting record: Annex 1, Item 22)

    COMMISSION PROPOSAL

    Approved as amended (P5_TA(2004)0146)

    DRAFT LEGISLATIVE RESOLUTION

    Adopted (P5_TA(2004)0146)

    The following spoke:

    Horst Schnellhardt, on behalf of the PPE-DE Group, asked for the vote to be postponed to voting time the following day.

    The following spoke on this request: Dagmar Roth-Behrendt, on behalf of the PSE Group, Marit Paulsen (rapporteur) and Caroline F. Jackson, Chairman of the ENVI Committee.

    Parliament rejected the request by EV (225 for, 257 against, 10 abstentions).

    9.24.   Intellectual property ***I (vote)

    Report on the proposal for a European Parliament and Council directive on measures and procedures to ensure the enforcement of intellectual property rights [COM(2003) 46 — C5-0055/2003 — 2003/0024(COD)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Janelly Fourtou

    (A5-0468/2003)

    (Simple majority)

    (Voting record: Annex 1, Item 23)

    The following spoke: Neil MacCormick, who asked for the rapporteur's situation to be clarified, given that several newspapers had alleged that she had failed to declare a personal interest in the matter, and Astrid Thors, who seconded his remarks (the President replied that he would refer the matter to the Bureau).

    COMMISSION PROPOSAL

    Approved as amended (P5_TA(2004)0147)

    DRAFT LEGISLATIVE RESOLUTION

    Adopted (P5_TA(2004)0147)

    The following spoke:

    Marco Cappato, on the Italian version of amendment 83 (the President replied that the authoritative version was the English one).

    Raina A. Mercedes Echerer, on the French version of amendments 53 and 54, which had been tabled in English.

    9.25.   Electromagnetic compatibility ***I (vote)

    Report on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States relating to electromagnetic compatibility [COM(2002) 759 — C5-0634/2002 — 2002/0306(COD)] — Committee on Industry, External Trade, Research and Energy.

    Rapporteur: Luis Berenguer Fuster

    (A5-0113/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 24)

    COMMISSION PROPOSAL

    Approved as amended (P5_TA(2004)0148)

    DRAFT LEGISLATIVE RESOLUTION

    Adopted (P5_TA(2004)0148)

    9.26.   Pollution from natural gas or liquefied petroleum gas engines ***I (vote)

    Report on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles [COM(2003) 522 — C5-0456/2003 — 2003/0205(COD)] — Committee on the Environment, Public Health and Consumer Policy.

    Rapporteur: Bernd Lange

    (A5-0057/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 25)

    COMMISSION PROPOSAL

    Approved as amended (P5_TA(2004)0149)

    DRAFT LEGISLATIVE RESOLUTION

    Adopted (P5_TA(2004)0149)

    9.27.   Criminal acts and penalties in the field of drug trafficking * (vote)

    Report on the proposal for a Council framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking (Renewed consultation) [15102/2/2003 — C5-0618/2003 — 2001/0114(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Arie M. Oostlander

    (A5-0095/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 26)

    COUNCIL DRAFT

    Approved (P5_TA(2004)0150)

    DRAFT LEGISLATIVE RESOLUTION

    Adopted (P5_TA(2004)0150)

    9.28.   European Agency for the Management of Operational Co-operation at the External Borders * (vote)

    Report on the proposal for a Council regulation establishing a European Agency for the Management of Operational Co-operation at the External Borders [COM(2003) 687 — C5-0613/2003 — 2003/0273(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

    Rapporteur: Christian Ulrik von Boetticher

    (A5-0093/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 27)

    COMMISSION PROPOSAL

    Approved as amended (P5_TA(2004)0151)

    DRAFT LEGISLATIVE RESOLUTION

    Adopted (P5_TA(2004)0151)

    The following spoke:

    Christian Ulrik von Boetticher (rapporteur), before the vote, on his report.

    9.29.   Work, the family and private life (vote)

    Report on reconciling professional, family and private lives [2003/2129(INI)] — Committee on Women's Rights and Equal Opportunities.

    Rapporteur: Regina Bastos

    (A5-0092/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 28)

    MOTION FOR A RESOLUTION

    Adopted (P5_TA(2004)0152)

    The following spoke:

    Regina Bastos (rapporteur) on amendment 2

    9.30.   Women from minority groups in the European Union (vote)

    Report on the situation of women from minority groups in the European Union [2003/2109(INI)] — Committee on Women's Rights and Equal Opportunities.

    Rapporteur: María Elena Valenciano Martínez-Orozco

    (A5-0102/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 29)

    MOTION FOR A RESOLUTION

    Adopted (P5_TA(2004)0153)

    9.31.   Population and development (vote)

    Report on population and development: 10 years after the international conference on population and development (Cairo-1994) [2003/2133(INI)] — Committee on Development and Cooperation.

    Rapporteur: Karin Junker

    (A5-0055/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 30)

    MOTION FOR A RESOLUTION

    Adopted (P5_TA(2004)0154)

    9.32.   Simplifying and improving Community regulation (vote)

    Third report on the Commission communications on simplifying and improving the regulatory environment [COM(2001) 726 — C5-0108/2002 — 2002/2052(COS)] — Committee on Legal Affairs and the Internal Market.

    Rapporteur: Manuel Medina Ortega

    (A5-0118/2004)

    (Simple majority)

    (Voting record: Annex 1, Item 31)

    MOTION FOR A RESOLUTION

    Adopted (P5_TA(2004)0155)

    10.   Explanations of vote

    Written explanations of vote:

    Explanations of vote submitted in writing under Rule 137(3) appear in the verbatim report of proceedings for this sitting.

    Oral explanations of vote:

    Report Dimitrakopoulos — A5-0071/2004

    Daniela Raschhofer

    Report Corbett — A5-0068/2004

    Richard Corbett, Christopher J.P. Beazley, on the previous speaker's remarks, and Richard Corbett, who spoke in reply.

    Report Paulsen — A5-0449/2003

    Horst Schnellhardt, on voting procedure on this report (the President pointed out that the Rules of Procedure had been adhered to).

    Report Fourtou — A5-0468/2003

    Astrid Thors, also on behalf of Johanna L.A. Boogerd-Quaak; Daniela Raschhofer and Claude Turmes.

    11.   Corrections to votes

    Corrections to votes were submitted by the following Members:

    Report Sörensen — A5-0099/2004

    single vote

    for: Juan José Bayona de Perogordo, Christopher J.P. Beazley

    Report Turco — A5-0108/2004

    initiative

    against: Giuseppe Di Lello Finnoli, Fausto Bertinotti, Luigi Vinci

    Report Cappato — A5-0104/2004

    single vote

    for: Marie-Hélène Descamps

    Recommendation for second reading Gröner — A5-0083/2004

    amendment 5

    for: Jean-Louis Bernié, Yves Butel, Alain Esclopé, Véronique Mathieu

    Report Corbett — A5-0068/2004

    amendment 4

    for: Juan José Bayona de Perogordo

    Report Paulsen — A5-0449/2003

    amendment 82

    against: Pervenche Berès, Eurig Wyn

    abstentions: Bruno Gollnisch

    Report Fourtou — A5-0468/2003

    amendment 103 and 108 (identical)

    for: Gilles Savary

    abstentions: Hans-Peter Martin

    amendment 104D and 109D (identical)

    for: Marco Cappato, Gilles Savary

    abstentions: Hans-Peter Martin

    amendment 111

    for: Gilles Savary

    amendment 53

    for: Ursula Stenzel, Gilles Savary

    amendment 54, first part

    for: Ursula Stenzel, Gilles Savary

    Report Oostlander — A5-0095/2004

    amendment 1

    against: Rijk van Dam

    Report Bastos — A5-0092/2004

    amendment 8

    against: Anders Wijkman

    abstentions: Roy Perry

    amendment 2D

    against: Ewa Hedkvist Petersen, Hans Karlsson, Yvonne Sandberg-Fries, Hans-Peter Martin, Giovanni Procacci

    resolution (as a whole)

    against: Giovanni Procacci

    Report Junker — A5-0055/2004

    amendments 21, 20, 23D, 8, 10, 12 and 14

    for: Giovanni Procacci

    amendment 30

    for: Peder Wachtmeister

    amendment 23D

    against: Jean-Louis Bernié, Yves Butel, Alain Esclopé

    amendment 14

    against: Marie-Hélène Gillig

    resolution (as a whole)

    against: Giovanni Procacci

    (The sitting, suspended at 13.15, resumed at 15.05.)

    IN THE CHAIR: Gerhard SCHMID

    Vice-President

    12.   Approval of Minutes of previous sitting

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

    The Minutes of the previous sitting were approved.

    13.   Membership of Parliament

    The competent Spanish authorities had given notice of the appointment of María del Carmen Ortiz Rivas to replace Joan Colom i Naval, as Member of Parliament, with effect from 8 March 2004.

    14.   Rights of Guantanamo detainees (debate)

    Report with a proposal for a European Parliament recommendation to the Council on the Guantanamo detainees' right to a fair trial [2003/2229(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

    Rapporteur: Ole Andreasen

    (A5-0107/2004)

    Ole Andreasen introduced the report.

    Christopher Patten (Member of the Commission) spoke.

    The following spoke: Sarah Ludford (draftsman of the opinion of the LIBE Committee), Cees Bremmer, on behalf of the PPE-DE Group, Jacques F. Poos, on behalf of the PSE Group, Marianne Eriksson, on behalf of the GUE/NGL Group, Patricia McKenna, on behalf of the Verts/ALE Group, Mogens N.J. Camre, on behalf of the UEN Group, Charles Tannock, Michael Cashman, Matti Wuori, Proinsias De Rossa, Jean Lambert and Martine Roure.

    The debate closed.

    Vote: Minutes of 10.03.2004, Item 5.13

    15.   European Partnerships under the Stabilisation and Association Process * (debate)

    Report on the proposal for a Council regulation on the establishment of European Partnerships in the framework of the Stabilisation and Association Process [COM(2003) 684 — C5-0574/2003 — 2003/0267(CNS)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

    Rapporteur: Joost Lagendijk

    (A5-0112/2004)

    Günther Verheugen (Member of the Commission) spoke.

    Joost Lagendijk introduced the report.

    The following spoke: Doris Pack, on behalf of the PPE-DE Group, Johannes (Hannes) Swoboda, on behalf of the PSE Group, Günther Verheugen and Johannes (Hannes) Swoboda, on the last speaker's remarks.

    The debate closed.

    Vote: Minutes of 10.03.2004, Item 5.3

    16.   Subsidies for youth programmes ***II — Subsidies for education and training programmes ***II — Subsidies for cultural programmes ***II (debate)

    Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of youth [15327/1/2003 — C5-0021/2004 — 2003/0113(COD)] — Committee on Culture, Youth, Education, the Media and Sport.

    Rapporteur: Christa Prets

    (A5-0075/2004)

    Recommendation for second reading on the common position of the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training [15334/1/2003 — C5-0022/2004 — 2003/0114(COD)] — Committee on Culture, Youth, Education, the Media and Sport.

    Rapporteur: Doris Pack

    (A5-0076/2004)

    Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of culture [15331/1/2003 — C5-0023/2004 — 2003/0115(COD)] — Committee on Culture, Youth, Education, the Media and Sport.

    Rapporteur: Ulpu Iivari

    (A5-0077/2004)

    Christa Prets introduced the recommendation for second reading (A5-0075/2004).

    Doris Pack introduced the recommendation for second reading (A5-0076/2004).

    Ulpu Iivari introduced the recommendation for second reading (A5-0077/2004).

    Viviane Reding (Member of the Commission) spoke.

    IN THE CHAIR: José PACHECO PEREIRA

    Vice-President

    The following spoke: Christopher J.P. Beazley, on behalf of the PPE-DE Group, Lissy Gröner, on behalf of the PSE Group, Kyösti Tapio Virrankoski, on behalf of the ELDR Group, Roy Perry, Eurig Wyn and Theresa Zabell.

    The debate closed.

    Vote: Minutes of 10.03.2004, Items 5.6, 5.7 and 5.8.

    (The sitting, suspended at 16.50 pending the next scheduled item on the agenda, resumed at 17.00.)

    17.   Education and training — Making citizenship work (Commission communication)

    Commission communication The new generation of Community education and training programmes after 2006 (COM(2004) 156)

    Commission communication Making citizenship work: fostering European culture and diversity through programmes for Youth, Culture, Audiovisual and Civic Participation (COM(2004) 154)

    Viviane Reding (Member of the Commission) spoke.

    The following put questions which Viviane Reding answered: Doris Pack, Christa Prets, Michel Rocard and Lissy Gröner.

    The item was closed.

    IN THE CHAIR: Alonso José PUERTA

    Vice-President

    18.   Question Time (Commission)

    Parliament considered a number of questions to the Commission (B5-0066/2004).

    First part

    Question 27 by Neil MacCormick: Potential abuse of dominant position.

    Franz Fischler (Member of the Commission) answered the question and supplementaries by Neil MacCormick and John Purvis.

    Question 28 lapsed as its author was absent.

    Question 29 by Bill Newton Dunn: A level playing-field for suspects who are accused across the Union.

    António Vitorino (Member of the Commission) answered the question and supplementaries by Bill Newton Dunn and Neil MacCormick.

    Question 30 lapsed as its author was absent.

    Second part

    Question 31 by Camilo Nogueira Román: Galician fisheries and the European Fisheries Control Agency.

    Franz Fischler answered the question and supplementaries by Camilo Nogueira Román and Daniel Varela Suanzes-Carpegna.

    Question 32 by Paulo Casaca: Emergency measures to stop the pillaging of resources in the waters round the Azores.

    Franz Fischler answered the question and a supplementary by Paulo Casaca.

    Question 33 by María Izquierdo Rojo: Recognition of Spanish productive circumstances in the future COM in olive oil.

    Franz Fischler answered the question and supplementaries by María Izquierdo Rojo and Ioannis Patakis.

    Question 34 lapsed as its author was absent.

    Question 35 by Carlos Lage: Use of specific traditional wine appellations by third countries.

    Franz Fischler answered the question and a supplementary by Carlos Lage.

    Question 36 by Richard Howitt: Mid-term review of the sugar regime.

    Franz Fischler answered the question and supplementaries by Richard Howitt and Agnes Schierhuber.

    Questions 37 et 38 would receive written answers.

    Question 39 by Marie Anne Isler Béguin: Human and financial costs of pollution in the enlarged EU.

    Margot Wallström (Member of the Commission) answered the question and supplementaries by Marie Anne Isler Béguin and Piia-Noora Kauppi.

    Question 40 by María Luisa Bergaz Conesa: Power line in the Redes national park and biosphere reserve (Asturias, Spain).

    Margot Wallström answered the question and a supplementary by María Luisa Bergaz Conesa.

    Question 41 lapsed as its author was absent.

    Question 42 by Patricia McKenna: Environmental letters of formal notice.

    Margot Wallström answered the question and supplementaries by Patricia McKenna and Caroline Lucas.

    Question 43 by James (Jim) Fitzsimons: UN conference on climate change.

    Margot Wallström answered the question.

    James (Jim) Fitzsimons spoke.

    Question 44 by Robert J.E. Evans: Trophy hunting.

    Margot Wallström answered the question and supplementaries by Robert J.E. Evans, Patricia McKenna and Marie Anne Isler Béguin.

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

    Commission Question Time closed.

    (The sitting, suspended at 19.00, resumed at 21.00.)

    IN THE CHAIR: Ingo FRIEDRICH

    Vice-President

    19.   Quality of ambient air ***I (debate)

    Report on the proposal for a directive of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air [COM(2003) 423 — C5-0331/2003 — 2003/0164(COD)] — Committee on the Environment, Public Health and Consumer Policy.

    Rapporteur: Hans Kronberger

    (A5-0047/2004)

    Margot Wallström (Member of the Commission) spoke.

    Hans Kronberger introduced the report.

    The following spoke: Caroline F. Jackson, on behalf of the PPE-DE Group, Bernd Lange, on behalf of the PSE Group, Hiltrud Breyer, on behalf of the Verts/ALE Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Eija-Riitta Anneli Korhola, David Robert Bowe, Alexander de Roo, Riitta Myller and Margot Wallström.

    The debate closed.

    Vote: Minutes of 20.04.2004, Item 10

    20.   Support schemes for farmers * — COM in olive oil and table olives * (debate)

    Report on the proposal for a Council regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers [COM(2003) 698 — C5-0597/2003 — 2003/0278(CNS)] — Committee on Agriculture and Rural Development.

    Rapporteur: Joseph Daul

    (A5-0123/2004),

    Co-Rapporteurs: Sergio Berlato, Vincenzo Lavarra, Xaver Mayer and María Rodríguez Ramos

    Report on the proposal for a Council Regulation on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 [COM(2003) 698 — C5-0598/2003 — 2003/0279(CNS)] — Committee on Agriculture and Rural Development.

    Rapporteur: Vincenzo Lavarra

    (A5-0106/2004)

    Franz Fischler (Member of the Commission) spoke.

    Joseph Daul (rapporteur), Sergio Berlato (co-rapporteur) and Alejandro Cercas (deputising for the co-rapporteur (María Rodríguez Ramos) introduced the report (A5-0123/2004).

    Vincenzo Lavarra introduced the report (A5-0106/2004).

    The following spoke: Xaver Mayer (co-rapporteur A5-0123/2004), Francesco Fiori, on behalf of the PPE-DE Group, Giovanni Procacci, on behalf of the ELDR Group, Margrietus J. van den Berg, on behalf of the PSE Group, Salvador Jové Peres, on behalf of the GUE/NGL Group, Friedrich-Wilhelm Graefe zu Baringdorf, on behalf of the Verts/ALE Group, Luís Queiró, on behalf of the UEN Group, Rijk van Dam, on behalf of the EDD Group, Dominique F.C. Souchet, Non-attached Member, Encarnación Redondo Jiménez, María Izquierdo Rojo, Joan Vallvé, Ilda Figueiredo, Juan Manuel Ferrández Lezaun, Roberta Angelilli, María del Pilar Ayuso González, Gordon J. Adam, Luciana Sbarbati, Ioannis Patakis, Giacomo Santini, Eryl Margaret McNally, Kyösti Tapio Virrankoski and Franz Fischler.

    The debate closed.

    Vote: Minutes of 10.03.2004, Items 5.9 and 5.10.

    21.   Agenda for next sitting

    The President referred Members to the document ‘Agenda‧ PE 342.370/OJME.

    22.   Closure of sitting

    The sitting closed at 23.15.

    Julian Priestley

    Secretary-General

    Gérard Onesta

    Vice-President


    ATTENDANCE REGISTER

    The following signed:

    Aaltonen, Abitbol, Adam, Nuala Ahern, Ainardi, Almeida Garrett, Alyssandrakis, Andersen, Andersson, Andreasen, André-Léonard, Andrews, Angelilli, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Avilés Perea, Ayuso González, Bakopoulos, Balfe, Baltas, Barón Crespo, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Belder, Berend, Berenguer Fuster, Berès, van den Berg, Bergaz Conesa, Berger, Berlato, Bernié, Berthu, Bertinotti, Beysen, Bigliardo, Blak, Blokland, Bodrato, Böge, Bösch, von Boetticher, Bonde, Bonino, Boogerd-Quaak, Booth, Borghezio, van den Bos, Boselli, Boudjenah, Boumediene-Thiery, Bouwman, Bowe, Bowis, Bradbourn, Bremmer, Breyer, Brie, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Butel, Callanan, Calò, Camisón Asensio, Campos, Camre, Cappato, Cardoso, Carnero González, Carraro, Carrilho, Casaca, Cashman, Caudron, Caullery, Cederschiöld, Celli, Cercas, Ceyhun, Chichester, Claeys, Clegg, Cocilovo, Coelho, Cohn-Bendit, Collins, Corbett, Corbey, Cornillet, Corrie, Paolo Costa, Cox, Crowley, Cushnahan, van Dam, Daul, Davies, De Clercq, Decourrière, Dehousse, De Keyser, Dell'Alba, Della Vedova, De Mita, Deprez, De Rossa, De Sarnez, Descamps, Deva, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Dimitrakopoulos, Di Pietro, Doorn, Dover, Doyle, Duff, Duhamel, Duin, Dupuis, Duthu, Dybkjær, Ebner, Echerer, El Khadraoui, Elles, Eriksson, Esclopé, Ettl, Jillian Evans, Jonathan Evans, Robert J.E. Evans, Färm, Farage, Fatuzzo, Fava, Ferber, Fernández Martín, Ferrández Lezaun, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flemming, Flesch, Ford, Formentini, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Fruteau, Gahler, Galeote Quecedo, Garaud, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, de Gaulle, Gawronski, Gebhardt, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Glase, Gobbo, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, Gouveia, Graefe zu Baringdorf, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hannan, Hansenne, Harbour, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Herzog, Hieronymi, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hume, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jeggle, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Karlsson, Kastler, Katiforis, Kaufmann, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kindermann, Glenys Kinnock, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Koukiadis, Koulourianos, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kronberger, Kuckelkorn, Kuhne, Lage, Lagendijk, Lalumière, Lamassoure, Lambert, Lange, Langen, Langenhagen, Lannoye, de La Perriere, Laschet, Lavarra, Lechner, Lehne, Leinen, Liese, Linkohr, Lisi, Lombardo, Lucas, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Malliori, Malmström, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marini, Markov, Marques, Martens, David W. Martin, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Mendiluce Pereiro, Menéndez del Valle, Mennea, Menrad, Messner, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Moraes, Morgan, Morgantini, Morillon, Müller, Mulder, Murphy, Muscardini, Musotto, Mussa, Myller, Naïr, Napoletano, Napolitano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nicholson of Winterbourne, Niebler, Nisticò, Nobilia, Nogueira Román, Nordmann, Obiols i Germà, Ojeda Sanz, Olsson, Ó Neachtain, Onesta, Oomen-Ruijten, Oostlander, Oreja Arburúa, Ortiz Rivas, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Paciotti, Pack, Paisley, Pannella, Parish, Pasqua, Pastorelli, Patakis, Paulsen, Pérez Álvarez, Pérez Royo, Perry, Pesälä, Piecyk, Pirker, Piscarreta, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Poli Bortone, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Provan, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Randzio-Plath, Rapkay, Raschhofer, Raymond, Read, Redondo Jiménez, Ribeiro, Ribeiro e Castro, Riis-Jørgensen, Rocard, Rod, de Roo, Roth-Behrendt, Rothe, Roure, Rousseaux, Rovsing, Rübig, Rühle, Ruffolo, Rutelli, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santer, Santini, dos Santos, Sauquillo Pérez del Arco, Savary, Sbarbati, Scallon, Scapagnini, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Gerhard Schmid, Herman Schmid, Olle Schmidt, Schmitt, Schnellhardt, Schörling, Ilka Schröder, Jürgen Schröder, Schroedter, Schulz, Schwaiger, Segni, Seppänen, Sichrovsky, Simpson, Sjöstedt, Skinner, Smet, Soares, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Speroni, Staes, Stauner, Stenmarck, Stenzel, Sterckx, Stevenson, Stihler, Stirbois, Stockmann, Stockton, Sturdy, Sudre, Sumberg, Suominen, Swiebel, Swoboda, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Thyssen, Titford, Titley, Torres Marques, Trakatellis, Trentin, Tsatsos, Turchi, Turco, Turmes, Twinn, Uca, Väyrynen, Vairinhos, Valenciano Martínez-Orozco, Vallvé, Van Hecke, Van Lancker, Van Orden, Varaut, Varela Suanzes-Carpegna, Vatanen, Vattimo, Veltroni, van Velzen, Vermeer, de Veyrinas, Vidal-Quadras Roca, Villiers, Vinci, Virrankoski, Vlasto, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watson, Watts, Weiler, Wenzel-Perillo, Whitehead, Wieland, Wiersma, Wijkman, von Wogau, Wuermeling, Wuori, Wurtz, Wynn, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen

    Observers

    Bagó, Balsai, Bastys, Beneš, Biela, Bielan, Kazys Jaunutis Bobelis, Mihael Brejc, Chronowski, Zbigniew Chrzanowski, Cybulski, Demetriou, Filipek, Gadzinowski, Galażewski, Germič, Giertych, Genowefa Grabowska, Gruber, Grzebisz-Nowicka, Grzyb, Gurmai, Holáň, Horvat, Ilves, Jerzy Jaskiernia, Kelemen, Klopotek, Klukowski, Konečná, Kósáné Kovács, Kowalska, Kriščiūnas, Daniel Kroupa, Kubica, Kuzmickas, Kvietkauskas, Laar, Lachnit, Lepper, Janusz Lewandowski, Liberadzki, Libicki, Lisak, Litwiniec, Lydeka, Lyżwiński, Macierewicz, Maldeikis, Manninger, Maštálka, Matsakis, Őry, Ouzký, Palečková, Pasternak, Pęczak, Alojz Peterle, Pieniążek, Plokšto, Podgórski, Podobnik, Pospíšil, Protasiewicz, Rouček, Rutkowski, Sefzig, Siekierski, Smorawiński, Surján, Szájer, Szczyglo, Tabajdi, Tomaka, Tomczak, Vaculík, Vadai, Valys, Vastagh, Vella, Vėsaitė, Winiarczyk-Kossakowska, Wiśniowska, Wittbrodt, Żenkiewicz, Žiak


    ANNEX I

    RESULTS OF VOTES

    Abbreviations and symbols

    +

    adopted

    rejected

    lapsed

    W

    withdrawn

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

    roll-call vote (for, against, abstentions)

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

    electronic vote (for, against, abstentions)

    split

    split vote

    sep

    separate vote

    am

    amendment

    CA

    compromise amendment

    CP

    corresponding part

    D

    deleting amendment

    =

    identical amendments

    §

    paragraph

    art

    article

    rec

    recital

    MOT

    motion for a resolution

    JT MOT

    joint motion for a resolution

    SEC

    secret ballot

    1.   Waste ***I

    Report: GARGANI (A5-0117/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    2.   Extraction solvents used in the production of foodstuffs ***I

    Report: GARGANI (A5-0085/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    3.   Cargo shipping ***I

    Report: GARGANI (A5-0086/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    4.   Participation in pre-accession Community assistance programmes *

    Report: BERENGUER FUSTER (A5-0089/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    5.   Protection of the Community's financial interests ***I

    Report: BÖSCH (A5-0087/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    Other information

    Am. 5 from the committee responsible to add a new recital 7a.

    6.   Draft Amending Budget No 1/2004 (Section III)

    Report: MULDER (A5-0059/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    7.   Draft Amending Budget No 2/2004 (Section VIII(B))

    Report: GILL (A5-0073/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    8.   Enlargement: adaptation of reference amounts for 6th Euratom framework programme *

    Report: BÖGE, COLOM I NAVAL (A5-0069/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    9.   Enlargement: adaptation of reference amounts (Regulations) ***I

    Report: BÖGE, COLOM I NAVAL (A5-0066/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    10.   Enlargement: adaptation of reference amounts (Decisions I) ***I

    Report: BÖGE, COLOM I NAVAL (A5-0067/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    11.   Enlargement: adaptation of reference amounts (Decisions II) ***I

    Report: BÖGE, COLOM I NAVAL (A5-0065/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    12.   Convention on the suppression of illicit drug trafficking on the high seas *

    Report: MATIKAINEN-KALLSTRÖM (A5-0100/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    13.   Short-term residence permits for victims of trafficking *

    Report: SØRENSEN (A5-0099/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

    RCV

    +

    449,45,7

    Requests for roll-call votes:

    PPE-DE: single vote

    14.   Europol: staff regulations, salaries and allowances *

    Report: TURCO (A5-0108/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    vote: initiative

    RCV

    54,411,43

    vote: legislative resolution

     

    +

     

    Requests for roll-call votes:

    Verts/ALE: initiative

    15.   Monitoring the application of Community law

    Report: MacCORMICK (A5-0109/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    16.   Biological and chemical agent attacks (health security)

    Report: SCHMID (A5-0097/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

     

    +

     

    17.   Data protection

    Report: CAPPATO (A5-0104/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

    RCV

    +

    439,39,28

    Requests for roll-call votes:

    Verts/ALE single vote

    18.   The rights of prisoners in the European Union

    Report: TURCO (A5-0094/2004)

    Subject

    RCV, etc.

    Vote

    RCV/EV — remarks

    single vote

    RCV

    +

    439,49,20

    Requests for roll-call votes:

    PSE, Verts/ALE single vote

    19.   Daphne II ***II

    Recommendation for second reading: GRÖNER (A5-0083/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    amendments by committee responsible — block vote

    1-4

    committee

     

    +

     

    amendments by committee responsible — separate votes

    5

    committee

    RCV

    +

    452,7,47

    Requests for roll-call votes

    PSE am 5

    20.   Statute and financing of European political parties at European level (amendments to the Rules of Procedure)

    Report: DIMITRAKOPOULOS (A5-0071/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    amendments by committee responsible — block votes

    2-3

    committee

     

    +

     

    amendments by committee responsible — separate votes

    5

    committee

    split

     

     

    1

    +

     

    2

    +

     

    art 22

    8

    UEN

     

     

    1

    committee

     

    +

     

    after art 184

    6

    EDD + Dell'Alba

     

    W

     

    7

    EDD + Dell'Alba

     

    W

     

    4

    committee

     

    +

     

    vote: proposal for a decision (as a whole)

     

    +

     

    Requests for split votes

    Verts/ALE

    am 5

    1st part: text as a whole without paragraph 5

    2nd part: that paragraph

    21.   Restructuring the European Parliament's Rules of Procedure

    Report: CORBETT (A5-0068/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    amendments by committee responsible — block votes

    1-3

    5-8

    committee

     

    +

     

    amendments by committee responsible — separate votes

    4

    committee

    RCV

    +

    390,78,38

    vote: proposal for a decision (as a whole)

     

    +

     

    Requests for roll-call votes

    Verts/ALE am 4

    22.   Official feed and food controls ***I

    Report: PAULSEN (A5-0449/2003)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    text as a whole

    Block 1

    139 amendments from 4 political groups

    EV

    +

    301,190,10

    173

    4 political groups

    sep

    +

     

    206

    4 political groups

    split

     

     

    1

    +

     

    2

     

    Block 2

    54 amendments from the committee

     

     

    2

    committee

    sep

     

    12

    committee

    sep

     

    13

    committee

    sep

     

    14

    committee

    sep

     

    15

    committee

    sep

     

    16

    committee

    sep

     

    17

    committee

    sep

     

    20

    committee

    sep

     

    21

    committee

     

     

    28

    committee

    sep

     

    31

    committee

    sep

     

    33

    committee

    sep

     

    35

    committee

    sep

     

    37

    committee

    sep

     

    45

    committee

    sep

     

    53

    committee

    sep

     

    66

    committee

    sep

     

    67

    committee

    sep

     

    68

    committee

     

     

    70

    committee

    sep

     

    71

    committee

    sep

     

    79

    committee

    sep

     

    5

    committee

     

    +

     

    60

    committee

    sep

    +

     

    art 5

    147

    ELDR + GUE/NGL + PSE + Verts/ALE

     

    +

     

    82

    PPE-DE

    RCV

    204,299,9

    art 26, after the sole paragraph

    83

    PPE-DE

     

     

    84

    PPE-DE

     

     

    85

    PPE-DE

     

     

    art 28

    175

    ELDR + GUE/NGL + PSE + Verts/ALE

     

    +

     

    51

    committee

     

     

    86

    PPE-DE

     

     

    annex 4

    224

    ELDR + GUE/NGL + PSE + Verts/ALE

     

    +

     

    87

    PPE-DE

     

     

    recital 32

    81

    PPE-DE

     

     

    96

    ELDR + GUE/NGL + PSE + Verts/ALE

     

    +

     

    vote: amended proposal

    EV

    +

    289,202,15

    vote: legislative resolution

    RCV

    +

    287,194,23


    Block 1

    139 amendments from 4 political groups (amendments 88 to 95, 97 to 146, 148 to 174, 176 to 223, 225 to 227, 228/80 [identical] and 229)

    Block 2

    76 amendments from the ENVI Committee (amendments 1 to 4, 6 to 50, 52 to 59 and 61 to 79)

    Block 3

    2 amendments from the ENVI Committee (amendments 5 and 60)

    Requests for roll-call votes

    PPE-DE am 82

    ELDR final vote

    Requests for separate vote

    PPE-DE

    ams 173 (block no 1)

     

    ams 2, 12, 13, 14, 15, 16, 17, 20, 28, 31, 33, 35, 37, 45, 53, 66, 67, 70, 71, 79 (block no 2)

     

    am 60 (block no 3)

    Request for a split vote

    ELDR

    am 206 (block no 1)

    1st part: text as a whole apart from the words ‘and may include ... criminal law‧

    2nd part: those words

    23.   Intellectual property ***I

    Report: FOURTOU (A5-0468/2003)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    text as a whole

    block 1

    4 political groups

     

    +

     

    block 2

    committee

     

     

    art 2

    77

    PPE + PSE + ELDR + UEN

    EV

    +

    307,185,7

    101=

    106=

    CAPPATO ao

    GUE/NGL

     

     

    55

    Verts/ALE

     

     

    13

    committee

     

     

    art 5

    80

    PPE + PSE + ELDR + UEN

     

    +

     

    19

    committee

     

     

    102=

    107=

    CAPPATO ao

    GUE/NGL

     

     

    art 7

    103=

    108=

    CAPPATO ao

    GUE/NGL

    RCV

    156,346,8

    82

    PPE + PSE + ELDR + UEN

    EV

    +

    375,121,3

    24-26

    committee

     

     

    art 8

    104 D =

    109 D =

    CAPPATO ao

    GUE/NGL

    RCV

    137,352,22

    83

    PPE + PSE + ELDR + UEN

     

    +

     

    27

    committee

     

     

    113

    EDD

    RCV

     

    art 9

    84

    PPE + PSE + ELDR + UEN

     

    +

     

    29

    committee

     

     

    105 =

    110 =

    CAPPATO ao

    GUE/NGL

     

     

    art 10, after § 5

    111

    EDD

    RCV

    165,343,10

    recital 13

    53

    Verts/ALE

    RCV

    193,310,12

    58

    PPE + PSE + ELDR + UEN

     

    +

     

    5

    committee

     

     

    after recital 13

    54

    Verts/ALE

    split/RCV

     

     

    1

    198,305,11

    2

     

    59

    PPE + PSE + ELDR + UEN

     

    +

     

    after recital 22

    112

    EDD

     

     

    vote: amended proposal

    RCV

    +

    339,144,38

    vote: legislative resolution

    RCV

    +

    330,151,39


    Block 1 =

    38 amendments from 4 political groups (amendments 56, 57, 60 to 76, 78, 79, 81, 85 to 100)

    Block 2 =

    44 amendments from the JURI Committee (amendments 1 to 4, 6 to 12, 14 to 18, 20 to 23, 28, 30 to 52)

    Requests for roll-call votes

    PPE-DE ams 103, 104, 111, 53, 54

    Verts/ALE ams 53, amended proposal and final vote

    Request for a split vote

    Verts/ALE

    am 54

    1st part: text as a whole except the words ‘The acts which are committed ... economic or commercial impact‧

    2nd part: those words

    24.   Electromagnetic compatibility ***I

    Report: BERENGUER FUSTER (A5-0113/004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    amendments by committee responsible — block vote

    1-15

    17-26

    30

    32-36

    38

    committee

     

    +

     

    art 7

    39

    PSE

     

    +

     

    vote: amended proposal

     

    +

     

    vote: legislative resolution

     

    +

     

    Amendments 16, 27, 28, 29, 31 and 37 had been cancelled.

    25.   Pollution from natural gas or liquefied petroleum gas engines ***I

    Report: LANGE (A5-0057/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    amendments by committee responsible — block vote

    1

    3

    6-7

    9

    11

    committee

     

    +

     

    art 2, after § 9

    13

    PSE + PPE-DE + ELDR + Verts/ALE

     

    +

     

    4

    committee

     

     

    art 1, § 3, points (a) and (b)

    14

    PSE + PPE-DE + ELDR + Verts/ALE

     

    +

     

    5

    committee

     

     

    after art 4

    15

    PSE + PPE-DE + ELDR + Verts/ALE

     

    +

     

    8

    committee

     

     

    art 7, after § 1

    16

    PSE + PPE-DE + ELDR + Verts/ALE

     

    +

     

    10

    committee

     

     

    art 8

    17

    PSE + PPE-DE + ELDR + Verts/ALE

     

    +

     

    after recital 15

    12

    PSE + PPE-DE + ELDR + Verts/ALE

     

    +

     

    2

    committee

     

     

    vote: amended proposal

     

    +

     

    vote: legislative resolution

     

    +

     

    26.   Criminal acts and penalties in the field of drug trafficking *

    Report: OOSTLANDER (A5-0095/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    after § 1

    1

    Verts/ALE

    RCV

    +

    261,242,7

    vote: amended proposal

     

    +

     

    vote: legislative resolution

     

    +

     

    Request for a roll-call vote

    Verts/ALE am 1

    27.   European Agency for the Management of Operational Co-operation at the External Borders *

    Report: VON BOETTICHER (A5-0093/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    amendments by committee responsible — block vote

    1-52

    committee

     

    +

     

    vote: amended proposal

     

    +

     

    vote: legislative resolution

     

    +

     

    28.   Work, the family and private life

    Report: BASTOS (A5-0092/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    § 3

    8

    PSE

    RCV

    +

    241,222,48

    § 7

     

    original text

    RCV

    +

    470,20,14

    § 8

    9

    ELDR

     

     

    § 13

    10D

    ELDR

     

     

    § 15

    11

    ELDR

     

     

    § 16

    12

    ELDR

     

     

    § 17

    13

    ELDR

     

     

    § 18

    14

    ELDR

     

     

    § 20

    15D

    ELDR

     

     

    § 21

    4

    GUE/NGL

     

     

    16

    ELDR

     

     

    § 26

    17

    ELDR

     

     

    after § 29

    5

    GUE/NGL

    RCV

    169,321,21

    § 30

    6

    GUE/NGL

     

     

    § 31

    18

    ELDR

     

     

    after citation 9

    7

    PPE-DE + PSE

     

    +

     

    after citation 11

    1

    UEN

    EV

    +

    305,199,7

    recital G

    2D

    UEN

    RCV

    +

    353,143,13

    recital K

    3

    UEN

     

    +

     

    vote: resolution (as a whole)

    RCV

    +

    424,51,37

    Requests for roll-call votes

    PPE-DE ams 8, 5, 2, final vote

    PSE § 7, final vote

    29.   Women in minority groups in the European Union

    Report: MARTÍNEZ OROZCO (A5-0102/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    § 13

     

    original text

    sep

    +

     

    § 14, indent 1

    1

    PPE-DE

     

     

    § 14, indent 2

     

    original text

    sep

    +

     

    § 14, indent 4

     

    original text

    sep

    +

     

    § 14, indent 5

     

    original text

    sep

    +

     

    § 14, indent 8

    2

    PPE-DE

     

     

    § 16

    3

    PPE-DE

     

     

    5

    PSE

     

    +

     

    § 20

    4

    PPE-DE

     

     

    vote: resolution (as a whole)

    RCV

    +

    311,38,156

    Request for a roll-call vote

    PSE final vote

    Requests for separate vote

    PPE-DE §§ 13, 14 (indent 2), 14 (indent 4), 14 (indent 5)

    30.   Population and development

    Report: JUNKER (A5-0055/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    § 4

    31

    UEN

     

     

    after § 4

    28

    UEN

     

     

    § 6

    15

    PPE-DE

     

     

    § 7

    16

    PPE-DE

     

     

    § 8

    17

    PPE-DE

     

     

    after § 9

    5

    PSE

     

    +

     

    § 10

     

    original text

    sep

    +

     

    after § 10

    26

    GUE/NGL

     

    +

     

    § 11

    18

    PPE-DE

     

     

    § 13

    19

    PPE-DE

     

    +

     

    § 17

     

    original text

    sep

    +

     

    § 20

    21

    PPE-DE

    RCV

    186,305,16

    30

    UEN

    RCV

    215,285,3

    20

    PPE-DE

    RCV

    207,281,18

    after § 21

    4

    PSE

     

    +

     

    § 23

     

    original text

    sep

    +

     

    § 24

    24

    Verts/ALE et al

     

    +

     

    § 25

    25

    Verts/ALE et al

     

    +

     

    after § 25

    22

    PPE-DE

     

    +

     

    § 26

    23D

    PPE-DE

    RCV

    228,277,3

    citation 12

    6

    PPE-DE

     

     

    after citation 15

    27

    UEN

     

     

    after citation 29

    1

    PSE

     

    +

     

    after recital C

    29

    UEN

     

     

    rec D

     

    original text

    sep

    +

     

    recital E

    7

    PPE-DE

     

     

    recital K

    8

    PPE-DE

    RCV

    210,283,11

    recital L

    9

    PPE-DE

     

     

    recital Q

    10

    PPE-DE

    RCV

    217,277,11

    after rec R

    11

    PPE-DE

     

    +

     

    after recital Y

    12

    PPE-DE

    RCV

    210,284,12

    rec Z

    13

    PPE-DE

    EV

    +

    256,173,72

    rec AB

    14

    PPE-DE

    RCV

    210,286,8

    rec AC

    2

    PSE

     

    +

     

    after rec AC

    3

    PSE

     

    +

     

    vote: resolution (as a whole)

    RCV

    +

    287,196,13

    Requests for roll-call votes

    PPE-DE ams 20, 21 and final vote

    PSE ams 30, 20, 21, 23D, 8, 10, 12, 14, final vote

    Requests for separate vote

    PPE-DE § 10

    UEN rec D, §§ 10, 17, 23

    31.   Simplifying and improving Community regulation

    3rd Report: MEDINA ORTEGA (A5-0118/2004)

    Subject

    Am no.

    Author

    RCV, etc.

    Vote

    RCV/EV — remarks

    vote: resolution (as a whole)

     

    +

     


    ANNEX II

    RESULT OF ROLL-CALL VOTES

    Sörensen report A5-0099/2004

    Resolution

    For: 449

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Berthu, Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Pannella, Raschhofer, Souchet, Turco

    PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bremmer, Brok, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stockton, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

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

    UEN: Andrews, Berlato, Bigliardo, Camre, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Pasqua, Poli Bortone, Ribeiro e Castro, Turchi

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

    Against: 45

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

    GUE/NGL: Schröder Ilka

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

    PPE-DE: Atkins, Balfe, Beazley, Bradbourn, Bushill-Matthews, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, García-Orcoyen Tormo, Goodwill, Harbour, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Perry, Provan, Purvis, Scallon, Stevenson, Sturdy, Twinn, Villiers

    Abstention: 7

    NI: Beysen, Borghezio, Mennea, Speroni

    UEN: Caullery, Segni, Thomas-Mauro

    Turco report A5-0108/2004

    Text

    For: 54

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

    GUE/NGL: Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Gorostiaga Atxalandabaso, de La Perriere

    PPE-DE: Ferri, García-Orcoyen Tormo, Garriga Polledo, Naranjo Escobar, Oreja Arburúa, Salafranca Sánchez-Neyra, Vidal-Quadras Roca, Zabell

    UEN: Andrews, Camre, Fitzsimons, Hyland, Marchiani, Ribeiro e Castro

    Against: 411

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

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

    GUE/NGL: Ainardi, Kaufmann, Patakis

    NI: Beysen, Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Martin Hans-Peter, Mennea, Pannella, Speroni, Stirbois, Turco

    PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Menrad, Mombaur, Morillon, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zacharakis, Zimmerling, Zissener

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

    UEN: Berlato, Bigliardo, Caullery, Collins, Muscardini, Pasqua, Poli Bortone, Segni, Thomas-Mauro, Turchi

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

    Abstention: 43

    EDD: Abitbol, Kuntz

    GUE/NGL: Puerta

    NI: Berthu, Kronberger, Souchet

    PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Perry, Provan, Purvis, Scallon, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

    Cappato report A5-0104/2004

    Resolution

    For: 439

    EDD: Abitbol, Andersen, Bonde, Kuntz, Sandbæk

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

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

    NI: Berthu, Beysen, Bonino, Cappato, Dell'Alba, Della Vedova, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Mennea, Pannella, Raschhofer, Souchet, Turco

    PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis

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

    UEN: Andrews, Camre, Collins, Fitzsimons, Hyland, Segni

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

    Against: 39

    EDD: Belder, Blokland, van Dam

    PPE-DE: Atkins, Balfe, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Descamps, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Perry, Provan, Purvis, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

    Abstention: 28

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

    NI: Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Speroni, Stirbois

    PPE-DE: Beazley

    UEN: Berlato, Bigliardo, Caullery, Marchiani, Muscardini, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

    Turco report A5-0094/2004

    Resolution

    For: 439

    EDD: Abitbol, Andersen, Bonde, Sandbæk

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

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

    NI: Beysen, Bonino, Cappato, Dell'Alba, Della Vedova, Garaud, Hager, Ilgenfritz, Kronberger, Martin Hans-Peter, Mennea, Pannella, Raschhofer, Turco

    PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

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

    UEN: Andrews, Collins, Fitzsimons, Hyland, Segni

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

    Against: 49

    EDD: Belder, Blokland, van Dam

    NI: Borghezio, Speroni

    PPE-DE: Atkins, Balfe, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Harbour, Heaton-Harris, Helmer, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Perry, Provan, Purvis, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

    UEN: Berlato, Bigliardo, Camre, Caullery, Marchiani, Muscardini, Pasqua, Poli Bortone, Ribeiro e Castro, Thomas-Mauro, Turchi

    Abstention: 20

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

    NI: Berthu, Claeys, Dillen, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, de La Perriere, Souchet, Stirbois

    PPE-DE: Beazley

    UEN: Queiró

    Gröner recommendation A5-0083/2004

    Amendment 5

    For: 452

    EDD: Abitbol, Andersen, Bonde, Kuntz, Sandbæk

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Mennea, Raschhofer, Souchet, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

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

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

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

    Against: 7

    EDD: Belder, Blokland, Butel, van Dam, Esclopé, Farage, Saint-Josse

    Abstention: 47

    EDD: Bernié, Booth, Mathieu, Titford

    GUE/NGL: Patakis

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

    PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Perry, Provan, Purvis, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

    Corbett report A5-0068/2004

    Amendment 4

    For: 390

    EDD: Belder, Blokland, van Dam, Sandbæk

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

    GUE/NGL: Caudron, Naïr

    NI: Beysen, Borghezio, Mennea, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Bösch, Boselli, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

    UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Fitzsimons, Hyland, Muscardini, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

    Against: 78

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

    GUE/NGL: Bergaz Conesa, Di Lello Finuoli, Fiebiger, Fraisse, Krarup, Manisco, Markov, Patakis, Scarbonchi

    NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Martin Hans-Peter, Pannella, Stirbois, Turco

    PPE-DE: Deva, De Veyrac, Goodwill, Maat, Schleicher, Tannock

    PSE: Dehousse, Miguélez Ramos

    UEN: Marchiani, Thomas-Mauro

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

    Abstention: 38

    EDD: Booth, Farage, Kuntz, Titford

    ELDR: Davies

    GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Blak, Boudjenah, Brie, Eriksson, Figueiredo, Herzog, Jové Peres, Kaufmann, Koulourianos, Meijer, Modrow, Puerta, Ribeiro, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Berthu, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer, Souchet

    PSE: Berger, Dhaene, Mendiluce Pereiro, Scheele

    Paulsen report A5-0449/2003

    Amendment 82

    For: 204

    EDD: Andersen, Bonde, Sandbæk

    GUE/NGL: Fiebiger

    NI: Beysen, Borghezio, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Mennea, Raschhofer, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zimmerling, Zissener

    PSE: Berès, Görlach, Kindermann, Marinho

    UEN: Andrews, Fitzsimons, Hyland, Queiró

    Verts/ALE: Wyn

    Against: 299

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Berthu, Gorostiaga Atxalandabaso, de La Perriere, Martin Hans-Peter, Souchet

    PPE-DE: Arvidsson, Cederschiöld, Grönfeldt Bergman, Sacrédeus, Stenmarck, Wachtmeister, Wijkman

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

    UEN: Berlato, Bigliardo, Camre, Caullery, Collins, Marchiani, Muscardini, Pasqua, Poli Bortone, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

    Abstention: 9

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

    Paulsen report A5-0449/2003

    Resolution

    For: 287

    EDD: Belder, Blokland, van Dam

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer

    PPE-DE: Arvidsson, Cederschiöld, De Sarnez, Dimitrakopoulos, Ebner, Grönfeldt Bergman, Hortefeux, Maat, Oomen-Ruijten, Sacrédeus, Stenmarck, Trakatellis, Wachtmeister, Wijkman

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zrihen

    UEN: Andrews, Berlato, Bigliardo, Collins, Fitzsimons, Hyland, Muscardini, Poli Bortone, Segni

    Verts/ALE: Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Rod, de Roo, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

    Against: 194

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

    NI: Berthu, Beysen, Borghezio, Garaud, Hager, de La Perriere, Mennea, Souchet, Speroni

    PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

    PSE: Goebbels

    UEN: Caullery, Marchiani, Queiró

    Abstention: 23

    EDD: Bonde, Kuntz, Sandbæk

    GUE/NGL: Patakis

    NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Pannella, Stirbois, Turco

    PPE-DE: Flemming

    PSE: Dehousse, Görlach, Kindermann

    UEN: Camre, Pasqua, Ribeiro e Castro

    Fourtou report A5-0468/2003

    Amendments 103 and 108

    For: 156

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

    ELDR: Boogerd-Quaak, van den Bos, Clegg, Monsonís Domingo, Plooij-van Gorsel, Rutelli, Thors, Vallvé

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, de Gaulle, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Stirbois, Turco

    PPE-DE: Korhola, Lulling, Matikainen-Kallström, Suominen, Vatanen, Vlasto, Wijkman

    PSE: van den Berg, Berger, van den Burg, Carrilho, Casaca, Dehousse, Dhaene, El Khadraoui, Färm, Fava, van Hulten, Imbeni, Izquierdo Rojo, Jöns, Marinho, Martin David W., Martínez Martínez, Mastorakis, Mendiluce Pereiro, Miranda de Lage, Napoletano, Paciotti, Ruffolo, Sacconi, Sakellariou, Scheele, Sornosa Martínez, Swiebel, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Wiersma, Zrihen

    UEN: Berlato, Bigliardo, Muscardini, Poli Bortone, Queiró, Segni, Turchi

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

    Against: 346

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

    ELDR: Andreasen, André-Léonard, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

    NI: Berthu, Beysen, Borghezio, Hager, de La Perriere, Mennea, Souchet, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Bösch, Boselli, Bowe, Campos, Cashman, Cercas, Ceyhun, Corbey, De Keyser, Díez González, Duhamel, Duin, Ettl, Evans Robert J.E., Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Morgan, Müller, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Simpson, Skinner, Souladakis, Sousa Pinto, Stihler, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Tsatsos, Walter, Watts, Weiler, Whitehead, Wynn, Zimeray, Zorba

    UEN: Andrews, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Pasqua, Thomas-Mauro

    Abstention: 8

    ELDR: Malmström, Olsson, Paulsen, Schmidt

    GUE/NGL: Herzog

    NI: Gollnisch

    UEN: Camre, Ribeiro e Castro

    Fourtou report A5-0468/2003

    Amendments 104 and 109

    For: 137

    EDD: Andersen, Bonde, Sandbæk

    ELDR: Boogerd-Quaak, van den Bos, Clegg, Monsonís Domingo, Plooij-van Gorsel, Rutelli, Thors, Vallvé

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, Gorostiaga Atxalandabaso, Martin Hans-Peter, Pannella, Turco

    PPE-DE: Korhola, Lulling, Matikainen-Kallström, Suominen, Vatanen, Wijkman

    PSE: van den Berg, Berger, Bösch, van den Burg, Carrilho, Casaca, Dehousse, Dhaene, El Khadraoui, Ettl, Fava, van Hulten, Imbeni, Izquierdo Rojo, Marinho, Mendiluce Pereiro, Napoletano, Paciotti, Prets, Ruffolo, Sacconi, Scheele, Swiebel, Swoboda, Torres Marques, Trentin, Vairinhos, Van Lancker, Vattimo, Veltroni, Volcic, Wiersma, Zrihen

    UEN: Berlato, Bigliardo, Muscardini, Poli Bortone, Queiró, Segni, Turchi

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

    Against: 352

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

    ELDR: Andreasen, André-Léonard, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

    NI: Berthu, Beysen, Borghezio, Hager, Ilgenfritz, de La Perriere, Mennea, Souchet, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Boselli, Bowe, Campos, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Díez González, Duhamel, Duin, Evans Robert J.E., Färm, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Poignant, Poos, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Tsatsos, Valenciano Martínez-Orozco, Walter, Watts, Weiler, Whitehead, Wynn, Zorba

    UEN: Andrews, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Pasqua, Thomas-Mauro

    Abstention: 22

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

    ELDR: Malmström, Olsson, Paulsen, Schmidt

    GUE/NGL: Herzog

    NI: Claeys, Dillen, de Gaulle, Gollnisch, Kronberger, Raschhofer, Stirbois

    PSE: Zimeray

    UEN: Camre

    Fourtou report A5-0468/2003

    Amendment 111

    For: 165

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

    ELDR: Boogerd-Quaak, van den Bos, Clegg, Plooij-van Gorsel, Thors, Vallvé

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Patakis, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Speroni, Turco

    PPE-DE: Korhola, Matikainen-Kallström, Suominen, Vatanen

    PSE: Barón Crespo, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carraro, Carrilho, Casaca, Cercas, Corbey, Dehousse, De Keyser, Dhaene, Duhamel, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gillig, Guy-Quint, van Hulten, Imbeni, Lalumière, Lavarra, Marinho, Mendiluce Pereiro, Napoletano, Paciotti, Pittella, Poignant, Prets, Rocard, Roure, Ruffolo, Sacconi, Scheele, Swiebel, Swoboda, Terrón i Cusí, Torres Marques, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Wiersma, Zimeray, Zrihen

    UEN: Berlato, Bigliardo, Muscardini, Nobilia, Poli Bortone, Segni, Turchi

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

    Against: 343

    EDD: Kuntz

    ELDR: Andreasen, André-Léonard, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

    NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Boselli, Bowe, Cashman, Ceyhun, Corbett, Díez González, Duin, Evans Robert J.E., Färm, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Poos, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Theorin, Thorning-Schmidt, Titley, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Walter, Watts, Weiler, Whitehead, Wynn, Zorba

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

    Abstention: 10

    ELDR: Malmström, Olsson, Paulsen, Schmidt

    GUE/NGL: Herzog, Puerta

    NI: Martin Hans-Peter

    PPE-DE: Jarzembowski, Lisi

    UEN: Camre

    Fourtou report A5-0468/2003

    Amendment 53

    For: 193

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

    ELDR: Boogerd-Quaak, van den Bos, Clegg, Plooij-van Gorsel, Thors, Vallvé

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Stirbois, Turco

    PPE-DE: Doorn, Ferri, Karas, Korhola, Matikainen-Kallström, Rack, Rübig, Schierhuber, Suominen, Vatanen, Zappalà

    PSE: Aparicio Sánchez, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Dehousse, De Keyser, Dhaene, Duhamel, Duin, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gebhardt, Gillig, Görlach, Gröner, Guy-Quint, Haug, van Hulten, Imbeni, Izquierdo Rojo, Jöns, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lalumière, Lange, Lavarra, Leinen, Mendiluce Pereiro, Müller, Napoletano, Napolitano, Paciotti, Piecyk, Pittella, Poignant, Prets, Rapkay, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schulz, Swiebel, Swoboda, Terrón i Cusí, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zimeray, Zrihen

    UEN: Segni

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

    Against: 310

    EDD: Belder, Blokland, van Dam, Kuntz

    ELDR: Andreasen, André-Léonard, Busk, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

    NI: Berthu, Beysen, Borghezio, Hager, de La Perriere, Mennea, Souchet, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

    PSE: Adam, Andersson, Baltas, Barón Crespo, Boselli, Bowe, Cashman, Corbey, Díez González, Evans Robert J.E., Färm, Gill, Glante, Goebbels, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Karamanou, Katiforis, Kinnock, Koukiadis, Lage, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Poos, Read, Sandberg-Fries, dos Santos, Savary, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Whitehead, Wynn, Zorba

    UEN: Andrews, Bigliardo, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

    Abstention: 12

    EDD: Booth, Farage, Titford

    ELDR: Malmström, Olsson, Paulsen, Schmidt

    GUE/NGL: Herzog

    NI: Martin Hans-Peter

    UEN: Camre, Nobilia, Turchi

    Fourtou report A5-0468/2003

    Amendment 54, 1st part

    For: 198

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

    ELDR: Boogerd-Quaak, Clegg, Plooij-van Gorsel, Rutelli, Thors, Vallvé

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Stirbois, Turco

    PPE-DE: Doorn, Karas, Korhola, Matikainen-Kallström, Pronk, Rack, Rübig, Schierhuber, Vatanen

    PSE: Berenguer Fuster, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carraro, Carrilho, Casaca, Ceyhun, Corbett, Dehousse, De Keyser, Dhaene, Duhamel, Duin, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Haug, van Hulten, Imbeni, Izquierdo Rojo, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lalumière, Lange, Lavarra, Leinen, Mastorakis, Mendiluce Pereiro, Miguélez Ramos, Müller, Napoletano, Paasilinna, Paciotti, Piecyk, Pittella, Poignant, Prets, Randzio-Plath, Rocard, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schulz, Swiebel, Swoboda, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zimeray, Zrihen

    UEN: Berlato, Muscardini, Poli Bortone, Segni

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

    Against: 305

    EDD: Kuntz

    ELDR: Andreasen, van den Bos, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

    NI: Berthu, Beysen, Borghezio, Hager, de La Perriere, Souchet, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Boselli, Bowe, Cashman, Corbey, Díez González, Evans Robert J.E., Färm, Gill, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Lage, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Medina Ortega, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Murphy, Napolitano, Obiols i Germà, O'Toole, Pérez Royo, Poos, Rapkay, Read, Rothley, Sandberg-Fries, dos Santos, Savary, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Whitehead, Wynn, Zorba

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

    Abstention: 11

    ELDR: Malmström, Olsson, Paulsen, Schmidt

    GUE/NGL: Herzog

    NI: Martin Hans-Peter, Mennea

    UEN: Bigliardo, Camre, Nobilia, Turchi

    Fourtou report A5-0468/2003

    Commission proposal

    For: 339

    EDD: Belder, Blokland, van Dam, Kuntz

    ELDR: Andreasen, van den Bos, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Vermeer, Virrankoski, Wallis, Watson

    GUE/NGL: Fraisse, Herzog, Jové Peres, Puerta

    NI: Beysen, Borghezio, de La Perriere, Mennea, Souchet, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Boselli, Bowe, Campos, Casaca, Cashman, Cercas, Corbett, Corbey, De Keyser, Díez González, Duhamel, Evans Robert J.E., Färm, Fruteau, Garot, Gill, Glante, Gröner, Guy-Quint, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Lage, Lalumière, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Poignant, Poos, Rapkay, Read, Rocard, Rothley, Roure, Sandberg-Fries, Sauquillo Pérez del Arco, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Weiler, Whitehead, Wynn, Zimeray, Zorba

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

    Against: 144

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

    ELDR: Boogerd-Quaak, Clegg, Malmström, Olsson, Paulsen, Plooij-van Gorsel, Schmidt, Thors

    GUE/NGL: Bergaz Conesa, Blak, Boudjenah, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Kaufmann, Krarup, Manisco, Markov, Meijer, Ribeiro, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Turco

    PPE-DE: Korhola, Matikainen-Kallström, Schierhuber, Vatanen

    PSE: van den Berg, Berger, Bösch, van den Burg, Carraro, Carrilho, Ceyhun, Dehousse, Dhaene, Duin, El Khadraoui, Ettl, Fava, Gebhardt, Goebbels, Görlach, Haug, van Hulten, Imbeni, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lange, Lavarra, Leinen, Mendiluce Pereiro, Müller, Napoletano, Napolitano, Paciotti, Piecyk, Pittella, Prets, Randzio-Plath, Rothe, Ruffolo, Sacconi, Sakellariou, Scheele, Schulz, Swiebel, Swoboda, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Wiersma, Zrihen

    UEN: Berlato, Bigliardo, Muscardini, Nobilia, Poli Bortone, Segni, Turchi

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

    Abstention: 38

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

    ELDR: André-Léonard, Vallvé, Van Hecke

    GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Brie, Caudron, Koulourianos, Modrow, Morgantini, Naïr, Patakis, Scarbonchi, Uca, Vinci, Wurtz

    NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Martin Hans-Peter, Stirbois

    PPE-DE: Lisi, Suominen, Wijkman

    PSE: Roth-Behrendt, dos Santos, Savary

    UEN: Camre

    Fourtou report A5-0468/2003

    Resolution

    For: 330

    EDD: Belder, Blokland, van Dam, Kuntz

    ELDR: Andreasen, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Vermeer, Virrankoski, Wallis, Watson

    GUE/NGL: Fraisse, Herzog, Puerta

    NI: Berthu, Beysen, Borghezio, de La Perriere, Mennea, Souchet, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Boselli, Bowe, Campos, Casaca, Cashman, Cercas, Corbett, Díez González, Duhamel, Evans Robert J.E., Färm, Fruteau, Garot, Gill, Gillig, Glante, Guy-Quint, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Morgan, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Poignant, Poos, Rapkay, Read, Rocard, Rothley, Roure, Sandberg-Fries, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Simpson, Skinner, Sornosa Martínez, Souladakis, Stihler, Stockmann, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Whitehead, Wynn, Zimeray, Zorba

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

    Against: 151

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

    ELDR: Boogerd-Quaak, Clegg, Malmström, Olsson, Paulsen, Plooij-van Gorsel, Schmidt, Thors

    GUE/NGL: Bergaz Conesa, Blak, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Kaufmann, Krarup, Manisco, Markov, Meijer, Ribeiro, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Turco

    PPE-DE: Deva, Florenz, Korhola, Matikainen-Kallström, Schierhuber, Wijkman

    PSE: van den Berg, Berger, Bösch, van den Burg, Carraro, Carrilho, Ceyhun, Corbey, Dehousse, De Keyser, Dhaene, Duin, El Khadraoui, Ettl, Fava, Gebhardt, Goebbels, Görlach, Haug, van Hulten, Imbeni, Izquierdo Rojo, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lange, Leinen, Mendiluce Pereiro, Moraes, Müller, Napoletano, Paciotti, Piecyk, Pittella, Prets, Randzio-Plath, Rothe, Ruffolo, Sacconi, Sakellariou, dos Santos, Scheele, Schulz, Soares, Swiebel, Swoboda, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zrihen

    UEN: Berlato, Bigliardo, Camre, Muscardini, Nobilia, Poli Bortone, Segni, Turchi

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

    Abstention: 39

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

    ELDR: André-Léonard, van den Bos, Vallvé, Van Hecke

    GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Boudjenah, Brie, Caudron, Jové Peres, Koulourianos, Modrow, Morgantini, Naïr, Patakis, Scarbonchi, Uca, Vinci, Wurtz

    NI: Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Martin Hans-Peter, Stirbois

    PPE-DE: Lisi, Marini, Suominen

    PSE: Gröner, Roth-Behrendt, Sousa Pinto

    Oostlander report A5-0095/2004

    Amendment 1

    For: 261

    EDD: Andersen, Bonde, van Dam, Sandbæk

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Martin Hans-Peter, Pannella, Turco

    PPE-DE: Atkins, Balfe, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Evans Jonathan, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Mantovani, Mauro, Nicholson, Perry, Provan, Purvis, Scallon, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

    PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Haug, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

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

    Against: 242

    EDD: Abitbol, Belder, Bernié, Blokland, Butel, Esclopé, Kuntz, Mathieu

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

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

    PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bremmer, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Andersson, Färm, Hedkvist Petersen, Karlsson, Pérez Royo, Sandberg-Fries, Theorin

    UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Pasqua, Poli Bortone, Queiró, Segni, Thomas-Mauro, Turchi

    Abstention: 7

    EDD: Booth, Farage, Saint-Josse, Titford

    GUE/NGL: Eriksson

    PSE: Dehousse, Hänsch

    Bastos report A5-0092/2004

    Amendment 8

    For: 241

    ELDR: Plooij-van Gorsel, Sanders-ten Holte

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Gorostiaga Atxalandabaso, Kronberger, Martin Hans-Peter, Pannella

    PPE-DE: Berend, von Boetticher, Gutiérrez-Cortines, Mombaur, Wijkman

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

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

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

    Against: 222

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

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

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, de La Perriere, Mennea, Souchet, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Bourlanges, Bowis, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    UEN: Andrews, Berlato, Bigliardo, Collins, Fitzsimons, Hyland, Muscardini, Poli Bortone, Segni, Turchi

    Abstention: 48

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

    NI: Bonino, Cappato, Dell'Alba, Dupuis, Turco

    PPE-DE: Atkins, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Provan, Purvis, Scallon, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

    PSE: Van Lancker

    Bastos report A5-0092/2004

    Paragraph 7

    For: 470

    EDD: Abitbol, Andersen, Bernié, Bonde, Booth, Butel, Esclopé, Farage, Kuntz, Mathieu, Sandbæk, Titford

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Berthu, Beysen, Borghezio, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Raschhofer, Souchet, Speroni

    PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

    UEN: Camre, Caullery, Marchiani, Nobilia, Pasqua, Queiró, Ribeiro e Castro, Thomas-Mauro

    Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Duthu, Echerer, Flautre, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

    Against: 20

    EDD: Belder, Blokland, van Dam

    NI: Garaud, Mennea

    PPE-DE: Arvidsson, Cederschiöld, Grönfeldt Bergman, Mantovani, Stenmarck, Wachtmeister

    UEN: Andrews, Berlato, Bigliardo, Collins, Fitzsimons, Hyland, Muscardini, Poli Bortone, Segni

    Abstention: 14

    EDD: Saint-Josse

    GUE/NGL: Patakis

    NI: Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Pannella, Stirbois, Turco

    PSE: Dehousse

    Bastos report A5-0092/2004

    Amendment 5

    For: 169

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vinci, Wurtz

    NI: Gorostiaga Atxalandabaso

    PPE-DE: McMillan-Scott

    PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, Díez González, Duhamel, Duin, Ettl, Evans Robert J.E., Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Hughes, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, Malliori, Mastorakis, Mendiluce Pereiro, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Souladakis, Stihler, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

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

    Against: 321

    EDD: Abitbol, Belder, Blokland, van Dam

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

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

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Andersson, Bowe, Carraro, Carrilho, De Keyser, Dhaene, El Khadraoui, Färm, Fava, Fruteau, Gillig, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, van Hulten, Hume, Krehl, Kreissl-Dörfler, Kuckelkorn, McNally, Mann Erika, Marinho, Martin David W., Martínez Martínez, Medina Ortega, Menéndez del Valle, Morgan, Müller, Paciotti, Poignant, Poos, Read, Rocard, Ruffolo, Sacconi, Sandberg-Fries, dos Santos, Savary, Soares, Sornosa Martínez, Sousa Pinto, Stockmann, Trentin, Tsatsos, Vattimo, Veltroni, Volcic, Zimeray, Zrihen

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

    Abstention: 21

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

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Martin Hans-Peter, Pannella, Turco

    PSE: Van Lancker

    UEN: Camre

    Bastos report A5-0092/2004

    Amendment 2

    For: 353

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

    ELDR: André-Léonard, Rutelli

    GUE/NGL: Herzog

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Díez González, Duhamel, Duin, Ettl, Evans Robert J.E., Fava, Fruteau, Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

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

    Against: 143

    EDD: Andersen, Bonde, Mathieu, Sandbæk

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer

    PPE-DE: Bremmer, Maat, Martens, Oomen-Ruijten, Thyssen, Wijkman

    PSE: Andersson, Dehousse, De Keyser, Dhaene, El Khadraoui, Färm, Gillig, Gröner, Guy-Quint, Junker, Lund, Marinho, Miguélez Ramos, Roure, Swiebel, Theorin, Van Lancker, Zimeray, Zrihen

    UEN: Camre

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

    Abstention: 13

    EDD: Bernié, Butel, Esclopé

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Martin Hans-Peter, Pannella, Turco

    PPE-DE: Matikainen-Kallström, Suominen

    Bastos report A5-0092/2004

    Resolution

    For: 424

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

    ELDR: Rutelli

    GUE/NGL: Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Uca, Vinci, Wurtz

    NI: Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Mennea, Raschhofer, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Camisón Asensio, Cardoso, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferri, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Karas, Kastler, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

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

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

    Against: 51

    EDD: Belder, Blokland, van Dam

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

    PPE-DE: Arvidsson, Cederschiöld, Fatuzzo, Grönfeldt Bergman, Stenmarck, Wachtmeister

    PSE: Swiebel

    Abstention: 37

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

    ELDR: André-Léonard

    GUE/NGL: Ainardi, Fiebiger, Krarup, Patakis, Sjöstedt

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

    PPE-DE: Callanan, Fiori, Jeggle, Keppelhoff-Wiechert, Lulling, Nicholson, Posselt, Radwan

    PSE: Dehousse, Gillig, Guy-Quint, Lund, Zimeray, Zrihen

    UEN: Camre

    Valenciano Martinez-Orozco report A5-0102/2004

    Resolution

    For: 311

    EDD: Andersen, Bonde, Sandbæk

    ELDR: André-Léonard, Boogerd-Quaak, Calò, Clegg, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Rousseaux, Sanders-ten Holte, Schmidt, Sterckx, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Wallis, Watson

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Mennea, Pannella, Raschhofer, Speroni, Turco

    PPE-DE: Atkins, Balfe, Bodrato, Bradbourn, Bushill-Matthews, Chichester, Cocilovo, Corrie, Deprez, Deva, Dover, Elles, Ferri, Gargani, Goodwill, Harbour, Inglewood, Jackson, Khanbhai, McMillan-Scott, Perry, Provan, Purvis, Scallon, Stevenson, van Velzen

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

    UEN: Berlato, Bigliardo, Camre, Collins, Fitzsimons, Hyland, Muscardini, Nobilia, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

    Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lucas, MacCormick, McKenna, Mayol i Raynal, Nogueira Román, Onesta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

    Against: 38

    EDD: Belder, Blokland, van Dam

    ELDR: Andreasen, Busk, Davies, Riis-Jørgensen, Sørensen

    NI: Berthu, de La Perriere, Souchet

    PPE-DE: Berend, von Boetticher, Ferber, Florenz, Foster, Goepel, Gomolka, Helmer, Jarzembowski, Klamt, Koch, Langen, Lechner, Mayer Xaver, Menrad, Nassauer, Oostlander, Posselt, Radwan, Redondo Jiménez, Sacrédeus, Schleicher, Schwaiger, Sommer, Wieland, Zimmerling, Zissener

    Abstention: 156

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

    GUE/NGL: Patakis

    NI: Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bourlanges, Bowis, Bremmer, Brok, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Evans Jonathan, Fatuzzo, Fernández Martín, Fiori, Flemming, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klaß, Knolle, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mombaur, Morillon, Musotto, Naranjo Escobar, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Pronk, Quisthoudt-Rowohl, Rack, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Stauner, Stenmarck, Stenzel, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Varela Suanzes-Carpegna, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà

    UEN: Andrews, Caullery, Marchiani, Pasqua, Thomas-Mauro

    Junker report A5-0055/2004

    Amendment 21

    For: 186

    EDD: Belder, Blokland, van Dam

    ELDR: Calò

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Atkins, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Hannan, Harbour, Heaton-Harris, Helmer, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sumberg, Tajani, Tannock, Theato, Trakatellis, Twinn, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Dehousse, Duin

    UEN: Andrews, Berlato, Bigliardo, Muscardini, Poli Bortone, Turchi

    Against: 305

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

    PPE-DE: Balfe, Decourrière, Matikainen-Kallström, Posselt, Schaffner, Smet, Sudre, Thyssen, de Veyrinas, Vlasto, Wijkman

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

    UEN: Camre, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Pasqua, Queiró, Ribeiro e Castro, Segni

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

    Abstention: 16

    EDD: Booth, Titford

    PPE-DE: Arvidsson, Cederschiöld, Descamps, Grönfeldt Bergman, Hermange, Lamassoure, Martin Hugues, Rack, Rübig, Scallon, Stenmarck, Suominen, Wachtmeister

    UEN: Thomas-Mauro

    Junker report A5-0055/2004

    Amendment 30

    For: 215

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

    ELDR: Calò

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hortefeux, Inglewood, Jackson, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Dehousse, Leinen, Soares

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

    Against: 285

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

    PPE-DE: Jarzembowski, Lamassoure, Matikainen-Kallström, Schaffner, de Veyrinas, Wachtmeister, Wijkman

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

    Abstention: 3

    PPE-DE: Suominen

    UEN: Caullery, Pasqua

    Junker report A5-0055/2004

    Amendment 20

    For: 207

    EDD: Abitbol, Andersen, Bonde, Kuntz, Sandbæk

    ELDR: Calò

    NI: Beysen, Borghezio, Hager, Ilgenfritz, Kronberger, Mennea, Raschhofer, Speroni

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    UEN: Berlato, Bigliardo, Caullery, Marchiani, Muscardini, Nobilia, Pasqua, Poli Bortone, Queiró, Segni, Thomas-Mauro, Turchi

    Against: 281

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Martin Hans-Peter, Pannella, Turco

    PPE-DE: Matikainen-Kallström

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

    UEN: Andrews, Collins, Hyland, Ribeiro e Castro

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

    Abstention: 18

    EDD: Booth, Titford

    NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, de La Perriere, Souchet, Stirbois

    PPE-DE: Lamassoure, Posselt, Rack, Rübig, Scallon, Suominen

    UEN: Camre

    Junker report A5-0055/2004

    Amendment 23

    For: 228

    EDD: Abitbol, Belder, Bernié, Blokland, Booth, Butel, van Dam, Esclopé, Kuntz

    ELDR: Calò

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

    Against: 277

    EDD: Andersen, Bonde, Mathieu, Sandbæk

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

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

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

    Abstention: 3

    EDD: Titford

    NI: Souchet

    PSE: Dehousse

    Junker report A5-0055/2004

    Amendment 8

    For: 210

    EDD: Belder, Blokland, van Dam, Kuntz

    NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Mennea, Souchet, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Miguélez Ramos

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

    Against: 283

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Martin Hans-Peter, Pannella, Turco

    PPE-DE: Martin Hugues, Matikainen-Kallström, Schaffner, Suominen, de Veyrinas, Vlasto, Wijkman

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Lavarra, Leinen, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

    Abstention: 11

    EDD: Booth, Titford

    ELDR: Calò

    NI: Borghezio, de La Perriere, Raschhofer, Speroni

    PPE-DE: Posselt, Rack, Rübig, Scallon

    Junker report A5-0055/2004

    Amendment 10

    For: 217

    EDD: Belder, Blokland, Butel, van Dam, Esclopé, Kuntz

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

    Against: 277

    EDD: Andersen, Bonde, Mathieu, Sandbæk

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

    PPE-DE: Matikainen-Kallström, Suominen, Wijkman

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

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

    Abstention: 11

    EDD: Abitbol, Bernié, Booth, Titford

    ELDR: Calò

    GUE/NGL: Patakis

    PPE-DE: Posselt, Rack, Radwan, Rübig, Scallon

    Junker report A5-0055/2004

    Amendment 12

    For: 210

    EDD: Belder, Blokland, van Dam, Kuntz

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Mennea, Souchet, Speroni, Stirbois

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

    Against: 284

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

    PPE-DE: Matikainen-Kallström, Schaffner, Suominen, de Veyrinas, Wijkman

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

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

    Abstention: 12

    EDD: Abitbol, Booth, Titford

    ELDR: Calò

    GUE/NGL: Patakis

    NI: de La Perriere

    PPE-DE: Martin Hugues, Posselt, Rack, Radwan, Rübig, Scallon

    Junker report A5-0055/2004

    Amendment 14

    For: 210

    EDD: Belder, Blokland, van Dam, Kuntz

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet

    PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Gillig

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

    Against: 286

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

    PPE-DE: Martin Hugues, Matikainen-Kallström, Schaffner, Suominen, de Veyrinas, Vlasto, Wijkman

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

    Abstention: 8

    EDD: Abitbol, Booth, Titford

    ELDR: Calò

    PPE-DE: Posselt, Rack, Rübig, Scallon

    Junker report A5-0055/2004

    Resolution

    For: 287

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

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

    GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vinci, Wurtz

    NI: Bonino, Cappato, Dell'Alba, Della Vedova, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

    PPE-DE: Arvidsson, Cederschiöld, Gargani, Grönfeldt Bergman, Jackson, Matikainen-Kallström, Nisticò, Schaffner, Stenmarck, Sumberg, Tannock, Wachtmeister, Wijkman

    PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

    Against: 196

    EDD: Belder, Blokland, van Dam, Kuntz

    ELDR: Calò

    NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Stirbois

    PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Coelho, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Helmer, Hermange, Hernández Mollar, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenzel, Stevenson, Sudre, Suominen, Tajani, Theato, Thyssen, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

    PSE: Marinho

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

    Abstention: 13

    EDD: Abitbol, Booth, Titford

    PPE-DE: Cornillet, De Sarnez, Dimitrakopoulos, Fernández Martín, Grosch, Maat, Oomen-Ruijten, Trakatellis, de Veyrinas, Vlasto


    TEXTS ADOPTED

     

    P5_TA(2004)0123

    Waste ***I

    European Parliament legislative resolution on the proposal for a European Parliament and Council directive on waste (codified version) (COM(2003) 731 — C5-0577/2003 — 2003/0283(COD))

    (Codecision procedure)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 731) (1),

    having regard to Articles 251(2) and 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0577/2003),

    having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

    having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0117/2004),

    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.

    P5_TA(2004)0124

    Extraction solvents used in the production of foodstuffs ***I

    European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (codified version) (COM(2003) 467 — C5-0364/2003 — 2003/0181(COD))

    (Codecision procedure)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 467) (1),

    having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0364/2003),

    having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

    having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0085/2004),

    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 the Commission.


    (1)  Not yet published in OJ.

    P5_TA(2004)0125

    Cargo shipping ***I

    European Parliament legislative resolution on the proposal for a European Parliament and Council decision concerning the activities of certain third countries in the field of cargo shipping (codified version) (COM(2003) 732 — C5-0578/2003 — 2003/0285(COD))

    (Codecision procedure)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 732) (1),

    having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0578/2003),

    having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

    having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0086/2004),

    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 the Commission.


    (1)  Not yet published in OJ.

    P5_TA(2004)0126

    Participation in pre-accession Community assistance programmes *

    European Parliament legislative resolution on the proposal for a Council regulation amending Council Regulations (EEC) No 3906/89, (EC) No 555/2000, (EC) No 2500/2001(EC), (EC) No 1268/1999 and (EC) No 1267/1999 in order to allow the Stabilisation and Association Process Countries to participate in tenders organised under the pre-accession Community assistance programmes (COM(2003) 793 — C5-0049/2004 — 2003/0306(CNS))

    (Consultation procedure)

    The European Parliament,

    having regard to the Commission proposal to the Council (COM (2003) 793) (1),

    having regard to Article 181a, paragraph 2 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0049/2004),

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

    having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0089/2004),

    1.

    Approves the Commission proposal;

    2.

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

    3.

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

    4.

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


    (1)  Not yet published in OJ.

    P5_TA(2004)0127

    Protection of the Community's financial interests ***I

    European Parliament legislative resolution on the proposal for a European Parliament and Council decision establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (COM(2003) 278 — C5-0312/2003 — 2003/0152(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 278) (1),

    having regard to the European Court of Auditors' Opinion No 8/2003 (2),

    having regard to Articles 251(2) and 280(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0312/2003),

    having regard to Article 112 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3),

    having regard to the declaration of 18 December 2003 by the European Parliament and the Council on the programmes adopted under codecision (4),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A5-0087/2004),

    1.

    Approves the Commission proposal as amended;

    2.

    Considers that the financial statement in the Commission proposal is compatible with the ceiling of headings 3 and 5 of the 2000-2006 financial perspective;

    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.

    Calls also, in keeping with the European Court of Auditors' opinion, for the objectives of the action programme, should it be renewed after 2006, to be more clearly defined and more effectively measurable in order to facilitate evaluation;

    5.

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


    (1)  Not yet published in OJ.

    (2)  OJ C 318, 30.12.2003, p. 5.

    (3)  OJ L 248, 16.9.2002, p. 1.

    (4)  P5_TA(2003)0588.

    P5_TC1-COD(2003)0152

    Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Decision No .../2004/EC on establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests

    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 280(4) thereof,

    Having regard to the proposal from the Commission,

    Having regard to the Opinion of the Court of Auditors (1),

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

    Whereas:

    (1)

    The Community and the Member States have set themselves the objective of countering fraud and any other illegal activities affecting the Community's financial interests. All available means must be deployed to attain that objective, whilst maintaining the current distribution and balance of responsibilities between the national and Community levels.

    (2)

    Activities with the purpose of providing better information, carrying out studies and providing training or technical and scientific assistance in the fight against fraud help significantly to protect the Community's financial interests.

    (3)

    Activities in this field should therefore be promoted and bodies engaged in this field should be supported by awarding operating grants. Experience has shown the value of providing support at Community level as compared with national promotional activities.

    (4)

    Support for bodies and activities was provided until 2003 by credits entered in lines A03600 and A03010 (Conferences, congresses and meetings in connection with the activities of the associations of European lawyers for the protection of the financial interests of the Community) and in line B5-910 (General measures to combat fraud) of the general budget of the European Union.

    (5)

    Article 112 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) lays down strict conditions for financial assistance for measures specified in a basic instrument which have already begun.

    (6)

    It is therefore necessary to adopt that basic instrument so that, by adopting this Decision establishing a structured, specific and multidisciplinary Community action programme for a substantial period, all existing support measures are rationalised and supplemented.

    (7)

    The programme should be opened up to all Member States and neighbouring countries in view of the importance of providing effective and equivalent protection for the Community's financial interests beyond the Member States alone.

    (8)

    The European Parliament, the Council and the Commission, when adopting Regulation (EC, Euratom) No 1605/2002, undertook to achieve the objective of ensuring that this basic act comes into force as from the financial year 2004.

    (9)

    The support measures should also take account of the particular characteristics of bodies involved in protecting the Community's financial interests.

    (10)

    This Decision lays down for the entire duration of the programme a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (4), for the budgetary authority during the annual budgetary procedure.

    (11)

    The Commission should present to the European Parliament and the Council an interim report by the European Anti-Fraud Office (OLAF) on the implementation of this programme and a final report on the attainment of the said programme's objectives.

    (12)

    This Decision complies with the principles of subsidiarity and proportionality.

    (13)

    This Decision is without prejudice to the grants awarded in the field of protection of the Community's financial interests on the basis of programmes concerning the law-enforcement aspect,

    HAVE DECIDED AS FOLLOWS:

    Article 1

    Objective of the programme

    1.   This Decision establishes a Community action programme to promote activities in the field of the protection of the financial interests of the Community. The programme shall be known as the ‘HERCULE‧ programme.

    2.   The purpose of the programme shall be to help protect the Community's financial interests by promoting activities and supporting bodies in accordance with the general criteria set out in the Annex and specified in detail in each annual grants programme. It shall take transnational and multidisciplinary aspects into account. It shall focus on aligning the substance of activities so as to guarantee effective and equivalent levels of protection on the basis of mutually agreed best practice while also respecting the distinct traditions of each Member State.

    Article 2

    Access to the programme

    1.   To qualify for a Community grant for an activity aimed at protecting the Community's financial interests, grant beneficiaries must comply with the provisions set out in the Annex. The activity must conform to the principles underlying Community activity in the field of the protection of the Community's financial interests and take account of the specific criteria laid down in the related calls for proposals, in accordance with the priorities set out in the annual grants programme detailing the general criteria set out in the Annex.

    2.   To qualify for a Community operating grant under the ongoing work programme of a body which pursues an objective of general European interest in the field of the protection of the Community's financial interests, the body concerned must satisfy the general criteria set out in the Annex.

    3.   Applications for operating grants must contain all necessary information, to enable the Commission to select beneficiaries, on:

    the type of body,

    the measures to protect the Community's financial interests,

    the likely cost of implementing the measures,

    all criteria set out in point 4 of the Annex.

    Article 3

    Participation by countries outside the Community

    In addition to beneficiaries and bodies located in the Member States, participation in the Community action programme shall be open to those located in:

    (a)

    acceding countries which signed the Accession Treaty on 16 April 2003;

    (b)

    the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;

    (c)

    Bulgaria and Romania, in accordance with the conditions laid down in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils;

    (d)

    Turkey, in accordance with Council Decision 2002/179/EC of 17 December 2001 concerning the conclusion of a Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes (5).

    Article 4

    Selection of beneficiaries

    1.   The programme covers one type of awarding procedure by means of a call for proposals for all beneficiaries.

    2.   The bodies to receive grants for activities shall be selected following a call for proposals, in accordance with the priorities set out in the annual grants programme, which details the general criteria referred to in the Annex. Grants awarded for an activity covered by the programme shall meet the general criteria set out in the Annex.

    3.   The bodies to receive operating grants shall be selected following a call for proposals. The award of an operating grant on the basis of a beneficiary's ongoing work programme shall meet the general criteria set out in the Annex. On the basis of the call for proposals, the Commission shall draw up a list of the beneficiaries and the amounts approved, in accordance with Article 116 of Regulation (EC, Euratom) No 1605/2002.

    Article 5

    Awarding of the grant

    1.   Financial assistance granted for activities may not cover all eligible expenditure. The amount of a grant for an activity awarded under the programme may not exceed the following rates:

    (a)

    50 % of eligible expenditure for technical support;

    (b)

    80 % of eligible expenditure for training measures, promoting exchanges of specialised staff and the holding of seminars and conferences, provided that the beneficiaries are those referred to in point 2, first indent of the Annex;

    (c)

    90 % of eligible expenditure for the holding of seminars and conferences, etc., provided that the beneficiaries are those referred to in point 2, second and third indents of the Annex.

    2.   The amount of an operating grant awarded under this programme may not exceed 70 % of the eligible expenditure of the body for the calendar year for which the grant is awarded.

    Pursuant to Article 113(2) of Regulation (EC, Euratom) No 1605/2002, where such operating grants are renewed, they shall be gradually decreased. If a grant is awarded to a body which received an operating grant the preceding year, the percentage of Community co-financing represented by the new grant shall be at least 10 percentage points lower than the Community co-financing percentage represented by the grant in the preceding year.

    Article 6

    Financial provisions

    1.   This programme shall start on 1 January 2004 and end on 31 December 2006.

    2.   The financial framework for the implementation of the programme for the period 2004 to 2006 shall be EUR 11 775 000.

    3.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

    Article 7

    Monitoring and evaluation

    The Commission shall present to the European Parliament and the Council:

    (a)

    by 30 June 2006 at the latest, a report by OLAF on the implementation of the programme and the appropriateness of continuing it;

    (b)

    by 31 December 2007 at the latest, a report by OLAF on the achievement of the objectives of the programme. The report, based on the results obtained by the beneficiaries, shall assess, in particular, their effectiveness in achieving the objectives defined in Article 1 and in the Annex.

    Article 8

    Entry into force

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

    Done at . . ., . . .

    For the European Parliament

    The President

    For the Council

    The President


    (1)  OJ C 318, 30.12.2003, p. 5.

    (2)  Opinion of the European Parliament of 9 March 2004.

    (3)  OJ L 248, 16.9.2002, p. 1. Corrigendum in OJ L 25, 30.1.2003, p. 43.

    (4)  OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).

    (5)  OJ L 61, 2.3.2002, p. 27.

    ANNEX

    1.   ACTIVITIES SUPPORTED

    The general objective laid down in Article 1 is to reinforce Community action to prevent fraud affecting the Community's financial interests and to combat such fraud by promoting actions in this field and the operation of bodies engaged in it.

    Activities of bodies which may help to reinforce and increase the effectiveness of Community action, in accordance with Article 2, include the following:

    organisation of seminars and conferences;

    promotion of scientific studies and discussions on Community policies in the field of the protection of the Community's financial interests;

    coordination of activities relating to the protection of the Community's financial interests;

    training and awareness;

    promoting exchanges of specialised staff;

    dissemination of scientific information on Community action;

    development and supply of specific IT tools;

    technical assistance;

    promoting and expanding the exchange of data.

    2.   CARRYING OUT THE ACTIVITIES SUPPORTED

    The activities carried out by bodies which may receive a Community grant under the programme come under the heading of actions aimed at strengthening Community measures to protect financial interests and pursue objectives of general European interest in this field or an objective which is part of the European Union's policy in this area.

    In accordance with Article 2 of the Decision, the following bodies shall have access to the programme:

    all national or regional administrations of a Member State or country outside the Community, as defined in Article 3, which promote the strengthening of the Community's action in the field of the protection of the Community's financial interests;

    all research and education institutes that have had legal personality for at least one year and are established and operating in a Member State or in a country outside the Community, as defined in Article 3, and that promote the strengthening of the Community's action in protecting its financial interests;

    all non-profit-making bodies that have had legal personality for at least one year and are legally established in a Member State or country outside the Community, as defined in Article 3, and that promote the strengthening of Community action to protect the Community's financial interests.

    An annual operating grant may be awarded to support implementation of such a body's ongoing programme of work.

    3.   SELECTION OF BENEFICIARIES

    Bodies entitled to receive a grant for the activity or an operating grant under point 2 will be selected on the basis of calls for proposals.

    4.   CHARACTERISTICS OF GRANT APPLICATIONS ON WHICH ASSESSMENT IS BASED

    Applications for grants for activities or, where appropriate, operating grants are assessed in the light of:

    consistency of the proposed activity in relation to the objectives of the programme;

    complementarity of the proposed activity with other assisted activities;

    feasibility of the proposed activity, i.e. the real possibility that it can be carried out using the proposed means;

    the cost-benefit ratio;

    the added utility of the proposed activity;

    size of public targeted by the proposed activity;

    transnational and multidisciplinary aspects of the activity;

    geographic scope of the proposed measure.

    5.   ELIGIBLE EXPENDITURE

    Pursuant to point 2, only the expenditure required for the successful implementation of the activity is taken into account when calculating the grant.

    Also eligible is expenditure in connection with the participation of representatives of the Balkan countries forming part of the stabilisation and association process for countries of south eastern Europe (1) and certain countries of the Commonwealth of Independent States (2).

    6.   CHECKS AND AUDITS

    6.1   The beneficiary of an operating grant must keep available for the Commission all the supporting documents, in particular the audited financial statement, regarding expenditure incurred during the grant year for a period of five years following the last payment. The beneficiary of a grant must ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.

    6.2   The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

    6.3   Commission staff and outside personnel authorised by the Commission have appropriate right of access to sites and premises where the action is carried out and to all the information, including information in electronic format, needed in order to conduct such audits.

    6.4   The Court of Auditors and OLAF must enjoy the same rights, especially of access, as the persons referred to in point 6.3.

    6.5   Furthermore, in order to protect the European Community's financial interests against fraud and other irregularities, the Commission carries out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (3). Where necessary, investigations must be conducted by the European Anti-Fraud Office (OLAF) and governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council (4).

    7.   MANAGEMENT OF THE PROGRAMME

    On the basis of a cost-effectiveness analysis, the Commission may employ experts and make use of any other form of technical and administrative assistance not involving public authority tasks outsourced under ad hoc service contracts. It may also finance studies and organise meetings of experts to facilitate the implementation of the programme, and take information, publication and dissemination measures directly linked to fulfilling the objectives of the programme.


    (1)  Former Yugoslav Republic of Macedonia, Albania, Serbia and Montenegro, Bosnia-Herzegovina and Croatia.

    (2)  Belarus, Moldavia, Russian Federation and Ukraine.

    (3)  OJ L 292, 15.11.1996, p. 2.

    (4)  OJ L 136, 31.5.1999, p. 1.

    P5_TA(2004)0128

    Draft Amending Budget No 1/2004 (Section III)

    European Parliament resolution on Draft Amending Budget No 1/2004 (Section III — Commission) for the financial year 2004 (06696/2004 — C5-0108/2004 — 2004/2009(BUD))

    The European Parliament,

    having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

    having regard to 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 particularly Articles 37 and 38 thereof,

    having regard to the general budget of the European Union for the financial year 2004, as finally adopted on 18 December 2003 (2),

    having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3),

    having regard to Article 28 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (4),

    having regard to the Declarations on the budget procedure 2004 (5) and on the EU-25 Budget (6) adopted at the budgetary conciliation meetings of 16 July 2003 and 24 November 2003 between the European Parliament and the Council,

    having regard to the Preliminary Draft Amending Budget No 1/2004 of the European Union for the financial year 2004, which the Commission presented on 3 February 2004 (SEC(2004) 105),

    having regard to the Draft Amending Budget No 1/2004, which the Council established on 26 February 2004 (06696/2004 — C5-0108/2004),

    having regard to Rule 92 of and Annex IV to its Rules of Procedure,

    having regard to the report of the Committee on Budgets (A5-0059/2004),

    A.

    whereas according to Article 28 of the Accession Treaty, the 2004 budget shall be adapted to take into account the accession of the new Member States through an amending budget that shall enter into effect on 1 May 2004,

    B.

    whereas in the budgetary conciliation meeting of 16 July 2003, the European Parliament, Council and Commission agreed that the amounts entered in budget documents for the current 15 Member States (EU-15) and those for the enlarged Union (EU-25) are both part of the budgetary procedure,

    C.

    whereas, in the Preliminary Draft Budget 2004, the Commission proposed EU-25 amounts while including for each budget line the proposed amount for EU-15,

    D.

    whereas, in the Draft Budget 2004, the Council formally entered amounts for EU-15, while agreeing politically on its first reading position on figures for EU-25,

    E.

    whereas, at first reading, it amended the Draft Budget 2004, resulting in precise figures for both EU-25 and EU-15,

    F.

    whereas, in the conciliation meeting on 24 November 2003, the two arms of the budgetary authority reached an agreement on amounts for EU-15 and EU-25,

    G.

    whereas it subsequently adopted the Budget 2004 containing figures for EU-15, while at the same time indicating figures for EU-10,

    H.

    whereas, in accordance with the political agreement, the Commission prepared a Preliminary Draft Amending Budget at the beginning of 2004 for the budgeting of the amounts for EU-25,

    1.

    Welcomes the fact that the Commission followed the European Parliament's and Council's invitation to present, early in 2004, a Preliminary Draft Amending Budget for the budgeting of the amounts for EU-25;

    2.

    Confirms that the figures presented in the Amending Budget No 1/2004 correspond to those which it adopted in the 2004 budgetary procedure;

    3.

    Expresses its satisfaction that the figures for 25 Member States as agreed upon by the two arms of the budgetary authority are thus retained;

    4.

    Notes that, with the adoption of Amending Budget No 1/2004, the principle of the unity of the budget, as enshrined in Article 4 of Council Regulation (EC, Euratom) No 1605/2002, will be re-established, and that, consequently, there will be only one budget for the future European Union of 25;

    5.

    Approves the Draft Amending Budget No 1/2004, unamended, and calls upon the Commission to publish the budget for EU-25 in the Official Journal of the European Union;

    6.

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


    (1)  OJ L 248, 16.9.2002.

    (2)  OJ L 53, 23.2.2004.

    (3)  OJ C 172, 18.6.1999, p.1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).

    (4)  OJ L 236, 23.9.2003, p. 33.

    (5)  Annex to its resolution of 23 October 2003 on the draft general budget of the European Union for the financial year 2004 — Section III: Commission, P5_TA(2003)0449.

    (6)  Annex to its resolution of 18 December 2003 on the draft general budget of the European Union for the financial year 2004, as modified by the Council, P5_TA(2003)0588.

    P5_TA(2004)0129

    Draft Amending Budget No 2/2004 (Section VIII(B))

    European Parliament resolution on Draft Amending Budget No 2/2004 for the financial year 2004 (Section VIII B — European Data Protection Supervisor) (06699/2004 — C5-0109/2004 — 2004/2010(BUD))

    The European Parliament,

    having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

    having regard to 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 in particular Articles 37 and 38 thereof,

    having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2),

    having regard to Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission of 1 July 2002 on the regulations and general conditions governing the performance of the European Data-protection Supervisor's duties (3),

    having regard to Decision 2004/55/EC of the European Parliament and of the Council of 22 December 2003 appointing the independent supervisory body provided for in Article 286 of the EC Treaty (European Data Protection Supervisor) (4),

    having regard to the general budget of the European Union for the financial year 2004, as finally adopted on 18 December 2003 (5),

    having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (6),

    having regard to the Preliminary Draft Amending Budget No 2/2004 of the European Union for the financial year 2004, which the Commission presented on 3 February 2004 (SEC(2004) 104),

    having regard to the Draft Amending Budget No 2/2004 of the European Union for the financial year 2004, which the Council established on 26 February 2004 (006699/2004 — C5—0109/2004),

    having regard to Rule 92 of and Annex IV to its Rules of Procedure,

    having regard to the report of the Committee on Budgets and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0073/2004),

    A.

    whereas the Commission may present preliminary draft amending budgets, if there are unavoidable, exceptional and unforeseen circumstances,

    B.

    whereas the nomination of the European Data Protection Supervisor and the Assistant Supervisor has already taken place,

    C.

    whereas the Amending Budget No 2/2004 of the European Union will provide the necessary budgetary appropriations for the European Data Protection Supervisor to begin his duties,

    D.

    whereas the Commission proposal is identical to the budget adopted in 2002 for Section VIII (B) in terms of expenditure and the establishment plan, and the modifications in terms of revenue are technical,

    1.

    Considers that the Draft Amending Budget No 2/2004, as established by the Council, provides sufficient appropriations for the European Data Protection Supervisor for the year 2004 for him to begin his duties;

    2.

    Requests the European Data Protection Supervisor to submit a report to the Budgetary Authority before 30 September 2004, with a view to Parliament's first reading of the 2005 budget, assessing the state of play as regards operational needs, the progress made in setting up the administrative structures and recruitment procedures, the co-operation agreement with the European Parliament, and financial and budgetary management;

    3.

    Considers that the Draft Amending Budget No 2/2004 is compatible with the ceiling fixed in heading 5 of the financial perspective without restricting other activities;

    4.

    Approves the Draft Amending Budget No 2/2004 unamended;

    5.

    Instructs its President to forward this resolution to the Council, the Commission and the European Data Protection Supervisor.


    (1)  OJ L 248, 16.9.2002.

    (2)  OJ L 8, 12.1.2001, p. 1.

    (3)  OJ L 183, 12.7.2002, p. 1.

    (4)  OJ L 12, 17.1.2004, p. 47.

    (5)  OJ L 53, 23.2.2004.

    (6)  OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).

    P5_TA(2004)0130

    Enlargement: adaptation of reference amounts for 6th Euratom framework programme *

    European Parliament legislative resolution on the proposal for a decision of the Council amending Decision No 2002/668/Euratom to adapt the financial reference amount in order to take account of the enlargement of the European Union (COM(2003) 778 — C5-0031/2004 — 2003/0298(CNS))

    (Consultation procedure)

    The European Parliament,

    having regard to the Commission proposal to the Council (COM(2003) 778) (1),

    having regard to Article 7 of the European Atomic Energy Community Treaty, pursuant to which the Council consulted Parliament (C5-0031/2004),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Budgets (A5-0069/2004),

    1.

    Considers the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

    2.

    Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

    3.

    Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

    4.

    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;

    5.

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


    (1)  Not yet published in OJ.

    (2)  OJ C 197, 12.7.2001, p. 354.

    P5_TA(2004)0131

    Enlargement: adaptation of reference amounts (Regulations) ***I

    European Parliament legislative resolution on a decision of the European Parliament and of the Council amending Regulations (EC) No 2236/95, (EC) No 1655/2000, (EC) No 1382/2003 and (EC) No [. . .]/2004 in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0652/2003 — 2003/0305(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1),

    having regard to Articles 251(2), 71(1), 80(2), 156, first subparagraph, and 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0652/2003),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Budgets(A5-0066/2004),

    1.

    Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

    2.

    Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

    3.

    Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

    4.

    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;

    5.

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


    (1)  Not yet published in OJ.

    (2)  OJ C 197, 12.7.2001, p. 354.

    P5_TA(2004)0132

    Enlargement: adaptation of reference amounts (Decisions I) ***I

    European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council amending amending Council Decision No 96/411/EC and Decisions Nos 276/1999/EC, 1719/1999/EC, 2850/2000/EC, 507/2001/EC, 2235/2002/EC, 2367/2002/EC, 253/2003/EC, 1230/2003/EC and [. . .]/2004/EC in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0651/2003 — 2003/0304(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1),

    having regard to Articles 251(2), 95, 153(2), 156, first subparagraph, 157(3), 175(1) and 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0651/2003),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Budgets (A5-0067/2004),

    1.

    Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

    2.

    Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

    3.

    Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

    4.

    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;

    5.

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


    (1)  Not yet published in OJ.

    (2)  OJ C 197, 12.7.2001, p. 354.

    P5_TA(2004)0133

    Enlargement: adaptation of reference amounts (Decisions II) ***I

    European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and 20/2004/EC (COM(2003) 777 — C5-0650/2003 — 2003/0303(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1),

    having regard to Articles 129, 137(2), 149, 150 and Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0650/2003),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Budgets (A5-0065/2004),

    1.

    Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

    2.

    Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

    3.

    Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

    4.

    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;

    5.

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


    (1)  Not yet published in OJ.

    (2)  OJ C 197, 12.7.2001, p. 354.

    P5_TA(2004)0134

    Convention on the suppression of illicit drug trafficking on the high seas *

    European Parliament legislative resolution on the initiative of the Kingdom of Spain with a view to adopting a Council Act establishing, in accordance with Article 34 of the Treaty on European Union, the Convention on the suppression by customs administrations of illicit drug trafficking on the high seas (5382/2002 — C5-0249/2003 — 2003/0816(CNS))

    (Consultation procedure)

    The European Parliament,

    having regard to the initiative of the Kingdom of Spain (5382/2002) (1),

    having regard to Articles 30(1)(a), 32 and 34(2)(d) of the EU Treaty,

    having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0249/2003),

    having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

    having regard to Rules 106, 67 and 63 of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0100/2004),

    1.

    Approves the initiative of the Kingdom of Spain 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;

    4.

    Calls on the Council to consult Parliament again if it intends to amend the initiative of the Kingdom of Spain substantially;

    5.

    Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of Spain.

    TEXT PROPOSED BY THE KINGDOM OF SPAIN

    AMENDEMENTS BY PARLIAMENT

    Amendment 1

    Title (Council Act)

    Council Act establishing in accordance with Article 34 of the Treaty on European Union, the Convention on the suppression by customs administrations of illicit drug trafficking on the high seas

    Council Act establishing in accordance with Articles 30(1)(a), 32 and 34 of the Treaty on European Union, the Convention on operational cooperation between the competent authorities of the Member States in relation to the prevention, detection, investigation and prosecution of criminal offences committed on the high seas

    Amendment 2

    Citation 1 (Council Act)

    Having regard to the Treaty on European Union, and in particular Article 34(2)(d) thereof,

    Having regard to the Treaty on European Union, and in particular Articles 30(1)(a), 32 and 34(2)(d) thereof,

    Amendment 3

    Recital 1 (Council act)

    Whereas, for the purposes of achieving the objectives of the European Union , Member States regard customs cooperation as a matter of common interest for the cooperation established in Title VI of the Treaty ,

    Whereas, for the purposes of achieving the objective of the European Union of maintaining and developing the Union as an area of freedom, security and justice, it is a matter of urgency and essential to step up cooperation between Member States in relation to the prevention, detection, investigation and combating of criminal offences committed on the high seas and to the prosecution of the natural and legal persons responsible ,

    Amendment 4

    Recital 1 (Convention)

    ACKNOWLEDGING the need to strengthen the commitments made in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967, and in the Convention on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997.

    ACKNOWLEDGING the need to strengthen the commitments made in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967, and in the Convention on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997 , and to establish operational cooperation between the competent law enforcement authorities of the Member States, including police, customs and other specialised services, aimed at combating crime committed on the high seas, on vessels flying the flag of a Member State or without nationality .

    Amendment 5

    Recital 2 (Convention)

    TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982, which provides inter alia for the right of hot pursuit, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988.

    TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982, Article 111 of which provides for the right of hot pursuit, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988 , with particular reference to Article 17 thereof .

    Amendment 6

    Recital 3 (Convention)

    CONSIDERING that the customs administrations are responsible within the customs territory of the Community, including its territorial sea and air space and especially at its points of entry and exit, for the prevention, investigation and prosecution of breaches not only of the Community customs rules but also of national laws, and in particular for combating smuggling, including the smuggling of narcotic drugs and psychotropic substances.

    deleted

    Amendment 7

    Recital 4 (Convention)

    CONSIDERING that occasionally in the fight against drug trafficking it is necessary and effective for the customs to take action outside Community customs territory, particularly on the high seas.

    CONSIDERING that occasionally in the fight against crime it is essential, necessary and effective for the competent authorities of the Member States to take action on the high seas.

    Amendment 8

    Recital 5 (Convention)

    CONSIDERING that the increase in trafficking in narcotic drugs and psychotropic substances at sea is a situation which seriously threatens the health and security of the citizens of the European Union.

    CONSIDERING that the increase in offences committed on the high seas on vessels flying the flag of a Member State of the European Union or without nationality is a situation which seriously threatens the health and security of the citizens of the European Union.

    Amendment 9

    Recital 6 (Convention)

    CONSIDERING that under the special forms of cooperation which have been established between Member States of the European Union both within the Member States themselves and in their respective territorial waters , officials of one Member State are empowered to take action in the territory of another Member State, without prior authorisation on occasion.

    CONSIDERING that under the special forms of cooperation which have been established between Member States of the European Union and which are provided for in particular in the Convention implementing the Schengen Agreement of 14 June 1985 (2), with reference to land borders, and the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (3), with reference to all types of borders, officials of one Member State are empowered to take action in the territory of another Member State, without prior authorisation on occasion.

    Amendment 10

    Recital 7 (Convention)

    CONVINCED that it is necessary to strengthen cooperation between the customs administrations in combating drug trafficking by giving vessels of the competent authorities of a Member State greater scope to take immediate action without prior authorisation against vessels from another Member State in emergencies, where currently it is not possible to take action without prior authorisation outside territorial waters,

    CONVINCED that it is necessary to strengthen cooperation between the competent authorities in combating crime on the high seas by giving vessels of the competent authorities of a Member State greater scope to take immediate action without prior authorisation against vessels from another Member State in emergencies, where currently it is not possible to take action without prior authorisation outside territorial waters,

    Amendment 11

    Article 1, point (a) (Convention)

    (a)

    ‘vessels‧ means any structure or floating craft operating on the high seas suitable for the carriage of goods and/or persons, including hovercraft, non-displacement craft and submersibles.

    (a)

    ‘vessels‧ means any type of ship, structure or floating craft operating on the high seas suitable for the carriage of goods and/or persons, including hovercraft, non-displacement craft and submersibles.

    Amendment 12

    Article 1, point (d) (Convention)

    (d)

    relevant offence‧ means the offences defined in Article 3.

    (d)

    ‘offence‧ means deliberate conduct or acts classified as criminal offences in the domestic law of the Member States or in European Union law, as set out in Article 3.

    Amendment 13

    Article 1, point (e), subparagraph 1 (Convention)

    (e)

    customs authorities‧ means the authorities responsible for implementing the customs rules and also the other authorities given the responsibility of implementing the provisions of this Convention.

    (e)

    competent authorities‧ means the authorities given the responsibility of implementing the provisions of this Convention , including the police, customs and other specialised law enforcement services of the Member States .

    Amendment 14

    Article 2 (Convention)

    The customs authorities of the Member States of the European Union shall cooperate to the fullest extent possible to suppress illicit trafficking in narcotic drugs and psychotropic substances by sea, in conformity with the International Law of the Sea.

    The purpose of this Convention is to promote, facilitate and establish operational cooperation and mutual assistance between the competent authorities of the Member States in relation to the prevention, detection, investigation and prosecution of the offences set out in Article 3, committed on the high seas on vessels flying the flag of a Member State or without nationality, in conformity with the International Law of the Sea and within the bounds of the powers assigned to them by national or international law.

    Amendment 15

    Article 3 (Convention)

    Each Member State shall adopt the measures necessary to classify as an offence in its national law, and penalise, offences on board vessels or by means of any other craft or floating medium not excluded from the scope of this Convention under Article 4 thereof, involving the possession for distribution, transport, transhipment, storage, sale, manufacture or processing of narcotic drugs or psychotropic substances as defined in the relevant international instruments .

    Each Member State shall adopt the legislative and other measures necessary to classify as a criminal offence in its national law, and penalise, deliberate offences committed on the high seas on board vessels or by means of any other craft or floating medium not excluded from the scope of this Convention under Article 4 thereof, flying the flag of any of the Member States or without nationality, as defined by the law of each Member State and if punishable in the State intending to prosecute the offence by a custodial sentence or a detention order for a maximum period of at least three years, as applicable to similar offences committed within the territory under its sovereignty, in respect of the following offences:

    (a)

    illicit trafficking in narcotic drugs and psychotropic substances;

    (b)

    illicit trafficking in substances listed in tables I and II of the United Nations Convention Against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances and intended for the illicit production of drugs (precursor substances);

    (c)

    illicit trafficking in weapons, components thereof, munitions and explosives;

    (d)

    illicit trafficking in cultural goods, including antiques and works of art;

    (e)

    illicit trafficking in hazardous and toxic waste;

    (f)

    illicit trafficking in nuclear materials and materials and equipment intended for the production of nuclear, biological and chemical weapons;

    (g)

    illicit cross-border trade in goods subject to taxation;

    (h)

    trafficking in human beings;

    (i)

    illicit trafficking in immigrants;

    (j)

    trafficking in stolen vehicles;

    (k)

    illicit trade in human organs and tissue or hormonal substances;

    (l)

    counterfeiting and piracy of products;

    (m)

    kidnapping, illegal restraint of persons and vessels and hostage-taking.

    Amendment 16

    Article 3a (new) (Convention)

     

    Article 3a

    Liability of legal persons

    1. Member States shall take the necessary measures to ensure that legal persons can be held liable for an offence as referred to in Article 3, where such offences are committed on the high seas on behalf of such persons by any person acting either individually or as part of an organ of the legal person, based on:

    (a)

    a power of representation of the legal person;

    (b)

    an authority to take decisions on behalf of the legal person;

    (c)

    an authority to exercise control within the legal person.

    2. Without prejudice to the cases provided for in paragraph 1, Member States shall take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made it possible for a person under its authority to commit an offence within the meaning of Article 3 on behalf of a legal person.

    3. Liability of a legal person under paragraphs 1 and 2 shall be without prejudice to criminal proceedings against natural persons who have perpetrated, instigated or been accessories to an offence within the meaning of Article 3.

    Amendment 17

    Article 4 (Convention)

    Warships and official non-commercial public service vessels shall be excluded from the scope of this Convention.

    Warships , naval reserve vessels and other vessels owned or operated by a State and vessels currently being used solely for official non-commercial public service purposes, when on the high seas, shall be excluded from the scope of this Convention.

    Amendment 18

    Article 4a (new) (Convention)

     

    Article 4a

    Competence

    1. Each Member State shall take the necessary measures to establish its competence with regard to offences pursuant to Article 3 committed on the high seas, where such offences are committed:

    (a)

    on board a vessel flying its flag;

    (b)

    on board a vessel by one of its nationals or a person normally resident within its territory, or on behalf of a legal person established within its territory;

    (c)

    on board a vessel without nationality or assimilated to a vessel without nationality;

    (d)

    on board a vessel flying the flag of another Member State;

    In the case referred to in (d), competence shall be exercised only where the intervening State has received the prior authorisation of the flag State or, in exceptional cases, without prior authorisation where the urgency of the situation makes this impossible, in which case the competent authorities shall be notified immediately.

    2. Nothing in this Convention shall entitle a Member State to exercise within the territory of another State jurisdiction or functions that the national law of that State exclusively confers on its own authorities.

    Amendment 19

    Article 5, paragraph 1 (Convention)

    1. Save as provided for in the Convention on mutual assistance and cooperation between customs administrations , Member States shall exercise sole jurisdiction in relation to offences committed in their territorial and national waters including situations where offences originated or are due to be completed in another Member State.

    1. Expect in the cases provided for in current national and international law , Member States shall exercise sole jurisdiction in relation to offences committed in their territorial and national waters including situations where offences originated or are due to be completed in another Member State.

    Amendment 20

    Article 6, paragraph 1 (Convention)

    1. Where there are good grounds to suspect that one of the offences referred to in Article 3 has been committed, each Member State shall allow the other Member States a right of representation, which shall give legitimacy to action taken by ships or aircraft belonging to their respective customs administrations against vessels from another Member State.

    1. Where there are good grounds to suspect that one of the offences referred to in Article 3 has been committed, each Member State shall allow the other Member States a right of representation, which shall give legitimacy to action taken on the high seas by ships or aircraft belonging to their respective competent authorities against vessels from another Member State.

    Amendment 21

    Article 6, paragraph 2 (Convention)

    2. In exercising the right of representation referred to in paragraph 1, official ships or aircraft may give pursuit, stop and board the vessel, examine documents, identify and question the persons on board and inspect the vessel and, should their suspicions be confirmed, seize the drugs , detain the persons alleged to be responsible and escort the vessel to the nearest or most suitable port where it shall be detained prior to being returned, informing beforehand if possible or immediately afterwards the State whose flag was being flown by the vessel.

    2. In exercising the right of representation referred to in paragraph 1, official ships or aircraft of a Member State that are duly authorised to carry out such tasks may give pursuit, stop and board the vessel, examine documents, identify and question the persons on board and inspect the vessel and its cargo and , should their suspicions be confirmed, seize the corpus delicti and take and assemble evidence , detain the persons alleged to be responsible and escort the vessel to the nearest or most suitable port where it shall be detained prior to being returned, informing beforehand if possible or immediately afterwards the State whose flag was being flown by the vessel , to which they shall immediately forward a summary of the evidence of all the offences detected. The flag Member State shall immediately issue a receipt for such evidence .

    Amendment 22

    Article 6, paragraph 3 (Convention)

    3. This right shall be exercised in accordance with the general provisions of international law.

    3. This right shall be exercised in accordance with the general provisions of international law , European Union law in this area and the provisions of this Convention .

    Amendment 23

    Article 7, paragraph 1 (Convention)

    1. Where action has been taken pursuant to Article 6, due account shall be taken of the need not to endanger the safety of life at sea or the security of the vessel and cargo, or to prejudice the commercial and legal interests of the flag State or the commercial interests of third parties.

    1. Where action has been taken pursuant to Article 6, in all relevant cases the intervening State shall take due account of the need not to endanger the safety of life at sea or the security of the vessel and cargo, or to prejudice the commercial and legal interests of the flag State or the commercial interests of third parties.

    Amendment 24

    Article 7, paragraph 2 (Convention)

    2. In any case, should the action have been taken without adequate grounds for carrying out the operation , the Member State which carried it out shall be held responsible for damage and losses incurred unless the action was taken at the request of the flag State .

    2. Where the action has been taken in a manner that cannot be justified under this Convention , the Member State which carried it out shall be held responsible for damage and losses incurred.

    Amendment 25

    Article 7, paragraph 2a (new) (Convention)

     

    2a. The intervening State shall make good any loss, injury or damage incurred by the natural or legal persons as a result of negligence or mistakes attributable to it during the course of the action taken.

    Abänderung 26

    Article 7, paragraph 3 (Convention)

    3. A vessel's period of detention shall be reduced to the absolute minimum and the vessel returned to the flag State or given the right to free passage as soon as possible.

    3. A vessel's period of detention shall be reduced to the absolute minimum required in order to complete the investigations into the offence in question, and the vessel shall be returned to the flag State or given the right to free passage as soon as possible.

    Amendment 27

    Article 7, paragraph 4 (Convention)

    4. Persons detained shall be guaranteed the same rights as those enjoyed by nationals, especially the right to have an interpreter and be assisted by a lawyer .

    4. Persons detained shall be guaranteed the same rights as those enjoyed by nationals of the State exercising its relevant jurisdiction , especially the right to a fair trial within the meaning of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union .

    Amendment 28

    Article 7, paragraph 5 (Convention)

    5. The period of detention shall be subject to supervision by the courts and to the time limits laid down by the law of the intervening Member State.

    5. The period of detention shall be subject to supervision by the courts and to the time limits laid down by the law of the intervening Member State. Persons not suspected of having committed an offence shall be released immediately and items that may not be used as evidence shall be returned.

    Amendment 29

    Article 8, title (Convention)

    Surrender of jurisdiction

    Provisions governing the exercise of competence

    Amendment 30

    Article 8, paragraph 1 (Convention)

    1. Each Member State shall have preferential jurisdiction over its vessels but may surrender it in favour of the intervening State.

    1. Each Member State shall have preferential jurisdiction over vessels flying its flag but may surrender it in favour of the intervening State.

    Amendment 31

    Article 8, paragraph 2 (Convention)

    2. Before taking initial proceedings, the intervening State shall forward to the flag State by fax if possible or other means a summary of the evidence assembled pertaining to all the relevant offences committed, to which the flag State shall respond within one month stating whether it will exercise its jurisdiction or surrender it and possibly asking for further information should it deem it necessary.

    2. Before taking initial proceedings, the intervening State shall forward to the flag State by fax if possible or other means a summary of the evidence assembled pertaining to all the relevant offences committed, to which the flag State shall respond within one month stating whether it will exercise its preferential jurisdiction or surrender it and possibly asking for further information should it deem it necessary.

    Amendment 32

    Article 8, paragraph 3 (Convention)

    3. If the time limit referred to in paragraph 2 has lapsed without any decision being notified, the flag Member State shall be deemed to have surrendered its jurisdiction.

    3. If the time limit referred to in paragraph 2 has lapsed without any decision being notified, the flag Member State shall be deemed to have surrendered its preferential jurisdiction.

    Amendment 33

    Article 8, paragraph 4 (Convention)

    4. If the State whose flag is being flown by the vessel surrenders its preferential jurisdiction, it shall send the other Member State the information and documents in its possession. Should it decide to exercise its jurisdiction, the other State shall transfer to the preferential State the documents and evidence it has assembled, the corpus delicti and the persons detained.

    4. If the State whose flag is being flown by the vessel surrenders its preferential jurisdiction, it shall send the intervening Member State the information and documents in its possession. Should the flag State decide to exercise its preferential jurisdiction, the intervening State shall transfer to it the documents and evidence it has assembled, the corpus delicti and the persons detained.

    Amendment 34

    Article 8, paragraph 6 (Convention)

    6. Surrender of detained persons shall not be subject to formal extradition proceedings; an order for detention of the person concerned or an equivalent document shall suffice, provided that the fundamental principles of each Party's legal system are observed. The Intervening State shall certify the length of time spent in detention.

    6. Surrender of detained persons shall not be subject to formal extradition proceedings; the original or a certified copy of an order for detention of the person concerned or an equivalent document issued by a judicial authority of the flag State, including in cases where such action is taken in accordance with the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States  (4), shall suffice, provided that the fundamental principles of each Party's legal system are observed. The Intervening State shall certify the length of time spent in detention.

    Amendment 35

    Article 8, paragraph 8 (Convention)

    8. Without prejudice to the general powers of Member States' Ministries of Foreign Affairs, any communication provided for in this Convention shall, as a rule, pass through their Ministries of Justice.

    8. Each Member State shall appoint a central authority, coming under the Ministry of Justice, which shall be responsible for sending, receiving and notifying any communication provided for in this Convention and which shall remain operational twenty-four hours a day throughout the year.

    Amendment 36

    Article 9, paragraph 1 (Convention)

    1. Member States agree to settle disputes between them on the interpretation or application of this Convention, including those concerning damages, by direct negotiation between the respective Ministries of Justice and Foreign Affairs.

    deleted

    Amendment 37

    Article 9, paragraph 2 (Convention)

    2. Where agreement cannot be reached using the arrangement in paragraph 1, the Court of Justice of the European Communities shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application of this Convention, whenever such dispute cannot be settled by the Council within six months of its being referred to the Council by one of its members.

    2. The Court of Justice of the European Communities shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application of this Convention, whenever such dispute cannot be settled by the Council within six months of its being referred to the Council by one of its members.

    Amendment 38

    Article 9, paragraph 2a (new) (Convention)

     

    2a. The Court of Justice of the European Communities shall have jurisdiction to rule on any dispute between Member States and the Commission regarding the interpretation or the application of this Convention.

    Amendment 39

    Article 9, paragraph 3 (Convention)

    3. The Court of Justice of the European Communities shall have jurisdiction, subject to the conditions laid down in paragraphs 4 to 7, to give preliminary rulings on the interpretation of this Convention.

    3. The Court of Justice of the European Communities shall have jurisdiction, subject to the conditions laid down in paragraphs 4 to 7, to give preliminary rulings on the interpretation of this Convention and on the validity and interpretation of the measures implementing it .

    Amendment 40

    Article 10, paragraph 1 (Convention)

    1. This Convention shall be subject to adoption by the Member States in accordance with their respective constitutional requirements.

    1. This Convention shall be open for adoption by the Member States in accordance with their respective constitutional requirements.

    Amendment 41

    Article 10, paragraph 2 (Convention)

    2. Member States shall notify the depositary of the completion of the constitutional procedures for the adoption of this Convention.

    2. Member States shall notify the Secretary-General of the Council of the completion of the constitutional procedures for the adoption of this Convention.

    Amendment 42

    Article 10, paragraph 3 (Convention)

    3. This Convention shall enter into force ninety days after the notification referred to in paragraph 2 by the State , Member of the European Union at the time of adoption by the Council of the Act drawing up this Convention, which is last to complete that formality.

    3. This Convention shall enter into force for those Member States that have adopted it ninety days after the date of the notification referred to in paragraph 2 by the Member State of the European Union whose completion of that formality means that at least half of the Member States have adopted the Convention .


    (1)  OJ C 45, 19.2.2002, p. 8.

    (2)   OJ L 239, 22.9.2000, p. 19.

    (3)   OJ C 24, 23.1.1998, p. 2.

    (4)   OJ L 190, 18.7.2002, p. 1.

    P5_TA(2004)0135

    Short-term residence permits for victims of trafficking *

    European Parliament legislative resolution on the proposal for a Council Directive on the residence permit issued to third-country nationals victims of trafficking in human beings or to thirdcountry nationals who have been the subjects of an action to facilitate illegal immigration who co-operate with the competent authorities (14432/2003— C5-0557/2003 — 2002/0043(CNS))

    (Consultation procedure — renewed consultation)

    The European Parliament,

    having regard to the Council draft (14432/2003) (1),

    having regard to the Commission proposal to the Council (COM(2002) 71) (2),

    having regard to its position of 5 December 2002 (3),

    having been reconsulted by the Council pursuant to Article 67 of the EC Treaty (C5-0557/2003),

    having regard to Rules 67 and 71(3) of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Women's Rights and Equal Opportunities (A5-0099/2004),

    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.

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

    TEXT PROPOSED BY THE COUNCIL

    AMENDEMENTS BY PARLIAMENT

    Amendment 1

    Recital 1 (new)

     

    (1) The European Union, in view of enlargement and its cultural affinities with its new neighbours, has an important responsibility to fight trafficking in human beings and to provide help to victims of action to facilitate illegal immigration.

    Amendment 2

    Recital 2 (new)

     

    (2) Trafficking in human beings is a grave violation of human rights and should be combated actively.

    Amendment 3

    Recital 3 (new)

     

    (3) With a view to the protection of third-country nationals who are victims of trafficking, Member States should conduct an assessment of the risks such persons run whether they choose to return to their country of origin or not.

    Amendment 4

    Recital 4 (new)

     

    (4) With a view to enabling victims to regain their independence and ensuring that they do not re-establish contact with the criminal network responsible for their plight, Member States may couple the issue of such a residence permit with participation by the victims in programmes to foster their integration into society or to prepare them for a return to their home country.

    Amendment 5

    Recital 5 (new)

     

    (5) The Council, the Commission and the European Parliament consider the Brussels Declaration on Preventing and Combating Trafficking in Human Beings as the primary reference text for the further development of anti-trafficking policy at European level. This Directive falls within the scope and is in line with the ambitions of that document.

    Amendment 6

    Article 4

     

    This Directive shall be without prejudice to the protection extended to refugees, to beneficiaries of subsidiary protection and persons seeking international protection under international refugee law and without prejudice to other human rights instruments, such as the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

    Amendment 7

    Article 6

    This directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive.

    This Directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive , including minors who have fallen victim to trafficking in human beings or to actions to facilitate illegal immigration.

    Amendment 8

    Article 7, paragraph 1

    When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform him/her of the possibilities offered under this Directive.

    When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform him/her of the possibilities offered under this Directive in a language which he/she understands .

    Amendment 9

    Article 8, paragraph 1, subparagraph 2

    The duration and starting point of the period referred to in the first sub-paragraph shall be determined according to national law.

    The duration of this period shall be 30 days from the time when the third-country national breaks off all relations with those suspected of committing the offences referred to in Article 2(b) and (c).

    Amendment 10

    Article 8, paragraph 2a (new)

     

    2a. The reflection period shall be extended in exceptional cases such as physical or psychological distress or for reasons relating to the safety of third parties.

    Amendment 11

    Article 9, paragraph 1

    1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. They shall attend to the special needs of the most vulnerable, including, where appropriate and if provided by national law , psychological assistance.

    1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. They shall attend to the special needs of the most vulnerable, such as pregnant women, disabled persons, victims of rape or other forms of violence and, insofar as Member States make use of the possibility provided for in Article 3(3), minors, including, where appropriate, psychological assistance.

    Amendment 12

    Article 9, paragraph 3, subparagraph 2

    Member States may provide the third-country nationals concerned with free legal aid, if established and under the conditions set by national law.

    Member States shall provide the third-country nationals concerned with free legal aid, under the conditions set by national law.

    Amendment 13

    Article 9, paragraph 3, subparagraph 2a (new)

     

    Member States shall ensure the effective availability of the third-country national to cooperate with the competent authorities for the duration of the residence permit.

    Amendment 14

    Article 10, paragraph 2a (new)

     

    2a. When issuing a residence permit, Member States shall consider issuing family members accompanying the victim a residence permit for the same limited period.

    Amendment 15

    Article 10, paragraph 2b (new)

     

    2b. The fact that a third-country national does not have identity papers or is in possession of false papers shall not preclude the issuing and renewal of a residence permit.

    Amendment 16

    Article 12, paragraph 1, subparagraph 1

    1. Member States shall define the rules under which holders of the residence permit shall be authorised to have access to the labour market, to vocational training and education.

    1. Member States shall define the rules under which holders of the residence permit shall be authorised to have access to the labour market, to vocational and language training and education.

    Amendment 17

    Article 13a (new)

     

    Article 13a

    Judicial proceedings

    Member States shall protect the privacy and identity of persons who take part in judicial proceedings and shall guarantee, in particular, that such proceedings are not held in public.

    Amendment 18

    Article 14, point (ca) (new)

     

    (ca)

    In addition, Member States shall ensure that unaccompanied minors are accommodated on the basis of arrangements in the following order of preference:

    with adult relatives;

    with a foster family;

    in institutions which specialise in accommodating minors;

    in other forms of accommodation suitable for minors.

    Amendment 19

    Article 16, paragraph 1

    1. The residence permit issued on the basis of this Directive shall not be renewed if the conditions of Article 10(2) cease to be satisfied or if a decision adopted by the competent authorities has terminated the relevant proceedings.

    1. The residence permit issued on the basis of this Directive shall not be renewed in the following cases :

    (a)

    where it is no longer necessary for the purpose of the investigation or of the judicial proceedings to prolong the stay of the third-country national concerned, or

    (b)

    where a decision of the competent authorities concludes the proceedings.

    Amendment 20

    Article 16, paragraph 2

    2. When the residence permit issued on the basis of this Directive expires ordinary aliens law shall apply.

    2. When the residence permit issued on the basis of this Directive expires ordinary aliens law shall apply. If the thirdcountry national concerned submits an application for another type of residence permit, and without prejudice to the relevant rules of ordinary aliens law, Member States shall take into account their cooperation when considering their application.

    Amendment 21

    Article 17, points (a) to (e)

    (a)

    if the holder has actively, voluntarily and in his/her own initiative renewed contacts with those suspected of committing the offences in question, or

    (a)

    for reasons relating to the protection of public policy and public security, or

    (b)

    if the competent authority believes that the victim's cooperation or complaint is fraudulent or wrongful, or

    (b)

    when the victim ceases to cooperate, or

    (c)

    for reasons relating to public policy and to the protection of national security, or

    (c)

    if the holder has renewed contacts with those suspected of committing the offences in question, or

    (d)

    when the victim ceases to cooperate;

    (d)

    if the competent authority believes that the victim's cooperation or complaint is fraudulent or wrongful.

    (e)

    when the competent authorities decide to dismiss the case.

     

    Amendment 22

    Article 17, paragraph 1a (new)

     

    Should they decide not to renew or to withdraw a thirdcountry national's residence permit, the competent authorities shall assess the risks to that person's safety regardless of whether or not he or she intends voluntarily to return.

    Amendment 23

    Article 17, paragraph 1b (new)

     

    A decision taken by the competent authorities not to renew a third-country national's residence permit or to withdraw it may be the subject of an appeal to a court.


    (1)  Not yet published in OJ.

    (2)  OJ C 126 E, 28.5.2002, p. 393.

    (3)  OJ C 27 E, 30.1.2004, p. 140.

    P5_TA(2004)0136

    Europol: staff regulations, salaries and allowances *

    European Parliament legislative resolution on the initiative of Ireland with a view to adopting a Council Act amending Europol's staff regulations (5435/2004 — C5-0057/2004 — 2004/0804(CNS))

    (Consultation procedure)

    The European Parliament,

    having regard to the initiative of Ireland (5435/2004) (1),

    having regard to the Convention on the establishment of a European Police Office (Europol Convention) (2) and, in particular, Article 30(3) thereof,

    having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0057/2004),

    having regard to Rules 67 and 61(4) of its Rules of Procedure,

    having regard to the report by the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0108/2004),

    1.

    Rejects the initiative of Ireland;

    2.

    Calls on Ireland to withdraw its initiative;

    3.

    Instructs its President to forward its position to the Council and Commission and to the Government of Ireland.


    (1)  Not yet published in OJ.

    (2)  OJ C 316, 27.11.1995, p. 2.

    P5_TA(2004)0137

    Europol: staff regulations, salaries and allowances *

    European Parliament legislative resolution on the initiative of Ireland with a view to adopting a Council Decision adjusting the basic salaries and allowances applicable to Europol staff (5436/2004 — C5-0058/2004 — 2004/0805(CNS))

    (Consultation procedure)

    The European Parliament,

    having regard to the initiative of Ireland (5436/2004) (1),

    having regard to the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (2) and, in particular, Article 44 thereof,

    having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0058/2004),

    having regard to Rules 67 and 61(4) of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0108/2004),

    1.

    Rejects the initiative of Ireland;

    2.

    Calls on Ireland to withdraw its initiative;

    3.

    Instructs its President to forward its position to the Council and Commission and to the Government of Ireland.


    (1)  Not yet published in OJ.

    (2)  OJ C 26, 30.1.1999, p. 23.

    P5_TA(2004)0138

    Europol: staff regulations, salaries and allowances *

    European Parliament legislative resolution on the initiative of Ireland with a view to adopting a Council Decision adjusting the basic salaries and allowances applicable to Europol staff (5438/2004 — C5-0059/2004 — 2004/0806(CNS))

    (Consultation procedure)

    The European Parliament,

    having regard to the initiative of Ireland (5438/2004) (1),

    having regard to Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (2) and, in particular, Article 44 thereof,

    having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0059/2004),

    having regard to Rules 67 and 61(4) of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0108/2004),

    1.

    Rejects the initiative of Ireland;

    2.

    Calls on Ireland to withdraw its initiative;

    3.

    Instructs its President to forward its position to the Council and Commission and to the Government of Ireland.


    (1)  Not yet published in OJ.

    (2)  OJ C 26, 30.1.1999, p. 23.

    P5_TA(2004)0139

    Monitoring the application of Community law

    Motion for a European Parliament resolution on the Commission Communication on better monitoring of the application of Community law (COM(2002) 725 — C5-0008/2003 — 2003/2008(INI))

    The European Parliament,

    having regard to the Commission Communication (COM(2002) 725) — C5-0008/2003),

    having regard to the Commission's twentieth annual report on monitoring the application of Community law (2002) (COM(2003) 669),

    having regard to the Commission staff working paper (SEC(2003) 804),

    having regard to Rules 47(2) and 163 of its Rules of Procedure,

    having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0109/2004),

    A.

    whereas the Commission's practice of annually reporting to Parliament about the application of Community law has been established for over twenty years,

    B.

    whereas this series of reports makes it possible, over the long run, to judge how far the Community has genuinely committed itself to upholding the rule of law, both through the conduct of the Commission as guardian of the Treaties and through the conduct of the Member States as their ultimate masters,

    C.

    whereas, in particular, these reports depict both the quality of Member States' performance in transposing directives, and their degree of commitment to the loyal fulfilment of their resultant Community obligations,

    D.

    whereas the correct monitoring of these actions requires the following:

    qualitative judgements concerning the practices adopted in actually applying the law, and

    quantitative reporting on the number of directives whose transposition or effective implementation is delayed by reference to established deadlines or whose transposition is otherwise deficient,

    E.

    whereas much of the Commission's activity in securing the implementation of Community law originates from complaints that citizens make to the Commission about what they consider to be infringements,

    F.

    whereas the annual average number of complaints lodged by citizens has increased from 536 in 1983-89 to 1 346 in 1999-2002,

    G.

    whereas over the whole period, the primary areas of citizen complaint have been: the single market (36 % 1990-98, 27 % 1999-2002); the environment (31 % 1990-98, 40 % 1999-2002); and agriculture (14 % 1990-98, 4 % 1999-2002); environmental concerns are thus becoming predominant among activist citizens,

    H.

    whereas the increase in the number of complaints illustrates the vital role that activist citizens play in the application of Community law,

    I.

    whereas in its resolution of 3 June 2003 on the Commission's eighteenth and nineteenth annual reports about the implementation of Community law (1), Parliament called on the Commission to keep complainants fully informed of the progress of their complaints and to copy to complainants all correspondence exchanged between the Commission and Member States in pursuance of their complaint,

    J.

    whereas it appears that the Commission generally maintains a satisfactory degree of vigilance in upholding the rule of law in respect of the matters covered in the twentieth report and its predecessors; whereas these reports constitute in themselves an essential tool for Parliament to play its role in scrutinising the performance of the executive,

    K.

    whereas the number of preliminary references is a result of the quality of Community legislation,

    L.

    whereas failure by the Community legislature to produce legislation of good quality can itself be detrimental to the correct understanding and application of Community law, hence faithful observance of the inter institutional agreement of 16 December 2003 on Better law-making (2) will be of great importance and should be tracked in future annual reports,

    M.

    whereas Member States regularly fail to fulfil, or at least to fulfil expeditiously, some of the obligations that their Governments freely undertake as participants in the legislative process of the Community, and sometimes show a cynical disregard for their manifest obligations by deferring compliance until the latest possible stage in an enforcement action, or by disregarding legal obligations (e.g. those under the Stability and Growth Pact) so as to bring about de facto legal change,

    N.

    whereas the Community institutions have a duty to ensure that the citizens of Europe can fully exercise their rights in the Union, in particular as regards access to justice and the implementation of rights that have been judicially declared and upheld after due process of law,

    O.

    whereas the Commission has to undertake some responsibility for assisting Member State authorities to achieve a timely transposition and efficient implementation at regional and local as well as at central state level,

    P.

    whereas the Commission has developed its SOLVIT system for solving certain politically uncontroversial problems of individual application of Community law through a network of administrative agencies of Member States; whereas this system is available to MEPs and their assistants,

    1.

    Welcomes the improvements in monitoring suggested by the Commission in its Communication;

    2.

    Welcomes the Commission's commitments in response to recommendations by the Ombudsman about the Commission's relations with complainants (COM (2002) 141 final), but regrets that they fall short of keeping complainants fully informed of the progress of their complaints and copying to complainants all correspondence exchanged between the Commission and Member States in pursuance of their complaint;

    3.

    Welcomes the Commission's resolve, stated in the aforementioned working paper SEC (2003) 804, to ensure, especially in field of environmental law, that Community rules are ‘enforcement-friendly‧, that guidelines and interpretative texts are prepared in consultation with all stakeholders, that there is proactive contact with Member States (including, it is hoped, their relevant regional authorities), and that use is made of the informal EU network on implementing environmental law;

    4.

    Generally supports the Commission's efforts to solve problems of transposition proactively rather than reactively;

    5.

    Reiterates its desire to see enhanced cooperation between Members of the European Parliament and, including, where appropriate, regional or other local Members, to aid and increase effective scrutiny of European matters at national level; considers that parliaments at all levels play a valuable role in the monitoring of the application of Community law, thus helping to strengthen the democratic legitimacy of the Union and bring it closer to its citizens;

    6.

    Reiterates, therefore, its recommendation to the Commission to send its annual reports on the monitoring of the application of Community law to national parliaments for transmission, as may be appropriate, to the relevant internal parliaments;

    7.

    Deplores the fact that, notwithstanding the Commission's assiduous activity to ensure proper application of Community law, there remain glaring examples of drawn-out and pertinacious failures by Member States to comply with declared obligations, thereby undermining the ideal of the Union as a Community based on law;

    8.

    Welcomes the Commission's intention to give priority to infringement proceedings under Article 228 EC, and to reinforce the machinery at its disposal for performing its task of monitoring the implementation of Community law;

    9.

    Calls once again on the Commission to set short deadlines for the pre-litigation phase of the procedure for breach, which should be concluded by a predefined deadline, to be established from the outset;

    10.

    Recalls that petitions forwarded by individuals to the Commission, the Ombudsman and Parliament's relevant committees enable the European Union to assess the way in which Community law is being implemented at national and European level;

    11.

    Calls once again on the Commission to make every effort to shorten the relatively long delay in dealing with complaints or petitions and to find practical solutions to the problems submitted by deciding, upon receipt of the case, whether alternative methods, such as package meetings, SOLVIT or formal procedures are more appropriate;

    12.

    Reiterates its belief that close cooperation and monitoring arrangements between the Commission, the Council, the Ombudsman and Parliament's relevant committees are essential to ensure effective intervention in all cases where the petitioner has justifiably complained of an infringement of Community law;

    13.

    Strongly deplores the conduct of the Commission towards Parliament and, in particular, its competent committee in the case concerning Lloyd's of London, in relation to which there has been an obstinate refusal to communicate fully with Parliament on all questions it has raised;

    14.

    Reiterates, yet again, its request for the Commission to include in its future annual reports on the monitoring of the application of Community law a chapter devoted to the petitions forwarded to it by Parliament's competent committees;

    15.

    Reiterates its request that the Commission draw up a list of all the reports relating to the application of Community law, whether of a general or sectoral nature, by the national authorities of the European Economic Area Member States;

    16.

    Welcomes the steps the Commission has taken in monitoring the area of freedom, security and justice in accordance with the principles of Community law, and takes note of the contents of Section 2.15 of the Commission's twentieth annual report; however, in this context, reiterates its call for the Commission to produce, in future, a report on the application of European Union law which includes matters falling within the second and third pillar;

    17.

    Observes that the courts of some Member States virtually never request preliminary rulings pursuant to Article 234 of the Treaty, and repeats its call to the Commission to investigate the reasons for this and report thereon to Parliament;

    18.

    Notes with concern that the inadequate familiarity of members of national judiciaries and lawyers with Community law seriously hinders its full application;

    19.

    Welcomes initiatives to facilitate out-of-court settlement of disputes such as the European extra-judicial network and the Financial services complaints network; calls on the Commission to carefully monitor the progress of these bodies and report its results to the European Parliament as this process will constitute another helpful indicator of the application of Community rules and access to justice;

    20.

    In this connection, warmly welcomes the recent further development of the SOLVIT network; notes that generalised access for MEPs is now possible and that this should be made available on a systematic basis to all MEPs and their assistants; calls on the Commission and Member States to promote the network widely to potential users and to devote adequate resources thereto so as to ensure that it can deal with an increase in case flow;

    21.

    Encourages reflection on how the role of national and regional Ombudsmen in monitoring the application of Community law might be developed;

    22.

    Notes with concern that recent case law concerning individual applicants' right to institute proceedings before the Court of Justice fails to provide uniform interpretation and application of Community law, and regrets that even the Draft Constitution takes only timid steps towards improving the situation in this regard;

    23.

    Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice of the European Communities, the Ombudsman and the Parliaments of the Member States.


    (1)  P5_TA(2003)0231.

    (2)  OJ C 321, 31.12.2003, p. 1.

    P5_TA(2004)0140

    Biological and chemical agent attacks (health security)

    European Parliament recommendation to the Council on cooperation in the European Union on preparedness and response to biological and chemical agent attacks (health security) (2003/2187(INI))

    The European Parliament,

    having regard to the proposal for a recommendation to the Council by Anna Terrón i Cusí and Gerhard Schmid on behalf of the PSE Group on dealing with the possible threat of biological and chemical weapon attacks (B5-0407/2003),

    having regard to Rule 49(3) of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0097/2004),

    A.

    whereas the threat of terrorist attacks against Member States involving chemical and biological weapons is being discussed,

    B.

    whereas, in addition to early-warning systems in Member States, information exchange and sharing of laboratory capacities, it has also been suggested that vaccines, antibiotics, etc. be stockpiled at European level,

    C.

    whereas early-warning systems in Member States, information exchange and the sharing of laboratory capacities, as well as the stockpiling of vaccines, antibiotics, etc., could have a considerable impact on the budgets of the EU and the Member States and require targeted legislative measures,

    D.

    whereas budgetary and legal steps could be justified only on the basis of a clear risk analysis demonstrating a genuine probability of terrorist attacks in the EU involving biological and chemical weapons,

    E.

    whereas the necessary analyses clearly exceed the capabilities of the Commission,

    1.

    Addresses the following recommendations to the Council:

    (a)

    that it commission a realistic analysis of the threat posed, making use of European cooperation between national police forces and involving Europol and bearing in mind the results of cooperation between intelligence services in the fight against terrorism, in order to form the basis of a serious EU response,

    (b)

    that it communicate to Parliament in the appropriate form the general findings of this analysis that can, as such, be made public, so as to provide it with a rational basis for any relevant budgetary consultations,

    (c)

    that it initiate, in the light of the findings of the analysis, the necessary legislative steps to deal with biological and chemical weapons attacks;

    2.

    Instructs its President to forward this recommendation to the Council and, for information, to the Commission.

    P5_TA(2004)0141

    Data protection

    European Parliament resolution on the First Report on the implementation of the Data Protection Directive (95/46/EC) (COM(2003) 265 — C5-0375/2003 — 2003/2153(INI))

    The European Parliament,

    having regard to the First Report on the implementation of the Data Protection Directive (95/46/EC) (COM(2003) 265 — C5-0375/2003),

    having regard to the texts that in international law protect the right to privacy, and notably Article 12 of the Universal Declaration of Human Rights of 10 December 1948, Article 17 of the International Covenant on Civil and Political Rights of 16 December 1966, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1) of 4 November 1950, the Convention for the protection of individuals with regard to automatic processing of personal data (2) of 28 January 1981 and the recommendations adopted by the Council of Europe,

    having regard to Article 6 of the TEU (respect for human rights and fundamental freedoms in the EU) and Article 286 of the EC Treaty, as well as Articles 7 (respect for private and family life) and 8 (protection of personal data) of the Charter of Fundamental Rights of the European Union,

    having regard to the Community legislation which protects the right to privacy and to data protection, and notably European Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (4),

    having regard to other EU instruments concerning data protection in the field of the third pillar, and notably to the draft Greek Presidency working document on common rules for the protection of personal data within the framework of the third pillar, and having regard to the announcement made by Commissioner Vitorino that the Commission intended to propose a legal instrument on this issue in 2004 (5),

    having regard to the opinions of the working party on the protection of individuals with regard to the processing of personal data established by Article 29 of Directive 95/46/EC (the ‘Article 29 Working Party‧),

    having regard to the documents relating to the transfer of transatlantic passengers' personal data to the USA, with particular reference to: the opinions of the Article 29 Working Party, the Commission communications, the US Undertakings, the opinion of the Belgian Committee on the Protection of Privacy on complaints by some passengers, and the complaint lodged with the Commission regarding the violation of Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerized reservation systems (6),

    having regard to the Court of Justice judgment of 20 May 2003 in the Österreichscher Rundfunk and Others case (7),

    having regard to Rule 47(2) and Rule 163 of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Industry, External Trade, Research and Energy (A5-0104/2004),

    A.

    whereas the right to privacy is a fundamental human right, as set out in all the main legal instruments that guarantee citizens' freedoms and rights at international, European and national level,

    B.

    whereas the EU has developed a legal regime aimed at guaranteeing citizens' privacy through a high standard of data protection in areas covered by the first pillar,

    C.

    whereas, due to the current pillar structure of the EU, activities that fall within the remit of the second and third pillars are excluded from this legal regime and are partially subject to fragmented specific provisions; whereas the European Parliament is only partially consulted and informed and whereas the Court of Justice has limited powers in this area,

    D.

    whereas Directive 95/46/EC charges the Commission with reporting to the Council and the European Parliament on the implementation of the directive and with proposing, if necessary, suitable amendments,

    E.

    whereas, since the terrorist attacks of September 2001, measures aimed at increasing security by modifying privacy and data protection rights have been adopted or are planned at national, European and international level,

    F.

    whereas data transfers to third states and organisations are an area of concern, both because of disparities in the laws of the Member States, some of which are excessively permissive and other excessively rigid, and, above all, because the binding assessment of the adequacy of the protection provided by recipients for a fundamental right of European citizens comes within the remit of the executive body, the Commission, and not that of Parliament,

    G.

    whereas negotiations are still underway between the EU and the US on the issue of the illegal transfer of transatlantic passengers' data to the US and whereas Parliament has asked the Commission to take action pursuant to Article 232 of the EC Treaty,

    H.

    whereas the Belgian Committee on the Protection of Privacy has ascertained that the personal data of some European transatlantic passengers — including a Member of the European Parliament — were transferred to the USA illegally, in violation of Belgian law and European directives,

    I.

    whereas the Article 29 Working Party stated in its opinion on the transfer to the USA of data relating to transatlantic passengers that ‘the progress made does not allow a favourable adequacy finding to be achieved‧, and whereas a large number of further issues need to be resolved before the Commission can take an adequacy decision,

    J.

    whereas the EU, its institutions and the Member States are required to comply with the Charter of Fundamental Rights of the EU, particularly Article 8 thereof, the European Convention on Human Rights and Fundamental Freedoms and the general principles of international law, and whereas the current policies of data retention and data transfer to third countries are likely to result in their being seriously breached,

    K.

    whereas the Commission and Member States and national privacy protection authorities are responsible for the effective implementation of national and European privacy laws and for punishing violations of those laws,

    L.

    whereas national and European laws on the transfer of personal data to third countries have been flagrantly breached by the transfer of transatlantic passengers' personal data to the US law-enforcement authorities, and whereas the Commission, the Member States and some privacy protection authorities — particularly those which under national law have the power to block data transfers — have substantially colluded in infringing the legislation and the principle of legality,

    M.

    whereas, in the global context of an Internet information society, solutions cannot be found within the EU only,

    on the need for a comprehensive and trans-pillar European privacy and data protection regime

    1.

    Criticises the extremely serious delays that have occurred within the Commission in this matter and urges it to propose within the first half of 2004, as announced, a ‘legal instrument‧ on the protection of privacy in the third pillar; this instrument should be binding in nature and aimed at guaranteeing in the third pillar the same level of data protection and privacy rights as in the first pillar; it should harmonise, in accordance with those high standards, the current rules on privacy and data protection concerning Europol, Eurojust and all other third-pillar organs and actions, as well as any exchange of data between them and with third countries and organisations;

    2.

    Considers that, in the long term, Directive 95/46/EC should be applied, following the appropriate modifications, to all areas of EU activity, so as to guarantee a high standard of harmonised and common rules for privacy and data protection;

    3.

    Believes that compliance with privacy and data protection rules should be guaranteed by national supervisory authorities, a common EU authority, to which citizens will have the right to appeal, and the Court of Justice; maintains that Parliament should also be consulted on, and have decision-making powers in respect of, all proposals concerning or having an impact on the protection of privacy within the EU, such as international agreements involving its bodies, adequacy findings and so on;

    4.

    Considers that immediate steps should be taken to facilitate enjoyment by citizens of their right to privacy and protection of their personal data (access to data, correction, amendment, deletion, etc.), involving the introduction of a single procedure for national privacy authorities regarding data stored in national and European databases coming under the first and third pillars;

    5.

    Welcomes the fact that the Commission has conducted an open and in-depth consultation and debate with all interested parties (Member State governments and supervisory authorities, organisations, companies, citizens), on-line and off-line, on the implementation of the directive, and takes note of the results of this consultation;

    on the implementation of Data Protection Directive 95/46/EC

    6.

    Deplores the fact that some Member States did not implement the directive before the deadline for transposition of 24 October 1998, thereby obliging the Commission to take legal action on 11 January 2000 against France, Luxembourg, the Netherlands, Germany and Ireland, but notes that all Member States have now done so; calls on Ireland to immediately notify to the Commission its recent law of implementation; regrets the fact that the tardy implementation of the directive by the Member States and the continuing differences in the way in which it is applied at national level have prevented economic operators from drawing maximum benefit from it, and have blocked some cross-border activities within the European Union;

    7.

    Calls on all the parties concerned, European institutions, Member States and data protection authorities, as well as economic and societal actors, to make their contribution and cooperate to ensure correct implementation of the data protection principles regulated by the directive;

    8.

    Shares the view of the Commission that, since implementation of the directive has been slow and experience with it is still very limited, the directive should not be amended for the time being (except as indicated in paragraph 16), and that current shortcomings in the implementation of the directive should be overcome by actions taken at the European and national level by Member States and data protection authorities following the programme announced in the Commission's communication;

    9.

    Points out that the completion of the internal market is conditional upon guaranteed data protection; accordingly, calls on the Commission to highlight the areas in which diverging interpretations of the directive are hampering the smooth operation of the internal market, and to report on this to the European Parliament;

    10.

    Shares the Commission's view that, if after a deadline of six months this cooperation does not produce the results expected, it will bring those Member States failing or refusing to comply with the directive to Court; considers, in this connection, that the Commission should show particular vigilance and determination as regards the proper application of legal exceptions to privacy laws, so as to ensure compliance with the ECHR and the related case-law;

    on data transfers to third states or organisations

    11.

    Welcomes the intention of the Commission to simplify the regulatory framework for enterprises as regards requirements for international transfers of data;

    12.

    Recalls that no exception should be allowed to the principle that first-pillar-related data can be transferred to third countries and organisations only if their level of data protection is similar to that of the EU;

    13.

    Points out, notably to Europol, Eurojust and other third-pillar organs, that law enforcement-related data can only be transferred on a case-by-case basis to countries or organs that respect human rights and fundamental freedoms, democracy, the rule of law and European data protection standards, such as the data protection principles laid down by Council of Europe Recommendation R (87) 15 on the use of data of a personal nature in the police sector; asks, furthermore, to be consulted before — and receive reports after — such transfers take place; urges Europol and Eurojust to clarify and make available to citizens and to Parliament the necessary information on the exchange of data, whether personal or not, with third countries and organisations;

    14.

    Reiterates that, as stated in the opinion of the Belgian Committee on the Protection of Privacy, the opinions of the Article 29 Working Party and the report of the EU network of experts on human rights, EU data protection standards are seriously infringed when personal data are, without informing and obtaining the consent of the data subject, transferred or accessed directly and systematically by a third state party or law-enforcement authority, notably when data are collected for another purpose and without judicial authorisation, as in the case of US authorities accessing transatlantic passenger data collected in the EU by airline companies and electronic reservation systems;

    15.

    Agrees with the Article 29 Working Party's opinion on the inadequacy of the current privacy arrangements in the United States and on the latest version of the Undertakings, as well as on the remaining problem areas; considers the progress made in this connection during a year of negotiations between the Commission and the US authorities to be totally inadequate;

    16.

    Proposes that the directive be amended so as to make the assessment of the adequacy of the protection provided for the personal data of European citizens by a third country to which such data are to be transferred subject to Parliament's approval;

    17.

    Calls for the agreements currently being negotiated or already negotiated which entail the transmission of personal data between the EU and third countries or bodies to guarantee an adequate level of data protection and, in any case, to maintain the level guaranteed in Directive 95/46/EC;

    on exceptions to privacy laws

    18.

    Believes that Member States' laws providing for the wide-scale retention of data related to citizens' communications for law-enforcement purposes are not in full conformity with the European Convention on Human Rights and the related case-law, since they constitute an interference with the right to privacy and fall short of the requirements of: being authorised by the judiciary on a case-by-case basis and for a limited duration, distinguishing between categories of people that could be subject to surveillance, respecting confidentiality of protected communications (such as lawyer-client communications), and specifying the nature of the crimes or the circumstances that authorise such an interference; believes, furthermore, that serious doubts arise as to their necessity within a democratic society and — as specified by Article 15 of Directive 2002/58/EC — as to their appropriateness and proportionality;

    19.

    Asks the Commission to produce a document on the right to privacy and the conditions for exceptions to be legal, on the basis of the European Convention on Human Rights, the related case-law and EU data protection directives and urges the EU institutions to launch an open and transparent debate on the basis of this document;

    other concerns

    20.

    Asks the Member States to respect the criteria of legal clarity and legal certainty so as to ensure better regulation when implementing the directive in order to avoid any unnecessary burden on enterprises and particularly on SMEs;

    21.

    Stresses that the free movement of personal data is vital for the smooth operation of virtually all Union-wide economic activities; it is therefore necessary to resolve these differences of interpretation as soon as possible, to enable multinational organisations to frame pan-European data protection policies;

    22.

    Stresses the need for the Member States and the European institutions to adopt an equivalent level of protection of fundamental rights and protection of individuals in applying both Directive 95/46/EC and European Parliament and Council Regulation (EC) No 45/2001 of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8);

    23.

    Calls on the Commission to adopt an approach seeking to harmonise this directive with other legislative provisions, such as the proposal for a European Parliament and Council directive for the approximation of laws, regulations and administrative provisions of the Member States concerning consumer credit, in order to avoid inconsistencies between such proposals;

    24.

    Calls on Member States and supervisory authorities to create a less complex and burdensome environment for data controllers and agrees with the Commission on the need to avoid imposing requirements that could be dropped without any detrimental effects for the high level of protection guaranteed by the directive;

    25.

    Stresses that the management and protection of data are nowadays a critical factor of success for companies;

    26.

    Agrees with the Commission on the need for improvements to be made in order for economic operators to have a wider choice of standard contractual clauses in the field of data protection and that these should possibly be based on clauses submitted by business representative associations;

    27.

    Calls on Member States to ensure that data protection authorities are provided with the necessary means to comply with the tasks provided for by Directive 95/46/EC, and that they are independent and autonomous from national governments; considers that data protection authorities should keep enhancing their efficiency and effectiveness and play a more active role at national and European level in the framework of the Article 29 Working Party, for instance in helping to implement the programme proposed by the Commission and in ensuring that the law is implemented;

    28.

    Deplores that seven Member States — Belgium, Germany, Greece, France, Luxembourg, the Netherlands and Portugal — have not respected the deadline for implementation of Directive 2002/58/EC set for 31 October 2003, and calls on them to take the necessary measures;

    29.

    Calls on the Commission, the Member States and national privacy authorities to carry out annual assessments of compliance with national and international privacy laws, irrespective of the pillar concerned, and, where appropriate, to submit amendments to legislation, to forward these amendments to the relevant bodies — particularly parliamentary bodies — and to make them publicly available, inter alia on the Internet;

    30.

    Expresses concern at the development of SIS and the Council plans under which SIS II should allow new categories of alerts (persons and objects) and new sectors to be added, alerts to be inter-linked, the period during which alerts may be stored to be changed, biometric data (especially photographs and fingerprints) to be registered and transferred, and access to be provided to new authorities, namely Europol, Eurojust and national judicial authorities, where necessary, for purposes other than those originally laid down, such as the service of European arrest warrants; deplores, furthermore, the legal confusion created by the fact that SIS covers both first and third pillar matters, with different levels of privacy protection;

    31.

    Expresses concern at the general approach taken by the Council to proposals seeking to incorporate biometric data (digital photographs and fingerprints) into visas and residence permits using an electronic chip, particularly because such data can easily be copied into centralised databases when checks are carried out; is concerned that new developments in the field of data protection, such as the possible use of biometrics, will put more demands on the supervisory authorities that are currently ‘under-resourced for their wide range of tasks‧ (COM(2003) 265); calls on the Member States to make additional resources available for the data protection supervisory authorities to ensure the effective functioning of the system;

    32.

    Calls on the Member States and national and European authorities to ensure that privacy legislation is not misused for the purposes or with the result of undermining the right of access to documents, administrative transparency and institutional advertising, or to make it excessively difficult for individuals to exercise their ‘right to be known‧; calls on the Commission to submit a report, on the basis of an opinion of the Article 29 Working Party, on this type of abusive conduct and to put forward guidelines and, where appropriate, legislative measures with a view to guarding against such practices;

    33.

    Calls on the Commission to continue to monitor the issue of video surveillance, not least in the light of national judicial rulings, and awaits the submission of the proposal on the protection of privacy at the workplace, of which advance notice has been given;

    34.

    Urges Eurojust to state exactly which national and European provisions it has been and is implementing, given that there is much confusion and some serious doubts surrounding this matter;

    35.

    Believes that self-regulation is a good means of avoiding excessively detailed legislation and calls on the business community to create a European code of conduct on personal data protection;

    36.

    Asks for an additional effort towards internationally agreed principles to be made at the national, European and international level in order to improve the application of OECD guidelines and the Council of Europe Convention;

    37.

    Points out that privacy and personal data protection should be part of the educational curriculum related to computers and the Internet; asks the Member States and the Commission to promote citizens' awareness in the field of data protection rights;

    *

    * *

    38.

    Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, the national privacy authorities, Europol and Eurojust and the United States Government.


    (1)  ETS No 005.

    (2)  ETS No 108.

    (3)  OJ L 281, 23.11.1995, p. 31.

    (4)  OJ L 201, 31.7.2002, p. 37.

    (5)  See Verbatim Report of Proceedings, sitting of Wednesday, 19 November 2003.

    (6)  OJ L 220, 29.7.1989, p. 1.

    (7)  Joined cases C-465/00, C-138/01 and C-139/01, ECR I-4989.

    (8)  OJ L 8, 12.1.2001, p. 1.

    P5_TA(2004)0142

    The rights of prisoners in the European Union

    European Parliament recommendation to the Council on the rights of prisoners in the European Union (2003/2188(INI))

    The European Parliament,

    having regard to the proposal for a recommendation to the Council by Marco Cappato and Giuseppe Di Lello Finuoli on behalf of the GUE/NGL Group on the rights of prisoners in the European Union (B5-0362/2003/rev.),

    having regard to the European Union instruments dealing with the protection of human rights, in particular Articles 6 and 7 of the Treaty on European Union, the Charter of Fundamental Rights of the European Union, in particular Article 4 thereof, and the draft European Constitution, which would make that Charter binding,

    having regard to the international instruments dealing with human rights and banning torture and inhuman or degrading punishment or treatment, in particular the Universal Declaration of Human Rights (Article 5), the International Pact on Civil and Political Rights (Article 7), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol to that Convention on the establishment of a system of regular visits by independent international and national bodies to places of detention,

    having regard to the Council of Europe instruments dealing with human rights and the prohibition of torture and inhuman or degrading punishment or treatment, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3), the protocols to that Convention and the case-law of the European Court of Human Rights, the 1987 European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, which established the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), and the CPT's reports,

    having regard to the instruments which deal more specifically with the rights of persons who have been deprived of their liberty, in particular: at United Nations level, the standard minimum rules on the treatment of prisoners and the declarations and principles adopted by the General Assembly; at Council of Europe level, Resolution (73)5 on standard minimum rules for the treatment of prisoners, Recommendation R(87)3 on European prison rules, the other recommendations adopted by the Committee of Ministers (1) and the recommendations adopted by the Parliamentary Assembly,

    having regard to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (which were adopted by the General Assembly in its Resolution 45/113 of 14 December 1990) and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), which were adopted by the General Assembly in its Resolution 40/33 of 29 November 1985,

    having regard to its annual resolutions on respect for human rights in the European Union, its resolution of 18 January 1996 on poor conditions in prisons in the European Union (2), and its resolution of 17 December 1998 on prison conditions in the European Union: improvements and alternative penalties (3),

    having regard to its repeated calls to the Commission and Council to propose a framework decision on the rights of prisoners (4),

    having regard to the Council resolution on the treatment of drug addicts in prison and the Council Recommendation of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence (5),

    having regard to the report of the EU Network of Independent Experts in Fundamental Rights on the situation of fundamental rights in the EU and its Member States in 2002,

    having regard to Rule 49(3) of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0094/2004),

    A.

    whereas the European Union has set itself the task of developing an area of freedom, security and justice, and whereas, pursuant to Article 6 of the Treaty on European Union, it respects human rights and fundamental freedoms, thereby taking on positive obligations which it must meet in order to honour that commitment,

    B.

    whereas the application of the principle of the mutual recognition of criminal law decisions and the entry into force of the European arrest warrant have created an urgent need for additional measures in the area of the effective protection of human rights and fundamental freedoms, in particular in the light of the fact that the number of Member State nationals held in another Member State may rise as a result,

    C.

    whereas, according to Council of Europe statistics, on 1 September 2002 a total of 539 436 persons were being held in prison in the enlarged European Union, statistics which paint an alarming picture:

    overcrowding;

    excessive increase in the prison population;

    rise in the number of foreign nationals being held;

    high numbers of remand prisoners;

    numerous cases of death and suicide,

    D.

    whereas the CPT's reports draw attention to the persistence of certain serious problems, such as illtreatment and the unsuitability of prison facilities, activities and health care,

    E.

    whereas Article 3 of the European Convention on Human Rights and the case-law of the European Court of Human Rights impose on the Member States not only negative obligations, by banning them from subjecting prisoners to inhuman and degrading treatment, but also positive obligations, by requiring them to ensure that prison conditions are consistent with human dignity and that thorough, effective investigations are carried out if such rights are violated,

    F.

    whereas the Council of Europe is in the process of revising its European Prison Rules, and whereas a proposal on the drafting of a European Prisons Charter has been put forward in the Parliamentary Assembly by Michel Hunault, rapporteur on the situation of European prisons and pre-trial detention centres,

    G.

    whereas only eight EU Member States and accession countries (Austria, Denmark, Spain, Finland, Italy, Malta, Sweden and the United Kingdom) have signed the Optional Protocol to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and whereas only three (Spain, Malta and the United Kingdom) have ratified it,

    H.

    whereas some Member States grant national MPs and MEPs the right to visit and inspect prisons, and whereas it has called for that right to be granted to MEPs throughout the territory of the EU (6),

    I.

    whereas one of the problems to which Member States frequently draw attention is the lack of resources available to improve prisons, and whereas it may be necessary to create a budget heading with a view to encouraging them to comply with high standards and the CPT's recommendations,

    J.

    whereas providing decent conditions for prisoners and granting them access to schemes designed to prepare them for a return to society help to reduce the likelihood that they will re-offend,

    K.

    having regard to the existence of special prison regimes, whether legal or de facto, and pointing out that the CPT has expressed concern at the Italian regime known as 41 bis, that the European Court of Human Rights has ruled against Italy on account of the length of time which it has taken the Supervisory Court to consider the appeals lodged by a prisoner, and that in its report on 2002 the EU Network of Independent Experts in Fundamental Rights stated that ‘insofar as this exceptional regime comprises ... measures that bear no relation whatsoever to the objective of security, we may question its compatibility with the approach advocated by the CPT‧,

    L.

    whereas the situation in ‘residence centres for foreigners‧ is extremely alarming, as has recently been reported by Médecins sans Frontières in the case of Italy, for example, and whereas asylum-seekers' rights to legal assistance and healthcare are being violated,

    M.

    whereas the Member States have given an undertaking in the Council of Europe to extend the use of penalties which offer an alternative to prison and imprisonment,

    N.

    whereas the Council has adopted resolutions and recommendations (which are not always implemented by the Member States) concerning the specific problem of drug dependence and the reduction of the related risks, dealing in particular with the treatment of drug dependence in prison or outside,

    O.

    whereas, under the Italian Presidency, the Council launched an initiative on prisons,

    1.

    Addresses the following recommendations to the Council:

    (a)

    continue its activities on matters relating to prisoners, in particular by coordinating a joint position to which the Member States and accession countries can subscribe and by encouraging the Council of Europe to revise its European Prison Rules, incorporating a higher degree of protection on the basis of the principles drawn up by the CPT and the European Court of Human Rights;

    (b)

    encourage, on the basis of a joint contribution subscribed to by all the EU Member States, the drafting of a European Prisons Charter covering all the Council of Europe's Member States;

    (c)

    work to ensure that such a Charter incorporates detailed rules, binding on the Member States, concerning:

    a prisoner's right to have access to a lawyer, to healthcare and to notify a third person that he or she has been detained;

    the right to physical and mental safety, in particular protection against violence committed by fellow prisoners and the prevention of suicide;

    prison conditions: health, accommodation, cleanliness, ventilation, light, food;

    the right of access to internal and, if necessary, external medical services;

    re-education, training, rehabilitation and reintegration into society and the workforce, in particular through the provision of information to prisoners concerning the resources available to help them prepare for such reintegration;

    the separation of categories of detained persons: juveniles, persons on remand, convicted criminals;

    specific measures concerning vulnerable groups: juveniles, women, persons with psychiatric or physical problems, the sick, the elderly, persons likely to commit suicide, drug addicts, foreigners, asylum-seekers, etc.;

    special protection for juveniles by means of:

    the provision that imprisonment is a last resort to be turned to when all other alternatives have been exhausted,

    supervisory staff trained to deal with the challenges of working with the age group concerned and with that group's specific needs,

    an appropriate multidisciplinary activity programme combining sport, education and technical and vocational training, and focusing on skills which will facilitate social reintegration following release,

    fair treatment for both men and women in terms of access to activities whilst in prison, pursuant to Rule 26.4 of the Beijing Rules;

    the protection of women by means of:

    physical separation from men,

    female supervisory staff or, if that proves physically impossible, a mixed supervisory staff as a minimum requirement,

    an appropriate response to women's specific health and hygiene needs, including screening for breast cancer and cervical cancer;

    special protection for pregnant women and for the mothers of young children by means of:

    a diet suitable for pregnancy,

    gynaecological examinations and labour taking place without handcuffs or any other form of restraint,

    babies to be born outside prison,

    prison accommodation for mothers and their young children which does not reflect the prison world and which is geared to children's needs;

    visiting rights for relatives, friends and third parties:

    the right to an emotional and sex life, for which suitable arrangements must be made and areas provided;

    the provision of visiting rooms enabling families to be reunited — in particular areas equipped for activities involving imprisoned parents and their children;

    an effective right of appeal to enable prisoners to uphold their rights in the face of arbitrary punishment or treatment;

    special security regimes;

    the greatest possible use of open or semi-open prisons and the promotion of measures which offer an alternative to imprisonment such as, in particular, community service;

    the provision of information to prisoners concerning their rights, also to be made available on paper and in a language which the prisoner understands;

    training for prison staff and law-enforcement officers;

    (d)

    declare that should this exercise not be completed in the near future, or should the outcome prove unsatisfactory, the European Union will draw up a Charter of the rights of persons deprived of their liberty which is binding on the Member States and which can be invoked before the Court of Justice;

    (e)

    urge the Member States and accession countries to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which establishes a system of regular visits by independent international and national bodies to places of detention and which confers on those bodies the task of inspecting prisons and hearing appeals by prisoners and of drawing up a public annual report for the relevant parliaments, and encourage the European Union to incorporate a call to sign and ratify the Optional Protocol into its policy vis-à-vis third countries;

    (f)

    take measures at Union level so that national MPs are guaranteed the right to visit and inspect prisons and this right is likewise granted to MEPs on the territory of the EU;

    (g)

    urge the Member States to take action designed to prevent prison suicides and to carry out impartial investigations systematically in cases where a prisoner dies in prison;

    (h)

    initiate an assessment of the laws of the Member States in order to verify that they are consistent with the standards established by the Council of Europe, the CPT, the European Court of Human Rights and its relevant case-law and the observations of the UN Human Rights Committee, Committee against Torture and Special Rapporteur on Torture, and guarantee that the laws in question are actually applied;

    (i)

    call on the Member States to earmark appropriate resources for the restructuring and modernisation of detention centres and to provide the police and prison staff with training concerning prisoners' rights and the monitoring of prisoners suffering from psychological disorders, and create a specific EU budget heading with a view to encouraging such projects;

    (j)

    call on the CPT and the Council of Europe's Human Rights Commissioner to conduct a series of unannounced visits in Member States which have established special regimes, whether legal or de facto, including residence of centres for foreigners, and call on the EU Network of Independent Experts in Fundamental Rights to draw up an analysis of the compatibility of such regimes with fundamental rights and freedoms;

    (k)

    remind the Member States of the undertakings they have given in the Council of Europe to make greater use of penalties which offer an alternative to imprisonment, and urge them to step up their efforts in both the legislative and judicial spheres;

    2.

    Instructs its President to forward this recommendation to the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Council of Europe Parliamentary Assembly, the Council of Europe Commissioner for Human Rights, the European Committee for the Prevention of Torture, the European Court of Human Rights, the UN Committee on Human Rights, the UN Committee against Torture, the UN Special Rapporteur on Torture and the UN High Commissioner for Human Rights.


    (1)  For an exhaustive list of the Council of Europe's recommendations and resolutions in the penal sphere: http://www.coe.int/T/F/Affaires_juridiques/Coopération_juridique/Emprisonnement_et_alternatives/Instruments_ juridiques/Liste_instruments.asp#TopOfPage

    (2)  OJ C 32, 5.2.1996, p.102.

    (3)  OJ C 98, 9.4.1999, p.299.

    (4)  See its recommendation of 6 November 2003 to the Council on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union, paragraph 23: ‘Urges the Council and Commission to speed up the investigation on the condition of prisoners and of prisons in the EU, with a view to adopting a framework directive on prisoners‧ rights and common minimum standards to guarantee such rights on the basis of Article 6 TEU' (P5_TA (2003)0484); and its resolution of 4 September 2003 on the situation as regards fundamental rights in the European Union (2002), paragraph 22: ‘Considers, at a general level, that efforts must also be made in a European area of freedom, security and justice to mobilise European capacities to improve the operation of the police and prison system, for example ... by drawing up a framework decision on minimum standards to protect the rights of prisoners in the EU‧. (P5 _TA(2003)0376).

    (5)  OJ L 165, 3.7.2003, p. 31.

    (6)  See, for example, paragraph 41 of its abovementioned resolution of 17 December 1998: ‘Calls for Members of the European Parliament to have right to visit and inspect prisons and detention centres for refugees on the territory of the European Union‧.

    P5_TA(2004)0143

    Daphne II ***II

    European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council decision adopting a programme of Community action (2004-2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (13816/1/2003 — C5-0599/2003 — 2003/0025(COD))

    (Codecision procedure: second reading)

    The European Parliament,

    having regard to the Council common position (13816/1/2003 — C5-0599/2003),

    having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003) 54) (2),

    having regard to the amended proposal (COM(2003) 616) (3),

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

    having regard to Rule 80 of its Rules of Procedure,

    having regard to the recommendation for second reading of the Committee on Women's Rights and Equal Opportunities (A5-0083/2004),

    1.

    Amends the common position as follows;

    2.

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


    (1)  Texts Adopted, 3.9.2003, P5_TA(2003)0366.

    (2)  Not yet published in OJ.

    (3)  Not yet published in OJ.

    P5_TC2-COD(2003)0025

    Position of the European Parliament adopted at second reading on 9 March 2004 with a view to the adoption of European Parliament and Council Decision .../2004/EC adopting a programme of Community action (2004-2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the DAPHNE II programme)

    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

    Having regard to the proposal from the Commission,

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

    Having regard to the Opinion of the Committee of the Regions (2),

    Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

    Whereas:

    (1)

    Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. The effects of such violence are so widespread throughout the Community as to constitute a genuine health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

    (2)

    It is important and necessary to recognise the serious immediate and long-term implications of violence for health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.

    (3)

    According to the World Health Organisation's definition, health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. A World Health Assembly resolution adopted at the 49th World Health Assembly in Geneva in 1996 declares that violence is a leading worldwide public health problem. The World report on violence and health presented by the World Health Organisation in Brussels on 3 October 2002 recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention.

    (4)

    These principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the United Nations, the International Labour Organisation, the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. This important work performed by international organisations should be complemented by that of the Community. Indeed, Article 3(1)(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection.

    (5)

    The Charter of Fundamental Rights of the European Union (4) reaffirms inter alia the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour.

    (6)

    The Commission has been called upon to draw up and implement action programmes to combat such violence by the European Parliament, inter alia in its Resolutions of 19 May 2000 on the communication from the Commission to the Council and the European Parliament. ‘For further actions in the fight against trafficking in women‧ (5), and of 20 September 2001 on female genital mutilation (6).

    (7)

    The action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women (7), has helped increase awareness within the European Union and increase and consolidate cooperation between organisations in the Member States active in combating violence.

    (8)

    The Daphne programme has received an overwhelming response and clearly meets a deeply felt need within the voluntary sector. The funded projects have already started to have multiplying effects on activities by non governmental organisations and institutions in Europe. This programme has already substantially contributed to the development of EU policy on combating violence, trafficking, sexual abuse and pornography, with implications well beyond the boundaries of the European Union, as mentioned in the mid-term report of the Daphne programme.

    (9)

    In its Resolution of 4 September 2002 on the mid-term review of the Daphne programme (8), the European Parliament stresses that the Daphne programme meets a basic need for effective strategies to combat violence and that it must continue beyond 2003, and calls on the Commission to submit a proposal for a new action programme which incorporates all experience acquired since 1997 and which is allocated appropriate funding.

    (10)

    It is desirable to ensure continuity for the projects supported by the Daphne programme to carry on building on the experiences gained and to provide opportunities to promote the European added value stemming from these experiences and, to this end, it is necessary to establish a second phase of the programme, hereinafter referred to as the ‘Daphne II programme‧.

    (11)

    The Community can bring added value to the actions predominantly to be undertaken by Member States concerning the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk through the dissemination and exchange of information and experience, the promotion of an innovative approach, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all parties concerned. These actions should also encompass children and women brought to the Member States through human trafficking. The Community can also identify and stimulate good practice.

    (12)

    The Daphne II programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience of actions undertaken in the Member States, including an exchange of information relating to the various laws, sanctions and the results achieved. In order to achieve the objectives of this programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater Community added value and show the way towards trying out and disseminating innovative ideas to prevent and combat violence, in the context of a multidisciplinary approach.

    (13)

    Since the objectives of the proposed action, namely to prevent and combat all forms of violence against children, young people and women cannot be sufficiently achieved by the Member States and can therefore, due to the need for a coordinated and multidisciplinary approach favouring the setting up of transnational frameworks for training, information, study and exchange of good practice, and the selection of Community-wide projects, 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.

    (14)

    The Daphne II programme should be of a five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set and for lessons and experience to be collated and integrated in good practice across the European Union.

    (15)

    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 (9).

    (16)

    This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (10), for the budgetary authority during the annual budgetary procedure,

    HAVE DECIDED AS FOLLOWS:

    Article 1

    Subject matter and scope

    The second phase of the Daphne programme to prevent and combat all forms of violence against children, young people and women and to protect victims and groups at risk (‘the Daphne II programme‧) is hereby established for the period 1 January 2004 to 31 December 2008. It may be extended.

    For the purposes of the Daphne II programme, ‘children‧ shall include adolescents up to the age of 18 years, in accordance with international instruments relating to the rights of the child.

    However, projects with actions particularly designed for beneficiary groups such as, for example, ‘teenagers‧ (13-19 years old) or people 12-25 years old, shall be considered as targeting the category of so-called ‘young people‧.

    Article 2

    Programme objectives

    1.   The Daphne II programme shall contribute to the general objective of providing citizens with a high level of protection from violence, including protection of physical and mental health.

    The aim of this programme shall be to prevent and combat all forms of violence, occurring in the public or the private domain, against children, young people and women by taking preventive measures and by providing support for victims and groups at risk, including in particular the prevention of future exposure to violence. It further aims to assist and encourage non governmental organisations and other organisations active in this field.

    2.   The actions to be implemented under the Daphne II programme, as set out in the Annex, are intended:

    (a)

    to promote transnational actions:

    (i)

    to set up multidisciplinary networks, particularly in support of victims of violence and groups at risk;

    (ii)

    to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange;

    (iii)

    to raise awareness of violence among targeted audiences such as specific professions, competent authorities and identified sectors of the general public with a view both to improving understanding of, and promoting the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of incidences of violence to the competent authorities;

    (iv)

    to study phenomena related to violence and possible methods of preventing it and explore and address the root causes of violence at all levels of society;

    (b)

    to implement complementary actions, on the initiative of the Commission, such as studies, the formulation of indicators, data gathering, statistics broken down by gender and by age, seminars, and meetings of experts or other activities to reinforce the programme's knowledge base and to disseminate the information obtained under this programme.

    Article 3

    Access to the programme

    1.   The Daphne II programme shall be open to participation by public or private organisations and institutions (local authorities at the competent level, university departments and research centres) working to prevent and combat violence against children, young people and women or to protect against such violence or to provide support for victims or to implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.

    2.   This programme shall also be open to the participation of:

    (a)

    Accession States which signed the Treaty of Accession on 16 April 2003;

    (b)

    the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;

    (c)

    Romania and Bulgaria, for which the conditions for participation are to be laid down in accordance with the respective European Agreements, the additional protocols thereto and the decisions of the respective Association Councils;

    (d)

    Turkey, for which the conditions for participation are to be laid down in accordance with the Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes (11).

    3.   To be eligible for funding under this programme, projects shall involve at least two Member States, have a maximum duration of two years and be geared to the objectives set out in Article 2.

    Article 4

    Actions under the programme

    The Daphne II programme shall comprise the following types of actions:

    (a)

    identification and exchanges of good practice and work experience with a view in particular to implementing preventive measures and assistance to victims;

    (b)

    mapping surveys, studies and research;

    (c)

    field work with the involvement of the beneficiaries, particularly children and young people, in all phases of project design, implementation and evaluation;

    (d)

    creation of sustainable multidisciplinary networks;

    (e)

    training and design of educational packages;

    (f)

    development and implementation of treatment programmes and support for victims and people at risk on the one hand, and perpetrators on the other hand, whilst ensuring the safety of victims;

    (g)

    development and implementation of awareness-raising actions targeting specific audiences, design of materials to supplement those already available, or adaptation and use of existing materials in other geographical areas or for other target groups;

    (h)

    dissemination of the results obtained under the two Daphne programmes including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

    (i)

    identification and enhancement of actions contributing to positive treatment of people at risk of violence, namely to an approach which encourages respect for them and promotes their well-being and self-fulfilment.

    Article 5

    Funding

    1.   The financial framework for the implementation of the Daphne II programme for the period from 1 January 2004 to 31 December 2008 is hereby set at EUR 50 million, of which EUR 29 million is for the period until 31 December 2006.

    For the period following 31 December 2006, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial perspectives in force for the period commencing in 2007.

    2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

    3.   Funding decisions shall be followed by grant agreements between the Commission and the beneficiaries of the grant.

    4.   The proportion of financial support from the Community budget shall not exceed 80 % of the total cost of the project.

    However, the complementary actions referred to in Article 2(2)(b) may be financed up to 100 %, subject to a ceiling of 15 % of this programme's total annual financial allocation.

    Article 6

    Implementation of the programme

    1.   The Commission shall be responsible for the management and implementation of the Daphne II programme and shall ensure that any result or product funded by this programme is available free of charge and in electronic form.

    2.   The Commission shall ensure a balanced approach, in respect of the three target groups, namely children, young people and women with regard to the implementation of this programme.

    3.   The measures necessary for the implementation of this Decision relating to the annual plan of work shall be adopted in accordance with the management procedure referred to in Article 7(2).

    4.   The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 7(3).

    Article 7

    Committee

    1.   The Commission shall be assisted by a Committee.

    2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, 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 two months.

    3.   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.

    4.   The Committee shall adopt its rules of procedure.

    Article 8

    Monitoring and evaluation

    1.   The Commission shall take all the measures necessary to ensure the monitoring and continuous evaluation of the Daphne II programme taking account of the general and specific objectives set out in Article 2 and of the specific objectives set out in the Annex.

    2.   At the latest by 1 June 2006, the Commission shall submit an evaluation report to the European Parliament and to the Council, assessing the relevance, utility, sustainability, effectiveness and efficiency of the Daphne II programme so far. This report shall include an ex-ante evaluation in order to support possible future action. Moreover, in parallel to the presentation of the Preliminary Draft Budget for 2007, the Commission shall forward to the budgetary authority the result of the qualitative and quantitative evaluation of performance against the annual implementation plan.

    In the context of the budgetary procedure for 2007, the Commission shall, at the latest by 1 June 2006, report on the consistency of the amount for 2007-2008 with the new financial perspectives. If applicable, the Commission shall take the necessary steps within the budgetary procedures for 2007-2008 to ensure the consistency of the annual appropriations with the new financial perspectives.

    3.   On completion of the Daphne II programme, the Commission shall submit a final report to the European Parliament and to the Council. Inter alia, this report shall contain information on the work carried out in the context of the actions set out in Point II (c) of the Annex, as a basis for evaluating the need for further political action.

    4.   The Commission shall also send the reports referred to under paragraphs 2 and 3 to the European Economic and Social Committee and to the Committee of the Regions.

    Article 9

    Entry into force

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

    Done at ..., ...

    For the European Parliament

    The President

    For the Council

    The President


    (1)  OJ C 208, 3.9.2003, p. 52.

    (2)  OJ C 256, 24.10.2003, p. 85.

    (3)  Position of the European Parliament of 3 September 2003 (not yet published in the Official Journal), Council Common Position of 1 December 2003 (OJ C 54 E, 2.3.2004, p. 1), Position of the European Parliament of 9 March 2004.

    (4)  OJ C 364, 18.12.2000, p. 1.

    (5)  OJ C 59, 23.2.2001, p. 307.

    (6)  OJ C 77 E, 28.3.2002, p. 126.

    (7)  OJ L 34, 9.2.2000, p. 1.

    (8)  OJ C 272 E, 13.11.2003, p. 390.

    (9)  OJ L 184, 17.7.1999, p. 23.

    (10)  OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).

    (11)  OJ L 61, 2.3.2002, p. 29.

    ANNEX

    SPECIFIC OBJECTIVES AND ACTIONS

    I.   TRANSNATIONAL ACTIONS

    1.   IDENTIFICATION AND EXCHANGE OF GOOD PRACTICE AND WORK EXPERIENCE

    Objective:

    to support and encourage the exchange, adaptation and use of good practice for application in other contexts or geographical areas

    To stimulate and promote the exchange of good practice at Community level on protection of and support for children, young people and women — victims or groups at risk — with special emphasis on the following areas:

    (a)

    prevention (general or targeting specific groups);

    (b)

    protection and support to victims (psychological, medical, social, educational and legal assistance, the provision of accommodation, removing and protecting victims, training and reintegration into social and working life);

    (c)

    procedures to protect the best interests of children, particularly those who are victims of prostitution, young people and women who are the victims of violence;

    (d)

    measurement of the real impact of the different types of violence on victims and society within Europe, in order to establish an appropriate response.

    2.   MAPPING SURVEYS, STUDIES AND RESEARCH

    Objective: to study phenomena related to violence

    To support research activities, gender- and age-based studies and mapping surveys in the field of violence in order, inter alia:

    (a)

    to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence, including coercion to carry out actions such as begging or theft;

    (b)

    to analyse and compare existing prevention and protection models;

    (c)

    to develop prevention and protection practice;

    (d)

    to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the economic costs;

    (e)

    to study the scope for developing filters which prevent the forwarding of paedophile material via the Internet;

    (f)

    to undertake studies on children who are the victims of prostitution in order to help prevent this phenomenon by means of better knowledge about the risk factors.

    3.   FIELD WORK WITH THE INVOLVEMENT OF THE BENEFICIAIRIES

    Objective: actively to implement proven methods in the prevention of and protection from violence

    To support the implementation of methods, training modules and assistance (psychological, medical, social, educational, legal, and to reintegration) directly involving the beneficiaries.

    4.   CREATION OF SUSTAINABLE MULTIDISCIPLINARY NETWORKS

    Objective:

    to support and encourage both non-governmental organisations (NGOs) and other organisations, including local authorities (at the competent level), active in the fight against violence to work together.

    To support the establishment and strengthening of multidisciplinary networks and to encourage and support cooperation between NGOs and the various organisations and public bodies, in order to improve the level of knowledge and understanding of one another's roles and to provide comprehensive multi-disciplinary support to victims of violence and to those at risk.

    The networks will in particular carry out activities to address the problems of violence, geared to:

    (a)

    producing a common framework for the analysis of violence, including the definition of different types of violence, the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses;

    (b)

    assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for the provision of support for victims of violence, in particular to ensure that they are never again exposed to violence;

    (c)

    promoting activities to tackle this problem at both international and national level.

    5.   TRAINING AND DESIGN OF EDUCATIONAL PACKAGES

    Objective: to develop educational packages on the prevention of violence and on positive treatment

    To design and test educational packages and actions on the prevention of violence against children, young people and women and on positive treatment, as well as on conflict management, for use in schools and adult educational institutions, associations, undertakings, public institutions and NGOs.

    6.   DEVELOPMENT AND IMPLEMENTATION OF TREATMENT PROGRAMMES

    Objective:

    to develop and implement treatment programmes for victims and people at risk, such as children and young people who witness domestic violence, on the one hand, and perpetrators on the other hand, with the aim of preventing violence.

    To detect the possible causes, circumstances and mechanisms of the emergence and growth of violence including the nature and motivation of perpetrators of violence and exploiters of commercial violence such as sexual or non-sexual exploitation.

    To develop, test and implement treatment programmes based on the above findings.

    7.   AWARENESS-RAISING ACTIONS TARGETING SPECIFIC AUDIENCES

    Objective:

    to raise awareness and the level of understanding of violence and the prevention of violence against children, young people and women with the aim of promoting zero tolerance of violence, the provision of support to victims and groups at risk, and the reporting of incidences of violence

    The following types of actions, amongst others, are eligible for support:

    (a)

    development and implementation of information and awareness-raising actions aimed at children, young people and women, in particular on the potential risks of violence and ways of avoiding them; other publics to be targeted could also include specific professions such as teachers, educators, medical doctors, youth or social workers, lawyers, police authorities and the media;

    (b)

    development of Community-wide information sources to assist and inform NGOs and public bodies about publicly available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims, compiled by governmental, non-governmental, academic and other sources; this should enable information to be integrated into all the relevant information systems;

    (c)

    encouragement of the introduction of measures and specific services to increase reporting to the authorities of violence and different forms of trade in children, young people and women for sexual and non-sexual exploitation;

    (d)

    promotion of publicity campaigns, using mass means of communication, focusing on the condemnation of violence and the provision of support for victims in the form of psychological, moral and practical assistance.

    The design of materials to supplement those already available, or to adapt them for use in other geographical areas or for other target groups will be encouraged.

    II.   COMPLEMENTARY ACTIONS

    In order to ensure that all areas of the programme are fully covered, even in the absence of proposals — or of suitable proposals — for a given area, the Commission will carry out more proactive activities to fill any gaps.

    Consequently, the programme will finance complementary actions, on the Commission's initiative, in the following areas, inter alia:

    (a)

    to enable the development of indicators on violence, so that the quantified impact of policies and projects can be measured. This must be based on existing experience of all forms of violence against children, young people and women;

    (b)

    to set up a procedure for regular and sustainable data collection, preferably with the assistance of EUROSTAT, in order to be able to quantify violence in the Union more accurately;

    (c)

    to identify policy issues, wherever possible, in the light of the work achieved by funded projects, with the aim of suggesting common policies on violence at Community level and reinforcing judicial practice;

    (d)

    to analyse and evaluate the funded projects in order to prepare for a European Year against violence;

    (e)

    to disseminate on a Europe-wide scale good practices stemming from funded projects; this can be achieved by various means:

    (i)

    producing and distributing written material, CD-ROMs, video films, setting up Internet sites and promoting campaigns and publicity spots;

    (ii)

    seconding of or organising exchanges of experienced staff from one organisation to another in order to assist with the implementation of new solutions or practices that have proven to be effective elsewhere;

    (iii)

    enabling a single NGO to use results obtained under the two Daphne programmes, to adapt them or to transfer them to another Union area or another category of beneficiary;

    (iv)

    establishing a help-desk to assist NGOs, especially those participating for the first time, to elaborate their projects, to liaise with other partners and to use and benefit from the Daphne acquis;

    (v)

    cooperating as closely as possible with mass media.

    (f)

    to organise seminars for all stakeholders involved in funded projects in order to improve management and networking capability and to support information exchange;

    (g)

    to conduct studies and organise meetings of experts and seminars directly connected with the carrying out of the action of which they form an integral part.

    In addition, the Commission may have recourse, in carrying out the programme, to technical assistance organisations, the financing of which will be provided for within the overall financial framework and, under the same conditions, to experts.

    P5_TA(2004)0144

    Statute and financing of political parties at European level (amendments to the Rules of Procedure)

    European Parliament decision on the amendments to the European Parliament's Rules of Procedure following the adoption of the Regulation governing the statute and the financing of political parties at European level (2003/2205(REG))

    The European Parliament,

    having regard to the Treaty establishing the European Community and, in particular, Article 191 thereof,

    having regard to European Parliament and Council Regulation (EC) No 2004/2003 of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (1),

    having regard to the letter of 6 November 2003 from its President,

    having regard to Rules 180 and 181 of its Rules of Procedure,

    having regard to the report of the Committee on Constitutional Affairs (A5-0071/2004),

    1.

    Decides to amend its Rules of Procedure as shown below;

    2.

    Points out that these amendments will enter into force on the first day of the next part-session;

    3.

    Instructs its President to forward this decision to the Council and Commission, for information.

    CURRENT TEXT

    AMENDEMENTS

    Amendment 1

    Rule 22, paragraph 9a (new)

     

    9a. The Bureau shall lay down the implementing rules relating to European Parliament and Council Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding and shall, in implementing that Regulation, assume the tasks conferred upon it by Parliament's Rules of Procedure.

    Amendment 2

    Chapter XXVIa, Title (new)

     

    Chapter XXVIa

    Powers and responsibilities relating to political parties at European level

    Amendment 3

    Rule 184a (new)

     

    Rule 184a

    Powers and responsibilities of the President

    The President shall represent Parliament in its relations with political parties at European level, pursuant to Rule 19(4).

    Amendment 4

    Rule 184b (new)

     

    Rule 184b

    Powers and responsibilities of the Bureau

    1. The Bureau shall take a decision on any application for funding submitted by a political party at European level and on the distribution of appropriations amongst the beneficiary political parties. It shall draw up a list of the beneficiaries and of the amounts allocated.

    2. The Bureau shall decide whether or not to suspend or reduce funding and to recover amounts which have been wrongly paid.

    3. After the end of the budget year the Bureau shallapprove the beneficiary political party's final activity report and final financial statement.

    4. Under the terms and conditions laid down in European Parliament and Council Regulation (EC) No 2004/2003 the Bureau may grant technical assistance to political parties at European level in accordance with their proposals. The Bureau may delegate specific types of decisions to grant technical assistance to the Secretary-General.

    5. In all the cases set out in the above paragraphs the Bureau shall act on the basis of a proposal from the Secretary- General. Except in the cases set out in paragraphs 1 and 4 the Bureau shall, before taking a decision, hear the representatives of the political party concerned. The Bureau may at any time consult the Conference of Presidents.

     

    6. Where Parliament — following verification — establishes that a political party at European level has ceased to observe the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, the Bureau shall decide that that political party shall be excluded from funding.

    Amendment 5

    Rule 184c (new)

     

    Rule 184c

    Powers and responsibilities of the committee responsible and of Parliament's plenary

    1. At the request of one-quarter of Parliament's Members representing at least three political groups, the President, following an exchange of views within the Conference of Presidents, shall call upon the committee responsible to verify whether or not a political party at European level is continuing to observe (in particular in its programme and in its activities) the principles upon which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.

    2. Before submitting a proposal for a decision to Parliament, the committee responsible shall hear the representatives of the political party concerned and it shall ask for and consider the opinion of a committee of independent eminent persons, pursuant to Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding.

    3. Parliament shall vote (by a majority of the votes cast) on the proposal for a decision establishing that the political party concerned either does or does not observe the principles set out in paragraph 1. No amendment may be tabled. In either case, if the proposal for a decision does not secure a majority, a decision to the contrary will be deemed to have been adopted.

    4. Parliament's decision shall apply with effect from the day upon which the request referred to in paragraph 1 was tabled.

    5. The President shall represent Parliament on the committee of independent eminent persons.

    6. The committee responsible shall draw up the report provided for in European Parliament and Council Regulation (EC) No 2004/2003 on the application of that Regulation and the activities funded, and shall submit it in plenary.


    (1)  OJ L 297, 15.11.2003, p. 1.

    P5_TA(2004)0145

    Restructuring the European Parliament's Rules of Procedure

    European Parliament decision on the restructuring of Parliament's Rules of Procedure in the light of its decision of 12 June 2002 and the minor changes which have become necessary since then (2003/2233(REG))

    The European Parliament,

    having regard to the letters from its President dated 21 October and 11 December 2003,

    having regard to Article 43 of the act concerning the conditions of accession to the European Union and the adjustments to the Treaties on which the European Union is founded, signed on 16 April 2003 in Athens,

    having regard to Rules 180 and 181 of its Rules of Procedure,

    having regard to the report of the Committee on Constitutional Affairs (A5-0068/2004),

    1.

    Decides to restructure its Rules of Procedure in accordance with the new list of contents shown below;

    2.

    Decides to amend its Rules of Procedure as shown below;

    3.

    Decides that these amendments will enter into force on the first day of the first part-session following the 2004 elections to the European Parliament;

    4.

    Instructs its President to adapt the wording of Rule 1(2) of its Rules of Procedure in the light of the enlargement of the Union by adding, in the respective official languages, the official names used to refer to the representatives elected to the European Parliament in the Member States joining the Union on 1 May 2004;

    5.

    Decides, further, to change the date of 1 July 2004 scheduled for the entry into force of the new version of Rule 29(2) of the Rules of Procedure to take account of the date of enlargement, which is now known, and to fix the date for the entry into force of that provision for 30 April 2004; this shall, however, be without prejudice to the continued existence of the current political groups until the end of the legislature;

    6.

    Instructs its Secretary-General to take the steps required to ensure that the restructured version of the Rules of Procedure which has been brought into line with the increased number of Members, pursuant to Rule 180(8), is available immediately after the 2004 elections to the European Parliament;

    7.

    Instructs its President to forward this decision, for information, to the Council and Commission.

    Amendment 1

    (Proposal for a restructuring of the Rules of Procedure)

    (The current numbering of the chapters and rules is given in brackets and italics)

    TITLE I

    MEMBERS, PARLIAMENT BODIES AND POLITICAL GROUPS

    CHAPTER 1

    MEMBERS OF THE EUROPEAN PARLIAMENT (Chapter I)

     

    Rule 1:

    The European Parliament (Rule 1)

     

    Rule 2:

    The independent mandate (Rule 2)

     

    Rule 3:

    Verification of credentials (Rule 7)

     

    Rule 4:

    Term of office of Members (Rule 8)

     

    Rule 5:

    Privileges and immunities (Rule 3)

     

    Rule 6:

    Waiver of immunity (Rule 6)

     

    Rule 7:

    Procedures on immunity (Rule 6a)

     

    Rule 8:

    Payment of expenses and allowances (Rule 5)

     

    Rule 9:

    Code of conduct (Rule 9)

     

    Rule 10:

    Internal investigations conducted by the European Anti-Fraud Office (OLAF) (Rule 9a)

    CHAPTER 2

    OFFICERS OF PARLIAMENT (Chapter III)

     

    Rule 11:

    Oldest Member (Rule 12)

     

    Rule 12:

    Nominations and general provisions (Rule 13)

     

    Rule 13:

    Election of President — opening address (Rule 14)

     

    Rule 14:

    Election of Vice-Presidents (Rule 15)

     

    Rule 15:

    Election of Quaestors (Rule 16)

     

    Rule 16:

    Term of office of Officers (Rule 17)

     

    Rule 17:

    Vacancies (Rule 18)

     

    Rule 18:

    Early termination of an office (Rule 185a)

    CHAPTER 3

    BODIES AND DUTIES (Chapter IV)

     

    Rule 19:

    Duties of the President (Rule 19)

     

    Rule 20:

    Duties of the Vice-Presidents (Rule 20)

     

    Rule 21:

    Composition of the Bureau (Rule 21)

     

    Rule 22:

    Duties of the Bureau (Rule 22)

     

    Rule 23:

    Composition of the Conference of Presidents (Rule 23)

     

    Rule 24:

    Duties of the Conference of Presidents (Rule 24)

     

    Rule 25:

    Duties of the Quaestors (Rule 25)

     

    Rule 26:

    Conference of Committee Chairmen (Rule 26)

     

    Rule 27:

    Conference of Delegation Chairmen (Rule 27)

     

    Rule 28:

    Accountability of the Bureau and the Conference of Presidents (Rule 28)

    CHAPTER 4

    POLITICAL GROUPS (Chapter V)

     

    Rule 29:

    Formation of political groups (Rule 29)

     

    Rule 30:

    Activities and legal situation of political groups (Rule 29a)

     

    Rule 31:

    Non-attached Members (Rule 30)

     

    Rule 32:

    Allocation of seats in the Chamber (Rule 31)

    TITLE II

    LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES

    CHAPTER 1

    LEGISLATIVE PROCEDURES — GENERAL PROVISIONS (Chapter VIII)

     

    Rule 33:

    Commission's legislative and work programme (Rule 57)

     

    Rule 34:

    Examination of respect for fundamental rights, the principles of subsidiarity and proportionality, the rule of law, and financial implications (Rule 58)

     

    Rule 35:

    Verification of legal basis (Rule 63)

     

    Rule 36:

    Verification of financial compatibility (Rule 63a)

     

    Rule 37:

    Access to documents and provision of information to Parliament (Rule 64)

     

    Rule 38:

    Representation of Parliament in Council meetings (Rule 62a)

     

    Rule 39:

    Initiative pursuant to Article 192 of the EC Treaty (Rule 59)

     

    Rule 40:

    Consideration of legislative documents (Rule 60)

     

    Rule 41:

    Consultation on initiatives originating from a Member Stat (Rule 61)

    CHAPTER 2

    PROCEDURE IN COMMITTEE

     

    Rule 42:

    Legislative reports (Rule 159)

     

    Rule 43:

    Simplified procedure (Rule 158)

     

    Rule 44:

    Non-legislative reports (Rule 160)

     

    Rule 45:

    Own-initiative reports (Rule 163)

     

    Rule 46:

    Opinions of committees (Rule 162)

     

    Rule 47:

    Enhanced cooperation between committees (Rule 162a)

     

    Rule 48:

    Drafting of reports (Rule 161)

    CHAPTER 3

    FIRST READING

     

    — Committee stage

     

    Rule 49:

    Modification of a Commission proposal (Rule 65)

     

    Rule 50:

    Commission and Council position on amendments (Rule 66)

     

    — Plenary stage

     

    Rule 51:

    Conclusion of first reading (Rule 67)

     

    Rule 52:

    Rejection of a Commission proposal (Rule 68)

     

    Rule 53:

    Adoption of amendments to a Commission proposal (Rule 69)

     

    — Follow-up procedure

     

    Rule 54:

    Follow-up to Parliament's opinion (Rule 70)

     

    Rule 55:

    Renewed referral to Parliament (Rule 71)

    Codecision procedure

    Other procedures

     

    Rule 56:

    Conciliation procedure contained in the 1975 joint declaration (Rule 72)

    CHAPTER 4

    SECOND READING

     

    — Committee stage

     

    Rule 57:

    Communication of the Council's common position (Rule 74)

     

    Rule 58:

    Extension of time limits (Rule 75)

     

    Rule 59:

    Referral to and procedure in the committee responsible (Rule 76)

     

    — Plenary stage

     

    Rule 60:

    Conclusion of second reading (Rule 77)

     

    Rule 61:

    Rejection of the Council's common position (Rule 79)

     

    Rule 62:

    Amendments to the Council's common position (Rule 80)

    CHAPTER 5

    THIRD READING

     

    — Conciliation

     

    Rule 63:

    Convening of Conciliation Committee (Rule 81)

     

    Rule 64:

    Delegation to Conciliation Committee (Rule 82)

     

    — Plenary stage

     

    Rule 65:

    Joint text (Rule 83)

    CHAPTER 6

    CONCLUSION OF THE LEGISLATIVE PROCEDURE

     

    Rule 66:

    First reading agreement (Rule 73)

     

    Rule 67:

    Second reading agreement (Rule 78)

     

    Rule 68:

    Signature of adopted acts (Rule 84)

    CHAPTER 7

    BUDGETARY PROCEDURES (Chapter IX)

     

    Rule 69:

    General Budget (Rule 92)

     

    Rule 70:

    Discharge to the Commission in respect of implementation of the budget (Rule 93)

     

    Rule 71:

    Other discharge procedures (Rule 93a)

     

    Rule 72:

    Parliamentary control over implementation of the budget (Rule 94)

    CHAPTER 8

    INTERNAL BUDGETARY PROCEDURES

     

    Rule 73:

    Estimates of Parliament (Rule 183)

     

    Rule 74:

    Power to incur and settle expenditure (Rule 184)

    CHAPTER 9

    ASSENT PROCEDURE

     

    Rule 75:

    Assent procedure (Rule 86)

    CHAPTER 10

    ENHANCED COOPERATION (Chapter XIV)

     

    Rule 76:

    Procedures in Parliament (Rule 109)

    CHAPTER 11

    OTHER PROCEDURES

     

    Rule 77:

    Procedure for delivering opinions pursuant to Article 122 of the EC Treaty (Rule 85)

     

    Rule 78:

    Procedures relating to dialogue between management and labour (Rule 87)

     

    Rule 79:

    Procedures relating to scrutiny of voluntary agreements (Rule 87a)

     

    Rule 80:

    Codification (Rule 89)

     

    Rule 81:

    Implementing provisions (Rule 88)

    CHAPTER 12

    TREATIES AND INTERNATIONAL AGREEMENTS (Chapter X and Chapter XI)

     

    Rule 82:

    Accession treaties (Rule 96)

     

    Rule 83:

    International agreements (Rule 97)

     

    Rule 84:

    Procedures based on Article 300 of the EC Treaty in the case of provisional application or the suspension of international agreements or the establishment of the Community position in a body set up by an international agreement (Rule 98)

    CHAPTER 13

    EXTERNAL REPRESENTATION OF THE UNION AND COMMON FOREIGN AND SECURITY POLICY (Chapter XI)

     

    Rule 85:

    Appointment of the High Representative for the common foreign and security policy (Rule 99)

     

    Rule 86:

    Appointment of special representatives for the purposes of the common foreign and security policy (Rule 100)

     

    Rule 87:

    Statements by the High Representative for the common foreign and security policy and by other special representatives (Rule 101)

     

    Rule 88:

    International representation (Rule 102)

     

    Rule 89:

    Consultation of and provision of information to Parliament within the framework of the common foreign and security policy (Rule 103)

     

    Rule 90:

    Recommendations within the framework of the common foreign and security policy (Rule 104)

     

    Rule 91:

    Breach of human rights (Rule 104a)

    CHAPTER 14

    POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS (Chapter XII)

     

    Rule 92:

    Provision of information to Parliament in the fields of police and judicial cooperation in criminal matters (Rule 105)

     

    Rule 93:

    Consultation of Parliament in the fields of police and judicial cooperation in criminal matters (Rule 106)

     

    Rule 94:

    Recommendations in the fields of police and judicial cooperation in criminal matters (Rule 107)

    CHAPTER 15

    BREACH BY A MEMBER STATE OF FUNDAMENTAL PRINCIPLES (Chapter XIII)

     

    Rule 95:

    Determination of a breach (Rule 108)

    TITLE III

    TRANSPARENCY OF BUSINESS (Chapter XXII)

     

    Rule 96:

    Transparency of Parliament's activities (Rule 171)

     

    Rule 97:

    Public access to documents (Rule 172)

    TITLE IV

    RELATIONS WITH THE OTHER INSTITUTIONS (Chapter VI)

    CHAPTER 1

    APPOINTMENTS

     

    Rule 98:

    Election of the President of the Commission (Rule 32)

     

    Rule 99:

    Election of the Commission (Rule 33)

     

    Rule 100:

    Motion of censure on the Commission (Rule 34)

     

    Rule 101:

    Appointment of the Members of the Court of Auditors (Rule 35)

     

    Rule 102:

    Appointment of the Members of the Executive Board of the European Central Bank (Rule 36)

    CHAPTER 2

    STATEMENTS

     

    Rule 103:

    Statements by the Commission, Council and European Council (Rule 37)

     

    Rule 104:

    Statements explaining Commission decisions (Rule 38)

     

    Rule 105:

    Statements by the Court of Auditors (Rule 39)

     

    Rule 106:

    Statements by the European Central Bank (Rule 40)

     

    Rule 107:

    Recommendation on the broad guidelines of economic policies (Rule 41)

    CHAPTER 3

    QUESTIONS TO THE COUNCIL, THE COMMISSION AND THE EUROPEAN CENTRAL BANK

     

    Rule 108:

    Questions for oral answer with debate (Rule 42)

     

    Rule 109:

    Question Time (Rule 43)

     

    Rule 110:

    Questions for written answer (Rule 44)

     

    Rule 111:

    Questions for written answer to the European Central Bank (Rule 40a)

    CHAPTER 4

    REPORTS OF OTHER INSTITUTIONS

     

    Rule 112:

    Annual reports and other reports of other institutions (Rule 47)

    CHAPTER 5

    RESOLUTIONS AND RECOMMENDATIONS

     

    Rule 113:

    Motions for resolutions (Rule 48)

     

    Rule 114:

    Recommendations to the Council (Rule 49)

     

    Rule 115:

    Debates on cases of breaches of human rights, democracy and the rule of law (Rule 50)

     

    Rule 116:

    Written declarations (Rule 51)

     

    Rule 117:

    Consultation of the European Economic and Social Committee (Rule 52)

     

    Rule 118:

    Consultation of the Committee of the Regions (Rule 53)

    CHAPTER 6

    INTERINSTITUTIONAL AGREEMENTS

     

    Rule 119:

    Interinstitutional agreements (Rule 54)

    CHAPTER 7

    REFERRALS TO THE COURT OF JUSTICE

     

    Rule 120:

    Proceedings before the Court of Justice (Rule 91)

     

    Rule 121:

    Consequences of the Council failing to act following approval of its common position under the cooperation procedure (Rule 90)

    TITLE V

    RELATIONS WITH THE NATIONAL PARLIAMENTS (Chapter VII)

     

    Rule 122:

    Exchange of information, contacts and reciprocal facilities (Rule 55)

     

    Rule 123:

    Conference of European Affairs Committees (COSAC) (Rule 56)

     

    Rule 124:

    Conference of Parliaments (Rule 56a)

    TITLE VI

    SESSIONS

    CHAPTER 1

    SESSIONS OF PARLIAMENT (Chapter II)

     

    Rule 125:

    Parliamentary term, sessions, part-sessions, sittings (Rule 10, paragraph 1)

     

    Rule 126:

    Convening of Parliament (Rule 10, paragraphs 2-5)

     

    Rule 127:

    Venue of sittings and meetings (Rule 11)

     

    Rule 128:

    Attendance of Members at sittings (Rule 4)

    CHAPTER 2

    ORDER OF BUSINESS OF PARLIAMENT (Chapter XV)

     

    Rule 129:

    Draft agenda (Rule 110)

     

    Rule 130:

    Procedure in plenary without amendment and debate (Rule 110a)

     

    Rule 131:

    Adopting and amending the agenda (Rule 111)

     

    Rule 132:

    Extraordinary debate (Rule 111a)

     

    Rule 133:

    Urgent procedure (Rule 112)

     

    Rule 134:

    Joint debate (Rule 113)

     

    Rule 135:

    Time limits (Rule 115)

    CHAPTER 3

    GENERAL RULES FOR THE CONDUCT OF SITTINGS (Chapter XVI)

     

    Rule 136:

    Access to the Chamber (Rule 116)

     

    Rule 137:

    Languages (Rule 117)

     

    Rule 138:

    Distribution of documents (Rule 118)

     

    Rule 139:

    Calling speakers and content of speeches (Rule 119)

     

    Rule 140:

    Allocation of speaking time (Rule 120)

     

    Rule 141:

    List of speakers (Rule 121)

     

    Rule 142:

    One-minute speeches (Rule 121a)

     

    Rule 143:

    Personal statements (Rule 122)

     

    Rule 144:

    Order in the Chamber (Rule 123)

     

    Rule 145:

    Exclusion of Members (Rule 124)

     

    Rule 146:

    Disturbances (Rule 125)

    CHAPTER 4

    QUORUM AND VOTING (Chapter XVII)

     

    Rule 147:

    Quorum (Rule 126)

     

    Rule 148:

    Tabling and moving amendments (Rule 139, not including first subparagraph of paragraph 1)

     

    Rule 149:

    Admissibility of amendments (Rule 140)

     

    Rule 150:

    Voting procedure (Rule 127)

     

    Rule 151:

    Tied votes (Rule 128)

     

    Rule 152:

    Principles governing voting (Rule 129)

     

    Rule 153:

    Order of voting on amendments (Rule 130)

     

    Rule 154:

    Committee consideration of plenary amendments (Rule 130a)

     

    Rule 155:

    Split voting (Rule 131)

     

    Rule 156:

    Right to vote (Rule 132)

     

    Rule 157:

    Voting (Rule 133)

     

    Rule 158:

    Voting by roll call (Rule 134)

     

    Rule 159:

    Electronic voting (Rule 135)

     

    Rule 160:

    Voting by secret ballot (Rule 136)

     

    Rule 161:

    Explanations of vote (Rule 137)

     

    Rule 162:

    Disputes on voting (Rule 138)

    CHAPTER 5

    INTERRUPTIVE AND PROCEDURAL MOTIONS (Chapter XVIII)

     

    Rule 163:

    Procedural motions (Rule 141)

     

    Rule 164:

    Points of order (Rule 142)

     

    Rule 165:

    Moving the inadmissibility of a matter (Rule 143)

     

    Rule 166:

    Referral back to committee (Rule 144)

     

    Rule 167:

    Closure of a debate (Rule 145)

     

    Rule 168:

    Adjournment of a debate and vote (Rule 146)

     

    Rule 169:

    Suspension or closure of the sitting (Rule 147)

    CHAPTER 6

    PUBLIC RECORD OF PROCEEDINGS

     

    Rule 170:

    Minutes (Rule 148)  (1)

     

    Rule 171:

    Verbatim reports (Rule 149)

    TITLE VII

    COMMITTEES AND DELEGATIONS

    CHAPTER 1

    COMMITTEES — SETTING UP AND POWERS (Chapter XX)

     

    Rule 172:

    Setting up of standing committees (Rule 150, paragraph 1)

     

    Rule 173:

    Setting up of temporary committees (Rule 150, paragraph 2)

     

    Rule 174:

    Committees of inquiry (Rule 151)

     

    Rule 175:

    Composition of committees (Rule 152)

     

    Rule 176:

    Substitutes (Rule 153)

     

    Rule 177:

    Duties of committees (Rule 154)

     

    Rule 178:

    Committee responsible for the verification of credentials (Rule 155)

     

    Rule 179:

    Subcommittees (Rule 156)

     

    Rule 180:

    Committee bureaux (Rule 157)

    CHAPTER 2

    COMMITTEES — FUNCTIONING (Chapter XX)

     

    Rule 181:

    Committee meetings (Rule 166)

     

    Rule 182:

    Minutes of committee meetings (Rule 167)

     

    Rule 183:

    Voting in committee (Rule 139, paragraph 1, first subparagraph, and Rule 165, paragraphs 1, 2, 3 and 5)

     

    Rule 184:

    Provisions concerning the plenary sitting applicable in committee (Rule 165, paragraph 4)

     

    Rule 185:

    Question Time in committee (Rule 164)

    CHAPTER 3

    INTERPARLIAMENTARY DELEGATIONS (Chapter XXI)

     

    Rule 186:

    Setting up and duties of interparliamentary delegations (Rule 168)

     

    Rule 187:

    Cooperation with the Parliamentary Assembly of the Council of Europe (Rule 169)

     

    Rule 188:

    Joint parliamentary committees (Rule 170)

    TITLE VIII

    PETITIONS (Chapter XXIII)

     

    Rule 189:

    Right of petition (Rule 174)

     

    Rule 190:

    Examination of petitions (Rule 175)

     

    Rule 191:

    Notice of petitions (Rule 176)

    TITLE IX

    OMBUDSMAN (Chapter XXIV)

     

    Rule 192:

    Appointment of the Ombudsman (Rule 177)

     

    Rule 193:

    Activities of the Ombudsman (Rule 179)

     

    Rule 194:

    Dismissal of the Ombudsman (Rule 178)

    TITLE X

    PARLIAMENT'S SECRETARIAT

     

    Rule 195:

    Secretariat (Rule 182)

    TITLE XI

    APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE (Chapter XXV)

     

    Rule 196:

    Application of the Rules of Procedure (Rule 180)

     

    Rule 197:

    Amendment of the Rules of Procedure (Rule 181)

    TITLE XII

    MISCELLANEOUS PROVISIONS (Chapter XXVII)

     

    Rule 198:

    Unfinished business (Rule 185)

     

    Rule 199:

    Arrangement of annexes (Rule 186)

    CURRENT TEXT

    AMENDEMENT

    Amendment 2

    Rule 91, paragraphs 1 and 2

    1. Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice for action by the institutions of the Union and by any natural or legal persons, examine Community legislation to ensure that its rights have been fully respected.

    1. Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice for action by the institutions of the Union and by any natural or legal persons, examine Community legislation and the implementing measures to ensure that the Treaties, in particular where Parliament's rights are concerned, have been fully respected.

    2. The committee responsible shall report to Parliament, orally if necessary, where it suspects a breach of Parliament's rights .

    2. The committee responsible shall report to Parliament, orally if necessary, where it suspects a breach of Community law .

    Amendment 3

    Rule 94, paragraph 1

    1. Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the committee responsible for budgetary control and the other committees concerned.

    1. Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the committees responsible for the budget and budgetary control and the other committees concerned.

    Amendment 4

    Rule 150, paragraph 2

    2. Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.

    2. On a proposal from the Conference of Presidents, Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.

    Amendment 5

    Rule 158, paragraph 3a (new)

     

    3a. The first and second sentences of paragraph 1, the first, second and third sentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 162.

    Amendment 6

    Rule 183, paragraph 6a (new)

     

    6a. The implementing provisions governing the procedure for drawing up Parliament's estimates shall be adopted by a majority of the votes cast and be annexed to these Rules.

    Amendment 7

    Annex IV, Article 7a (new)

     

    Article 7a

    Procedure to be applied when drawing up Parliament's estimates

    1. As regards problems relating to Parliament's budget, the Bureau and the committee responsible for the budget shall take decisions in successive stages on:

    (a)

    the establishment plan;

    (b)

    the preliminary draft and the draft estimates.

     

    2. The decisions concerning the establishment plan will be taken according to the following procedure:

    (a)

    the Bureau shall draw up the establishment plan for each financial year;

    (b)

    a conciliation procedure between the Bureau and the committee responsible for the budget shall be opened in cases where the opinion of the latter diverges from the initial decisions taken by the Bureau;

    (c)

    at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment plan, in accordance with Rule 182(3), without prejudice to decisions taken pursuant to Article 272 of the EC Treaty.

    3. As regards the estimates proper, the procedure for drawing up the estimates will begin as soon as the Bureau has taken a final decision on the establishment plan. The stages of this procedure will be those laid down in Rule 183, viz.:

    (a)

    the Bureau shall draw up the preliminary draft estimates of revenue and expenditure (paragraph 1);

    (b)

    the committee responsible for the budget shall draw up the draft estimates of revenue and expenditure (paragraph 2);

    (c)

    a conciliation procedure shall be opened in cases where the positions of the committee responsible for the budget and the Bureau are widely divergent.

    Amendment 8

    Annex V, Article 2, interpretation

    Amendments to the motion for a resolution to be put to the vote in plenary must be referred to the committee responsible for consideration.

    deleted


    (1)  For committee meetings see Rule 182 (Rule 167).

    P5_TA(2004)0146

    Official feed and food controls ***I

    European Parliament legislative resolution on the proposal for a European Parliament and Council Regulation on official feed and food controls (COM(2003) 52 — C5-0032/2003 — 2003/0030(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 52) (1),

    having regard to Articles 251(2), 37, 95 and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0032/2003),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Agriculture and Rural Development (A5-0449/2003),

    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.

    P5_TC1-COD(2003)0030

    Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of Regulation (EC) No .../2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty establishing the European Community, and in particular Articles 37, 95 and 152(4)(b) thereof,

    Having regard to the proposal from the Commission,

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

    Having regard to the Opinion of the Committee of the Regions (2),

    Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

    Whereas:

    (1)

    Feed and food should be safe and wholesome. Community legislation comprises a set of rules to ensure that this objective is attained. These rules extend to the production and the placing on the market of both feed and food.

    (2)

    The basic rules with regard to feed and food law are laid down in 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 (4).

    (3)

    In addition to those basic rules, more specific feed and food law covers different areas such as animal nutrition including medicated feedingstuffs, feed and food hygiene, zoonoses, animal by-products, residues and contaminants, control and eradication of animal diseases with a public health impact, feed and food labelling, pesticides, feed and food additives, vitamins, mineral salts, trace elements and other additives, materials in contact with food, quality and compositional requirements, drinking water, ionisation, novel foods and genetically modified organisms (GMOs).

    (4)

    Community feed and food law is based on the principle that feed and food business operators at all stages of production, processing and distribution within the businesses under their control are responsible for ensuring that feed and food satisfy the requirements of feed and food law which are relevant to their activities.

    (5)

    Animal health and animal welfare are important factors that contribute to the quality and safety of food, to the prevention of the spreading of animal diseases and to a humane treatment of animals. The rules covering these matters are laid down in several acts. These acts specify the obligations of natural and legal persons with regard to animal health and animal welfare as well as the duties of the competent authorities.

    (6)

    The Member States should enforce feed and food law, animal heath and animal welfare rules and monitor and verify that the relevant requirements thereof are fulfilled by business operators at all stages of production, processing and distribution. Official controls should be organised for that purpose.

    (7)

    It is therefore appropriate to establish at Community level a harmonised framework of general rules for the organisation of such controls. It is appropriate to assess in the light of experience whether such a general framework functions properly, in particular in the area of animal health and welfare. It is therefore appropriate for the Commission to present a report together with any necessary proposal.

    (8)

    As a general rule this Community framework should not include official controls with regard to organisms harmful to plants and plant products since these controls are already adequately covered by Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (5). Certain aspects of this Regulation should however also apply to the plant health sector and in particular those concerning the establishment of multi-annual national control plans and Community inspections within the Member States and in third countries. It is therefore appropriate to amend Directive 2000/29/EC accordingly.

    (9)

    Council Regulations (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (6), (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (7), and (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (8) contain specific measures for the verification of compliance with the requirements contained therein. The requirements of this Regulation should be flexible enough so as to take account of the specificity of these areas.

    (10)

    For the verification of compliance with the rules on the common organisation of the markets of agricultural products (arable crops, wine, olive oil, fruit and vegetables, hops, milk and milk products, beef and veal, sheepmeat and goatmeat and honey) a well established and specific control system is already in place. This Regulation should therefore not apply to these areas, all the more since the objectives of this Regulation differ from the objectives pursued by the control mechanisms for the common organisation of the markets of agricultural products.

    (11)

    The competent authorities for performing official controls should meet a number of operational criteria so as to ensure their impartiality and effectiveness. They should have a sufficient number of suitably qualified and experienced staff and possess adequate facilities and equipment to carry out their duties properly.

    (12)

    The official controls should be carried out using appropriate techniques developed for that purpose, including routine surveillance checks and more intensive controls such as inspections, verifications, audits, sampling and the testing of samples. The correct implementation of those techniques requires appropriate training of the staff performing official controls. Training is also required in order to ensure that the competent authorities take decisions in a uniform way, in particular with regard to the implementation of the Hazard Analysis and Critical Control Points (HACCP) principles.

    (13)

    The frequency of official controls should be regular and proportionate to the risk, taking into account the results of the checks carried out by feed and food business operators under HACCP based control programmes or Quality Assurance Programmes, where such programmes are designed to meet requirements of feed and food law, animal health and animal welfare rules. Ad hoc controls should be carried out in case of suspicion of non-compliance. Additionally ad hoc controls could be carried out at any time, even where there is no suspicion of non-compliance.

    (14)

    Official controls should take place on the basis of documented procedures so as to ensure that these controls are carried out uniformly and are of a consistently high quality.

    (15)

    The competent authorities should ensure that where different control units are involved in carrying out official controls, appropriate coordination procedures are in place and effectively implemented.

    (16)

    The competent authorities should also ensure that, where the competence to carry out official controls has been delegated from the central level to a regional or local level, there is effective and efficient coordination between the central level and that regional or local level.

    (17)

    Laboratories involved in the analysis of official samples should work in accordance with internationally approved procedures or criteria based performance standards and use methods of analysis that have as far as possible been validated. Such laboratories should in particular have equipment that enables the correct determination of standards such as maximum residue levels fixed by Community law.

    (18)

    The designation of Community and national reference laboratories should contribute to a high quality and uniformity of analytical results. This objective can be achieved by activities such as the application of validated analytical methods, ensuring that reference materials are available, the organisation of comparative testing and the training of staff from laboratories.

    (19)

    The activities of reference laboratories should cover all the areas of feed and food law and animal health, in particular those areas where there is a need for precise analytical and diagnostic results.

    (20)

    For a number of activities related to official controls, the European Committee for Standardisation (CEN) has developed European Standards (EN Standards) appropriate for the purpose of this Regulation. These EN Standards relate in particular to the operation and assessment of testing laboratories and to the operation and accreditation of control bodies. International standards have also been drawn up by the International Organisation for Standardisation (ISO) and the International Union of Pure and Applied Chemistry (IUPAC). These standards might, in certain well defined cases, be appropriate for the purposes of this Regulation, taking into account that performance criteria are laid down in feed and food law in order to ensure flexibility and cost effectiveness.

    (21)

    Provision should be made for delegating competence for performing specific control tasks from the competent authority to a control body, and for the conditions under which such delegation can take place.

    (22)

    Appropriate procedures should be available for the cooperation of the competent authorities in and between the Member States, in particular when official controls reveal that feed and food problems extend to more than one Member State. In order to facilitate such cooperation, Member States should designate one or more liaison bodies with the role of coordinating the transmission and reception of requests for assistance.

    (23)

    In accordance with Article 50 of Regulation (EC) No 178/2002, the Member States shall inform the Commission where information relating to the existence of a serious direct or indirect risk to human health deriving from food or feed is available.

    (24)

    It is important to create uniform procedures for the control of feed and food from third countries introduced into the territory of the Community, taking into account that harmonised import procedures have already been established for food of animal origin by virtue of Council Directive 97/78/EC (9), and for live animals by virtue of Council Directive 91/496/EEC (10). These existing procedures function properly and should be maintained.

    (25)

    The checks on feed and food from third countries referred to in Directive 97/78/EC are limited to veterinary aspects. It is necessary to supplement these checks with official controls on aspects that are not covered by veterinary checks, such as those on additives, labelling, traceability, irradiation of food and materials in contact with food.

    (26)

    Community legislation also provides for procedures for the control of imported feed by virtue of Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition (11). That Directive contains principles and procedures that must be applied by the Member States when releasing imported feed for free circulation.

    (27)

    It is appropriate to establish Community rules in order to ensure that feed and food from third countries is submitted to official controls before release for free circulation in the Community. Special attention should be paid to import controls of feed and food for which there may be an increased risk of contamination.

    (28)

    Provision should also be made for the organisation of official controls of feed and food that is introduced into the territory of the Community under customs procedures other than free circulation, and in particular those introduced under the customs procedures referred to in points (b) to (f) of Article 4(16) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (12), as well as their entry into a free zone or free warehouse. This includes the introduction of feed and food from third countries by passengers of international means of transport and through parcels sent by mail.

    (29)

    For the purpose of official controls on feed and food, it is necessary to define the territory of the Community in which the rules apply in order to ensure that feed and food that is introduced into this territory is submitted to the controls laid down by this Regulation. This territory is not necessarily the same as provided for in Article 299 of the Treaty, or as defined in Article 3 of Regulation (EEC) No 2913/92.

    (30)

    In order to ensure a more efficient organisation of the official controls on feed and food from third countries and in order to facilitate commercial flows, it may be necessary to designate specific points of entry for feed and food from third countries into the territory of the Community. Likewise, it may be necessary to require prior notification of the arrival of goods at the territory of the Community. It should be ensured that each designated point of entry has access to the appropriate facilities to operate controls within reasonable time limits.

    (31)

    In establishing rules on the official controls of feed and food from third countries, it should be ensured that the competent authorities and the customs services work together, taking into account the fact that rules to that effect already exist in Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in the case of products imported from third countries (13).

    (32)

    Adequate financial resources should be available for organising official controls. Hence, the competent authorities of the Member States should be able to levy the fees or charges to cover the costs incurred through official controls. In the process, the competent authorities of the Member States will be at liberty to establish the fees and charges as flat-rate amounts based on the costs incurred and taking the specific situation of the establishments into account. Where fees are imposed on operators, common principles should apply. It is appropriate therefore to lay down the criteria for setting the level of inspection fees. With regard to fees applicable for import controls, it is appropriate to establish directly the rates for main import items with a view to ensuring their uniform application and to avoiding trade distortions.

    (33)

    Community feed and food law provides for the registration or approval of certain feed and food businesses by the competent authority. This is particularly the case in Regulation (EC) No .../... of the European Parliament and of the Council of ... on the hygiene of foodstuffs (14), Regulation (EC) No .../... of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin (14), Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector (15) and the future Regulation on feed hygiene. Procedures should be put in place in order to ensure that registration and approval of feed and food businesses are carried out in an effective and transparent way.

    (34)

    In order to have a global and uniform approach with regard to official controls, Member States should establish and implement multi-annual national control plans in accordance with broad guidelines drawn up at Community level. These guidelines should promote coherent national strategies, and identify risk-based priorities and the most effective control procedures. A Community strategy should take a comprehensive, integrated approach to the operation of controls. In view of the nonbinding character of certain technical guidelines to be established it is appropriate to establish them by means of a consultative Committee procedure.

    (35)

    The multi-annual national control plans should cover feed and food law, and the legislation on animal health and animal welfare.

    (36)

    The multi-annual national control plans should establish a solid basis for the Commission inspection services to carry out controls in the Member States. The control plans should enable the Commission inspection services to verify whether the official controls in the Member States are organised in accordance with the criteria laid down in this Regulation. Where appropriate and, in particular, where the audit of the Member States against the multi-annual national control plans shows weaknesses or failures, detailed inspections and audits should be carried out.

    (37)

    Member States should be required to present an annual report to the Commission with information on the implementation of the multi-annual national control plans. This report should provide the results of the official controls and audits carried out during the previous year and, where necessary, an update of the initial control plan in response to these results.

    (38)

    Community controls in the Member States should allow the Commission control services to verify whether feed and food law and the legislation on animal health and animal welfare are implemented in a uniform and correct way throughout the Community.

    (39)

    Community controls in third countries are required in order to verify compliance or equivalence with Community feed and food law as well as with the legislation on animal health and, where appropriate, welfare. Third countries may also be requested to provide information on their control systems. This information, which should be established on the basis of Community guidelines, should form the basis for subsequent Commission controls, which should be carried out within a multidisciplinary framework covering the main sectors exporting to the Community. This evolution should allow a simplification of the current regime, enhance effective control cooperation, and consequently facilitate trade flows.

    (40)

    In order to ensure that imported goods comply with or are equivalent to Community feed and food law, it is necessary to establish procedures that allow the definition of import conditions and certification requirements as appropriate.

    (41)

    Breaches of feed and food law and of animal health and animal welfare rules may constitute a threat to human health, animal health, and animal welfare. Such breaches should therefore be subject to effective, dissuasive and proportionate measures at national level throughout the Community.

    (42)

    Such measures should include administrative action by the competent authorities in the Member States who should have procedures in place for that purpose. The advantage of such procedures is that quick action can be undertaken in order to restore the situation.

    (43)

    Operators should have a right to appeal against the decisions taken by the competent authority as a result of the official controls, and be informed of such a right.

    (44)

    It is appropriate to take account of the special needs of developing countries, and in particular of the least-developed countries, and to introduce measures to that effect. The Commission should be committed to support developing countries with regard to feed and food safety, which is an important element of human health and trade development. Such support should be organised in the context of the Community's Development Cooperation Policy.

    (45)

    The rules contained in this Regulation underpin the integrated and horizontal approach necessary to implement a coherent control policy on feed and food safety, animal health and animal welfare. There should be room however to develop specific control rules where required, for example with regard to the setting of maximum residue levels for certain contaminants at EC level. Likewise, more specific rules existing in the area of feed and food and animal health and animal welfare controls should be kept in place. These include in particular the following acts: Directive 96/22/EC (16), Directive 96/23/EC (17), Regulation (EC) No .../... (18), Regulation (EC) No 999/2001 (19), Regulation (EC) No 2160/2003 (20), Directive 86/362/EEC (21), Directive 90/642/EEC (22) and the implementing rules resulting therefrom, Directive 92/1/EEC (23), Directive 92/2/EEC (24), and acts on the control of animal diseases such as foot-and-mouth disease, swine fever etc., as well as requirements on the official controls on the welfare of animals.

    (46)

    This Regulation covers areas that are already covered in certain acts in force at present. It is appropriate therefore to repeal in particular the following acts on feed and food controls and to replace them by the rules of this Regulation: Council Directive 70/373/EEC (25); Council Directive 85/591/EEC (26); Council Directive 89/397/EEC (27); Council Directive 93/99/EEC (28); Council Decision 93/383/EEC (29); Council Directive 95/53/EC; Council Directive 96/43/EC (30); Council Decision 98/728/EC (31); and Council Decision 1999/313/EC (32).

    (47)

    In the light of this Regulation, Directive 96/23/EC, Directive 97/78/EC and Directive 2000/29/EC should be amended.

    (48)

    Since the objective of this Regulation, namely to ensure a harmonised approach with regard to official controls, cannot be sufficiently achieved by the Member States and can therefore, by reason of its complexity, its transborder character and, with regard to feed and food imports, its international character, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

    (49)

    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 (33),

    HAVE ADOPTED THIS REGULATION:

    TITLE I

    SUBJECT MATTER, SCOPE AND DEFINITIONS

    Article 1

    Subject matter and scope

    1.   This Regulation lays down general rules for the performance of official controls to verify compliance with rules aiming, in particular, at:

    (a)

    preventing, eliminating or reducing to acceptable levels risks to humans and animals, either directly or through the environment; and

    (b)

    guaranteeing fair practices in feed and food trade and protecting consumer interests, including feed and food labelling and other forms of consumer information.

    2.   This Regulation shall not apply to official controls for the verification of compliance with the rules on common market organisations of agricultural products.

    3.   This Regulation shall be without prejudice to specific Community provisions concerning official controls.

    4.   The performance of official controls pursuant to this Regulation shall be without prejudice to feed and food business operators' primary legal responsibility for ensuring feed and food safety, as laid down in Regulation (EC) No 178/2002, and any civil or criminal liability arising from the breach of their obligations.

    Article 2

    Definitions

    For the purposes of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002 shall apply.

    The following definitions shall also apply:

    1)

    ‘official control‧ means any form of control that the competent authority or the Community performs for the verification of compliance with feed and food law, animal health and animal welfare rules;

    2)

    ‘verification‧ means checking, by examination and the consideration of objective evidence, whether specified requirements have been fulfilled;

    3)

    ‘feed law‧ means the laws, regulations and administrative provisions governing feed in general and feed safety in particular, whether at Community or national level ; it covers all stages of production, processing and distribution of feed and the use of feed;

    4)

    ‘competent authority‧ means the central authority of a Member State competent for the organisation of official controls or any other authority to which that competence has been conferred; it shall also include, where appropriate, the corresponding authority of a third country;

    5)

    ‘control body‧ means an independent third party to which the competent authority has delegated certain control tasks;

    6)

    ‘audit‧ means a systematic and independent examination to determine whether activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives;

    7)

    ‘inspection‧ means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and animal welfare rules;

    8)

    ‘monitoring‧ means conducting a planned sequence of observations or measurements with a view to obtaining an overview of the state of compliance with feed or food law, animal health and animal welfare rules;

    9)

    ‘surveillance‧ means a careful observation of one or more feed or food businesses, feed or food business operators or their activities;

    10)

    ‘non-compliance‧ means non-compliance with feed or food law, and with the rules for the protection of animal health and welfare;

    11)

    ‘sampling for analysis‧ means taking feed or food or any other substance (including from the environment) relevant to the production, processing and distribution of feed or food or to the health of animals, in order to verify through analysis compliance with feed or food law or animal health rules;

    12)

    ‘official certification‧ means the procedure by which the competent authority or control bodies, authorised to act in such a capacity, provide written, electronic or equivalent assurance concerning compliance;

    13)

    ‘official detention‧ means the procedure by which the competent authority ensures that feed or food is not moved or tampered with pending a decision on its destination; it includes storage by feed and food business operators in accordance with instructions from the competent authority;

    14)

    ‘equivalence‧ means the capability of different systems or measures to meet the same objectives; and ‘equivalent‧ means different systems or measures capable of meeting the same objectives;

    15)

    ‘import‧ means the release for free circulation of feed or food or the intention to release feed or food for free circulation within the meaning of Article 79 of Regulation (EEC) No 2913/92 in one of the territories referred to in Annex I;

    16)

    ‘introduction‧ means import as defined in point 15 above, and the placing of goods under the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92, as well as their entry into a free zone or free warehouse;

    17)

    ‘documentary check‧ means the examination of commercial documents and, where appropriate, of documents required under feed or food law that are accompanying the consignment;

    18)

    ‘identity check‧ means a visual inspection to ensure that certificates or other documents accompanying the consignment tally with the labelling and the content of the consignment;

    19)

    ‘physical check‧ means a check on the feed or food itself which may include checks on the means of transport, on the packaging, labelling and temperature, the sampling for analysis and laboratory testing and any other check necessary to verify compliance with feed or food law;

    20)

    ‘control plan‧ means a description established by the competent authority containing general information on the structure and organisation of its official control systems.

    TITLE II

    OFFICIAL CONTROLS BY MEMBER STATES

    CHAPTER I:

    GENERAL OBLIGATIONS

    Article 3

    General obligations with regard to the organisation of official controls

    1.   Member States shall ensure that official controls are carried out regularly, on a risk basis and with appropriate frequency, so as to achieve the objectives of this Regulation taking account of:

    (a)

    identified risks associated with animals, feed or food, feed or food businesses, the use of feed or food or any process, material, substance, activity or operation that may influence feed or food safety, animal health or animal welfare;

    (b)

    feed or food business operators' past record as regards compliance with feed or food law or with animal health and animal welfare rules;

    (c)

    the reliability of any own checks that have already been carried out; and

    (d)

    any information that might indicate non-compliance.

    2.   Official controls shall be carried out without prior warning, except in cases such as audits where prior notification of the feed or food business operator is necessary.

    Official controls may also be carried out on an ad hoc basis.

    3.   Official controls shall be carried out at any of the stages of production, processing and distribution of feed or food and of animals and animal products. They shall include controls on feed and food businesses, on the use of feed and food, on the storage of feed and food, on any process, material, substance, activity or operation including transport applied to feed or food and on live animals, required to achieve the objectives of this Regulation.

    4.   Official controls shall be applied, with the same care, to exports outside the Community, to the placing on the market within the Community, and to introductions from third countries into the territories referred to in Annex I.

    5.   Member States shall take all necessary measures to ensure that products intended for dispatch to another Member State are controlled with the same care as those intended to be placed on the market in their own territory.

    6.   The competent authority of the Member State of destination may check compliance of feed and food with feed and food law by means of non-discriminatory checks. To the extent strictly necessary for the organisation of the official controls, Member States may ask operators who have goods delivered to them from another Member State to report the arrival of such goods.

    7.   If, during a check carried out at the place of destination or during storage or transport, a Member State establishes non-compliance, it shall take the appropriate measures, which may include re-dispatch to the Member State of origin.

    CHAPTER II:

    COMPETENT AUTHORITIES

    Article 4

    Designation of competent authorities and operational criteria

    1.   Member States shall designate the competent authorities responsible for the purposes and official controls set out in this Regulation.

    2.   The competent authorities shall ensure:

    (a)

    the effectiveness and appropriateness of official controls on live animals, feed and food at all stages of production, processing and distribution, and on the use of feed;

    (b)

    that staff carrying out official controls are free from any conflict of interest;

    (c)

    that they have, or have access to, an adequate laboratory capacity for testing and a sufficient number of suitably qualified and experienced staff so that official controls and control duties can be carried out efficiently and effectively;

    (d)

    that they have appropriate and properly maintained facilities and equipment to ensure that staff can perform official controls efficiently and effectively;

    (e)

    that they have the legal powers to carry out official controls and to take the measures provided for in this Regulation;

    (f)

    that they have contingency plans in place, and are prepared to operate such plans in the event of an emergency;

    (g)

    that the feed and food business operators are obliged to undergo any inspection carried out in accordance with this Regulation and to assist staff of the competent authority in the accomplishment of their tasks.

    3.   When a Member State confers the competence to carry out official controls on an authority or authorities other than a central competent authority, in particular those at regional or local level, efficient and effective coordination shall be ensured between all the competent authorities involved, including where appropriate in the field of environmental and health protection.

    4.   Competent authorities shall ensure the impartiality, quality and consistency of official controls at all levels. The criteria listed in paragraph 2 must be fully respected by every authority on which the competence to carry out official controls is conferred.

    5.   When, within a competent authority, more than one unit is competent to carry out official controls, efficient and effective coordination and cooperation shall be ensured between the different units.

    6.   Competent authorities shall carry out internal audits or may have external audits carried out, and shall take appropriate measures in the light of their results, to ensure that they are achieving the objectives of this Regulation . These audits shall be subject to independent scrutiny and shall be carried out in a transparent manner.

    7.   Detailed rules for the implementation of this Article may be adopted in accordance with the procedure referred to in Article 62(3).

    Article 5

    Delegation of specific tasks related to official controls

    1.   The competent authority may delegate specific tasks related to official controls to one or more control bodies in accordance with paragraphs 2 to 4.

    A list of tasks that may or may not be delegated may be established in accordance with the procedure referred to in Article 62(3).

    However, the activities referred to in Article 54 shall not be the subject of such a delegation.

    2.   The competent authority may delegate specific tasks to a particular control body only if:

    (a)

    there is an accurate description of the tasks that the control body may carry out and of the conditions under which it may carry them out;

    (b)

    there is proof that the control body:

    (i)

    has the expertise, equipment and infrastructure required to carry out the tasks delegated to it,

    (ii)

    has a sufficient number of suitably qualified and experienced staff, and

    (iii)

    is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it;

    (c)

    the control body works and is accredited in accordance with European Standard EN 45004 ‘General criteria for the operation of various types of bodies performing inspection‧ and/or another standard if more relevant to the delegated tasks in question;

    (d)

    laboratories operate in accordance with the standards referred to in Article 12(2);

    (e)

    the control body communicates the results of the controls carried out to the competent authority on a regular basis and whenever the competent authority so requests. If the results of the controls indicate non-compliance or point to the likelihood of non-compliance, the control body shall immediately inform the competent authority;

    (f)

    there is efficient and effective coordination between the delegating competent authority and the control body.

    3.   Competent authorities delegating specific tasks to control bodies shall organise audits or inspections of control bodies as necessary. If, as a result of an audit or an inspection, it appears that such bodies are failing to carry out properly the tasks delegated to them, the delegating competent authority may withdraw the delegation. It shall withdraw it without delay if the control body fails to take appropriate and timely remedial action.

    4.   Any Member State wishing to delegate a specific control task to a control body shall notify the Commission. This notification shall provide a detailed description of:

    (a)

    the competent authority that would delegate the task;

    (b)

    the task that it would delegate; and

    (c)

    the control body to which it would delegate the task.

    Article 6

    Staff performing official controls

    The competent authority shall ensure that all of its staff performing official controls:

    (a)

    receive, for their area of competence, appropriate training enabling them to undertake their duties competently and to carry out official controls in a consistent manner . This training shall cover as appropriate the areas referred to in Annex II, Chapter I;

    (b)

    keep up-to-date in their area of competence and receive regular additional training as necessary; and

    (c)

    have aptitude for multidisciplinary cooperation.

    Article 7

    Transparency and Confidentiality

    1.   The competent authorities shall ensure that they carry out their activities with a high level of transparency. For that purpose, relevant information held by them shall be made available to the public as soon as possible.

    In general, the public shall have access to:

    (a)

    information on the control activities of the competent authorities and their effectiveness, and

    (b)

    information pursuant to Article 10 of Regulation (EC) No 178/2002.

    2.   The competent authority shall take steps to ensure that members of their staff are required not to disclose information acquired when undertaking their official control duties which by its nature is covered by professional secrecy in duly justified cases. Protection of professional secrecy shall not prevent the dissemination by the competent authorities of information referred to in paragraph 1(b). The rules of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (34) remain unaffected.

    3.   Information covered by professional secrecy includes in particular:

    the confidentiality of preliminary investigation proceedings or of current legal proceedings;

    personal data;

    the documents covered by an exception in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (35);

    information protected by national and Community legislation concerning in particular professional secrecy, the confidentiality of deliberations, international relations and national defence.

    Article 8

    Control and verification procedures

    1.   Competent authorities shall carry out official controls in accordance with documented procedures. These procedures shall contain information and instructions for staff performing official controls including, inter alia, the areas referred to in Annex II, Chapter II.

    2.   Member States shall ensure that they have legal procedures in place in order to ensure that staff of the competent authorities have access to premises of and documentation kept by feed and food business operators so as to be able to accomplish their tasks properly.

    3.   Competent authorities shall have procedures in place:

    (a)

    to verify the effectiveness of official controls that they carry out; and

    (b)

    to ensure that corrective action is taken when needed and that the documentation referred to in paragraph 1 is updated as appropriate.

    4.   The Commission may establish guidelines for official controls in accordance with the procedure referred to in Article 62 (2).

    The guidelines may, in particular, contain recommendations concerning official controls on:

    (a)

    the implementation of HACCP principles;

    (b)

    management systems that feed or food business operators operate with a view to meeting the requirements of feed or food law;

    (c)

    the microbiological, physical and chemical safety of feed and food.

    Article 9

    Reports

    1.   The competent authority shall draw up reports on the official controls that it has carried out.

    2.   These reports shall include a description of the purpose of the official controls, the control methods applied, the results of the official controls and, where appropriate, action that the business operator concerned is to take.

    3.   The competent authority shall provide the business operator concerned with a copy of the report referred to in paragraph 2, at least in case of non-compliance.

    Article 10

    Control activities, methods and techniques

    1.   Tasks related to official controls shall, in general, be carried out using appropriate control methods and techniques such as monitoring, surveillance, verification, audit, inspection, sampling and analysis.

    2.   Official controls on feed and food shall include, inter alia, the following activities:

    (a)

    examination of any control systems that feed and food business operators have put in place and the results obtained;

    (b)

    inspection of:

    (i)

    primary producers' installations, feed and food businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport, as well as of feed and food;

    (ii)

    raw materials, ingredients, processing aids and other products used for the preparation and production of feed and food;

    (iii)

    semi-finished products;

    (iv)

    materials and articles intended to come into contact with food;

    (v)

    cleaning and maintenance products and processes, and pesticides;

    (vi)

    labelling, presentation and advertising;

    (c)

    checks on the hygiene conditions in feed and food businesses;

    (d)

    assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and HACCP, taking into account the use of guides established in accordance with Community legislation;

    (e)

    examination of written material and other records which may be relevant to the assessment of compliance with feed or food law;

    (f)

    interviews with feed and food business operators and with their staff;

    (g)

    the reading of values recorded by feed or food business measuring instruments;

    (h)

    controls carried out with the competent authority's own instruments to verify measurements taken by feed and food business operators;

    (i)

    any other activity required to ensure that the objectives of this Regulation are met.

    CHAPTER III:

    SAMPLING AND ANALYSIS

    Article 11

    Methods of sampling and analysis

    1.   Sampling and analysis methods used in the context of official controls shall comply with relevant Community rules or,

    (a)

    if no such rules exist, with internationally recognised rules or protocols, for example those that the European Committee for standardisation (CEN) has accepted or those agreed in national legislation; or,

    (b)

    in the absence of the above, with other methods fit for the intended purpose or developed in accordance with scientific protocols.

    2.   Where paragraph 1 does not apply, validation of methods of analysis may take place within a single laboratory according to an internationally accepted protocol.

    3.   Wherever possible, methods of analysis shall be characterised by the appropriate criteria set out in Annex III.

    4.   The following implementing measures may be taken in accordance with the procedure referred to in Article 62(3):

    (a)

    methods of sampling and analysis, including the confirmatory or reference methods to be used in the event of a dispute;

    (b)

    performance criteria, analysis parameters, measurement uncertainty and procedures for the validation of the methods referred to in (a); and

    (c)

    rules on the interpretation of results.

    5.   The competent authorities shall establish adequate procedures in order to guarantee the right of feed and food business operators whose products are subject to sampling and analysis to apply for a supplementary expert opinion, without prejudice to the obligation of competent authorities to take prompt action in case of emergency.

    6.   In particular, they shall ensure that feed and food business operators can obtain sufficient numbers of samples for a supplementary expert opinion, unless impossible in case of highly perishable products or very low quantity of available substrate.

    7.   Samples must be handled and labelled in such a way as to guarantee both their legal and analytical validity.

    Article 12

    Official laboratories

    1.   The competent authority shall designate laboratories that may carry out the analysis of samples taken during official controls.

    2.   However, competent authorities may only designate laboratories that operate and are assessed and accredited in accordance with the following European Standards:

    (a)

    EN ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories‧;

    (b)

    EN 45002 on ‘General criteria for the assessment of testing laboratories‧;

    (c)

    EN 45003 on ‘Calibration and testing laboratory accreditation system-General requirements for operation and recognition‧,

    taking into account criteria for different testing methods laid down in Community feed and food law.

    3.   The accreditation and assessment of testing laboratories referred to in paragraph 2 may relate to individual tests or groups of tests.

    4.   The competent authority may cancel the designation referred to in paragraph 1 when the conditions referred to in paragraph 2 are no longer fulfilled.

    CHAPTER IV:

    CRISIS MANAGEMENT

    Article 13

    Contingency plans for feed and food

    1.   For the implementation of the general plan for crisis management referred to in Article 55 of Regulation (EC) No 178/2002, Member States shall draw up operational contingency plans setting out measures to be implemented without delay when feed or food is found to pose a serious risk to humans or animals either directly or through the environment.

    2.   These contingency plans shall specify:

    (a)

    the administrative authorities to be engaged;

    (b)

    their powers and responsibilities; and

    (c)

    channels and procedures for sharing information between the relevant parties.

    3.   Member States shall review these contingency plans as appropriate, particularly in the light of changes in the organisation of the competent authority and of experience, including experience gained from simulation exercises.

    4.   Where necessary, implementing measures may be adopted in accordance with the procedure referred to in Article 62(3). Such measures shall establish harmonised rules for contingency plans to the extent necessary to ensure that such plans are compatible with the general plan for crisis management referred to in Article 55 of Regulation (EC) No 178/2002. They shall also indicate the role of stakeholders in the establishment and operation of contingency plans.

    CHAPTER V:

    OFFICIAL CONTROLS ON THE INTRODUCTION OF FEED AND FOOD FROM THIRD COUNTRIES

    Article 14

    Official controls on feed and food of animal origin

    1.   This Regulation shall not affect the requirements for veterinary checks on feed and food of animal origin provided for in Directive 97/78/EC. However, the competent authority designated in accordance with Directive 97/78/EC shall, in addition, carry out official controls to verify compliance with aspects of feed or food law that that Directive does not cover, as appropriate, including those aspects referred to in Title VI, Chapter II of this Regulation.

    2.   The general rules of Articles 18 to 25 of this Regulation shall also apply to official controls on all feed and food, including feed and food of animal origin.

    3.   Satisfactory results of checks on goods that are:

    (a)

    placed under one of the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92; or

    (b)

    to be handled in free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92,

    shall neither affect the duty of feed and food business operators to ensure that feed and food comply with feed and food law from the moment of release for free circulation nor prevent further official controls on the feed or food concerned from being carried out.

    Article 15

    Official controls on feed and food of non-animal origin

    1.   The competent authority shall carry out regular official controls on feed and food of non-animal origin not included in the scope of Directive 97/78/EC, imported into the territories referred to in Annex I. It shall organise these controls on the basis of the multi-annual national control plan drawn up in accordance with Articles 41 to 43 and in the light of potential risks. The controls shall cover all aspects of feed and food law.

    2.   These controls shall be carried out at an appropriate place, including the point of entry of the goods into one of the territories referred to in Annex I, the point of release for free circulation, warehouses, the premises of the importing feed and food business operator, or other points of the feed and food chain.

    3.   These controls may also be carried out on goods that are:

    (a)

    placed under one of the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92; or

    (b)

    to enter free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92.

    4.   Satisfactory results of checks referred to in paragraph 3 shall neither affect the duty of feed and food business operators to ensure that feed and food comply with feed and food law from the moment of release for free circulation nor prevent further official controls on the feed or food concerned from being carried out.

    5.   A list of feed and food of non-animal origin that is, on the basis of known or emerging risk, to be subject to an increased level of official controls at the point of entry into territories referred to in Annex I shall be drawn up and updated, in accordance with the procedure referred to in Article 62(3). The frequency and nature of these controls shall be laid down in accordance with the same procedure. At the same time, the fees related to such controls may be established in accordance with the same procedure.

    Article 16

    Types of checks on feed and food of non-animal origin

    1.   The official controls referred to in Article 15(1) shall include at least a systematic documentary check, a random identity check and, as appropriate, a physical check.

    2.   Physical checks shall be carried out at a frequency depending on:

    (a)

    the risks associated with different types of feed and food;

    (b)

    the history of compliance with the requirements for the product concerned of the third country and establishment of origin and of the feed or food business operators importing and exporting the product;

    (c)

    the controls that the feed or food business operator importing the product has carried out;

    (d)

    the guarantees that the competent authority of the third country of origin has given.

    3.   The Member States shall ensure that physical checks are carried out under appropriate conditions and at a place with access to appropriate control facilities allowing investigations to be conducted properly, a number of samples adapted to the risk management to be taken, and the feed and food to be handled hygienically. Samples must be handled in such a way as to guarantee both their legal and analytical validity. Member States shall ensure that the equipment and methodology are adequate for measuring the limit values laid down under Community or national legislation.

    Article 17

    Points of entry and prior notification

    1.   Member States shall, for the organisation of the official controls referred to in Article 15(5):

    designate particular points of entry in their territory which have access to the appropriate control facilities for different types of feed and food; and

    require feed and food business operators responsible for consignments to give prior notification of their arrival and nature.

    Member States may apply the same rules for other feed of non-animal origin.

    2.   Member States shall inform the Commission and other Member States of any measures that they take in accordance with paragraph 1.

    They shall design those measures in such a way as to avoid unnecessary disruption of trade.

    Article 18

    Action in case of suspicion

    In case of suspicion of non-compliance or if there is doubt as to the identity or the actual destination of the consignment, or as to the correspondence between the consignment and the certified guarantees, the competent authority shall carry out official controls in order to confirm or to eliminate the suspicion or doubt. The competent authority shall place the consignment concerned under official detention until it obtains the results of such official controls.

    Article 19

    Action following official controls on feed and food from third countries

    1.   The competent authority shall place under official detention feed or food from third countries that does not comply with feed or food law and, having heard the feed or food business operators responsible for the consignment, it shall take the following measures in respect of such feed or food:

    (a)

    order that such feed or food be destroyed, subjected to a special treatment in accordance with Article 20 or re-dispatched outside the Community in accordance with Article 21; other appropriate measures such as the use of feed or food for purposes other than those for which they were originally intended may also be taken.

    (b)

    if the feed or food has already been placed on the market, monitor or, if necessary, order its recall or withdrawal before taking one of the measures referred to above;

    (c)

    verify that feed and food does not give rise to any adverse effects on human or animal health, either directly or through the environment, during or pending the implementation of any of the measures referred to in subparagraphs (a) and (b).

    2.   If, however:

    (a)

    the official controls provided for in Articles 14 and 15 indicate that a consignment is injurious to human or animal health or unsafe, the competent authority shall place the consignment in question under official detention pending its destruction or any other appropriate measure necessary to protect human and animal health;

    (b)

    feed or food of non-animal origin for which an increased level of controls has been laid down in accordance with Article 15(5) is not presented for official controls, or is not presented in accordance with any specific requirements established in accordance with Article 17, the competent authority shall order that it be recalled and placed under official detention without delay and that it be then either destroyed or re-dispatched in accordance with Article 21.

    3.   When it does not permit the introduction of feed or food, the competent authority shall notify the Commission and other Member States of its findings and of the identification of the products concerned in accordance with the procedure provided for in Article 50(3) of Regulation (EC) No 178/2002 and shall notify its decisions to the customs services, together with information as regards the final destination of the consignment.

    4.   Decisions on consignments shall be subject to the right of appeal referred to in Article 54(3).

    Article 20

    Special treatment

    1.   The special treatment referred to in Article 19 may include:

    (a)

    treatment or processing to bring the feed or food into line with the requirements of Community law, or with the requirements of a third country of re-dispatch, including decontamination, where appropriate, but excluding dilution;

    (b)

    processing in any other suitable manner for purposes other than animal or human consumption.

    2.   The competent authority shall ensure that special treatment takes place in establishments under its control, or under the control of another Member State, and in accordance with conditions laid down in accordance with the procedure referred to in Article 62(3) or, in the absence of such conditions, with national rules.

    Article 21

    Re-dispatch of consignments

    1.   The competent authority shall allow re-dispatch of consignments only if:

    (a)

    the destination has been agreed with the feed or food business operator responsible for the consignment; and

    (b)

    the feed and food business operator has first informed the competent authority of the third country of origin or third country of destination, if different, of the reasons and circumstances preventing the placing on the market of the feed or food concerned within the Community; and

    (c)

    when the third country of destination is not the third country of origin, the competent authority of the third country of destination has notified the competent authority of its preparedness to accept the consignment.

    2.   Without prejudice to the national rules applicable with respect to the time limits for applying for a supplementary expert opinion, and where the results of official controls do not preclude it, re-dispatch shall, as a general rule, take place no more than 60 days after the day on which the competent authority decided on the destination of the consignment, unless legal action has been undertaken. If, after the expiry of the 60 day period, re-dispatch does not take place, the consignment shall be destroyed, unless a delay is justified.

    3.   Pending re-dispatch of consignments or confirmation of the reasons for rejection, the competent authority shall place consignments under official detention.

    4.   The competent authority shall notify the Commission and other Member States in accordance with the procedure provided for in Article 50(3) of Regulation (EC) No 178/2002 and shall notify its decisions to the customs services . Competent authorities shall cooperate in accordance with Title IV to take any further measures necessary to ensure that it is not possible to reintroduce the rejected consignments into the Community.

    Article 22

    Costs

    The feed or food business operator responsible for the consignment or its representative shall be liable for the costs incurred by competent authorities for the activities referred to in Articles 18, 19, 20 and 21.

    Article 23

    Approval of pre-export checks by third countries

    1.   Specific pre-export checks that a third country carries out on feed and food immediately prior to export to the Community with a view to verifying that the exported products satisfy Community requirements may be approved in accordance with the procedure referred to in Article 62(3). The approval may apply only to feed and food originating in the third country concerned and may be granted for one or more products.

    2.   Where such approval has been granted, the frequency of import controls for feed or food may be reduced as a consequence . However, Member States shall carry out official controls on feed and food imported in accordance with the approval referred to in paragraph 1 so as to ensure that the pre-export checks carried out in the third country remain effective.

    3.   The approval referred to in paragraph 1 may only be granted to a third country if:

    (a)

    a Community audit has shown that feed or food exported to the Community meets Community requirements, or equivalent requirements;

    (b)

    the controls carried out in the third country prior to dispatch are considered sufficiently effective and efficient as to replace or reduce the documentary, identity and physical checks laid down in Community law.

    4.   The approval referred to in paragraph 1 shall specify the competent authority of the third country under the responsibility of which the pre-export checks are performed and, if appropriate, any control body to which that competent authority may delegate certain tasks . Such delegation may be approved only if it meets the criteria of Article 5 or equivalent conditions.

    5.   The competent authority and any control body specified in the approval shall be responsible for contacts with the Community.

    6.   The competent authority or control body of the third country shall ensure the official certification of each consignment checked prior to its entry into one of the territories referred to in Annex I. The approval referred to in paragraph 1 shall specify a model for such certificates.

    7.   Without prejudice to Article 50(3) of Regulation (EC) No 178/2002, when official controls on imports subject to the procedure referred to in paragraph 2 reveal significant non-compliance, Member States shall immediately notify the Commission and other Member States and the operators concerned in accordance with the procedure provided for in Title IV of this Regulation; Member States shall increase the number of consignments checked and, where necessary to allow a proper analytical examination of the situation, keep an appropriate number of samples under appropriate storage conditions.

    8.   If it is found that, in a significant number of consignments, the goods do not correspond to the information in the certificates that the competent authority or control body of the third country has issued, the reduced frequency referred to in paragraph 2 shall no longer apply.

    Article 24

    Competent authorities and customs services

    1.   For the organisation of the official controls referred to in this Chapter, the competent authorities and the customs services shall cooperate closely.

    2.   With regard to consignments of feed and food of animal origin and of feed and food referred to in Article 15(5), customs services shall not allow their entry or handling in free zones or free warehouses without the agreement of the competent authority.

    3.   Where samples are taken, the competent authority shall inform the customs services and the operators concerned and indicate whether or not the goods can be released before the results of the analysis of the samples are available, provided the traceability of the consignment is ensured.

    4.   In the case of release for free circulation, competent authorities and customs services shall work together in accordance with the requirements laid down in Articles 2 to 6 of Regulation (EEC) No 339/93.

    Article 25

    Implementing measures

    1.   Measures necessary to ensure the uniform implementation of official controls on the introduction of feed and food shall be laid down in accordance with the procedure referred to in Article 62(3).

    2.   In particular, detailed rules may be laid down for:

    (a)

    feed and food imported or placed under one of the customs procedures referred to in Article 4(16)(b) to (f) of Regulation (EEC) No 2913/92 or that are to be handled in free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92;

    (b)

    food for the supply of the crew and passengers of international means of transport;

    (c)

    feed and food ordered remotely (for example, by mail, by telephone or via the internet) and delivered to the consumer;

    (d)

    feed intended for pets or horses and food carried by passengers and crew of international means of transport;

    (e)

    specific conditions or exemptions concerning certain territories referred to in Article 3 of Regulation (EEC) No 2913/92, so as to take account of the natural constraints specific to those territories;

    (f)

    the purpose of ensuring the consistency of decisions by competent authorities concerning feed and food from third countries within the framework of Article 19;

    (g)

    consignments of Community origin that are returned from a third country;

    (h)

    documents that must accompany consignments when samples have been taken.

    CHAPTER VI:

    FINANCING OF OFFICIAL CONTROLS

    Article 26

    General principle

    Member States shall ensure that adequate financial resources are available to provide the necessary staff and other resources for official controls by whatever means considered appropriate, including through general taxation or by establishing fees or charges.

    Article 27

    Fees or charges

    1.   Member States may collect fees or charges to cover the costs occasioned by official controls.

    2.   However, as regards the activities referred to in Annex IV, section A, and Annex V, section A, Member States shall ensure the collection of a fee.

    3.   Without prejudice to paragraphs 4 and 6, fees collected as regards the specific activities mentioned in Annex IV, section A and Annex V, section A shall not be lower than the minimum rates specified in Annex IV, section B and Annex V, section B. However, for a transitional period until 1 January 2008, as regards the activities referred to in Annex IV, section A, Member States may continue to use the rates currently applied pursuant to Directive 85/73/EEC.

    The rates in Annex IV, Section B and Annex V, Section B shall be updated at least every two years, in accordance with the procedure referred to in Article 62(3), in particular to take account of inflation.

    4.   Fees collected for the purposes of official controls in accordance with paragraph 1 or 2:

    (a)

    shall not be higher than the costs borne by the responsible competent authorities in relation to the items listed in Annex VI; and

    (b)

    may be fixed at a flat-rate on the basis of the costs borne by the competent authorities over a given period of time or, where applicable, at the amounts fixed in Annex IV, section B or in Annex V, section B.

    5.   In setting the fees Member States shall take into consideration:

    (a)

    the type of business concerned and relevant risk factors;

    (b)

    the interests of businesses with a low throughput;

    (c)

    traditional methods used for production, processing and distribution;

    (d)

    the needs of businesses located in regions subject to particular geographical constraints.

    6.   When, in view of own-check and tracing systems implemented by the feed or food business as well as of the level of compliance found during official controls, for a certain type of feed or food or activities, official controls are carried out with a reduced frequency or to take account of the criteria referred to in paragraph 5(b) to (d), Member States may set the official control fee below the minimum rates referred to in paragraph 4(b), provided that the Member State concerned provides the Commission with a report specifying:

    (a)

    the type of feed or food or activity concerned;

    (b)

    the controls performed in the feed and food business concerned; and

    (c)

    the method for calculating the reduction of the fee.

    7.   When the competent authority carries out several official controls at the same time in a single establishment, it shall consider these controls as a single activity and charge a single fee.

    8.   Fees relating to import controls are to be paid by the operator or his representative to the competent authority in charge of import controls.

    9.   Fees shall not directly or indirectly be refunded, unless unduly collected.

    10.   Without prejudice to the costs deriving from the expenses referred to in Article 28, Member States shall not collect any fees other than those referred to in this Article for the implementation of this Regulation.

    11.   Operators or other relevant businesses or their representatives shall receive proof of their payment of fees.

    12.   The Member States shall make public the method of calculation of fees and communicate it to the Commission. The Commission shall examine whether the fees comply with the requirements of this Regulation.

    Article 28

    Expenses arising from additional official controls

    When the detection of non-compliance leads to official controls that exceed the competent authority's normal control activities, the competent authority shall charge the operators responsible for the non-compliance, or may charge the operator owning or keeping the goods at the time when the additional official controls are carried out, for the expenses arising from the additional official controls. Normal control activities are the routine control activities required under Community or national law and, in particular, those described in the plan provided for in Article 41. Activities that exceed normal control activities include the taking and analysis of samples as well as other controls that are required to check the extent of a problem, to verify whether corrective action has been taken, or to detect and/or substantiate noncompliance.

    Article 29

    Level of expenses

    When setting the level of expenses referred to in Article 28, account shall be taken of the principles laid down in Article 27.

    CHAPTER VII:

    OTHER PROVISIONS

    Article 30

    Official certification

    1.   Without prejudice to requirements concerning official certification adopted for animal health or animal welfare purposes, requirements may be adopted, in accordance with the procedure referred to in Article 62(3), concerning:

    (a)

    the circumstances in which official certification is required;

    (b)

    model certificates;

    (c)

    qualifications of the certifying staff;

    (d)

    the principles to be respected to ensure reliable certification, including electronic certification;

    (e)

    the procedures to be followed in case of withdrawal of certificates and for replacement certificates;

    (f)

    consignments that are split into smaller consignments or that are mixed with other consignments;

    (g)

    documents that must follow goods after official controls have been carried out.

    2.   Where official certification is required, it shall be ensured that:

    (a)

    a link exists between the certificate and the consignment;

    (b)

    the information in the certificate is accurate and authentic.

    3.   A single model certificate shall, where appropriate, combine requirements concerning the official certification of feed and food and other requirements for official certification.

    Article 31

    Registration/approval of feed and food business establishments

    1.

    (a)

    Competent authorities shall establish procedures for feed and food business operators to follow when applying for the registration of their establishments in accordance with Regulation (EC) No .../... (36), Directive 95/69/EC, or with the future Regulation on feed hygiene;

    (b)

    They shall draw up and keep up-to-date a list of feed and food business operators which have been registered. Where such a list already exists for other purposes, it may also be used for the purposes of this Regulation.

    2.

    (a)

    Competent authorities shall establish procedures for feed and food business operators to follow when applying for the approval of their establishments in accordance with Regulation (EC) No .../... (37), Regulation (EC) No .../... (38), Directive 95/69/EC or with the future Regulation on feed hygiene;

    (b)

    Upon receipt of an application for approval from a feed or food business operator, the competent authority shall make an on-site visit;

    (c)

    It shall approve an establishment for the activities concerned only if the feed or food business operator has demonstrated that it complies with the relevant requirements of feed or food law;

    (d)

    The competent authority may grant conditional approval if it appears that the establishment meets all the infrastructure and equipment requirements. It shall grant full approval only if it appears from a new official control of the establishment, carried out within three months of granting conditional approval, that the establishment meets the other relevant requirements of feed or food law. If clear progress has been made but the establishment still does not meet all of the relevant requirements, the competent authority may prolong conditional approval. However, conditional approval shall not exceed a total of six months;

    (e)

    The competent authority shall keep the approval of establishments under review when carrying out official controls. If the competent authority identifies serious deficiencies or has to stop production at an establishment repeatedly and the feed or food business operator is not able to provide adequate guarantees regarding future production, the competent authority shall initiate procedures to withdraw the establishment's approval. However, the competent authority may suspend an establishment's approval if the feed or food business operator can guarantee that it will resolve deficiencies within a reasonable time;

    (f)

    The competent authorities shall maintain up-to-date lists of approved establishments and make them available to other Member States and to the public in a manner that may be specified in accordance with the procedure referred to in Article 62(3).

    TITLE III

    REFERENCE LABORATORIES

    Article 32

    Community reference laboratories

    1.   The Community reference laboratories for feed and food referred to in Annex VII shall be responsible for:

    (a)

    providing national reference laboratories with details of analytical methods, including reference methods;

    (b)

    coordinating application by the national reference laboratories of the methods referred to in (a), in particular by organising comparative testing and by ensuring an appropriate follow-up of such comparative testing in accordance with internationally accepted protocols, when available;

    (c)

    coordinating, within their area of competence, practical arrangements needed to apply new analytical methods and informing national reference laboratories of advances in this field;

    (d)

    conducting initial and further training courses for the benefit of staff from national reference laboratories and of experts from developing countries;

    (e)

    providing scientific and technical assistance to the Commission, especially in cases where Member States contest the results of analyses;

    (f)

    collaborating with laboratories responsible for analysing feed and food in third countries.

    2.   The Community reference laboratories in the animal health sector shall be responsible for:

    (a)

    coordinating the methods employed in the Member States for diagnosing diseases;

    (b)

    assisting actively in the diagnosis of disease outbreaks in Member States by receiving pathogen isolates for confirmatory diagnosis, characterisation and epizootic studies;

    (c)

    facilitating the initial or further training of experts in laboratory diagnosis with a view to the harmonisation of diagnostic techniques throughout the Community;

    (d)

    collaborating, as regards methods of diagnosing animal diseases falling within their competence, with the competent laboratories in third countries where those diseases are prevalent:

    (e)

    conducting initial and further training courses for the benefit of staff from national reference laboratories and of experts from developing countries;

    3.   Article 12(2) and (3) shall apply to Community reference laboratories.

    4.   Community reference laboratories shall fulfil the following requirements. They must:

    (a)

    have suitably qualified staff with adequate training in diagnostic and analytical techniques applied in their area of competence;

    (b)

    possess the equipment and products needed to carry out the tasks assigned to them;

    (c)

    have an appropriate administrative infrastructure;

    (d)

    ensure that their staff respect the confidential nature of certain subjects, results or communications;

    (e)

    have sufficient knowledge of international standards and practices;

    (f)

    have available, if appropriate, an updated list of available reference substances and reagents and an updated list of manufacturers and suppliers of such substances and reagents;

    (g)

    take account of research activities at national and Community level;

    (h)

    have trained personnel available for emergency situations occurring within the Community.

    5.   Other Community reference laboratories relevant to the areas referred to in Article 1 may be included in Annex VII in accordance with the procedure referred to in Article 62(3). In accordance with the same procedure, Annex VII may be updated.

    6.   Additional responsibilities and tasks for Community reference laboratories may be laid down in accordance with the procedure referred to in Article 62(3).

    7.   Community reference laboratories may be granted a Community financial contribution in accordance with Article 28 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (39).

    8.   Community reference laboratories may be subject to Community controls to verify compliance with the requirements of this Regulation. If these controls find that a laboratory is not complying with those requirements or tasks for which they have been designated, necessary measures may be taken in accordance with the procedure referred to in Article 62(3).

    9.   Paragraphs 1 to 7 shall apply without prejudice to more specific rules, and in particular Chapter VI of Regulation (EC) No 999/2001 and Article 14 of Directive 96/23/EC.

    Article 33

    National reference laboratories

    1.   Member States shall arrange for the designation of one or more national reference laboratories for each Community reference laboratory referred to in Article 32. A Member State may designate a laboratory situated in another Member State or European Free Trade Association (EFTA) Member and a single laboratory may be the national reference laboratory for more than one Member State.

    2.   These national reference laboratories shall:

    (a)

    collaborate with the Community reference laboratory in their area of competence;

    (b)

    coordinate, for their area of competence, the activities of official laboratories responsible for the analysis of samples in accordance with Article 11;

    (c)

    where appropriate, organise comparative tests between the official national laboratories and ensure an appropriate follow-up of such comparative testing;

    (d)

    ensure the dissemination to the competent authority and official national laboratories of information that the Community reference laboratory supplies;

    (e)

    provide scientific and technical assistance to the competent authority for the implementation of coordinated control plans adopted in accordance with Article 53;

    (f)

    be responsible for carrying out other specific duties provided for in accordance with the procedure referred to in Article 62(3), without prejudice to existing additional national duties.

    3.   Article 12(2) and (3) shall apply to national reference laboratories.

    4.   Member States shall communicate the name and address of each national reference laboratory to the Commission, the relevant Community reference laboratory and other Member States.

    5.   Member States that have more than one national reference laboratory for a Community reference laboratory must ensure that these laboratories work closely together, so as to ensure efficient coordination between them, with other national laboratories and with the Community reference laboratory.

    6.   Additional responsibilities and tasks for national reference laboratories may be laid down in accordance with the procedure referred to in Article 62(3).

    7.   Paragraphs 1 to 5 shall apply without prejudice to more specific rules and in particular Chapter VI of Regulation (EC) No 999/2001 and Article 14 of Directive 96/23/EC.

    TITLE IV

    ADMINISTRATIVE ASSISTANCE AND COOPERATION IN THE AREAS OF FEED AND FOOD

    Article 34

    General principles

    1.   Where the outcome of official controls on feed and food requires action in more than one Member State, competent authorities in the Member States concerned shall provide each other with administrative assistance.

    2.   Competent authorities shall provide administrative assistance upon request, or spontaneously when the course of investigations so requires. Administrative assistance may include, where appropriate, participation in on-the-spot controls that the competent authority of another Member State carries out.

    3.   Articles 35 to 40 shall not prejudice national rules applicable to the release of documents that are the object of, or are related to, court proceedings, or rules aimed at the protection of natural or legal persons' commercial interests.

    Article 35

    Liaison bodies

    1.   Each Member State shall designate one or more liaison bodies to liaise as appropriate with other Member States' liaison bodies. The role of liaison bodies shall be to assist and coordinate communication between competent authorities and, in particular, the transmission and reception of requests for assistance.

    2.   Member States shall inform the Commission and other Member States of all the relevant details of their designated liaison bodies, and of any modification of these details.

    3.   Without prejudice to paragraph 1, the designation of liaison bodies shall not preclude direct contacts, exchange of information or cooperation between the staff of competent authorities in different Member States.

    4.   The competent authorities to which Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure correct application of the legislation on veterinary and zootechnical matters (40) applies, shall liaise as appropriate with the authorities operating under this Title.

    Article 36

    Assistance on request

    1.   Upon receiving a reasoned request, the requested competent authority shall ensure that the requesting competent authority is provided with all necessary information and documents enabling the latter to verify compliance with feed and food law within its jurisdiction. For that purpose, the requested competent authority shall arrange for the conduct of any administrative enquiries necessary to obtain such information and documents.

    2.   Information and documents provided pursuant to paragraph 1 shall be forwarded without undue delay. Documents may be transmitted in their original form or copies may be provided.

    3.   By agreement between the requesting authority and the requested authority, staff designated by the requesting authority may be present during administrative enquiries.

    Such enquiries shall always be carried out by staff of the requested authority.

    The requesting authority's staff may not, on their own initiative, exercise the powers of enquiry conferred on officials of the requested authority. They shall, however, have access to the same premises and documents as the latter, through their intermediary, and for the sole purpose of the administrative enquiry being carried out.

    4.   Staff of the requesting authority present in another Member State in accordance with paragraph 3 shall at all times be able to produce written authority stating their identity and their official capacity.

    Article 37

    Assistance without request

    1.   When a competent authority becomes aware of non-compliance, and if such non-compliance may have implications for another Member State or States, it shall pass such information to the other Member State(s) without prior request and without delay.

    2.   Member States receiving such information shall investigate the matter and inform the Member State that provided the information of the results of this investigation and, where appropriate, of any measures taken.

    Article 38

    Assistance in the event of non-compliance

    1.   If, during an official control carried out at the place of destination of the goods, or during their transport, the competent authority of the Member State of destination establishes that the goods do not comply with feed or food law in such a way as to create a risk to human or animal health or to constitute a serious infringement of feed or food law, it shall contact the competent authority of the Member State of dispatch without delay.

    2.   The competent authority of the Member State of dispatch shall investigate the matter, take all necessary measures and notify the competent authority of the Member State of destination of the nature of the investigations and official controls carried out, the decisions taken and the reasons for such decisions.

    3.   If the competent authority of the Member State of destination has reason to believe that such measures are inadequate, the two Member States' competent authorities shall together seek ways and means of remedying the situation including, if appropriate, a joint on-the-spot inspection carried out in accordance with Article 36(3) and (4). They shall inform the Commission if they are not able to agree on appropriate measures.

    Article 39

    Relations with third countries

    1.   When a competent authority receives information from a third country indicating non-compliance and/or a risk to human or animal health, that authority shall pass that information on to competent authorities in other Member States if it considers that they might be interested in it or if they request it. It shall also communicate such information to the Commission whenever it is of relevance at Community level.

    2.   If the third country has given a legal undertaking to provide the assistance required to gather evidence of the irregular nature of transactions that are or appear to be contrary to the relevant feed and food law, information obtained under this Regulation may be communicated to that third country, with the consent of the competent authorities that supplied the information, in accordance with laws applying to the communication of personal data to third countries.

    Article 40

    Coordinated assistance and follow up by the Commission

    1.   The Commission shall coordinate without delay the action undertaken by Member States when it, further to information received from Member States or from other sources, becomes aware of activities that are, or appear to be, contrary to feed or food law and are of particular interest at Community level, and in particular when:

    (a)

    such activities have, or might have, ramifications in several Member States;

    (b)

    it appears that similar activities have been carried out in several Member States; or

    (c)

    Member States are unable to agree on appropriate action to address non-compliance.

    2.   When official controls at destination show repeated non-compliance or other risks to humans, plants or animals from feed or food, either directly or through the environment, the competent authority of the Member State of destination shall inform the Commission and the competent authorities of the other Member States without delay.

    3.   The Commission may:

    (a)

    in collaboration with the Member State concerned, send an inspection team to carry out an official control on-the-spot;

    (b)

    request that the competent authority of the Member State of dispatch intensify relevant official controls and report on the action and measures taken.

    4.   Where the measures provided for in paragraphs 2 and 3 are taken to deal with repeated non-compliance by a feed or food business, the competent authority shall charge any expenses arising from such measures to the business in question.

    TITLE V

    CONTROL PLANS

    Article 41

    Multi-annual national control plans

    In order to ensure the effective implementation of Article 17(2) of Regulation (EC) No 178/2002, of animal health and animal welfare rules and of Article 45 of this Regulation, each Member State shall prepare a single integrated multi-annual national control plan.

    Article 42

    Principles for the preparation of multi-annual national control plans

    1.   Member States shall:

    (a)

    implement the plan referred to in Article 41 for the first time no later than 1 January 2007; and

    (b)

    regularly update it in the light of developments; and

    (c)

    provide the Commission with the latest version of the plan on request.

    2.   Each multi-annual national control plan shall contain general information on the structure and organisation of the systems of feed and food control, and of animal health and animal welfare control in the Member State concerned, in particular on:

    (a)

    the strategic objectives of the plan and on how the prioritisation of controls and allocation of resources reflect these objectives;

    (b)

    the risk categorisation of the activities concerned;

    (c)

    the designation of competent authorities and their tasks at central, regional and local level, and on resources available to these authorities;

    (d)

    the general organisation and management of official controls at national, regional and local level, including official controls in individual establishments;

    (e)

    control systems applied to different sectors and coordination between the different services of competent authorities responsible for official controls in these sectors;

    (f)

    where appropriate, the delegation of tasks to control bodies;

    (g)

    methods to ensure compliance with the operational criteria of Article 4(2);

    (h)

    the training of staff performing official controls referred to in Article 6;

    (i)

    the documented procedures referred to in Articles 8 and 9;

    (j)

    the organisation and operation of contingency plans for animal or food-borne disease emergencies, feed and food contamination incidents and other human health risks;

    (k)

    the organisation of cooperation and mutual assistance.

    3.   Multi-annual national control plans may be adjusted during their implementation. Amendments may be made in the light of, or in order to take account of, factors including:

    (a)

    new legislation;

    (b)

    the emergence of new diseases or other health risks;

    (c)

    significant changes to the structure, management or operation of the competent national authorities;

    (d)

    the results of Member States' official controls;

    (e)

    the results of Community controls carried out in accordance with Article 45;

    (f)

    any amendment of the guidelines referred to in Article 43;

    (g)

    scientific findings;

    (h)

    the outcome of 'audits performed by a third country in a Member State.

    Article 43

    Guidelines for multi-annual national control plans

    1.   The multi-annual national control plans referred to in Article 41 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2). These guidelines shall in particular:

    (a)

    promote a consistent, comprehensive and integrated approach to official controls of feed and food, animal health and animal welfare legislation, and embrace all sectors and all stages of the feed and food chain, including import and introduction;

    (b)

    identify risk-based priorities and criteria for the risk categorisation of the activities concerned and the most effective control procedures;

    (c)

    identify other priorities and the most effective control procedures;

    (d)

    identify the stages of production, processing and distribution of feed and food, including the use of feed, which will provide the most reliable and indicative information about compliance with feed and food law;

    (e)

    encourage the adoption of best practices at all levels of the control system;

    (f)

    encourage the development of effective controls on traceability systems;

    (g)

    provide advice on the development of systems to record the performance and results of control actions;

    (h)

    reflect relevant international bodies' standards and recommendations regarding the organisation and operation of official services;

    (i)

    lay down criteria for the conduct of the audits referred to in Article 4(6);

    (j)

    lay down the structure of, and information to be included in, the annual reports required in Article 44;

    (k)

    indicate the main performance indicators to be applied in assessing multi-annual national control plans.

    2.   Where necessary, the guidelines shall be adapted in the light of the analysis of annual reports that Member States submit in accordance with Article 44 or Community controls carried out in accordance with Article 45.

    Article 44

    Annual reports

    1.   One year after starting the implementation of multi-annual national control plans, and subsequently every year, Member States shall submit to the Commission a report indicating:

    (a)

    any amendments made to multi-annual national control plans to take account of the factors referred to in Article 42(3);

    (b)

    the results of controls and audits conducted in the previous year under the provisions of the multiannual national control plan;

    (c)

    the type and number of cases of non-compliance identified;

    (d)

    actions to ensure the effective operation of multi-annual national control plans, including enforcement action and its results.

    2.   In order to promote the consistent presentation of this report and in particular of the results of official controls, the information referred to in paragraph 1 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2).

    3.   Member States shall finalise their reports and transmit them to the Commission, within six months of the end of the year to which the reports relate.

    4.   In the light of the reports referred to in paragraph 1, the outcome of Community controls carried out in accordance with Article 45 and any other relevant information, the Commission shall establish an annual report on the overall operation of official controls in Member States. This report may, where appropriate, include recommendations on:

    (a)

    possible improvements to official control and audit systems in Member States, including their scope, management and implementation;

    (b)

    specific control actions concerning sectors or activities, regardless of whether these are covered by multi-annual national control plans;

    (c)

    coordinated plans aiming at addressing issues of particular interest.

    5.   Multi-annual national control plans and the related guidelines shall, where appropriate, be adapted on the basis of the conclusions and recommendations contained in the Commission's report.

    6.   The Commission shall submit its report to the European Parliament and the Council and make it available to the public.

    TITLE VI

    COMMUNITY ACTIVITIES

    CHAPTER I:

    COMMUNITY CONTROLS

    Article 45

    Community controls in Member States

    1.   Commission experts shall carry out general and specific audits in Member States. The Commission may appoint experts from Member States to assist its own experts. General and specific audits shall be organised in cooperation with Member States' competent authorities. Audits shall be carried out on a regular basis. Their main purpose shall be to verify that, overall, official controls take place in Member States in accordance with the multi-annual national control plans referred to in Article 41 and in compliance with Community law. For this purpose, and in order to facilitate the efficiency and effectiveness of the audits, the Commission may, in advance of carrying out such audits, request that the Member States provide, as soon as possible, up-to-date copies of national control plans.

    2.   Specific audits and inspections in one or more specific areas may supplement general audits. These specific audits and inspections shall in particular serve to:

    (a)

    verify the implementation of the multi-annual national control plan, feed and food law and animal health and animal welfare legislation and may include, as appropriate, on-the-spot inspections of official services and of facilities associated with the sector being audited;

    (b)

    verify the functioning and organisation of competent authorities;

    (c)

    investigate important or recurring problems in Member States;

    (d)

    investigate emergency situations, emerging problems or new developments in Member States.

    3.   The Commission shall report on the findings of each control carried out. Its report shall, if appropriate, contain recommendations for Member States on the improvement of compliance with feed and food law and animal health and animal welfare rules. The Commission shall make its reports publicly available. In the case of reports on controls carried out in a Member State, the Commission shall provide the relevant competent authority with a draft report for comments, take those comments into consideration in preparing the final report and publish the competent authority's comments together with the final report.

    4.   The Commission shall establish an annual control programme, communicate it to Member States in advance, and report on its results. The Commission may amend the programme to take account of developments in the fields of feed and food safety, animal health, animal welfare and plant health.

    5.   Member States shall:

    (a)

    take appropriate follow-up action in the light of the recommendations resulting from Community controls;

    (b)

    give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out controls efficiently and effectively;

    (c)

    ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems, relevant to the execution of their duties.

    6.   Detailed rules concerning Community controls in Member States may be drawn up or amended in accordance with the procedure referred to in Article 62(3).

    Article 46

    Community controls in third countries

    1.   Commission experts may carry out official controls in third countries in order to verify, on the basis of the information referred to in Article 47(1), the compliance or equivalence of third country legislation and systems with Community feed and food law and Community animal health legislation. The Commission may appoint experts from Member States to assist its own experts. Such official controls shall have particular regard to:

    (a)

    the legislation of the third country;

    (b)

    the organisation of the third country's competent authorities, their powers and independence, the supervision to which they are subject and the authority they have to enforce the applicable legislation effectively;

    (c)

    the training of staff in the performance of official controls;

    (d)

    the resources including diagnostic facilities available to competent authorities;

    (e)

    the existence and operation of documented control procedures and control systems based on priorities;

    (f)

    where applicable, the situation regarding animal health, zoonoses and plant health, and procedures for notifying the Commission and relevant international bodies of outbreaks of animal and plant diseases;

    (g)

    the extent and operation of official controls on imports of animals, plants and their products;

    (h)

    the assurances which the third country can give regarding compliance with, or equivalence to, Community requirements.

    2.   In order to facilitate the efficiency and effectiveness of the controls in a third country, the Commission may, in advance of carrying out such controls, request that the third country concerned provide the information referred to in Article 47(1) and, where appropriate, the written records on the implementation of such controls.

    3.   The frequency of Community controls in third countries shall be determined on the basis of:

    (a)

    a risk assessment of the products exported to the Community;

    (b)

    the provisions of Community legislation;

    (c)

    the volume and nature of imports from the country concerned;

    (d)

    the results of controls that the Commission services or other inspection bodies have already carried out;

    (e)

    the results of import controls and of any other controls that competent authorities of Member States have carried out;

    (f)

    information received from the European Food Safety Authority or similar bodies;

    (g)

    information received from internationally recognised bodies such as the World Health Organisation (WHO), the Codex Alimentarius Commission and the World Organisation for Animal Health (OIE), or from other sources;

    (h)

    evidence of emerging disease situations or other circumstances that might result in live animals, live plants or feed or food imported from a third country presenting health risks;

    (i)

    the need to investigate or respond to emergency situations in individual third countries.

    The criteria for determining risk for the purpose of the risk assessment referred to in point (a) shall be decided in accordance with the procedure referred to in Article 62(3).

    4.   The procedure and detailed rules for controls in third countries may be determined or amended in accordance with the procedure referred to in Article 62(3).

    They shall include, in particular, procedures for and detailed rules on:

    (a)

    controls in third countries in the context of a bilateral agreement;

    (b)

    controls in other third countries.

    According to the same procedure, charges for the abovementioned controls may be established on a reciprocal basis.

    5.   If, during a Community control, a serious risk to human or animal health is identified, the Commission shall immediately take any necessary emergency measures in accordance with Article 53 of Regulation (EC) No 178/2002 or safeguard provisions in other relevant Community legislation.

    6.   The Commission shall report on the findings of each Community control carried out. Its report shall, if appropriate, contain recommendations. The Commission shall make its reports publicly available.

    7.   The Commission shall communicate its programme of controls in third countries to Member States in advance and report on the results. It may amend the programme to take account of developments in the fields of feed and food safety, animal health and plant health.

    CHAPTER II:

    IMPORT CONDITIONS

    Article 47

    General import conditions

    1.   The Commission shall be responsible for requesting third countries intending to export goods to the Community to provide the following accurate and up-to-date information on the general organisation and management of sanitary control systems:

    (a)

    any sanitary or phytosanitary regulations adopted or proposed within its territory;

    (b)

    any control and inspection procedures, production and quarantine treatment, pesticide tolerance and food additive approval procedures operated within its territory;

    (c)

    risk assessment procedures, factors taken into consideration, as well as the determination of the appropriate level of sanitary or phytosanitary protection;

    (d)

    where appropriate, the follow-up given to the recommendations made pursuant to controls referred to in Article 46.

    2.   The information referred to in paragraph 1 shall be proportionate to the nature of the goods and may take account of the specific situation and structure of the third country and the nature of the products exported to the Community. Its scope shall cover at least the goods intended to be exported to the Community.

    3.   The information referred to in paragraphs 1 and 2 may also relate to:

    (a)

    results of the national controls carried out on goods intended to be exported to the Community;

    (b)

    important changes which have been made to the structure and functioning of the relevant control systems, in particular to meet Community requirements or recommendations.

    4.   Where a third country does not provide such information or where such information is inadequate, specific import conditions may be fixed in accordance with the procedure referred to in Article 62(3) on a case by case and strictly temporary basis following consultations with the third country concerned.

    5.   Guidelines, specifying how the information referred to in paragraphs 1, 2 and 3 shall be drawn up and presented to the Commission, as well as transitional measures allowing time for third countries to prepare this information shall be established in accordance with the procedure referred to in Article 62(2).

    Article 48

    Specific import conditions

    1.   To the extent that the conditions and detailed procedures to be respected when importing goods from third countries or their regions are not provided for by Community law and in particular by Regulation (EC) No .../2004 (41), they shall, if necessary, be laid down in accordance with the procedure referred to in Article 62(3).

    2.   The conditions and detailed procedures referred to in paragraph 1 may include:

    (a)

    the establishment of a list of third countries from which specific products may be imported into one of the territories referred to in Annex I;

    (b)

    the establishment of models of certificates accompanying consignments;

    (c)

    special import conditions, depending on the type of product or animal and the possible risks associated therewith.

    3.   Third countries shall appear on the lists referred to in paragraph 2(a) only if their competent authorities provide appropriate guarantees as regards compliance or equivalence with Community feed and food law and animal health rules.

    4.   When drawing up or updating lists, particular account shall be taken of the following criteria:

    (a)

    the third country's legislation in the sector concerned;

    (b)

    the structure and organisation of the competent authority of the third country and its control services, as well as the powers available to it/them and the guarantees that can be provided with regard to the implementation of the legislation concerned;

    (c)

    the existence of adequate official controls;

    (d)

    the regularity and rapidity of information supplied by the third country on the presence of hazards in feed and food, and in live animals;

    (e)

    the guarantees given by a third country that:

    (i)

    conditions applied to the establishments from which feed and food may be imported in the Community comply with or are equivalent to the requirements in Community feed and food law;

    (ii)

    a list of such establishments is drawn up and kept up-to-date;

    (iii)

    the list of establishments and its updated versions are communicated to the Commission without delay;

    (iv)

    the establishments are the subject of regular and effective controls by the competent authority of the third country.

    5.   When adopting the special import conditions referred to in paragraph 2(c), account shall be taken of information that the third countries concerned have provided and, where necessary, the results of Community controls carried out in such third countries. Special import conditions may be established for a single product or for a group of products. They may apply to a single third country, to regions of a third country, or to a group of third countries.

    Article 49

    Equivalence

    1.   Following the implementation of an equivalence agreement, or a satisfactory audit, a decision may be taken, in accordance with the procedure referred to in Article 62(3), recognising that measures that third countries or their regions apply in specific areas offer guarantees equivalent to those applied in the Community, if the third countries supply objective proof in this respect.

    2.   The decision referred to in paragraph 1 shall set out the conditions governing the imports from that third country or region of a third country.

    The conditions may include:

    (a)

    the nature and content of the certificates that must accompany the products;

    (b)

    specific requirements applicable to importation into the Community;

    (c)

    where necessary, procedures for drawing up and amending lists of regions or establishments from which imports are permitted.

    3.   The decision referred to in paragraph 1 shall be repealed in accordance with the same procedure and without delay where any of the conditions for recognition of equivalence established at the time of its adoption cease to be fulfilled.

    Article 50

    Support for developing countries

    1.   In accordance with the procedure referred to in Article 62(3) the following measures may be adopted and maintained so long as they have a demonstrable effect in ensuring that developing countries are able to comply with the provisions of this Regulation:

    (a)

    a phased introduction of the requirements referred to in Article 47 and Article 48 for products exported to the Community. Progress in meeting these requirements shall be evaluated and taken into account in determining the need for specified time-limited exemptions in whole or in part from the requirements. The phased introduction shall also take into account the progress in building the institutional capacity referred to in paragraph 2;

    (b)

    assistance with providing the information referred to in Article 47, if necessary by Community experts;

    (c)

    the promotion of joint projects between developing countries and Member States;

    (d)

    the development of guidelines to assist developing countries in organising official controls on products exported to the Community;

    (e)

    sending Community experts to developing countries so as to assist in the organisation of official controls;

    (f)

    the participation of control staff from developing countries in the training courses referred to in Article 51.

    2.   In the context of the Community's Development Cooperation Policy, the Commission shall promote support to developing countries with regard to feed and food safety in general and compliance with feed and food standards in particular, in order to build the institutional capacity required to meet the requirements referred to in Articles 5, 12, 47 and 48.

    CHAPTER III:

    TRAINING OF CONTROL STAFF

    Article 51

    Training of control staff

    1.   The Commission may organise training courses for the staff of the competent authorities of Member States responsible for the official controls referred to in this Regulation. These training courses shall serve to develop a harmonised approach to official controls in Member States. They may include in particular training on:

    (a)

    Community feed and food law and animal health and animal welfare rules;

    (b)

    control methods and techniques, such as the auditing of systems that operators design to comply with feed and food law, animal health and animal welfare rules;

    (c)

    controls to be carried out on goods imported into the Community;

    (d)

    feed and food production, processing and marketing methods and techniques.

    2.   The training courses referred to in paragraph 1 may be open to participants from third countries, in particular developing countries.

    3.   Detailed rules for the organisation of training courses may be laid down in accordance with the procedure referred to in Article 62(3).

    CHAPTER IV:

    OTHER COMMUNITY ACTIVITIES

    Article 52

    Third country controls in Member States

    1.   Commission experts may, at the request of and in cooperation with the competent authorities of Member States, assist Member States during controls that third countries carry out.

    2.   In such cases, Member States in whose territory a third country is to carry out a control shall inform the Commission about the planning, scope, documentation and any other relevant information enabling the Commission to take part effectively in the control.

    3.   The Commission's assistance shall serve in particular to:

    (a)

    clarify Community feed and food law and animal health and animal welfare rules;

    (b)

    provide information and data available at Community level that may be useful for the control carried out by the third country;

    (c)

    ensure uniformity with regard to controls carried out by third countries.

    Article 53

    Coordinated control plans

    The Commission may recommend coordinated plans in accordance with the procedure referred to in Article 62(2). These plans shall be:

    (a)

    organised annually in accordance with a programme; and

    (b)

    where considered necessary, organised on an ad-hoc basis, in particular with a view to establishing the prevalence of hazards in feed, food or animals.

    TITLE VII

    ENFORCEMENT MEASURES

    CHAPTER I:

    NATIONAL ENFORCEMENT MEASURES

    Article 54

    Action in case of non-compliance

    1.   When the competent authority identifies non-compliance, it shall take action to ensure that the operator remedies the situation. When deciding which action to take, the competent authority shall take account of the nature of the non-compliance and that operator's past record with regard to non-compliance.

    2.   Such action shall include, where appropriate, the following measures:

    (a)

    the imposition of sanitation procedures or any other action deemed necessary to ensure the safety of feed or food or compliance with feed or food law, animal health or animal welfare rules;

    (b)

    the restriction or prohibition of the placing on the market, import or export of feed, food or animals;

    (c)

    monitoring and, if necessary, ordering the recall, withdrawal and/or destruction of feed or food;

    (d)

    the authorisation to use feed or food for purposes other than those for which they were originally intended;

    (e)

    the suspension of operation or closure of all or part of the business concerned for an appropriate period of time;

    (f)

    the suspension or withdrawal of the establishment's approval;

    (g)

    the measures referred to in Article 19 on consignments from third countries;

    (h)

    any other measure the competent authority deems appropriate.

    3.   The competent authority shall provide the operator concerned, or a representative, with:

    (a)

    written notification of its decision concerning the action to be taken in accordance with paragraph 1, together with the reasons for the decision; and

    (b)

    information on rights of appeal against such decisions and on the applicable procedure and time limits.

    4.   Where appropriate, the competent authority shall also notify the competent authority of the Member State of dispatch of its decision.

    5.   All expenditure incurred pursuant to this Article shall be borne by the responsible feed and food business operator.

    Article 55

    Sanctions

    1.   Member States shall lay down the rules on sanctions applicable to infringements of feed and food law and other Community provisions relating to the protection of animal health and welfare and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.

    2.   Member States shall notify the provisions applicable to infringements of feed and food law and any subsequent amendment to the Commission without delay.

    CHAPTER II:

    COMMUNITY ENFORCEMENT MEASURES

    Article 56

    Safeguard measures

    1.   Measures shall be taken under the procedures provided for in Article 53 of Regulation (EC) No 178/2002 if:

    (a)

    the Commission has evidence of a serious failure in a Member State's control systems; and

    (b)

    such failure may constitute a possible and widespread risk for human health, animal health or animal welfare, either directly or through the environment.

    2.   Such measures shall be adopted only after:

    (a)

    Community controls have shown and reported non-compliance with Community legislation; and

    (b)

    the Member State concerned has failed to correct the situation upon request and within the time limit set by the Commission.

    TITLE VIII

    ADAPTATION OF COMMUNITY LEGISLATION

    Article 57

    Amendment of Directive 96/23/EC

    Directive 96/23/EC is hereby amended as follows:

    1)

    In Article 14, paragraph 2 shall be replaced by the following:

    ‘2.   The Community reference laboratories shall be those referred to in the relevant part of Annex VII of Regulation (EC) No .../2004 of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (42).

    (42)  Not yet published in the OJ.‧"

    2)

    In Article 30, the part of paragraph 1 beginning ‘Where such additional checks demonstrate ...‧ and ending ‘or to use it for other purposes authorised by Community legislation, without indemnity or compensation‧, shall be replaced by the following:

    ‘Where checks demonstrate the presence of unauthorised substances or products or when maximum limits have been exceeded, the provisions of Articles 19 to 22 of Regulation (EC) No .../2004 ... (43) shall apply.‧

    3)

    Annex V shall be deleted.

    Article 58

    Amendment of Directive 97/78/EC

    Directive 97/78/EC is hereby amended as follows:

    1)

    Article 1 shall be replaced by the following:

    ‘Veterinary checks on products from third countries introduced into one of the territories listed in Annex I shall be carried out by Member States in accordance with this Directive and with Regulation (EC) No .../2004 of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (44).

    (44)  Not yet published in the OJ.‧"

    2)

    In Article 2, paragraph 2(a) shall be replaced by the following:

    ‘(a)

    “products” means the products of animal origin referred to in Directives 89/662/EEC and 90/425/EEC, in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (45), in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (46) and in Regulation (EC) No .../... of the European Parliament and of the Council of laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (47); it also includes the plant products referred to in Article 19;

    (45)  OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 808/2003 (OJ L 117, 13.5.2003, p. 1)."

    (46)  OJ L 18, 23.1.2003, p. 11."

    (47)  Not yet published in the OJ.‧"

    3)

    In Article 7(3), the words ‘inspection fees referred to in Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (amended and consolidated)‧ shall be replaced by the following:

    ‘inspection fees referred to in Regulation (EC) No .../2004 (48)

    4)

    In Article 10, paragraph 1 (b), the following phrase shall be deleted:

    ‘or, in the case of establishments approved in accordance with Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs, from an establishment which has undergone either a Community or a national inspection‧

    5)

    In Article 12, paragraph 9 shall be deleted;

    6)

    In Article 15, paragraph 5 shall be deleted;

    7)

    In Article 16, the following paragraph shall be inserted:

    ‘4.   Detailed rules for the introduction of products of animal origin for the supply of the crew and passengers of international means of transport, and for products of animal origin ordered remotely (for example, by mail, by telephone or via the internet) and delivered to the consumer, shall be laid down in accordance with Article 25 of Regulation (EC) No .../... (48);‧

    8)

    Article 21 shall be deleted;

    9)

    Article 23 shall be deleted;

    10)

    In Article 24, paragraph 1, second indent, the words ‘in accordance with Article 17(2) (a) and (b)‧ shall be replaced by the words ‘in accordance with Article 17‧.

    Article 59

    Amendment of Directive 2000/29/EC

    The following Article shall be inserted in Directive 2000/29/EC:

    ‘Article 27a

    For the purpose of this Directive and without prejudice of Article 21 thereof, Articles 41 to 46 of Regulation (EC) No .../... of the European Parliament and of the Council of ... on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (49) shall apply, as appropriate.

    Article 60

    Amendment of Regulation (EC) .../... (50)

    Regulation (EC) .../... (50) is hereby amended as follows:

    1)

    In Article 1, the following paragraph shall be added:

    ‘1a.   This Regulation shall apply in addition to Regulation (EC) No .../... of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (51).

    (51)  Not yet published in the OJ.‧"

    2)

    In Article 2:

    (a)

    in paragraph 1, subparagraphs (a), (b), (d) and (e) shall be deleted; and

    (b)

    the following subparagraph shall be added to paragraph 2:

    ‘Regulation (EC) No .../... (52)

    (52)  Not yet published in the OJ.‧"

    3)

    In Article 3:

    (a)

    paragraph 1 shall be replaced by the following:

    ‘1.   The competent authorities shall approve establishments when, and in the manner, specified in Article 31(2) of Regulation (EC) No .../... (50),‧

    and

    (b)

    paragraphs 4(a) and (b) and paragraph 6 shall be deleted.

    4)

    Article 9 shall be deleted.

    5)

    Article 10 shall be replaced with the following:

    ‘Article 10

    To ensure the uniform application of the principles and conditions laid down in Article 11 of Regulation (EC) No 178/2002 and Title VI, Chapter II, of Regulation (EC) No .../... (50) the procedures laid down in this Chapter shall apply.‧

    6)

    In Article 11:

    (a)

    paragraph 2 shall be replaced by the following:

    ‘2.   A third country shall appear on such lists only if a Community control in that country has taken place and demonstrates that the competent authority provides appropriate guarantees as specified in Article 48(3) of Regulation (EC) No .../... (53). However, a third country may appear on such lists without a Community control having taken place if:

    (a)

    the risk determined in accordance with Article 46(3)(a) of Regulation (EC) No .../... (52) does not warrant it; and

    (b)

    it is determined, when deciding to add a particular third country to a list in accordance with paragraph 1, that other information indicates that the competent authority provides the necessary guarantees.‧

    (b)

    in paragraph 4, the introduction shall be replaced by the following:

    ‘4.   When drawing up or updating lists, particular account shall be taken of the criteria listed in Articles 46 and 48(3) of Regulation (EC) No .../... (52). Regard shall also be had to:; and‧

    (c)

    subparagraphs (b) to (h) of paragraph 4 shall be deleted.

    7)

    Article 14(2)(b) shall be replaced by the following:

    ‘(b)

    any specific import conditions established in accordance with Article 48 of Regulation (EC) No .../... (52).‧

    8)

    In Article 18, points (17) to (20) shall be deleted.

    Article 61

    Repeal of Community acts

    1.   Directives 70/373/EEC, 85/591/EEC, 89/397/EEC, 93/99/EEC and 95/53/EC and Decisions 93/383/EEC, 98/728/EC and 1999/313/EC are hereby repealed with effect from 1 January 2006. Directive 85/73/EEC is hereby repealed with effect from 1 January 2008.

    2.   However, the implementing rules adopted on the basis of those acts, in particular those referred to in Annex VIII, shall remain in force insofar as they are not in contradiction with this Regulation, pending the adoption of the necessary provisions on the basis of this Regulation.

    3.   Reference to the repealed acts shall be construed as references to this Regulation.

    TITLE IX

    GENERAL PROVISIONS

    Article 62

    Committee procedure

    1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Article 58 of Regulation (EC) No 178/2002 or, where dealing with matters mainly relating to plant health, by the Standing Committee on plant health set up by Council Decision 76/894/EEC (54).

    2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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

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

    4.   The Committee shall adopt its rules of procedure.

    Article 63

    Implementing and transitional measures

    1.   Implementing and transitional measures necessary to ensure the uniform application of this Regulation may be laid down in accordance with the procedure referred to in Article 62(3).

    This applies in particular to:

    (a)

    the delegation of control tasks to control bodies referred to in Article 5, where these control bodies were already in operation before the entry into force of this Regulation;

    (b)

    any modification with regard to the standards referred to in Article 12(2);

    (c)

    the non-compliance referred to in Article 28 which gives rise to expenses arising from additional official controls;

    (d)

    expenditure incurred pursuant to Article 54;

    (e)

    rules on microbiological, physical and/or chemical analysis in official controls, in particular in case of suspicion of risk and including the surveillance of the safety of products imported from third countries;

    (f)

    defining what feed is to be considered as feed of animal origin for the purpose of this Regulation.

    2.   In order to take account of the specificity of Regulations (EEC) No 2092/91, (EEC) No 2081/92 and (EEC) No 2082/92, specific measures to be adopted in accordance with the procedure referred to in Article 62(3) may provide for the necessary derogations from and adjustments to the rules laid down in this Regulation.

    Article 64

    Amendment of Annexes and references to European Standards

    In accordance with the procedure referred to in Article 62(3):

    1)

    the Annexes to this Regulation may be updated, except for Annex I, Annex IV and Annex V, without prejudice to Article 27(3), in particular in order to take account of administrative changes and scientific and/or technological progress;

    2)

    the references to the European Standards referred to in this Regulation may be updated in the event that CEN amends these references.

    Article 65

    Report to the European Parliament and the Council

    1.   The Commission shall, not later than ... (55), submit a report to the European Parliament and the Council.

    2.   The report shall, in particular, review the experience gained from the application of this Regulation and consider in particular the following issues:

    (a)

    re-evaluating the scope, in relation to animal health and animal welfare;

    (b)

    ensuring that other sectors contribute to the financing of official controls by extending the list of activities referred to in Annex IV, section A and in Annex V, section A, and taking into account in particular the impact of the Community feed and food hygiene legislation after its adoption;

    (c)

    setting updated minimum rates for fees referred to in Annex IV, section B and in Annex V, section B, taking into account in particular risk factors.

    3.   The Commission shall, if appropriate, accompany the report with relevant proposals.

    Article 66

    Community financial support

    1.   The appropriations required for:

    (a)

    the travel and subsistence expenses that Member States' experts incur as a result of the Commission appointing them to assist its experts as provided for in Articles 45(1) and 46(1);

    (b)

    the training of control staff provided for in Article 51;

    (c)

    the financing of other measures necessary to ensure the application of this Regulation,

    shall be authorised each year in the framework of the budgetary procedure.

    2.   The measures referred to in paragraph 1(c) shall include in particular the organisation of conferences, the establishment of databases, the publication of information, the organisation of studies and the organisation of meetings to prepare the sessions of the Standing Committee on the Food Chain and Animal Health.

    3.   Technical support and a financial contribution from the Community for the organisation of the activities referred to in Article 50 may be granted within the limits of the human and financial resources available to the Commission.

    TITLE X

    FINAL PROVISION

    Article 67

    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 2006.

    However, Articles 27 and 28 shall apply from 1 January 2007.

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

    Done at ..., ...

    For the European Parliament

    The President

    For the Council

    The President


    (1)  OJ C 234, 30.9.2003, p. 25.

    (2)  OJ C 23, 27.1.2004, p. 14.

    (3)  Position of the European Parliament of 9 March 2004 (not yet published in the Official Journal).

    (4)  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

    (5)  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18).

    (6)  OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Regulation (EC) No 392/2004 (OJ L 65, 3.3.2004, p. 1).

    (7)  OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

    (8)  OJ L 208, 24.7.1992, p. 9. Regulation as last amended by Regulation (EC) No 806/2003.

    (9)  Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).

    (10)  Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (OJ L 268, 24.9.1991, p. 56). Directive as last amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1).

    (11)  OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the European Parliament and of the Council (OJ L 234, 1.9.2001, p. 55).

    (12)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17).

    (13)  OJ L 40, 17.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003.

    (14)  Not yet published in the OJ.

    (15)  OJ L 332, 30.12.1995, p. 15. Directive as last amended by Regulation (EC) No 806/2003.

    (16)  Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, (OJ L 125, 23.5.1996, p. 3). Directive as last amended by Directive 2003/74/EC of the European Parliament and of the Council (OJ L 262, 14.10.2003, p. 17).

    (17)  Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products (OJ L 125, 23.5.1996, p. 10). Directive as last amended by Regulation (EC) No 806/2003.

    (18)  Regulation (EC) No ..../... of the European Parliament and of the Council of [...] laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ: insert Reference to Regulation).

    (19)  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1). Regulation as last amended by Commission Regulation (EC) No 2245/2003 (OJ L 333, 20.12.2003, p. 28).

    (20)  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other food-borne zoonotic agents (OJ L 325, 12.12.2003, p.1).

    (21)  Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (OJ L 221, 7.8.1986, p. 37). Directive as last amended by Commission Directive 2004/2/EC (OJ L 14, 21.01.2004, p. 10).

    (22)  Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (OJ L 350, 14.12.1990, p. 71). Directive as last amended by Commission Directive 2004/2/EC.

    (23)  Commission Directive 92/1/EEC of 13 January 1992 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (OJ L 34, 11.2.1992, p. 28).

    (24)  Commission Directive 92/2/EEC of 13 January 1992 laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption (OJ L 34, 11.2.1992, p. 30).

    (25)  Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs (OJ L 170, 3.8.1970, p. 2). Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

    (26)  Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (OJ L 372, 31.12.1985, p. 50). Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

    (27)  Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ L 186, 30.6.1989, p. 23).

    (28)  Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (OJ L 290, 24.11.1993, p. 14). Directive as amended by Regulation (EC) No 1882/2003.

    (29)  Council Decision 93/383/EEC of 14 June 1993 of reference laboratories for the monitoring of marine biotoxines (OJ L 166, 8.7.1993, p. 31). Decision as amended by Decision 1999/312/EC (OJ L 120, 8.5.1999, p. 37).

    (30)  Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products (OJ L 162, 1.7.1996, p. 1).

    (31)  Council Decision 98/728/EC of 14 December 1998 concerning a Community system for fees in the animal feed sector (OJ L 346, 22.12.1998, p. 51).

    (32)  Council Decision 1999/313/EC of 29 April 1999 on reference laboratories for monitoring bacteriological and viral contamination of bivalve molluscs (OJ L 120, 8.5.1999, p. 40).

    (33)  OJ L 184, 17.7.1999, p. 23.

    (34)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.

    (35)  OJ L 145, 31.5.2001, p. 43.

    (36)  Regulation (EC) No .../... of the European Parliament and of the Council of ... (OJ L .., .., p. ..).

    (37)  Not yet published in the OJ.

    (38)  Regulation (EC) No .../... of the European Parliament and of the Council of ..., laying down specific hygiene rules for food of animal origin intended for human consumption, and amending Directives 89/662/EEC and 91/67/EEC (OJ L ...).

    (39)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003.

    (40)  OJ L 351, 2.12.1989, p. 34.

    (41)  Not yet published in the OJ.

    (43)  Not yet published in the OJ.

    (48)  Not yet published in the OJ.

    (50)  Not yet published in the OJ.

    (53)  Not yet published in the OJ.

    (54)  OJ L 340, 9.12.1976, p. 25.

    (55)  Three years after the entry into force of this Regulation.

    ANNEX I

    TERRITORIES REFERRED TO IN ARTICLE 2(15)

    1.

    The territory of the Kingdom of Belgium.

    2.

    The territory of the Kingdom of Denmark with the exception of the Faroe Islands and Greenland.

    3.

    The territory of the Federal Republic of Germany.

    4.

    The territory of the Kingdom of Spain with the exception of Ceuta and Melilla.

    5.

    The territory of the Hellenic Republic.

    6.

    The territory of the French Republic.

    7.

    The territory of Ireland.

    8.

    The territory of the Italian Republic.

    9.

    The territory of the Grand Duchy of Luxembourg.

    10.

    The territory of the Kingdom of the Netherlands in Europe.

    11.

    The territory of the Portuguese Republic.

    12.

    The territory of the United Kingdom of Great Britain and Northern Ireland.

    13.

    The territory of the Republic of Austria.

    14.

    The territory of the Republic of Finland.

    15.

    The territory of the Kingdom of Sweden.

    ANNEX II

    COMPETENT AUTHORITIES

    Chapter I: Subject matter for the training of staff performing official controls

    1.

    Different control techniques, such as auditing, sampling and inspection.

    2.

    Control procedures.

    3.

    Feed and food law.

    4.

    The different stages of production, processing and distribution, and the possible risks for human health, and where appropriate for the health of animals and plants and for the environment.

    5.

    Assessment of non-compliance with feed and food law.

    6.

    Hazards in animal, feed and food production.

    7.

    The evaluation of the application of HACCP procedures.

    8.

    Management systems such as quality assurance programmes that feed and food businesses operate and their assessment in so far as these are relevant for feed or food law requirements.

    9.

    Official certification systems.

    10.

    Contingency arrangements for emergencies, including communication between Member States and the Commission.

    11.

    Legal proceedings and implications of official controls.

    12.

    Examination of written, documentary material and other records, including those related to proficiency testing, accreditation and risk assessment, which may be relevant to the assessment of compliance with feed or food law; this may include financial and commercial aspects.

    13.

    Any other area, including animal health and animal welfare, necessary to ensure that official controls are carried out in accordance with this Regulation.

    CHAPTER II: SUBJECT AREAS FOR CONTROL PROCEDURES

    1.

    The organisation of the competent authority and the relationship between central competent authorities and authorities to which they have delegated tasks to carry out official controls.

    2.

    The relationship between competent authorities and control bodies to which they have delegated tasks related to official controls.

    3.

    A statement on the objectives to be achieved.

    4.

    Tasks, responsibilities and duties of staff.

    5.

    Sampling procedures, control methods and techniques, interpretation of results and consequent decisions.

    6.

    Monitoring and surveillance programmes.

    7.

    Mutual assistance in the event that official controls require more than one Member State to take action.

    8.

    Action to be taken following official controls.

    9.

    Cooperation with other services or departments that may have relevant responsibilities.

    10.

    Verification of the appropriateness of methods of sampling, methods of analysis and detection tests.

    11.

    Any other activity or information required for the effective functioning of the official controls.

    ANNEX III

    CHARACTERISATION OF METHODS OF ANALYSIS

    1.

    Methods of analysis should be characterised by the following criteria:

    (a)

    accuracy;

    (b)

    applicability (matrix and concentration range);

    (c)

    limit of detection;

    (d)

    limit of determination;

    (e)

    precision;

    (f)

    repeatability;

    (g)

    reproducibility;

    (h)

    recovery;

    (i)

    selectivity;

    (j)

    sensitivity;

    (k)

    linearity;

    (l)

    measurement uncertainty;

    (m)

    other criteria that may be selected as required.

    2.

    The precision values referred to in 1(e) shall either be obtained from a collaborative trial which has been conducted in accordance with an internationally recognised protocol on collaborative trials (e.g. ISO 5725:1994 or the IUPAC International Harmonised Protocol) or, where performance criteria for analytical methods have been established, be based on criteria compliance tests. The repeatability and reproducibility values shall be expressed in an internationally recognised form (e.g. the 95 % confidence intervals as defined by ISO 5725:1994 or IUPAC). The results from the collaborative trial shall be published or freely available.

    3.

    Methods of analysis which are applicable uniformly to various groups of commodities should be given preference over methods which apply only to individual commodities.

    4.

    In situations where methods of analysis can only be validated within a single laboratory then they should be validated in accordance with e.g. IUPAC Harmonised Guidelines, or where performance criteria for analytical methods have been established, be based on criteria compliance tests.

    5.

    Methods of analysis adopted under this Regulation should be edited in the standard layout for methods of analysis recommended by the ISO.

    ANNEX IV

    ACTIVITIES AND MINIMUM RATES FOR FEES OR CHARGES RELATED TO OFFICIAL CONTROLS IN RELATION TO COMMUNITY ESTABLISHMENTS

    SECTION A: ACTIVITIES

    1.

    The activities covered by Directives 89/662/EEC, 90/425/EEC, 93/119/EC and 96/23/EC for which Member States are currently collecting fees under Directive 85/73/EEC.

    2.

    The approval of feed establishments.

    SECTION B: MINIMUM RATES

    Member States shall collect for controls relating to the following list of products, at least the corresponding minimum rates for fees or charges.

    CHAPTER I:

    MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO SLAUGHTER INSPECTION

    (a)

    beef meat

     

     

    — adult bovine animals:

    5 EUR/animal

     

    — young bovine animals:

    2 EUR/animal

    (b)

    solipeds equidae:

    3 EUR/animal

    (c)

    pigmeat: animals of a carcass weight

     

     

    — of less than 25 kg:

    0,5 EUR/animal

     

    — equal to or greater than 25 kg:

    1 EUR/animal

    (d)

    sheepmeat and goatmeat: animals of a carcass weight

     

     

    — of less than 12 kg:

    0,15 EUR/animal

     

    — equal to or greater than 12 kg:

    0,25 EUR/animal

    (e)

    poultry meat

     

     

    — poultry of genus Gallus and guinea fowl:

    0,005 EUR/animal

     

    — ducks and geese:

    0,01 EUR/animal

     

    — turkeys:

    0,025 EUR/animal

     

    — farmed rabbit meat:

    0,005 EUR/animal.

    CHAPTER II

    MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO CUTTING PLANTS CONTROLS

    Per tonne of meat:

    beef, veal, pig, solipeds/equidae, sheep and goat meat:

    EUR 2

    — poultry and farmed rabbit meat:

    EUR 1,5

    — farmed and wild game meat:

    — small game birds and ground game:

    EUR 1,5

    — ratites meat (ostrich, emu, nandou):

    EUR 3

    — boars and ruminants:

    EUR 2.

    CHAPTER III

    MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO GAME PROCESSING HOUSES

    (a)

    small game birds:

    0,005 EUR/animal

    (b)

    small ground game:

    0,01 EUR/animal

    (c)

    ratites:

    0,5 EUR/animal

    (d)

    land mammals:

     

     

    — boar:

    1,5 EUR/animal

     

    — ruminants:

    0,5 EUR/animal

    CHAPTER IV

    MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO MILK PRODUCTION

    EUR 1 per 30 tonnes and

    EUR 0,5 per tonne, thereafter.

    CHAPTER V

    MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO THE PRODUCING AND PLACING ON THE MARKET OF FISHERY PRODUCTS AND AQUACULTURE PRODUCTS

    (a)

    first placing on the market of fishery and aquaculture products:

    1 EUR/tonne for the first 50 tonnes in the month;

    0,5 EUR/tonne thereafter.

    (b)

    first sale in fish market

    0,5 EUR/tonne for the first 50 tonnes in the month;

    0,25 EUR/tonne thereafter.

    (c)

    first sale in case of lack of or insufficient gradation for freshness and/or size in accordance with Regulation (EEC) No 103/76 and No 104/76:

    1 EUR/tonne for the first 50 tonnes in the month;

    0,5 EUR/tonne thereafter.

    The fees collected on the species referred to in Annex II to Commission Regulation (EEC) No 3703/85 must not exceed EUR 50 per consignment.

    Member States will collect 0,5 EUR/tonne for the processing of fishery and aquaculture products.

    ANNEX V

    ACTIVITIES AND MINIMUM RATES FOR FEES OR CHARGES RELATED TO THE OFFICIAL CONTROLS OF GOODS AND LIVE ANIMALS INTRODUCED INTO THE COMMUNITY

    SECTION A: ACTIVITIES OR CONTROLS

    The activities covered by Directives 97/78/EC and 91/496/EEC for which Member States are currently collecting fees under Directive 85/73/EEC.

    SECTION B: FEES OR CHARGES

    CHAPTER I:

    FEES APPLICABLE TO IMPORTED MEAT

    The minimum fee rates for the official control on the import of a consignment of meat are fixed at:

    EUR 55 per consignment, up to 6 tonnes, and

    EUR 9 per tonne, up to 46 tonnes, thereafter, or

    EUR 420 per consignment, over 46 tonnes.

    CHAPTER II

    FEES APPLICABLE TO IMPORTED FISHERY PRODUCTS

    1.

    The minimum fee for the official control on the import of a consignment of fishery products is fixed at:

    EUR 55 per consignment, up to 6 tonnes, and

    EUR 9 per tonne, up to 46 tonnes, thereafter, or

    EUR 420 per consignment, over 46 tonnes.

    2.

    The above amount for the official control on the import of a consignment of fishery products, transported as break bulk shipment, shall be:

    EUR 600 per vessel, with a cargo of fishery products up to 500 tonnes,

    EUR 1 200 per vessel, with a cargo of fishery products up to 1 000 tonnes,

    EUR 2 400 per vessel, with a cargo of fishery products up to 2 000 tonnes,

    EUR 3 600 per vessel, with a cargo of fishery products of more than 2 000 tonnes.

    3.

    In the case of fishery products caught in their natural environment directly landed by a fishing vessel flying the flag of a third country, the provisions laid down in Annex IV, Section B, Chapter V, point a) shall apply.

    CHAPTER III

    FEES OR CHARGES APPLICABLE TO MEAT PRODUCTS, POULTRY MEAT, WILD GAME MEAT, RABBIT MEAT, FARMED GAME MEAT, by-PRODUCTS AND FEED OF ANIMAL ORIGIN

    1.

    The minimum fee for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II or a consignment of by-products of animal origin or a consignment of feed, is fixed at:

    EUR 55 per consignment, up to 6 tonnes, and

    EUR 9 per tonne, up to 46 tonnes, thereafter, or

    EUR 420 per consignment, over 46 tonnes.

    2.

    The above amount for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II, a consignment of by-products of animal origin or a consignment of feed transported as break bulk shipment, shall be:

    EUR 600 per vessel, with a cargo of products up to 500 tonnes,

    EUR 1 200 per vessel, with a cargo of products up to 1 000 tonnes,

    EUR 2 400 per vessel, with a cargo of products up to 2 000 tonnes,

    EUR 3 600 per vessel, with a cargo products of more than 2 000 tonnes.

    CHAPTER IV

    FEES APPLICABLE TO TRANSIT THROUGH THE COMMUNITY OF GOODS AND LIVE ANIMALS

    The amount of fees or charges for the official control on the transit of goods and live animals through the Community is fixed at a minimum level of EUR 30, increased by EUR 20 per quarter of an hour for every member of staff involved in the controls.

    CHAPTER V

    FEES APPLICABLE TO IMPORTED LIVE ANIMALS

    1.

    The fee for the official control on the import of a consignment of live animals is fixed:

    (a)

    for bovine animals, equidae, pigs, sheep, goats, poultry, rabbits and small game birds or ground game and the following land mammals: wild boar and ruminants, at:

    EUR 55 per consignment, up to 6 tonnes, and

    EUR 9 per tonne, up to 46 tonnes, thereafter, or

    EUR 420 per consignment, over 46 tonnes,

    (b)

    for animals of other species at the actual cost of inspection expressed either per animal or per tonne imported, at:

    EUR 55 per consignment, up to 46 tonnes, or

    EUR 420 per consignment, over 46 tonnes,

    it being understood that this minimum does not apply to imports of species referred to in Commission Decision 92/432/EEC.

    2.

    At the request of a Member State, accompanied by appropriate supporting documents and in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, a lower level of fees may be applied to imports from certain third countries.

    ANNEX VI

    CRITERIA TO BE TAKEN INTO CONSIDERATION FOR THE CALCULATION OF FEES

    1.

    the salaries of the staff involved in the official controls;

    2.

    the costs for the staff involved in the official controls, including facilities, tools, equipment, training, travel and associated costs;

    3.

    the laboratory analysis and sampling costs.

    ANNEX VII

    COMMUNITY REFERENCE LABORATORIES

    I.

    Community reference laboratories for feed and food

    1.

    Community reference laboratory for milk and milk products

    AFSSA-LERHQA

    94700 Maisons-Alfort

    France

    2.

    Community reference laboratories for the analysis and testing of zoonoses (Salmonella)

    Rijksinstituut voor Volksgezondheid en Milieu (RIVM)

    3720 BA Bilthoven

    The Netherlands

    3.

    Community reference laboratory for the monitoring of marine biotoxins

    Ministerio de Sanidad y Consumo, Vigo, Spain.

    4.

    Community reference laboratory for monitoring the viral and bacteriological contamination of bivalve molluscs

    The laboratory of the Centre for Environment, Fisheries and Aquaculture Science, Weymouth, United Kingdom.

    5.

    Community reference laboratories for residues

    (a)

    For the residues listed in Annex I, Group A 1, 2, 3, 4, Group B 2 (d) and Group B 3 (d) to Council Directive 96/23/EC

    Rijksinstituut voor Volksgezondheid en Milieu (RIVM)

    NL-3720 BA Bilthoven, The Netherlands

    (b)

    For the residues listed in Annex I, Group B 1 and B 3 (e) to Council Directive 96/23/EC and carbadox and olaquidonx

    Laboratoires d'études et de recherche sur les médicaments vétérinaires

    AFSSA-Site de Fougères

    BP 90203, France

    (c)

    For the residues listed in Annex I, Group A 5 and Group B 2 (a), (b), (e) to Council Directive 96/23/EC

    Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL)

    Postfach 140162

    53056 Bonn, Germany

    (d)

    For the residues listed in Annex I, Group B 2 (c) and Group B 3 (a), (b), (c) to Council Directive 96/23/EC

    Istituto Superiore di Sanità

    I-00161 Roma, Italy

    6.

    Community reference laboratory for transmissible spongiform encephalopathies (TSEs)

    The laboratory referred to in Annex X, Chapter B of Regulation (EC) No 999/2001.

    7.

    Community reference laboratory for additives for use in animal nutrition

    The laboratory referred to in Annex II of Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1)

    8.

    Community reference laboratory for Genetically Modified Organisms (GMO)

    The laboratory referred to in the Annex to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2).

    9.

    Community reference laboratory for material intended to come into contact with foodstuffs

    The Joint Research Centre of the Commission

    II.

    Community reference laboratories for animal health p.m.


    (1)  OJ L 268, 18.10.2003, p. 29.

    (2)  OJ L 268, 18.10.2003, p. 1.

    ANNEX VIII

    IMPLEMENTING RULES THAT REMAIN IN FORCE PURSUANT TO ARTICLE 61

    1.

    Implementing rules based on Directive 70/373/EEC on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs.

    (a)

    First Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feedingstuffs (1);

    (b)

    Second Commission Directive 71/393/EEC of 18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs (2);

    (c)

    Third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs (3);

    (d)

    Fourth Commission Directive 73/46/EEC of 5 December 1972 establishing Community methods of analysis for the official control of feedingstuffs (4);

    (e)

    First Commission Directive 76/371/EEC of 1 March 1976 establishing Community methods of sampling for the official control of feedingstuffs (5);

    (f)

    Seventh Commission Directive 76/372/EEC of 1 March 1976 establishing Community methods of analysis for the official control of feedingstuffs (6);

    (g)

    Eight Commission Directive 78/633/EEC of 15 June 1978 establishing Community methods of analysis for the official control of feedingstuffs (7);

    (h)

    Ninth Commission Directive 81/715/EEC of 31 July 1981 establishing Community methods of analysis for the official control of feedingstuffs (8);

    (i)

    Tenth Commission Directive 84/425/EEC of 25 July 1984 establishing Community methods of analysis for the official control of feedingstuffs (9);

    (j)

    Eleventh Commission Directive 93/70/EEC of 28 July 1993 establishing Community methods of analysis for the official control of feedingstuffs (10);

    (k)

    Twelfth Commission Directive 93/117/EC of 17 December 1993 establishing Community methods of analysis for the official control of feedingstuffs (11);

    (l)

    Commission Directive 98/64/EC of 3 September 1998 establishing Community methods of analysis for the determination of amino-acids, crude oils and fats, and olaquindox in feedingstuffs (12);

    (m)

    Commission Directive 2003/126/EC of 23 December 2003 on the analytical method for the determination of constituents of animal origin for the official control of foodstuffs (13);

    (n)

    Commission Directive 1999/27/EC of 20 April 1999 establishing Community methods of analysis for the determination of amprolium, diclazuril and carbadox in feedingstuffs (14);

    (o)

    Commission Directive 1999/76/EC of 23 July 1999 establishing a Community method of analysis for the determination of lasalocid sodium in feedingstuffs (15);

    (p)

    Commission Directive 2000/45/EC of 6 July 2000 establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs (16);

    (q)

    Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (17).

    2.

    Implementing rules based on Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition

    Commission Directive 98/68/EC of 10 September 1998 laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feedingstuffs from third countries (18).


    (1)  OJ L 155, 12.7.1971, p. 13. Directive as last amended by Commission Directive 1999/27/EC (OJ L 118, 6.5.1999, p. 36).

    (2)  OJ L 279, 20.12.1971, p. 7. Directive as last amended by Commission Directive 98/64/EC (OJ L 257, 19.9.1998, p. 14).

    (3)  OJ L 123, 29.05.1972, p. 6. Directive as last amended by Commission Directive 1999/79/EC (OJ L 209, 7.8.1999, p. 23).

    (4)  OJ L 83, 30.3.1973, p. 21. Directive as last amended by Commission Directive 1999/27/EC.

    (5)  OJ L 102, 15.4.1976, p. 1.

    (6)  OJ L 102, 15.4.1976, p. 8. Directive as last amended by Commission Directive 94/14/EC (OJ L 94, 13.4.1994, p. 30).

    (7)  OJ L 206, 29.7.1978, p. 43. Directive as last amended by Commission Directive 84/4/EEC (OJ L 15, 18.1.1984, p. 28).

    (8)  OJ L 257, 10.9.1981, p. 38.

    (9)  OJ L 238, 6.9.1984, p. 34.

    (10)  OJ L 234, 17.9.1993, p. 17.

    (11)  OJ L 329, 30.12.1993, p. 54.

    (12)  OJ L 257, 19.9.1998, p. 14.

    (13)  OJ L 339, 24.12.2003, p. 78.

    (14)  OJ L 118, 6.5.1999, p. 36.

    (15)  OJ L 207, 6.8.1999, p. 13.

    (16)  OJ L 174, 13.7.2000, p. 32.

    (17)  OJ L 209, 6.8.2002, p. 15.

    (18)  OJ L 261, 24.9.1998, p. 32.

    P5_TA(2004)0147

    Intellectual property ***I

    European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights (COM(2003) 46 — C5-0055/2003 — 2003/0024(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 46) (1),

    having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0055/2003),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0468/2003),

    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.

    P5_TC1-COD(2003)0024

    Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on the enforcement of intellectual property rights

    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

    Having regard to the proposal from the Commission,

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

    After consulting the Committee of the Regions,

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

    Whereas:

    (1)

    The achievement of the Internal Market entails eliminating restrictions on freedom of movement and distortions of competition, while creating an environment conducive to innovation and investment. In this context, the protection of intellectual property is an essential element for the success of the Internal Market. The protection of intellectual property is important not only for promoting innovation and creativity, but also for developing employment and improving competitiveness.

    (2)

    The protection of intellectual property should allow the inventor or creator to derive a legitimate profit from his invention or creation. It should also allow the widest possible dissemination of works, ideas and new know-how. At the same time, it should not hamper freedom of expression, the free movement of information, or the protection of personal data, including on the Internet.

    (3)

    However, without effective means of enforcing intellectual property rights, innovation and creativity are discouraged and investment diminished. It is therefore necessary to ensure that the substantive law on intellectual property, which is nowadays largely part of the acquis communautaire, is applied effectively in the Community. In this respect, the means of enforcing intellectual property rights are of paramount importance for the success of the Internal Market.

    (4)

    At international level, all Member States, as well as the Community itself as regards matters within its competence, are bound by the Agreement on Trade-Related Aspects of Intellectual Property (the ‘TRIPS Agreement‧), approved, as part of the multilateral negotiations of the Uruguay Round, by Council Decision 94/800/EC (3) and concluded in the framework of the World Trade Organisation.

    (5)

    The TRIPS Agreement contains, in particular, provisions on the means of enforcing intellectual property rights, which are common standards applicable at international level and implemented in all Member States. This Directive should not affect Member States' international obligations, including those under the TRIPS Agreement.

    (6)

    There are also international conventions to which all Member States are parties and which also contain provisions on the means of enforcing intellectual property rights. These include, in particular, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.

    (7)

    It emerges from the consultations held by the Commission on this question that, in the Member States, and despite the TRIPS Agreement, there are still major disparities as regards the means of enforcing intellectual property rights. For instance, the arrangements for applying provisional measures, which are used in particular to preserve evidence, the calculation of damages, or the arrangements for applying injunctions, vary widely from one Member State to another. In some Member States, there are no measures, procedures and remedies such as the right of information and the recall, at the infringer's expense, of the infringing goods placed on the market.

    (8)

    The disparities between the systems of the Member States as regards the means of enforcing intellectual property rights are prejudicial to the proper functioning of the Internal Market and make it impossible to ensure that intellectual property rights enjoy an equivalent level of protection throughout the Community. This situation does not promote free movement within the Internal Market or create an environment conducive to healthy competition.

    (9)

    The current disparities also lead to a weakening of the substantive law on intellectual property and to a fragmentation of the Internal Market in this field. This causes a loss of confidence in the Internal Market in business circles, with a consequent reduction in investment in innovation and creation. Infringements of intellectual property rights appear to be increasingly linked to organised crime. Increasing use of the Internet enables pirated products to be distributed instantly around the globe. Effective enforcement of the substantive law on intellectual property should be ensured by specific action at Community level. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite for the proper functioning of the Internal Market.

    (10)

    The objective of this Directive is to approximate legislative systems so as to ensure a high, equivalent and homogeneous level of protection in the Internal Market.

    (11)

    This Directive does not aim to establish harmonised rules for judicial cooperation, jurisdiction, the recognition and enforcement of decisions in civil and commercial matters, or deal with applicable law. There are Community instruments which govern such matters in general terms and are, in principle, equally applicable to intellectual property.

    (12)

    This Directive should not affect the application of the rules of competition, and in particular Articles 81 and 82 of the Treaty. The measures provided for in this Directive should not be used to restrict unduly competition in a manner contrary to the Treaty.

    (13)

    It is necessary to define the scope of this Directive as widely as possible in order to encompass all the intellectual property rights covered by Community provisions in this field and/or by the national law of the Member State concerned. Nevertheless, that requirement does not affect the possibility, on the part of those Member States which so wish, to extend, for internal purposes, the provisions of this Directive to include acts involving unfair competition, including parasitic copies, or similar activities.

    (14)

    The measures provided for in Articles 6(2), 8(1) and 9(2) need to be applied only in respect of acts carried out on a commercial scale. This is without prejudice to the possibility for Member States to apply those measures also in respect of other acts. Acts carried out on a commercial scale are those carried out for direct or indirect economic or commercial advantage; this would normally exclude acts carried out by end-consumers acting in good faith.

    (15)

    This Directive should not affect substantive law on intellectual property, Directive 95/46/EC of 24 October 1995 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4), Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (5) and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (6).

    (16)

    The provisions of this Directive should be without prejudice to the particular provisions for the enforcement of rights and on exceptions in the domain of copyright and related rights set out in Community instruments and notably those found in Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (7) or in Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (8).

    (17)

    The measures, procedures and remedies provided for in this Directive should be determined in each case in such a manner as to take due account of the specific characteristics of that case, including the specific features of each intellectual property right and, where appropriate, the intentional or unintentional character of the infringement.

    (18)

    The persons entitled to request application of those measures, procedures and remedies should be not only the rightholders but also persons who have a direct interest and legal standing in so far as permitted by and in accordance with the applicable law, which may include professional organisations in charge of the management of those rights or for the defence of the collective and individual interests for which they are responsible.

    (19)

    Since copyright exists from the creation of a work and does not require formal registration, it is appropriate to adopt the rule laid down in Article 15 of the Berne Convention, which establishes the presumption whereby the author of a literary or artistic work is regarded as such if his name appears on the work. A similar presumption should be applied to the owners of related rights since it is often the holder of a related right, such as a phonogram producer, who will seek to defend rights and engage in fighting acts of piracy.

    (20)

    Given that evidence is an element of paramount importance for establishing the infringement of intellectual property rights, it is appropriate to ensure that effective means of presenting, obtaining and preserving evidence are available. The procedures should have regard to the rights of the defence and provide the necessary guarantees, including the protection of confidential information. For infringements committed on a commercial scale it is also important that the courts may order access, where appropriate, to banking, financial or commercial documents under the control of the alleged infringer.

    (21)

    Other measures designed to ensure a high level of protection exist in certain Member States and should be made available in all the Member States. This is the case with the right of information, which allows precise information to be obtained on the origin of the infringing goods or services, the distribution channels and the identity of any third parties involved in the infringement.

    (22)

    It is also essential to provide for provisional measures for the immediate termination of infringements, without awaiting a decision on the substance of the case, while observing the rights of the defence, ensuring the proportionality of the provisional measures as appropriate to the characteristics of the case in question and providing the guarantees needed to cover the costs and the injury caused to the defendant by an unjustified request. Such measures are particularly justified where any delay would cause irreparable harm to the holder of an intellectual property right.

    (23)

    Without prejudice to any other measures, procedures and remedies available, rightholders should have the possibility of applying for an injunction against an intermediary whose services are being used by a third party to infringe the rightholder's industrial property right. The conditions and procedures relating to such injunctions should be left to the national law of the Member States. As far as infringements of copyright and related rights are concerned, a comprehensive level of harmonisation is already provided for in Directive 2001/29/EC. Article 8(3) of Directive 2001/29/EC should therefore not be affected by this Directive.

    (24)

    Depending on the particular case, and if justified by the circumstances, the measures, procedures and remedies to be provided for should include prohibitory measures aimed at preventing further infringements of intellectual property rights. Moreover there should be corrective measures, where appropriate at the expense of the infringer, such as the recall and definitive removal from the channels of commerce, or destruction, of the infringing goods and, in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods. These corrective measures should take account of the interests of third parties including, in particular, consumers and private parties acting in good faith.

    (25)

    Where an infringement is committed unintentionally and without negligence and where the corrective measures or injunctions provided for by this Directive would be disproportionate, Member States should have the option of providing for the possibility, in appropriate cases, of pecuniary compensation being awarded to the injured party as an alternative measure. However, where the commercial use of counterfeit goods or the supply of services would constitute an infringement of law other than intellectual property law or would be likely to harm consumers, such use or supply should remain prohibited.

    (26)

    With a view to compensating for the prejudice suffered as a result of an infringement committed by an infringer who engaged in an activity in the knowledge, or with reasonable grounds for knowing, that it would give rise to such an infringement, the amount of damages awarded to the rightholder should take account of all appropriate aspects, such as loss of earnings incurred by the rightholder, or unfair profits made by the infringer and, where appropriate, any moral prejudice caused to the rightholder. As an alternative, for example where it would be difficult to determine the amount of the actual prejudice suffered, the amount of the damages might be derived from elements such as the royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question. The aim is not to introduce an obligation to provide for punitive damages but to allow for compensation based on an objective criterion while taking account of the expenses incurred by the rightholder, such as the costs of identification and research.

    (27)

    To act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large, it is useful to publicise decisions in intellectual property infringement cases.

    (28)

    In addition to the civil and administrative measures, procedures and remedies provided for under this Directive, criminal sanctions also constitute, in appropriate cases, a means of ensuring the enforcement of intellectual property rights.

    (29)

    Industry should take an active part in the fight against piracy and counterfeiting. The development of codes of conduct in the circles directly affected is a supplementary means of bolstering the regulatory framework. The Member States, in collaboration with the Commission, should encourage the development of codes of conduct in general. Monitoring of the manufacture of optical discs, particularly by means of an identification code embedded in discs produced in the Community, helps to limit infringements of intellectual property rights in this sector, which suffers from piracy on a large scale. However, these technical protection measures should not be misused to protect markets and prevent parallel imports.

    (30)

    In order to facilitate the uniform application of this Directive, it is appropriate to provide for systems of cooperation and the exchange of information between Member States, on the one hand, and between the Member States and the Commission on the other, in particular by creating a network of correspondents designated by the Member States and by providing regular reports assessing the application of this Directive and the effectiveness of the measures taken by the various national bodies.

    (31)

    Since, for the reasons already described, the objective of this Directive can best be achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

    (32)

    This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for intellectual property, in accordance with Article 17(2) of that Charter,

    HAVE ADOPTED THIS DIRECTIVE:

    CHAPTER I

    Objective and scope

    Article 1

    Subject-matter

    This Directive concerns the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights. For the purposes of this Directive, the term ‘intellectual property rights‧ includes industrial property rights.

    Article 2

    Scope

    1.   Without prejudice to the means which are or may be provided for in Community or national legislation, in so far as those means may be more favourable for rightholders, the measures, procedures and remedies provided for by this Directive shall apply, in accordance with Article 3, to any infringement of intellectual property rights as provided for by Community law and/or by the national law of the Member State concerned.

    2.   This Directive shall be without prejudice to the specific provisions on the enforcement of rights and on exceptions contained in Community legislation concerning copyright and rights related to copyright, notably those found in Directive 91/250/EEC and, in particular, Article 7 thereof or in Directive 2001/29/EC and, in particular, Articles 2 to 6 and Article 8 thereof.

    3.   This Directive shall not affect:

    (a)

    the Community provisions governing the substantive law on intellectual property, Directive 95/46/EC, Directive 1999/93/EC or Directive 2000/31/EC, in general, and Articles 12 to 15 of Directive 2000/31/EC in particular;

    (b)

    Member States' international obligations and notably the TRIPS Agreement, including those relating to criminal procedures and penalties;

    (c)

    any national provisions in Member States relating to criminal procedures or penalties in respect of infringement of intellectual property rights.

    CHAPTER II

    Measures, procedures and remedies

    Section 1

    General provisions

    Article 3

    General obligation

    1.   Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.

    2.   Those measures, procedures and remedies shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

    Article 4

    Persons entitled to apply for the application of the measures, procedures and remedies

    Member States shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Chapter:

    (a)

    the holders of intellectual property rights, in accordance with the provisions of the applicable law,

    (b)

    all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law,

    (c)

    intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law,

    (d)

    professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.

    Article 5

    Presumption of authorship or ownership

    For the purposes of applying the measures, procedures and remedies provided for in this Directive,

    (a)

    for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his name to appear on the work in the usual manner;

    (b)

    the provision under (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.

    Section 2

    Evidence

    Article 6

    Evidence

    1.   Member States shall ensure that, on application by a party which has presented reasonably available evidence sufficient to support its claims, and has, in substantiating those claims, specified evidence which lies in the control of the opposing party, the competent judicial authorities may order that such evidence be presented by the opposing party, subject to the protection of confidential information. For the purposes of this paragraph, Member States may provide that a reasonable sample of a substantial number of copies of a work or any other protected object be considered by the competent judicial authorities to constitute reasonable evidence.

    2.   Under the same conditions, in the case of an infringement committed on a commercial scale Member States shall take such measures as are necessary to enable the competent judicial authorities to order, where appropriate, on application by a party, the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.

    Article 7

    Measures for preserving evidence

    1.   Member States shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by a party who has presented reasonably available evidence to support his claims that his intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information. Such measures may include the detailed description, with or without the taking of samples, or the physical seizure of the infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto. Those measures shall be taken, if necessary without the other party having been heard, in particular where any delay is likely to cause irreparable harm to the rightholder or where there is a demonstrable risk of evidence being destroyed.

    Where measures to preserve evidence are adopted without the other party having been heard, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the parties affected with a view to deciding, within a reasonable period after the notification of the measures, whether the measures shall be modified, revoked or confirmed.

    2.   Member States shall ensure that the measures to preserve evidence may be subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant as provided for in paragraph 4.

    3.   Member States shall ensure that the measures to preserve evidence are revoked or otherwise cease to have effect, upon request of the defendant, without prejudice to the damages which may be claimed, if the applicant does not institute, within a reasonable period, proceedings leading to a decision on the merits of the case before the competent judicial authority, the period to be determined by the judicial authority ordering the measures where the law of a Member State so permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer.

    4.   Where the measures to preserve evidence are revoked, or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures.

    5.   Member States may take measures to protect witnesses' identity.

    Section 3

    Right of information

    Article 8

    Right of information

    1.   Member States shall ensure that, in the context of proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order that information on the origin and distribution networks of the goods or services which infringe an intellectual property right be provided by the infringer and/or any other person who:

    (a)

    was found in possession of the infringing goods on a commercial scale;

    (b)

    was found to be using the infringing services on a commercial scale;

    (c)

    was found to be providing on a commercial scale services used in infringing activities; or

    (d)

    was indicated by the person referred to in point (a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services.

    2.   The information referred to in paragraph 1 shall, as appropriate, comprise:

    (a)

    the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;

    (b)

    information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.

    3.   Paragraphs 1 and 2 shall apply without prejudice to other statutory provisions which:

    (a)

    grant the rightholder rights to receive fuller information;

    (b)

    govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

    (c)

    govern responsibility for misuse of the right of information; or

    (d)

    afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit to his own participation or that of his close relatives in an infringement of an intellectual property right; or

    (e)

    govern the protection of confidentiality of information sources or the processing of personal data.

    Section 4

    Provisional and precautionary measures

    Article 9

    Provisional and precautionary measures

    1.   Member States shall ensure that the judicial authorities may, at the request of the applicant:

    (a)

    issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by national law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the rightholder; an interlocutory injunction may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right; injunctions against intermediaries whose services are used by a third party to infringe a copyright or a related right are covered by Directive 2001/29/EC;

    (b)

    order the seizure or delivery up of the goods suspected of infringing an intellectual property right so as to prevent their entry into or movement within the channels of commerce.

    2.   In the case of an infringement committed on a commercial scale, the Member States shall ensure that, if the injured party demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of his bank accounts and other assets. To that end, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.

    3.   The judicial authorities shall, in respect of the measures referred to in paragraphs 1 and 2, have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the rightholder and that the applicant's right is being infringed, or that such infringement is imminent.

    4.   Member States shall ensure that the provisional measures referred to in paragraphs 1 and 2 may, in appropriate cases, be taken without the defendant having been heard, in particular where any delay would cause irreparable harm to the rightholder. In that event, the parties shall be so informed without delay after the execution of the measures at the latest.

    A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable time after notification of the measures, whether those measures shall be modified, revoked or confirmed.

    5.   Member States shall ensure that the provisional measures referred to in paragraphs 1 and 2 are revoked or otherwise cease to have effect, upon request of the defendant, if the applicant does not institute, within a reasonable period, proceedings leading to a decision on the merits of the case before the competent judicial authority, the period to be determined by the judicial authority ordering the measures where the law of a Member State so permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer.

    6.   The competent judicial authorities may make the provisional measures referred to in paragraphs 1 and 2 subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant as provided for in paragraph 7.

    7.   Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures.

    Section 5

    Measures resulting from a decision on the merits of the case

    Article 10

    Corrective measures

    1.   Without prejudice to any damages due to the rightholder by reason of the infringement, and without compensation of any sort, Member States shall ensure that the competent judicial authorities may order, at the request of the applicant, that appropriate measures be taken with regard to goods that they have found to be infringing an intellectual property right and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those goods. Such measures shall include:

    (a)

    recall from the channels of commerce,

    (b)

    definitive removal from the channels of commerce, or

    (c)

    destruction.

    2.   The judicial authorities shall order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

    3.   In considering a request for corrective measures, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.

    Article 11

    Injunctions

    Member States shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer an injunction aimed at prohibiting the continuation of the infringement. Where provided for by national law, non-compliance with an injunction shall, where appropriate, be subject to a recurring penalty payment, with a view to ensuring compliance. Member States shall also ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right, without prejudice to Article 8(3) of Directive 2001/29/EC.

    Article 12

    Alternative measures

    Member States may provide that, in appropriate cases and at the request of the person liable to be subject to the measures provided for in this Section, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in this Section if that person acted unintentionally and without negligence, if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

    Section 6

    Damages and legal costs

    Article 13

    Damages

    1.   Member States shall ensure that the competent judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the rightholder damages appropriate to the actual prejudice suffered by him as a result of the infringement.

    When the judicial authorities set the damages:

    (a)

    they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the rightholder by the infringement;

    or

    (b)

    as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

    2.   Where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity, Member States may lay down that the judicial authorities may order the recovery of profits or the payment of damages, which may be pre-established.

    Article 14

    Legal costs

    Member States shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity does not allow this.

    Section 7

    Publicity measures

    Article 15

    Publication of judicial decisions

    Member States shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part. Member States may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.

    CHAPTER III

    Sanctions by Member States

    Article 16

    Sanctions by Member States

    Without prejudice to the civil and administrative measures, procedures and remedies laid down by this Directive, Member States may apply other appropriate sanctions in cases where intellectual property rights have been infringed.

    CHAPTER IV

    Codes of conduct and administrative cooperation

    Article 17

    Codes of conduct

    Member States shall encourage:

    (a)

    the development by trade or professional associations or organisations of codes of conduct at Community level aimed at contributing towards the enforcement of the intellectual property rights, particularly by recommending the use on optical discs of a code enabling the identification of the origin of their manufacture;

    (b)

    the submission to the Commission of draft codes of conduct at national and Community level and of any evaluations of the application of these codes of conduct.

    Article 18

    Assessment

    1.   Three years after the date laid down in Article 20(1), each Member State shall submit to the Commission a report on the implementation of this Directive.

    On the basis of those reports, the Commission shall draw up a report on the application of this Directive, including an assessment of the effectiveness of the measures taken, as well as an evaluation of its impact on innovation and the development of the information society. That report shall then be transmitted to the European Parliament, the Council and the European Economic and Social Committee. It shall be accompanied, if necessary and in the light of developments in the Community legal order, by proposals for amendments to this Directive.

    2.   Member States shall provide the Commission with all the aid and assistance it may need when drawing up the report referred to in the second subparagraph of paragraph 1.

    Article 19

    Exchange of information and correspondents

    For the purpose of promoting cooperation, including the exchange of information, among Member States and between Member States and the Commission, each Member State shall designate one or more national correspondents for any question relating to the implementation of the measures provided for by this Directive. It shall communicate the details of the national correspondent(s) to the other Member States and to the Commission.

    CHAPTER V

    Final provisions

    Article 20

    Implementation

    1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (9). They shall forthwith inform the Commission thereof.

    When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

    2.   Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.

    Article 21

    Entry into force

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

    Article 22

    Addressees

    This Directive is addressed to the Member States.

    Done at ..., ...

    For the European Parliament

    The President

    For the Council

    The President


    (1)  OJ C 32, 5.2.2004, p. 15.

    (2)  Position of the European Parliament of 9 March 2004.

    (3)  OJ L 336, 23.12.1994, p. 1.

    (4)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

    (5)  OJ L 13, 19.1.2000, p. 12.

    (6)  OJ L 178, 17.7.2000, p. 1.

    (7)  OJ L 122, 17.5.1991, p. 42. Directive as amended by Directive 93/98/EEC (OJ L 290, 24.11.1993, p. 9).

    (8)  OJ L 167, 22.6.2001, p. 10.

    (9)  Twenty-four months after the date of adoption of this Directive.

    P5_TA(2004)0148

    Electromagnetic compatibility ***I

    European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States relating to electromagnetic compatibility (COM(2002) 759 — C5-0634/2002 — 2002/0306(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 759) (1),

    having regard to Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0634/2002),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0113/2004),

    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.

    P5_TC1-COD(2002)0306

    Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC

    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 (1),

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

    Acting in accordance with the procedure referred to in Article 251 of the Treaty (3),

    Whereas:

    (1)

    Council Directive 89/336/EEC of 3 May 1989 on the approximation of laws of the Member States relating to electromagnetic compatibility (4) has been the subject of a review under the initiative known as Simpler Legislation for the Internal Market (SLIM). Both the SLIM process and a subsequent in-depth consultation have revealed the need to complete, reinforce and clarify the framework established by Directive 89/336/EEC.

    (2)

    Member States are responsible for ensuring that radio-communications, including radio broadcast reception and the amateur radio service operating in accordance with International Telecommunication Union radio regulations, electrical supply and telecommunications networks, as well as equipment connected thereto, are protected against electromagnetic disturbance.

    (3)

    Provisions of national law ensuring protection against electromagnetic disturbance should be harmonised in order to guarantee the free movement of electrical and electronic apparatus without lowering justified levels of protection in the Member States.

    (4)

    Protection against electromagnetic disturbance requires obligations to be imposed on the various economic operators. Those obligations should be applied in a fair and effective way in order to achieve such protection.

    (5)

    The electromagnetic compatibility of equipment should be regulated with a view to ensuring the functioning of the internal market, that is to say, of an area without internal frontiers in which the free movement of goods, persons, services and capital is assured.

    (6)

    The equipment covered by this Directive should include both apparatus and fixed installations. However, separate provision should be made for each. This is so because, whereas apparatus as such is subject to free movement inside the Community, fixed installations on the other hand are installed for permanent use at a predefined location, as assemblies of various types of apparatus and where appropriate other devices. The composition and function of such installations correspond in most cases to the particular needs of their operators.

    (7)

    Radio equipment and telecommunications terminal equipment should not be covered by this Directive since they are already regulated by Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (5). The electromagnetic compatibility requirements in both Directives achieve the same level of protection.

    (8)

    Aircraft or equipment intended to be fitted into aircraft should not be covered by this Directive, since they are already subject to special Community or international rules governing electromagnetic compatibility.

    (9)

    This Directive need not regulate equipment which is inherently benign in terms of electromagnetic compatibility.

    (10)

    The safety of equipment should not be a matter covered by this Directive, since it is dealt with by separate Community or national legislation.

    (11)

    Where this Directive regulates apparatus, it should refer to finished apparatus commercially available for the first time on the Community market. Certain components or sub-assemblies should, under certain conditions, be considered to be apparatus if they are made available to the end-user .

    (12)

    The principles on which this Directive is based are those set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (6). In accordance with that approach, the design and manufacture of equipment is subject to essential requirements in relation to electromagnetic compatibility. Those requirements are given technical expression by harmonised European standards, to be adopted by the various European standardisation bodies, CEN (European Committee for Standardisation), Cenelec (European Committee for Electro-technical Standardisation) and ETSI (European Telecommunications Standards Institute). CEN, Cenelec and ETSI are recognised as the competent institutions in the field of this Directive for the adoption of harmonised standards, which they draw up in accordance with the general guidelines for co-operation between themselves and the Commission, and with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (7).

    (13)

    Harmonised standards reflect the generally acknowledged state of the art as regards electromagnetic compatibility matters in the European Union. It is thus in the interest of the functioning of the internal market to have standards for the electromagnetic compatibility of equipment which have been harmonised at Community level; once the reference to such a standard has been published in the Official Journal of the European Union , compliance with it should raise a presumption of conformity with the relevant essential requirements, although other means of demonstrating such conformity should be permitted. Compliance with a harmonised standard means conformity with its provisions and demonstration thereof by the methods the harmonised standard describes or refers to.

    (14)

    Manufacturers of equipment intended to be connected to networks should construct such equipment in a way that prevents networks from suffering unacceptable degradation of service when used under normal operating conditions. Network operators should construct their networks in such a way that manufacturers of equipment liable to be connected to networks do not suffer a disproportionate burden in order to prevent networks from suffering an unacceptable degradation of service. The European standardisation organisations should take due account of that objective (including the cumulative effects of the relevant types of electromagnetic phenomena) when developing harmonised standards.

    (15)

    It should be possible to place apparatus on the market or put it into service only if the manufacturers concerned have established that such apparatus has been designed and manufactured in conformity with the requirements of this Directive. Apparatus placed on the market should bear the CE marking attesting to compliance with the Directive. Although conformity assessment should be the responsibility of the manufacturer, without any need to involve an independent conformity assessment body, manufacturers should be free to use the services of such a body.

    (16)

    The conformity assessment obligation should require the manufacturer to perform an electromagnetic compatibility assessment of apparatus, based on relevant phenomena, in order to determine whether or not it meets the protection requirements under this Directive.

    (17)

    Where apparatus can take different configurations, the electromagnetic compatibility assessment should confirm that the apparatus meets the protection requirements in the configurations foreseeable by the manufacturer as representative of normal use in the intended applications; in such cases it should be sufficient to perform an assessment on the basis of the configuration most likely to cause maximum disturbance and the configuration most susceptible to disturbance.

    (18)

    Fixed installations, including large machines and networks, may generate electromagnetic disturbance, or be affected by it. There may be an interface between fixed installations and apparatus, and the electromagnetic disturbances produced by fixed installations may affect apparatus, and vice versa. In terms of electromagnetic compatibility, it is irrelevant whether the electromagnetic disturbance is produced by apparatus or by a fixed installation. Accordingly, fixed installations and apparatus should be subject to a coherent and comprehensive regime of essential requirements. It should be possible to use harmonised standards for fixed installations in order to demonstrate conformity with the essential requirements covered by such standards.

    (19)

    Due to their specific characteristics, fixed installations need not be subject to the affixation of the CE marking or to the declaration of conformity.

    (20)

    It is not pertinent to carry out the conformity assessment of apparatus placed on the market for incorporation into a given fixed installation, and otherwise not commercially available, in isolation from the fixed installation into which it is to be incorporated. Such apparatus should therefore be exempted from the conformity assessment procedures normally applicable to apparatus. However, such apparatus should not be permitted to compromise the conformity of the fixed installation into which it is incorporated. Should apparatus be incorporated into more than one identical fixed installation, identifying the electromagnetic compatibility characteristics of these installations should be sufficient to ensure exemption from the conformity assessment procedure.

    (21)

    A transitional period is necessary in order to ensure that manufacturers and other concerned parties are able to adapt to the new regulatory regime.

    (22)

    Directive 89/336/EEC should therefore be repealed.

    (23)

    Since the objectives of the proposed action, to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility cannot be sufficiently achieved by Member States acting alone and can therefore, by reason of their scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,

    HAVE ADOPTED THIS DIRECTIVE:

    CHAPTER I

    GENERAL PROVISIONS

    Article 1

    Subject matter and scope

    1.   This Directive regulates the electromagnetic compatibility of equipment. It aims to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility. This Directive applies to equipment as defined in Article 2.

    2.   This Directive shall not apply to:

    (a)

    equipment covered by Directive 1999/5/EC;

    (b)

    aeronautical products, parts and appliances as referred to in Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (8) ;

    (c)

    radio equipment used by radio amateurs within the meaning defined in the Radio Regulations adopted in the framework of the Constitution and Convention of the International Telecommunication Union (9), unless the equipment is available commercially. Kits of components to be assembled by radio amateurs and commercial equipment modified by and for the use of radio amateurs are not regarded as commercially available equipment .

    3.   This Directive shall not apply to equipment the inherent nature of whose physical characteristics is such that:

    (a)

    it is incapable of generating or contributing to electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended; and

    (b)

    it will operate without unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use.

    4.    Where, for the equipment referred to in paragraph 1, the requirements referred to in Annex I are wholly or partly laid down more specifically by other Community directives, this Directive shall not apply, or shall cease to apply, to that equipment in respect of such requirements from the date of implementation of those directives .

    5.   This Directive shall not affect the application of Community or national legislation regulating the safety of equipment.

    Article 2

    Definitions

    1.   For the purposes of this Directive, the following definitions shall apply:

    (a)

    ‘Equipment‧ means any apparatus or fixed installation;

    (b)

    ‘Apparatus‧ means any finished appliance, or combination thereof made commercially available as a single functional unit, intended for the end user, and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance;

    (c)

    ‘Fixed installation‧ means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a predefined location;

    (d)

    ‘Electromagnetic compatibility‧ means the ability of equipment to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to other equipment in that environment;

    (e)

    ‘Electromagnetic disturbance‧ means any electromagnetic phenomenon which may degrade the performance of equipment . An electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself ;

    (f)

    ‘Immunity‧ means the ability of equipment to perform as intended without degradation in the presence of an electromagnetic disturbance;

    (g)

    ‘Safety purposes‧ means the purposes of safeguarding human life or property;

    (h)

    ‘Electromagnetic environment‧ means all electromagnetic phenomena observable in a given location.

    2.   For the purposes of this Directive the following shall be deemed to be an apparatus within the meaning of paragraph 1(b):

    (a)

    ‘components‧ or ‘sub-assemblies‧ intended for incorporation into an apparatus by the end user, which are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance;

    (b)

    ‘mobile installations‧ defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations.

    Article 3

    Placing on the market, putting into service

    Member States shall take all appropriate measures to ensure that equipment is placed on the market and/or put into service only if it complies with the requirements of this Directive when properly installed, maintained and used for its intended purpose.

    Article 4

    Free movement of equipment

    1.   Member States shall not impede, for reasons relating to electromagnetic compatibility, the placing on the market and/or the putting into service in their territory of equipment which complies with this Directive.

    2.   The requirements of this Directive shall not prevent the application in any Member State of the following special measures concerning the putting into service or use of equipment:

    (a)

    measures in order to overcome an existing or predicted electromagnetic compatibility problem at a specific site;

    (b)

    measures taken for safety purposes to protect public telecommunications networks or receiving or transmitting stations when used for safety purposes in well-defined spectrum situations .

    Without prejudice to Directive 98/34/EC, Member States shall notify these measures to the Commission and to the other Member States.

    Those special measures which have been accepted shall be published by the Commission in the Official Journal of the European Union.

    3.   Member States shall not create any obstacles to the display and/or demonstration at trade fairs, exhibitions or similar events of equipment which does not comply with this Directive , provided that a visible sign clearly indicates that such equipment may not be placed on the market and/or put into service until it has been brought into conformity with this Directive. Demonstration may only take place provided that adequate measures are taken to avoid electromagnetic disturbances.

    Article 5

    Essential requirements

    The equipment referred to in Article 1 shall meet the essential requirements set out in Annex I.

    Article 6

    Harmonised standards

    1.    ‘Harmonised standard‧ means a technical specification adopted by a recognised European standardisation body under a mandate from the Commission in conformity with the procedures laid down in Directive 98/34/EC for the purpose of establishing a European requirement. Compliance with a harmonised standard is not compulsory

    2.    The compliance of equipment with the relevant harmonised standards whose references have been published in the Official Journal of the European Union shall raise a presumption, on the part of the Member States, of conformity with the essential requirements referred to in Annex I to which such standards relate. This presumption of conformity is limited to the scope of the harmonised standard(s) applied and the relevant essential requirements covered by such harmonised standard(s).

    3.   Where a Member State or the Commission considers that a harmonised standard does not entirely satisfy the essential requirements referred to in Annex I, it shall bring the matter before the Standing Committee set up by Directive 98/34/EC (hereinafter ‘the Committee‧), stating its reasons. The Committee shall deliver an opinion without delay.

    4.   Upon receipt of the Committee's opinion, the Commission shall take one of the following decisions with regard to the references to the harmonised standard concerned:

    (a)

    not to publish;

    (b)

    to publish with restrictions;

    (c)

    to maintain the reference in the publication referred to in paragraph 2 ;

    (d)

    to withdraw the reference from the publication referred to in paragraph 2 .

    The Commission shall inform the Member States of its decision without delay.

    CHAPTER II

    APPARATUS

    Article 7

    Conformity assessment procedure for apparatus

    Compliance of apparatus with the essential requirements referred to in Article 5 shall be demonstrated using the procedure described in Annex II (internal production control). However, at the discretion of the manufacturer or of his authorised representative in the Community , the procedure described in Annex III may also be followed.

    Article 8

    CE marking

    1.   Apparatus whose compliance with this Directive has been established by the procedure laid down in Article 7 shall bear the CE marking which attests to that fact. The affixing of the CE marking shall be the responsibility of the manufacturer or his authorised representative established within the Community.

    The CE marking shall be affixed in accordance with the provisions set out in Annex V.

    2.   Member States shall take the necessary measures to prohibit the affixing to the apparatus, or to its packaging, or to the instructions for its use of marks which are likely to mislead third parties in relation to the meaning and/or graphic form of the CE marking.

    3.   Any other mark may be affixed to the apparatus, its packaging, or the instructions for its use, provided that neither the visibility nor the legibility of the CE marking is thereby impaired.

    4.   Without prejudice to Article 10, if a competent authority establishes that the CE marking has been unduly affixed, the manufacturer or his authorised representative established within the Community shall bring the apparatus into conformity with the provisions concerning the CE marking under conditions imposed by the Member State concerned.

    Article 9

    Other marks and information

    1.     Each apparatus shall be identified in terms of type, batch, serial number or any other information allowing for the identification of the apparatus.

    2.     Each apparatus shall be accompanied by the name and address of the manufacturer and, if he is not established within the Community, the name and address of his authorised representative or of the person established within the Community responsible for placing the apparatus on the Community market.

    3.     The manufacturer shall provide information on any specific precautions that have to be taken when the apparatus is assembled, installed, maintained or used, in order to ensure that, when put into service, the apparatus is in conformity with the protection requirements set out in Annex I, point 1.

    4.     Apparatus for which compliance with the protection requirements is not ensured in residential areas shall be accompanied by a clear indication of this restriction of use, where appropriate also on the packaging.

    5.     The information required to enable use in accordance with the intended purpose of the apparatus shall be contained in the instructions accompanying the apparatus.

    Article 10

    Safeguards

    1.   Where a Member State ascertains that an apparatus bearing the CE marking does not comply with the requirements of this Directive, it shall take all appropriate measures to withdraw the apparatus from the market, to prohibit its placing on the market or putting into service, or to restrict its free movement.

    2.   The Member State concerned shall immediately inform the Commission and the other Member States of any such measure, indicating the reasons and specifying, in particular, whether non-compliance is due to:

    (a)

    failure to satisfy the essential requirements referred to in Annex I, when the apparatus does not comply with the harmonised standards referred to in Article 6;

    (b)

    incorrect application of the harmonised standards referred to in Article 6;

    (c)

    shortcomings in the harmonised standards referred to in Article 6.

    3.   The Commission shall consult the parties concerned as soon as possible, following which it shall inform the Member States whether or not it finds the measure to be justified.

    4.   Where the measure referred to in paragraph 1 is attributed to a shortcoming in harmonised standards, the Commission, after consulting the parties, shall, if the Member State concerned intends to uphold the measure, bring the matter before the Committee and initiate the procedure laid down in Article 6(3) and (4) .

    5.   Where the non-compliant apparatus has been subject to the conformity assessment procedure referred to in Annex III , the Member State concerned shall take appropriate action in respect of the author of the statement referred to in Annex III, point 3 , and shall inform the Commission and the other Member States accordingly.

    Article 11

    Decisions with respect to the withdrawal, prohibition or restriction of free movement of apparatus

    1.   Any decision taken pursuant to this Directive to withdraw an apparatus from the market, prohibit or restrict its placing on the market or its putting into service, or restrict its free movement, shall state the exact grounds on which it is based. Such decisions shall be notified without delay to the party concerned, who shall at the same time be informed of the remedies available to him under the national law in force in the Member State in question and of the time limits to which such remedies are subject.

    2.   In the event of a decision as referred to in paragraph 1, the manufacturer, his authorised representative, or other interested party shall have the opportunity to put forward his point of view in advance, unless such consultation is not possible because of the urgency of the measure to be taken as justified in particular with respect to public interest requirements.

    Article 12

    Notified bodies

    1.   Member States shall notify the Commission of the bodies which they have designated to carry out the tasks referred to in Annex III. Member States shall apply the criteria laid down in Annex VI in determining the bodies to be designated .

    Such notification shall state whether the bodies are designated to carry out the tasks referred to in Annex III for all apparatus covered by this Directive and/or the essential requirements referred to in Annex I, or whether the scope of designation is limited to certain specific aspects and/or categories of apparatus .

    2.    Bodies which comply with the assessment criteria fixed by the relevant harmonised standards shall be presumed to comply with the criteria set out in Annex VI covered by such harmonised standards. The Commission shall publish in the Official Journal of the European Union the references of these standards.

    3.   The Commission shall publish in the Official Journal of the European Union a list of notified bodies. The Commission shall ensure that the list is kept up to date.

    4.   If a Member State finds that a notified body no longer meets the criteria listed in Annex VI, it shall inform the Commission and the other Member States accordingly. The Commission shall withdraw the reference to that body from the list referred to in paragraph 4.

    CHAPTER III

    FIXED INSTALLATIONS

    Article 13

    Fixed installations

    1.   Apparatus which has been placed on the market and which may be incorporated into a fixed installation is subject to all relevant provisions for apparatus set out in this Directive.

    However, the provisions of Articles 5, 7, 8 and 9 shall not be compulsory in the case of apparatus which is intended for incorporation into a given fixed installation and is otherwise not commercially available. In such cases, the accompanying documentation shall identify the fixed installation and its electromagnetic compatibility characteristics and indicate the precautions to be taken for the incorporation of the apparatus into the fixed installation in order not to compromise the conformity of the specified installation. It shall furthermore include the information referred to in Article 9(1) and (2) .

    2.   Where there are indications of non-compliance of the fixed installation, in particular, where there are complaints about disturbances being generated by the installation, the competent authorities of the Member State concerned may request evidence of compliance of the fixed installation, and, when appropriate, initiate an assessment.

    Where non-compliance is identified, the competent authorities may impose appropriate measures to bring the installation into compliance with the protection requirements set out in Annex I.

    3.   Member States shall set out the necessary provisions for the identification of the person or persons responsible for the establishment of compliance of a fixed installation with the relevant essential requirements.

    CHAPTER IV

    FINAL PROVISIONS

    Article 14

    Repeal

    Directive 89/336/EEC is hereby repealed as from (10).

    References to Directive 89/336/EEC shall be construed as references to this Directive and be read in accordance with the correlation table set out in Annex VII.

    Article 15

    Transitional provisions

    Member States shall not impede the placing on the market and/ or putting into service of equipment which is in compliance with the provisions of Directive 89/336/EEC and which was placed on the market before (11).

    Article 16

    Transposition

    1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by (12) at the latest. They shall forthwith inform the Commission thereof.

    They shall apply those provisions from (13) .

    When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a publication shall be laid down by Member States.

    2.   Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

    Article 17

    Entry into force

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

    Article 18

    Addressees

    This Directive is addressed to the Member States.

    Done at ..., ...

    For the European Parliament

    The President

    For the Council

    The President


    (1)  OJ C ...

    (2)  OJ C 220, 16.9.2003, p. 13 .

    (3)  Position of the European Parliament of 9 March 2004.

    (4)  OJ L 139, 23.5.1989, p.19, as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1)

    (5)  OJ L 91, 7.4.1999, p.10. As last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

    (6)  OJ C 136, 4.6.1985, p. 1.

    (7)  OJ L 204, 21.7.1998, p.37. As last amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

    (8)  OJ L 240, 7.9.2002, p. 1. As amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5.).

    (9)  Constitution and Convention of the International Telecommunication Union adopted by the Additional Plenipotentiary Conference (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994).

    (10)   30 months after the entry into force of this Directive

    (11)  54 months after the entry into force of this Directive.

    (12)  24 months after the entry into force of this Directive.

    (13)  30 months after the entry into force of this Directive.

    ANNEX I

    Essential requirements

    1.   Protection requirements

    Equipment shall be so designed and manufactured, having regard to the state of the art, as to ensure that:

    (a)

    the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended;

    (b)

    it has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended use .

    2.     Specific requirements for fixed installations

    Installation and intended use of components:

    A fixed installation shall be installed applying good engineering practices and respecting the information on the intended use of its components, with a view to meeting the protection requirements set out in Point 1. These good engineering practices shall be documented and the documentation shall be held by the responsible person(s) at the disposal of the relevant national authorities for inspection purposes as long as the fixed installation is in operation.

    ANNEX II

    Conformity Assessment procedure referred to in Article 7 (internal production control)

    1. The manufacturer shall perform an electromagnetic compatibility assessment of the apparatus, based on the relevant phenomena, with a view to meeting the protection requirements set out in Annex I, point 1. The correct application of all the relevant harmonised standards whose references have been published in the Official Journal of the European Union shall be equivalent to the carrying out of the electromagnetic compatibility assessment.

    2. The electromagnetic compatibility assessment shall take into account all normal intended operating conditions. In cases where the apparatus can take different configurations, the electromagnetic compatibility assessment shall confirm that the apparatus meets the protection requirements set out in Annex I, point 1 in all possible configurations identified by the manufacturer as representative of its intended use.

    3. In accordance with the provisions set out in Annex IV, the manufacturer shall draw up technical documentation providing evidence of the conformity of the apparatus with the essential requirements of this Directive.

    4. The manufacturer or his authorised representative in the Community shall hold the technical documentation at the disposal of the competent authorities for a period of at least ten years after the date on which such apparatus was last manufactured.

    5. The compliance of apparatus with all relevant essential requirements shall be attested by an EC declaration of conformity issued by the manufacturer or his authorised representative established within the Community.

    6. The manufacturer or his authorised representative in the Community shall hold the EC declaration of conformity at the disposal of the competent authorities for a period of at least ten years after the date on which such apparatus was last manufactured.

    7. If neither the manufacturer nor his authorised representative is established within the Community, the obligation to hold the EC declaration of conformity and the technical documentation at the disposal of the competent authorities shall be the responsibility of the person who places the apparatus on the Community market.

    8. The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured products with the technical documentation referred to in point 3 and with the provisions of this Directive that apply to them.

    9. The technical documentation and the EC declaration of conformity shall be drawn up in accordance with the provisions set out in Annex IV.

    ANNEX III

    Conformity Assessment procedure referred to in Article 7

    1. This procedure consists of applying Annex II, completed as follows:

    2. The manufacturer or his authorised representative established within the Community shall present the technical documentation to the notified body referred to in Article 12 and ask the notified body for an assessment. The manufacturer or his authorised representative established within the Community shall specify to the notified body which aspects of the essential requirements have to be assessed by the notified body.

    3. The notified body shall review the technical documentation and assess whether the technical documentation properly demonstrates that the requirements of the Directive he shall assess have been met. If the compliance of the apparatus is confirmed, the notified body shall issue a statement to the manufacturer or his authorised representative established within the Community confirming the compliance of the apparatus. The statement of the notified body shall be limited to those aspects of the essential requirements which have been assessed by the notified body.

    4. The manufacturer shall add the statement of the notified body to the technical documentation.

    ANNEX IV

    Technical documentation, EC declaration of conformity

    1.   Technical documentation

    The technical documentation must enable the conformity of the apparatus with the essential requirements to be assessed. It must cover the design and manufacture of the apparatus, in particular:

    a general description of the apparatus;

    evidence of compliance with the harmonised standards, if any, applied in full or in part;

    where the manufacturer has not applied harmonised standards, or has applied them only in part, a description and explanation of the steps taken to meet the essential requirements of the Directive, including a description of the electromagnetic compatibility assessment set out in Annex II, results of design calculations made, examinations carried out, test reports, etc.;

    a statement from the notified body , when the procedure referred to in Annex III has been followed .

    2.   EC declaration of conformity

    The EC declaration of conformity must contain, at least, the following:

    reference to this Directive;

    identification of the apparatus to which it refers, as set out in Article 9(1) ;

    name and address of the manufacturer and, where applicable, the name and address of his authorised representative within the Community;

    dated reference to the specifications under which conformity is declared to ensure the conformity of the apparatus with the provisions of this Directive;

    date of the declaration;

    identification and signature of the person empowered to bind the manufacturer or his authorised representative.

    ANNEX V

    CE marking

    The CE marking shall consist of the initials ‘CE‧ taking the following form:

    Image

    The CE marking must have a height of at least 5 mm. If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

    The CE marking must be affixed to the apparatus or to its data plate. Where this is not possible or not warranted on account of the nature of the apparatus, it must be affixed to the packaging, if any, and to the accompanying documents.

    Where apparatus is the subject of other Directives covering other aspects and which also provide for the CE marking, the latter shall indicate that the apparatus also conforms with those other Directives.

    However, where one or more of those Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Union, must be given in the documents, notices or instructions required by the Directives and accompanying such apparatus.

    ANNEX VI

    Criteria for the assessment of the bodies to be notified

    1.

    The bodies notified by the Member States shall fulfil the following minimum conditions:

    (a)

    availability of personnel and of the necessary means and equipment;

    (b)

    technical competence and professional integrity of personnel;

    (c)

    independence in preparing the reports and performing the verification function provided for in this Directive;

    (d)

    independence of staff and technical personnel in relation to all interested parties, groups or persons directly or indirectly concerned with the equipment in question;

    (e)

    maintenance of professional secrecy by personnel;

    (f)

    possession of civil liability insurance unless such liability is covered by the State under national law.

    2.

    Fulfilment of the conditions under Point 1 shall be verified at intervals by the competent authorities of the Member States .

    ANNEX VII

    Correlation Table

    Directive 89/336/EEC

    This Directive

    Article 1, point 1)

    Article 2, points 1(a), 1(b), 1(c)

    Article 1, point 2)

    Article 2, point 1(e)

    Article 1, point 3)

    Article 2, point 1(f)

    Article 1, point 4)

    Article 2 point 1(d)

    Article 1 points 5 and 6)

    Article 2 point 1.

    Article 1 point 1.

    Article 2 point 2.

    Article 1 point 4.

    Article 2 point 3.

    Article 1 point 2(c)

    Article 3

    Article 3.

    Article 4

    Article 5 and Annex I

    Article 5

    Article 4 point 1.

    Article 6

    Article 4 point 2.

    Article 7 point 1.(a)

    Article 6 points 1. and 2.

    Article 7 point 1(b)

    Article 7 point 2.

    Article 7 point 3.

    Article 8 point 1.

    Article 6 points 3. and 4.

    Article 8 point 2.

    Article 9 point 1.

    Article 10, points 1. and 2.

    Article 9 point 2.

    Article 10, points 3. and 4.

    Article 9 point 3.

    Article 10, point 5.

    Article 9 point 4.

    Article 10, point 3.

    Article 10 point 1 1st paragraph

    Article 7 and Annex II

    Article 10 point 1 2nd paragraph

    Article 8

    Article 10 point 2

    Article 7 and Annex II

    Article 10 point 3

    Article 10 point 4

    Article 10 point 5

    Article 7 and Annex II

    Article 10 point 6

    Article 12

    Article 11

    Article 14

    Article 12

    Article 16

    Article 13

    Article 18

    Annex I, section 1

    Annex IV, section 2

    Annex I, section 2

    Annex V

    Annex II

    Annex VI

    Annex III

    P5_TA(2004)0149

    Pollution from natural gas or liquefied petroleum gas engines ***I

    European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compressionignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (COM(2003) 522 — C5-0456/2003 — 2003/0205(COD))

    (Codecision procedure: first reading)

    The European Parliament,

    having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 522) (1),

    having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0456/2003),

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0057/2004),

    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.

    P5_TC1-COD(2003)0205

    Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (recast version)

    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 (1),

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

    Having regard to the opinion of the Committee of the Regions (3),

    Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

    Whereas:

    (1)

    Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (5) is one of the separate Directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (6). Directive 88/77/EEC has been substantially amended several times to introduce successively more stringent pollutant emission limits. Since further amendments are to be made, it should be recast in the interests of clarity.

    (2)

    Council Directive 91/542/EEC of 1 October 1991 amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (7), Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC (8), and Commission Directive 2001/27/EC of 10 April 2001 adapting to technical progress Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (9) have introduced provisions which, while being autonomous, are closely linked to the scheme established under Directive 88/77/EEC. Those autonomous provisions should be fully integrated into the recast Directive in the interests of clarity and legal certainty.

    (3)

    It is necessary that all the Member States adopt the same requirements, in order, in particular, to permit the implementation, for each vehicle type, of the EC type-approval system which is the subject of Directive 70/156/EEC.

    (4)

    The Commission's programme on air quality, road transport emissions, fuels and emission abatement technologies (10), hereinafter ‘the first Auto-Oil programme‧, showed that further reductions in pollutant emissions from heavy-duty vehicles were necessary with a view to achieving future air quality standards.

    (5)

    Reductions in emission limits applicable from the year 2000, corresponding to abatements of 30 % in emissions of carbon monoxide, total hydrocarbons, oxides of nitrogen and particulate matter were identified by the first Auto-Oil programme as key measures for the achievement of medium-term air quality. A reduction of 30 % in exhaust smoke opacity should additionally contribute to the reduction of particulate matter. Additional reductions in emission limits applicable from the year 2005, corresponding to additional abatements of 30 % in carbon monoxide, total hydrocarbons and oxides of nitrogen and 80 % in particulate matter should greatly contribute to air quality improvement in the medium to longer-term. The additional limit for oxides of nitrogen applicable in the year 2008 should result in a further 43 % reduction in the emission limit for this pollutant.

    (6)

    Type-approval tests for gaseous and particulate pollutants and smoke opacity are applicable to allow for a more representative evaluation of the emissions performance of engines over test conditions that more closely resemble those encountered by vehicles in-service. From 2000, conventional compression-ignition engines and those compression-ignition engines fitted with certain types of emission control equipment are tested over a steady-state test cycle and over a new load response test for smoke opacity. Compression-ignition engines fitted with advanced emission control systems are, in addition, tested over a new transient test cycle. From 2005, all compression-ignition engines should be tested on all these test cycles. Gas fuelled engines are only tested on the new transient test cycle.

    (7)

    Under all randomly selected load conditions within a defined operating range, the limit values may not be exceeded by more than an appropriate percentage.

    (8)

    In laying down new standards and test procedures, it is necessary to take account of the impact on air quality of future traffic growth in the Community. The work undertaken by the Commission in this sphere has shown that the motor industry in the Community has made great strides in the perfection of the technology allowing a considerable reduction in emissions of gaseous and particulate pollutants. However, it is still necessary to press for further improvements in emission limits and other technical requirements in the interests of environmental protection and public health. In particular, the results of on-going research into the characteristics of ultra-fine particulates should be taken into account in any future measures.

    (9)

    It is necessary that further improvements be made to the quality of motor fuels to enable the efficient and durable performance of emission control systems in service.

    (10)

    New provisions for on-board diagnostics (OBD) should be introduced from 2005 with a view to facilitating the immediate detection of the deterioration or failure of engine emission control equipment. This should enhance diagnostic and repair capability, significantly improving the sustainable emission performance of in-service heavy-duty vehicles. Since, on the world-wide stage, OBD for heavy-duty diesel engines is in its infancy, it should be introduced in the Community in two stages to allow for system development so that the OBD system does not give false indications. In order to assist the Member States in ensuring that the owners and operators of heavy-duty vehicles meet their obligation to repair faults indicated by the OBD system, the distance covered or the time that has elapsed after a fault has been indicated to the driver should be recorded.

    (11)

    Compression-ignition engines are inherently durable and have demonstrated that, with proper and effective maintenance, they can retain a high level of emissions performance over the significantly high distances travelled by heavy-duty vehicles in the course of commercial operations. However, future emission standards will push the introduction of emission control systems downstream of the engine, such as deNOx systems, diesel particulate filters and systems that are a combination of both and, perhaps, other systems yet to be defined. It is therefore necessary to establish a useful life requirement on which to base procedures for ensuring the compliance of an engine's emission control system throughout that reference period. In establishing such a requirement, due account should be taken of the considerable distances covered by heavy-duty vehicles, of the need to incorporate appropriate and timely maintenance and of the possibility of type-approving category N1 vehicles in accordance with either this Directive or Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (11).

    (12)

    Member States should be allowed, by means of tax incentives, to expedite the placing on the market of vehicles that satisfy the requirements adopted at Community level, provided that such incentives comply with the provisions of the Treaty and satisfy certain conditions intended to prevent distortion of the internal market. This Directive does not affect the right of the Member States to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on motor vehicles.

    (13)

    Since some of those tax incentives are State aids under Article 87(1) of the Treaty, they would have to be notified to the Commission under Article 88(3) of the Treaty for evaluation in accordance with the relevant criteria of compatibility. The notification of such measures in accordance with this Directive should be without prejudice to the obligation to notify under Article 88(3) of the Treaty.

    (14)

    With the aim of simplifying and accelerating the procedure, the Commission should be entrusted with the task of adopting measures implementing the fundamental provisions laid down in this Directive as well as the measures for adapting the annexes of this Directive to scientific and technical progress.

    (15)

    The measures necessary for the implementation of this Directive and its adaptation to scientific and technical progress should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12).

    (16)

    The Commission should keep under review the need to introduce emission limits for pollutants which are as yet unregulated and which arise as a consequence of the wider use of new alternative fuels and new exhaust emission control systems.

    (17)

    The Commission should submit any proposals it may deem appropriate for a further stage for limit values for NOx and particulate emissions as soon as possible.

    (18)

    Since the objectives of the proposed action, namely the realisation of the internal market through the introduction of common technical requirements concerning gaseous and particulate emissions for all types of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved on a Community level, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary for that purpose.

    (19)

    The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

    (20)

    This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B,

    HAVE ADOPTED THIS DIRECTIVE:

    Article 1

    Definitions

    For the purposes of this Directive the following definitions shall apply:

    (a)

    ‘vehicle‧ means any vehicle as defined in Article 2 of Directive 70/156/EEC and propelled by a compression-ignition or gas engine, with the exception of vehicles of category M1 with a technically permissible maximum laden mass less than or equal to 3.5 tonnes;

    (b)

    ‘compression-ignition or gas engine‧ means the motive propulsion source of a vehicle for which typeapproval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted;

    (c)

    ‘enhanced environment-friendly vehicle (EEV)‧ means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the Tables in section 6.2.1 of Annex I.

    Article 2

    Obligations of the Member States

    1.   For types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines, where the requirements set out in Annexes I to VIII are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the Tables in section 6.2.1 of Annex I, Member States:

    (a)

    shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

    (b)

    shall refuse national type-approval.

    2.   Except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the Tables in section 6.2.1 of Annex I:

    (a)

    consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

    (b)

    prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines.

    3.   Without prejudice to paragraphs 1 and 2, with effect from 1 October 2003 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, for types of gas engines and types of vehicles propelled by a gas engine which do not comply with the requirements set out in Annexes I to VIII:

    (a)

    consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

    (b)

    prohibit the registration, sale, entry into service or use of new vehicles and the sale or use of new engines.

    4.   If the requirements set out in Annexes I to VIII and in Articles 3 and 4 are satisfied, in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine comply with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I, no Member State may, on grounds relating to the gaseous and particulate pollutants and opacity of smoke emissions from an engine:

    (a)

    refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC or to grant national type-approval for a type of vehicle propelled by a compression-ignition or gas engine;

    (b)

    prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine;

    (c)

    refuse to grant EC type-approval for a type of compression-ignition or gas engine;

    (d)

    prohibit the sale or use of new compression-ignition or gas engines

    5.   With effect from 1 October 2005, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the Tables in section 6.2.1 of Annex I, Member States:

    (a)

    shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and

    (b)

    shall refuse national type-approval.

    6.   With effect from 1 October 2006 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the Tables in section 6.2.1 of Annex I:

    (a)

    consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

    (b)

    prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines.

    7.   With effect from 1 October 2008, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the Tables in section 6.2.1 of Annex I, Member States:

    (a)

    shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and

    (b)

    shall refuse national type-approval.

    8.   With effect from 1 October 2009 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the Tables in section 6.2.1 of Annex I:

    (a)

    consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

    (b)

    prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines.

    9.   In accordance with paragraphe 4, an engine that satisfies the requirements set out in Annexes I to VIII, and, in particular, complies with the limit values set out in row C of the Tables in section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs 1, 2 and 3;

    In accordance with paragraphe 4, an engine that satisfies the requirements set out in Annexes I to VIII and in Articles 3 and 4 and, in particular, complies with the limit values set out in row C of the Tables in section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs 1, 2 and 3 and 5 to 8.

    10.     For compression-ignition or gas engines that must comply with the limit values set out in section 6.2.1. of Annex I under the type-approval system, the following shall apply: under all randomly selected load conditions, belonging to a definite control area and with the exception of specified engine operating conditions which are not subject to such a provision, the emissions sampled during a time duration as small as 30 seconds shall not exceed by more than 100 % the limit values in rows B2 and C of the tables in section 6.2.1 of Annex I. The control area to which the percentage not to be exceeded shall apply, the excluded engine operating conditions and other appropriate conditions shall be defined in accordance with the procedure referred to in Article 7.

    Article 3

    Durability of emission control systems

    1.   From 1 October 2005 for new type-approvals and from 1 October 2006 for all type-approvals, the manufacturer shall demonstrate that a compression-ignition or gas engine type-approved by reference to the emission limits set out in row B1 or row B2 or row C of the Tables in section 6.2.1. of Annex I will comply with those emission limits for a useful life of:

    (a)

    100 000 km or five years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N1 and M2 ;

    (b)

    200 000 km or six years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N2, N3 with a maximum technically permissible mass not exceeding 16 tonnes and M3 Class I, Class II and Class A, and Class B with a maximum technically permissible mass not exceeding 7.5 tonnes ;

    (c)

    500 000 km or seven years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N3 with a maximum technically permissible mass exceeding 16 tonnes and M3 , Class III and Class B with a maximum technically permissible massexceeding 7.5 tonnes .

    From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used).

    2.   The measures for the implementation of paragraph 1 shall be adopted by [30 June 2004] at the latest.

    Article 4

    On-board diagnostic systems

    1.   From 1 October 2005 for new type-approvals of vehicles and from 1 October 2006 for all typeapprovals, a compression-ignition engine type-approved by reference to the emission limit values set out in row B1 or row C of the Tables in section 6.2.1 of Annex I or a vehicle propelled by such an engine shall be fitted with an on-board diagnostic (OBD) system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B1 or row C of the table in paragraph 3 are exceeded.

    In the case of exhaust after-treatment systems, the OBD system may monitor for major functional failure of any of the following:

    (a)

    a catalyst, where fitted as a separate unit, whether or not it is part of a deNOx system or a diesel particulate filter;

    (b)

    a deNOx system, where fitted;

    (c)

    a diesel particulate filter, where fitted;

    (d)

    a combined deNOx-diesel particulate filter system.

    2.   From 1 October 2008 for new type-approvals and from 1 October 2009 for all type-approvals, a compression-ignition or a gas engine type-approved by reference to the emission limit values set out in row B2 or row C of the Tables in section 6.2.1 of Annex I, or a vehicle propelled by such an engine shall be fitted with an OBD system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B2 or row C of the Table in paragraph 3 are exceeded.

    The OBD system shall also include an interface between the engine electronic control unit (EECU) and any other engine or vehicle electrical or electronic systems that provide an input to or receive an output from the EECU and which affect the correct functioning of the emission control system, such as the interface between the EECU and a transmission electronic control unit.

    3.   The OBD threshold limits shall be as follows:

    Row

    Compression-ignition engines

    Mass of oxides of nitrogen

    Mass of particulate

    (NOx) g/kWh

    (PT) g/kWh

    B1 (2005)

    7.0

    0.1

    B2 (2008)

    7.0

    0.1

    C (EEV)

    7.0

    0.1

    4.     Full and uniform access to OBD information must be provided for the purposes of testing, diagnosis, servicing and repair in keeping with the relevant provisions of Directive 70/220/EEC and provisions regarding replacement components ensuring compatibility with OBD systems.

    5.   The measures for the implementation of paragraphs 1, 2 and 3 shall be adopted by [30 June 2004] at the latest.

    Article 5

    Emission Control Systems Using Consumable Reagents

    In defining the measures necessary to implement Article 4, as provided for by Article 7(1), the Commission shall, if appropriate, include technical measures to minimise the risk of emissions control systems using consumable reagents being inadequately maintained in service. In addition, and if appropriate, measures shall be included to ensure that emissions of ammonia due to the use of consumable reagents are minimised.

    Article 6

    Tax incentives

    1.   Member States may make provision for tax incentives only in respect of vehicles which comply with this Directive. Such incentives shall comply with the provisions of the Treaty, as well as with either paragraph 2 or paragraph 3 of this Article.

    2.   The incentives shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the limit values set out in row B1 or B2 of the Tables in section 6.2.1 of Annex I.

    They shall be terminated with effect from the mandatory application of the row B1 emission limit values, as laid down in Article 2(6), or from the mandatory application of the row B2 emission limit values, as laid down in Article 2(8).

    3.   The incentives shall apply to all new vehicles offered for sale on the market of a Member State which comply with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I.

    4.   In addition to the conditions referred to in paragraph 1, for each type of vehicle, the incentives shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I, and of their installation on the vehicle.

    5.   The Member States shall inform the Commission in sufficient time of plans to institute or change the tax incentives referred to in this Article, so that it can submit its observations.

    Article 7

    Implementation measures and amendments

    1.   The measures necessary for the implementation of Article 2(10), Articles 3 and 4 of this Directive shall be adopted by the Commission, assisted by the Committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13(3) of that Directive.

    2.   Amendments to this Directive which are necessary to adapt it to scientific and tecnical progress shall be adopted by the Commission, assisted by the committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13(3) of that Directive.

    Article 8

    Review and reports

    1.   The Commission shall review the need to introduce new emission limits applicable to heavy-duty vehicles and engines in respect of pollutants that are as yet unregulated. The review shall be based on the wider market introduction of new alternative fuels and on the introduction of new additive-enabled exhaust emission control systems to meet future standards laid down in this Directive. Where appropriate, the Commission shall submit a proposal to the European Parliament and the Council.

    2.     The Commission should submit to the European Parliament and the Council legislative proposals on further limits on NOx and particulate emissions for heavy-duty vehicles.

    If appropriate, it shall investigate whether setting an additional limit for particulate levels and size is necessary, and, if so, include it in the proposals.

    3.   The Commission shall report to the European Parliament and to the Council on the progress in negotiations for a world-wide harmonised duty cycle (WHDC).

    4.   The Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an on-board measurement (OBM) system. On the basis of that report, the Commission shall, where appropriate, submit a proposal for measures to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which are compatible therewith.

    Article 9

    Transposition

    1.   Member States shall adopt and publish, by ... (13) at the latest, the laws, regulations and administrative provisions necessary to comply this Directive. If the adoption of the implementing measures referred to in Article 7 is delayed beyond ... (14), Member States shall comply with this obligation by the transposition date provided in the Directive containing these implementing measures. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

    They shall apply those provisions from ... (13) or, if the adoption of the implementing measures referred to in Article 7 is delayed beyond ... (14), from the transposition date specified in the Directive containing these implementing measures .

    When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

    2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

    Article 10

    Repeal

    The Directives listed in Annex IX, Part A, are repealed with effect from ... (15), without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

    References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.

    Article 11

    Entry into force

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

    Article 12

    Addressees

    This Directive is addressed to the Member States.

    Done at ..., ...

    For the European Parliament

    The President

    For the Council

    The President


    (1)  OJ C ...

    (2)  OJ C ...

    (3)  OJ C ...

    (4)  Position of the European Parliament of 9 March 2004.

    (5)  OJ L 36, 9.2.1988, p. 33. Directive as last amended by the 2003 Act of Accession.

    (6)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2004/3/EC of the European Parliament and the Council (OJ L 49, 19.2.2004, p. 36).

    (7)  OJ L 295, 25.10.1991, p. 1.

    (8)  OJ L 44, 16.2.2000, p. 1.

    (9)  OJ L 107, 18.4.2001, p. 10.

    (10)  COM(96) 248 final.

    (11)  OJ L 76, 6.4.1970, p. 1. Directive as last amended by Commission Directive 2003/76/EC (OJ L 206, 15.8.2003, p. 29).

    (12)  OJ L 184, 17.7.1999, p. 23.

    (13)  12 months after the entry into force of this Directive.

    (14)  3 months after the date of adoption of this Directive.

    (15)  The day after the date set out in the second subparagraph of Article 9(1).

    ANNEX I

    SCOPE, DEFINITIONS AND ABBREVIATIONS, APPLICATION FOR EC TYPE-APPROVAL, SPECIFICATIONS AND TESTS AND CONFORMITY OF PRODUCTION

    1.   SCOPE

    This Directive applies to the gaseous and particulate pollutants from all motor vehicles equipped with compression-ignition engines and to the gaseous pollutants from all motor vehicles equipped with positive ignition engines fuelled with natural gas or LPG, and to compressionignition and positive ignition engines as specified in Article 1 with the exception of those vehicles of category N1, N2 and M2 for which type-approval has been granted under Directive 70/220/EEC.

    2.   DEFINITIONS AND ABBREVIATIONS

    For the purposes of this Directive:

    2.1.   ‘test cycle‧ means a sequence of test points each with a defined speed and torque to be followed by the engine under steady state (ESC test) or transient operating conditions (ETC, ELR test);

    2.2.   ‘approval of an engine (engine family)‧ means the approval of an engine type (engine family) with regard to the level of the emission of gaseous and particulate pollutants;

    2.3.   ‘diesel engine‧ means an engine which works on the compression-ignition principle;

    ‘gas engine‧ means an engine which is fuelled with natural gas (NG) or liquid petroleum gas (LPG);

    2.4.   ‘engine type‧ means a category of engines which do not differ in such essential respects as engine characteristics as defined in Annex II to this Directive;

    2.5.   ‘engine family‧ means a manufacturers grouping of engines which, through their design as defined in Annex II, Appendix 2 to this Directive, have similar exhaust emission characteristics; all members of the family must comply with the applicable emission limit values;

    2.6.   ‘parent engine‧ means an engine selected from an engine family in such a way that its emissions characteristics will be representative for that engine family;

    2.7.   ‘gaseous pollutants‧ means carbon monoxide, hydrocarbons (assuming a ratio of CH1,85 for diesel, CH2,525 for LPG and CH2,93 for NG (NMHC), and an assumed molecule CH3O0,5 for ethanol-fuelled diesel engines), methane (assuming a ratio of CH4 for NG) and oxides of nitrogen, the last named being expressed in nitrogen dioxide (NO2) equivalent;

    ‘particulate pollutants‧ means any material collected on a specified filter medium after diluting the exhaust with clean filtered air so that the temperature does not exceed 325 K (52 °C);

    2.8.   ‘smoke‧ means particles suspended in the exhaust stream of a diesel engine which absorb, reflect, or refract light;

    2.9.   ‘net power‧ means the power in EC kW obtained on the test bench at the end of the crankshaft, or its equivalent, measured in accordance with the EC method of measuring power as set out in Council Directive 80/1269/EEC (1), as last amended by Commission Directive 1999/99/EC (2) ;

    2.10.   ‘declared maximum power (Pmax)‧ means the maximum power in EC kW (net power) as declared by the manufacturer in his application for type-approval;

    2.11.   ‘per cent load‧ means the fraction of the maximum available torque at an engine speed;

    2.12.   ‘ESC test‧ means a test cycle consisting of 13 steady state modes to be applied in accordance with section 6.2 of this Annex;

    2.13.   ‘ELR test‧ means a test cycle consisting of a sequence of load steps at constant engine speeds to be applied in accordance with section 6.2 of this Annex;

    2.14.   ‘ETC test‧ means a test cycle consisting of 1 800 second-by-second transient modes to be applied in accordance with section 6.2 of this Annex;

    2.15.   ‘engine operating speed range‧ means the engine speed range, most frequently used during engine field operation, which lies between the low and high speeds, as set out in Annex III to this Directive;

    2.16.   ‘low speed (nloo)‧ means the lowest engine speed where 50 % of the declared maximum power occurs;

    2.17.   ‘high speed (nhi)‧ means the highest engine speed where 70 % of the declared maximum power occurs;

    2.18.   ‘engine speeds A, B and C‧ means the test speeds within the engine operating speed range to be used for the ESC test and the ELR test, as set out in Annex III, Appendix 1 to this Directive;

    2.19.   ‘control area‧ means the area between the engine speeds A and C and between 25 to 100 per cent load;

    2.20.   ‘reference speed (nref)‧ means the 100 per cent speed value to be used for denormalising the relative speed values of the ETC test, as set out in Annex III, Appendix 2 to this Directive;

    2.21.   ‘opacimeter‧ means an instrument designed to measure the opacity of smoke particles by means of the light extinction principle;

    2.22.   ‘NG gas range‧ means one of the H or L range as defined in European Standard EN 437, dated November 1993;

    2.23.   ‘self adaptability‧ means any engine device allowing the air/fuel ratio to be kept constant;

    2.24.   ‘recalibration‧ means a fine tuning of an NG engine in order to provide the same performance (power, fuel consumption) in a different range of natural gas;

    2.25.   ‘Wobbe Index (lower Wl; or upper Wu)‧ means the ratio of the corresponding calorific value of a gas per unit volume and the square root of its relative density under the same reference conditions:

    Formula

    2.26.   ‘λ-shift factor (Sλ)‧ means an expression that describes the required flexibility of the engine management system regarding a change of the excess-air ratio λ if the engine is fuelled with a gas composition different from pure methane (see Annex VII for the calculation of Sλ;

    2.27.   ‘defeat device‧ means a device which measures, senses or responds to operating variables (e.g. vehicle speed, engine speed, gear used, temperature, intake pressure or any other parameter) for the purpose of activating, modulating, delaying or deactivating the operation of any component or function of the emission control system such that the effectiveness of the emission control system is reduced under conditions encountered during normal vehicle use unless the use of such a device is substantially included in the applied emission certification test procedures.

    Such a device will not be regarded as a defeat device if:

    the need for the device is justified temporarily to protect the engine against intermittent operating conditions that could lead to damage or failure and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system;

    the device operates only when needed during engine starting and/or warming-up and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system.

    Figure 1

    Specific definitions of the test cycles

    Image

    2.28.   ‘auxiliary control device‧ means a system, function or control strategy installed to an engine or on a vehicle, that is used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure, or is used to facilitate engine starting. An auxiliary control device may also be a strategy or measure that has been satisfactorily demonstrated not to be a defeat device;

    2.29.   ‘irrational emission control strategy‧ means any strategy or measure that, when the vehicle is operated under normal conditions of use, reduces the effectiveness of the emission control system to a level below that expected on the applicable emission test procedures.

    2.30.   Symbols and abbreviations

    2.30.1   Symbols for test parameters

    Symbol

    Unit

    Term

    AP

    m2

    Cross sectional area of the isokinetic sampling probe

    AT

    m2

    Cross sectional area of the exhaust pipe

    CEE

    Ethane efficiency

    CEM

    Methane efficiency

    C1

    Carbon 1 equivalent hydrocarbon

    conc

    ppm/vol. %

    Subscript denoting concentration

    D0

    m3/s

    Intercept of PDP calibration function

    DF

    Dilution factor

    D

    Bessel function constant

    E

    Bessel function constant

    EZ

    g/kWh

    Interpolated NOx emission of the control point

    fa

    Laboratory atmospheric factor

    fc

    s-1

    Bessel filter cut-off frequency

    FFH

    Fuel specific factor for the calculation of wet concentration for dry concentration

    FS

    Stoichiometric factor

    GAIRW

    kg/h

    Intake air mass flow rate on wet basis

    GAIRD

    kg/h

    Intake air mass flow rate on dry basis

    GDILW

    kg/h

    Dilution air mass flow rate on wet basis

    GEDFW

    kg/h

    Equivalent diluted exhaust gas mass flow rate on wet basis

    GEXHW

    kg/h

    Exhaust gas mass flow rate on wet basis

    GFUEL

    kg/h

    Fuel mass flow rate

    GTOTW

    kg/h

    Diluted exhaust gas mass flow rate on wet basis

    H

    MJ/m3

    Calorific value

    HREF

    g/kg

    Reference value of absolute humidity (10,71g/kg)

    Ha

    g/kg

    Absolute humidity of the intake air

    Hd

    g/kg

    Absolute humidity of the dilution air

    HTCRAT

    mol/mol

    Hydrogen-to-Carbon ratio

    i

    Subscript denoting an individual mode

    K

    Bessel constant

    k

    m-1

    Light absorption coefficient

    KH,D

    Humidity correction factor for NOx for diesel engines

    KH,G

    Humidity correction factor for NOx for gas engines

    KV

     

    CFVcalibration function

    KW,a

    Dry to wet correction factor for the intake air

    KW,d

    Dry to wet correction factor for the dilution air

    KW,e

    Dry to wet correction factor for the diluted exhaust gas

    KW,r

    Dry to wet correction factor for the raw exhaust gas

    L

    %

    Percent torque related to the maximum torque for the test engine

    La

    m

    Effective optical path length

    m

     

    Slope of PDP calibration function

    mass

    g/h or g

    Subscript denoting emissions mass flow (rate)

    MDIL

    kg

    Mass of the dilution air sample passed through the particulate sampling filters

    Md

    mg

    Particulate sample mass of the dilution air collected

    Mf

    mg

    Particulate sample mass collected

    Mf,p

    mg

    Particulate sample mass collected on primary filter

    Mf,b

    mg

    Particulate sample mass collected on back-up filter

    MSAM

     

    Mass of the diluted exhaust sample passed through the particulate sampling filters

    MSEC

    kg

    Mass of secondary dilution air

    MTOTW

    kg

    Total CVS mass over the cycle on wet basis

    MTOTW,i

    kg

    Instantaneous CVS mass on wet basis

    N

    %

    Opacity

    NP

    Total revolutions of PDP over the cycle

    NP,i

    Revolutions of PDP during a time interval

    n

    min-1

    Engine speed

    np

    s-1

    PDP speed

    nhi

    min-1

    High engine speed

    nlo

    min-1

    Low engine speed

    nref

    min-1

    Reference engine speed for ETC test

    pa

    kPa

    Saturation vapour pressure of the engine intake air

    pA

    kPa

    Absolute pressure

    pB

    kPa

    Total atmospheric pressure

    pd

    kPa

    Saturation vapour pressure of the dilution air

    ps

    kPa

    Dry atmospheric pressure

    p1

    kPa

    Pressure depression at pump inlet

    P(a)

    kW

    Power absorbed by auxiliaries to be fitted for test

    P(b)

    kW

    Power absorbed by auxiliaries to be removed for test

    P(n)

    kW

    Net power non-corrected

    P(m)

    kW

    Power measured on test bed

    Ω

    Bessel constant

    Qs

    m3/s

    CVS volume flow rate

    q

    Dilution ratio

    r

    Ratio of cross sectional areas of isokinetic probe and exhaust pipe

    Ra

    %

    Relative humidity of the intake air

    Rd

    %

    Relative humidity of the dilution air

    Rf

    FID response factor

    ρ

    kg/m3

    density

    S

    kW

    Dynamometer setting

    Si

    m-1

    Instantaneous smoke value

    Sλ

     

    λ-shift factor

    T

    K

    Absolute temperature

    Ta

    K

    Absolute temperature of the intake air

    t

    s

    Measuring time

    te

    s

    Electrical response time

    tf

    s

    Filter response time for Bessel function

    tp

    s

    Physical response time

    Δt

    s

    Time interval between successive smoke data (= 1/sampling rate)

    Δti

    s

    Time interval for instantaneous CFV flow

    τ

    %

    Smoke transmittance

    V0

    m3/rev

    PDP volume flow rate at actual conditions

    W

    Wobbe index

    Wact

    kWh

    Actual cycle work of ETC

    Wref

    kWh

    Reference cycle work of ETC

    WF

    Weighting factor

    WFE

    Effective weighting factor

    X0

    m3/rev

    Calibration function of PDP volume flow rate

    Yi

    m-1

    1 s Bessel averaged smoke value

    2.30.2.   Symbols for chemical components

    CH4

    Methane

    C2H6

    Ethane

    C2H5OH

    Ethanol

    C3H8

    Propane

    CO

    Carbon monoxide

    DOP

    Di-octylphtalate

    CO2

    Carbon dioxide

    HC

    Hydrocarbons

    NMHC

    Non-methane hydrocarbons

    NOx

    Oxides of nitrogen

    NO

    Nitric oxide

    NO2

    Nitrogen dioxide

    PT

    Particulates.

    2.30.3.   Abbreviations

    CFV

    Critical flow venturi

    CLD

    Chemiluminescent detector

    ELR

    European load response test

    ESC

    European steady state cycle

    ETC

    European transient cycle

    FID

    Flame ionisation detector

    GC

    Gas chromatograph

    HCLD

    Heated chemiluminescent detector

    HFID

    Heated flame ionisation detector

    LPG

    Liquefied petroleum gas

    NDIR

    Non-dispersive infrared analyser

    NG

    Natural gas

    NMC

    Non-methane cutter

    3.   APPLICATION FOR EC TYPE-APPROVAL

    3.1.   Application for EC Type-Approval for a Type of Engine or Engine Family as a Separate Technical Unit

    3.1.1.   The application for approval of an engine type or engine family with regard to the level of the emission of gaseous and particulate pollutants for diesel engines and with regard to the level of the emission of gaseous pollutants for gas engines shall be submitted by the engine manufacturer or by a duly accredited representative.

    3.1.2.   It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

    3.1.2.1.   A description of the engine type or engine family, if applicable, comprising the particulars referred to in Annex II to this Directive which conform to the requirements of Articles 3 and 4 of Directive 70/156/EEC.

    3.1.3.   An engine conforming to the ‘engine type‧ or ‘parent engine‧ characteristics described in Annex II shall be submitted to the technical service responsible for conducting the approval tests defined in section 6.

    3.2.   Application for EC Type-Approval for a Vehicle Type in Respect of its Engine

    3.2.1.   The application for approval of a vehicle with regard to emission of gaseous and particulate pollutants by its diesel engine or engine family and with regard to the level of the emission of gaseous pollutants by its gas engine or engine family shall be submitted by the vehicle manufacturer or a duly accredited representative.

    3.2.2.   It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

    3.2.2.1.   A description of the vehicle type, of the engine-related vehicle parts and of the engine type or engine family, if applicable, comprising the particulars referred to in Annex II, along with the documentation required in application of Article 3 of Directive 70/156/EEC,

    3.3.   Application for EC Type-Approval for a Vehicle Type with an Approved Engine

    3.3.1.   The application for approval of a vehicle with regard to emission of gaseous and particulate pollutants by its approved diesel engine or engine family and with regard to the level of the emission of gaseous pollutants by its approved gas engine or engine family shall be submitted by the vehicle manufacturer or a duly accredited representative.

    3.3.2.   It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

    3.3.2.1.   a description of the vehicle type and of engine-related vehicle parts comprising the particulars referred to in Annex II, as applicable, and a copy of the EC Type-Approval Certificate (Annex VI) for the engine or engine family, if applicable, as a separate technical unit which is installed in the vehicle type, along with the documentation required in application of Article 3 of Directive 70/156/EEC.

    4.   EC TYPE-APPROVAL

    4.1.   Granting of a universal fuel EC type-approval

    A universal fuel EC type-approval is granted subject to the following requirements.

    4.1.1.   In the case of diesel fuel the parent engine meets the requirements of this Directive on the reference fuel specified in Annex IV.

    4.1.2.   In the case of natural gas the parent engine should demonstrate its capability to adapt to any fuel composition that may occur across the market. In the case of natural gas there are generally two types of fuel, high calorific fuel (H-gas) and low calorific fuel (L-gas), but with a significant spread within both ranges; they differ significantly in their energy content expressed by the Wobbe Index and in their λ-shift factor (Sλ). The formulae for the calculation of the Wobbe index and Sλ are given in sections 2.25 and 2.26. Natural gases with a λ-shift factor between 0,89 and 1,08 (0,89 ≤ Sλ ≤ 1,08) are considered to belong to H-range, while natural gases with a λ-shift factor between 1,08 and 1,19 (1,08 ≤ Sλ ≤ 1,19) are considered to belong to L-range. The composition of the reference fuels reflects the extreme variations of Sλ.

    The parent engine shall meet the requirements of this Directive on the reference fuels GR (fuel 1) and G25 (fuel 2), as specified in Annex IV, without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing, the parent engine shall be run-in using the procedure given in paragraph 3 of Appendix 2 to Annex III.

    4.1.2.1.   On the manufacturer's request the engine may be tested on a third fuel (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

    4.1.3.   In the case of an engine fuelled with natural gas which is self-adaptive for the range of H-gases on the one hand and the range of L-gases on the other hand, and which switches between the H-range and the L-range by means of a switch, the parent engine shall be tested on the relevant reference fuel as specified in Annex IV for each range, at each position of the switch. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Directive at both positions of the switch without any readjustment to the fuelling between the two tests at each position of the switch. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing the parent engine shall be run-in using the procedure given in paragraph 3 of Appendix 2 to Annex III.

    4.1.3.1.   At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

    4.1.4.   In the case of natural gas engines, the ratio of the emission results ‘r‧ shall be determined for each pollutant as follows:

    Formula

    or,

    Formula

    and,

    Formula

    4.1.5.   In the case of LPG the parent engine should demonstrate its capability to adapt to any fuel composition that may occur across the market. In the case of LPG there are variations in C3/C4 composition. These variations are reflected in the reference fuels. The parent engine should meet the emission requirements on the reference fuels A and B as specified in Annex IV without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing, the parent engine shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

    4.1.5.1.   The ratio of emission results ‘r‧ shall be determined for each pollutant as follows:

    Formula

    4.2.   Granting of a fuel range restricted EC type-approval

    Fuel range restricted EC type-approval is granted subject to the following requirements.

    4.2.1.   Exhaust emissions approval of an engine running on natural gas and laid out for operation on either the range of H-gases or on the range of L-gases

    The parent engine shall be tested on the relevant reference fuel, as specified in Annex IV, for the relevant range. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Directive without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing the parent engine shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

    4.2.1.1.   At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

    4.2.1.2.   The ratio of emission results ‘r‧ shall be determined for each pollutant as follows:

    Formula

    or,

    Formula

    and,

    Formula

    4.2.1.3.   On delivery to the customer the engine shall bear a label (see paragraph 5.1.5) stating for which range of gases the engine is approved.

    4.2.2.   Exhaust emissions approval of an engine running on natural gas or LPG and laid out for operation on one specific fuel composition

    4.2.2.1.   The parent engine shall meet the emission requirements on the reference fuels GR and G25 in the case of natural gas, or the reference fuels A and B in the case of LPG, as specified in Annex IV. Between the tests fine-tuning of the fuelling system is allowed. This fine-tuning will consist of a recalibration of the fuelling database, without any alteration to either the basic control strategy or the basic structure of the database. If necessary the exchange of parts that are directly related to the amount of fuel flow (such as injector nozzles) is allowed.

    4.2.2.2.   At the manufacturer's request the engine may be tested on the reference fuels GR and G23, or on the reference fuels G25 and G23, in which case the type-approval is only valid for the H-range or the L-range of gases respectively.

    4.2.2.3.   On delivery to the customer the engine shall bear a label (see paragraph 5.1.5) stating for which fuel composition the engine has been calibrated.

    4.3.   Exhaust emissions approval of a member of a family

    4.3.1.   With the exception of the case mentioned in paragraph 4.3.2, the approval of a parent engine shall be extended to all family members without further testing, for any fuel composition within the range for which the parent engine has been approved (in the case of engines described in paragraph 4.2.2) or the same range of fuels (in the case of engines described in either paragraphs 4.1 or 4.2) for which the parent engine has been approved.

    4.3.2.   Secondary test engine

    In case of an application for type-approval of an engine, or a vehicle in respect of its engine, that engine belonging to an engine family, if the technical service determines that, with regard to the selected parent engine the submitted application does not fully represent the engine family defined in Annex I, Apppendix 1, an alternative and if necessary an additional reference test engine may be selected by the technical service and tested.

    4.4.   Type-approval certificate

    A certificate conforming to the model specified in Annex VI shall be issued for approval referred to under sections 3.1, 3.2 and 3.3.

    5.   ENGINE MARKINGS

    5.1.   The engine approved as a technical unit must bear:

    5.1.1.   the trademark or trade name of the manufacturer of the engine;

    5.1.2.   the manufacturer's commercial description;

    5.1.3.   the EC type-approval number preceded by the distinctive letter(s) or number(s) of the country granting EC type-approval (3);

    5.1.4.   in case of an NG engine one of the following markings to be placed after the EC type approval number:

    H in case of the engine being approved and calibrated for the H-range of gases;

    L in case of the engine being approved and calibrated for the L-range of gases;

    HL in case of the engine being approved and calibrated for both the H-range and L-range of gases;

    Ht in case of the engine being approved and calibrated for a specific gas composition in the H-range of gases and transformable to another specific gas in the H-range of gases by fine tuning of the engine fuelling;

    Lt in case of the engine being approved and calibrated for a specific gas composition in the L-range of gases and transformable to another specific gas in the L-range of gases after fine tuning of the engine fuelling;

    HLt in the case of the engine being approved and calibrated for a specific gas composition in either the H-range or the L-range of gases and transformable to another specific gas in either the H-range or the L-range of gases by fine tuning of the engine fuelling.

    5.1.5.   Labels

    In the case of NG and LPG fuelled engines with a fuel range restricted type approval, the following labels are applicable:

    5.1.5.1.   Content

    The following information must be given:

    In the case of paragraph 4.2.1.3, the label shall state ‘ONLY FOR USE WITH NATURAL GAS RANGE H‧. If applicable, ‘H‧ is replaced by ‘L‧.

    In the case of paragraph 4.2.2.3, the label shall state ‘ONLY FOR USE WITH NATURAL GAS SPECIFICATION . . .‧ or ‘ONLY FOR USE WITH LIQUEFIED PETROLEUM GAS SPECIFICATION . . .‧, as applicable. All the information in the appropriate table(s) in Annex IV shall be given with the individual constituents and limits specified by the engine manufacturer.

    The letters and figures must be at least 4 mm in height.

    Note:

    If lack of space prevents such labelling, a simplified code may be used. In this event, explanatory notes containing all the above information must be easily accessible to any person filling the fuel tank or performing maintenance or repair on the engine and its accessories, as well as to the authorities concerned. The site and content of these explanatory notes will be determined by agreement between the manufacturer and the approval authority.

    5.1.5.2.   Properties

    Labels must be durable for the useful life of the engine. Labels must be clearly legible and their letters and figures must be indelible. Additionally, labels must be attached in such a manner that their fixing is durable for the useful life of the engine, and the labels cannot be removed without destroying or defacing them.

    5.1.5.3.   Placing

    Labels must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during engine life. Additionally, these labels must be located so as to be readily visible to the average person after the engine has been completed with all the auxiliaries necessary for engine operation.

    5.2.   In case of an application for EC type-approval for a vehicle type in respect of its engine, the marking specified in section 5.1.5 shall also be placed close to fuel filling aperture.

    5.3.   In case of an application for EC type-approval for a vehicle type with an approved engine, the marking specified in section 5.1.5 shall also be placed close to the fuel filling aperture.

    6.   SPECIFICATIONS AND TESTS

    6.1.   General

    6.1.1.   Emission control equipment

    6.1.1.1.   The components liable to affect the emission of gaseous and particulate pollutants from diesel engines and the emission of gaseous pollutants from gas engines shall be so designed, constructed, assembled and installed as to enable the engine, in normal use, to comply with the provisions of this Directive.

    6.1.2.   Functions of emission control equipment

    6.1.2.1.   The use of a defeat device and/or an irrational emission control strategy is forbidden.

    6.1.2.2.   An auxiliary control device may be installed to an engine, or on a vehicle, provided that the device:

    operates only outside the conditions specified in paragraph 6.1.2.4, or

    is activated only temporarily under the conditions specified in paragraph 6.1.2.4 for such purposes as engine damage protection, air-handling device protection (4), smoke management (4), cold start or warming-up, or

    is activated only by on-board signals for purposes such as operational safety and limphome strategies.

    6.1.2.3.   An engine control device, function, system or measure that operates during the conditions specified in section 6.1.2.4 and which results in the use of a different or modified engine control strategy to that normally employed during the applicable emission test cycles will be permitted if, in complying with the requirements of sections 6.1.3 and/or 6.1.4, it is fully demonstrated that the measure does not reduce the effectiveness of the emission control system. In all other cases, such devices shall be considered to be a defeat device.

    6.1.2.4.   For the purposes of point 6.1.2.2, the defined conditions of use under steady state and transient conditions (4) are:

    an altitude not exceeding 1 000 metres (or equivalent atmospheric pressure of 90 kPa),

    an ambient temperature within the range 283 to 303 K (10 to 30 °C),

    engine coolant temperature within the range 343 to 368 K (70 to 95 °C).

    6.1.3.   Special requirements for electronic emission control systems

    6.1.3.1.   Documentation requirements

    The manufacturer shall provide a documentation package that gives access to the basic design of the system and the means by which it controls its output variables, whether that control is direct or indirect.

    The documentation shall be made available in two parts:

    (a)

    the formal documentation package, which shall be supplied to the technical service at the time of submission of the type-approval application, shall include a full description of the system. This documentation may be brief, provided that it exhibits evidence that all outputs permitted by a matrix obtained from the range of control of the individual unit inputs have been indentified. This information shall be attached to the documentation required in Annex I, section 3;

    (b)

    additional material that shows the parameters that are modified by any auxiliary control device and the boundary conditions under which the device operates. The additional material shall include a description of the fuel system control logic, timing strategies and switch points during all modes of operation.

    The additional material shall also contain a justification for the use of any auxiliary control device and include additional material and test data to demonstrate the effect on exhaust emissions of any auxiliary control device installed to the engine or on the vehicle.

    This additional material shall remain strictly confidential and be retained by the manufacturer, but be made open for inspection at the time of type-approval or at any time during the validity of the type-approval.

    6.1.4.   To verify whether any strategy or measure should be considered a defeat device or an irrational emission control strategy according to the definitions given in sections 2.28 and 2.30, the type-approval authority and/or the technical service may additionally request a NOx screening test using the ETC which may be carried out in combination with either the type-approval test or the procedures for checking the conformity of production

    6.1.4.1.   As an alternative to the requirements of Appendix 4 to Annex III to Directive 88/77/EEC, the emissions of NOx during the ETC screening test may be sampled using the raw exhaust gas and the technical prescriptions of ISO DIS 16183, dated 15 October 2000, shall be followed.

    6.1.4.2.   In verifying whether any strategy or measure should be considered a defeat device or an irrational emission control strategy according to the definitions given in sections 2.28 and 2.30, an additional margin of 10 %, related to the appropriate NOx limit value, shall be accepted.

    6.1.5.   Transitional provisions for extension of type-approval

    6.1.5.1.   This section shall only be applicable to new compression-ignition engines and new vehicles propelled by a compression-ignition engine that have been type-approved to the requirements of row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC.

    6.1.5.2.   As an alternative to sections 6.1.3 and 6.1.4, the manufacturer may present to the technical service the results of a NOx screening test using the ETC on the engine conforming to the characteristics of the parent engine described in Annex II, and taking into account the provisions of sections 6.1.4.1 and 6.1.4.2. The manufacturer shall also provide a written statement that the engine does not employ any defeat device or irrational emission control strategy as defined in section 2 of this Annex.

    6.1.5.3.   The manufacturer shall also provide a written statement that the results of the NOx screening test and the declaration for the parent engine, as referred to in section 6.1.4, are also applicable to all engine types within the engine family described in Annex II.

    6.2.   Specifications Concerning the Emission of Gaseous and Particulate Pollutants and Smoke

    For type approval to row A of the tables in section 6.2.1, the emissions shall be determined on the ESC and ELR tests with conventional diesel engines including those fitted with electronic fuel injection equipment, exhaust gas recirculation (EGR), and/or oxidation catalysts. Diesel engines fitted with advanced exhaust aftertreatment systems including the NOx catalysts and/or particulate traps, shall additionally be tested on the ETC test.

    For type approval testing to either row B1 or B2 or row C of the tables in section 6.2.1 the emissions shall be determined on the ESC, ELR and ETC tests.

    For gas engines, the gaseous emissions shall be determined on the ETC test.

    The ESC and ELR test procedures are described in Annex III, Appendix 1, the ETC test procedure in Annex III, Appendices 2 and 3.

    The emissions of gaseous pollutants and particulate pollutants, if applicable, and smoke, if applicable, by the engine submitted for testing shall be measured by the methods described in Annex III, Appendix 4. Annex V describes the recommended analytical systems for the gaseous pollutants, the recommended particulate sampling systems, and the recommended smoke measurement system.

    Other systems or analysers may be approved by the Technical Service if it is found that they yield equivalent results on the respective test cycle. The determination of system equivalency shall be based upon a 7 sample pair (or larger) correlation study between the system under consideration and one of the reference systems of this Directive. For particulate emissions only the full flow dilution system is recognised as the reference system. ‘Results‧ refer to the specific cycle emissions value. The correlation testing shall be performed at the same laboratory, test cell, and on the same engine, and is preferred to be run concurrently. The equivalency criterion is defined as a ± 5 % agreement of the sample pair averages. For introduction of a new system into the Directive the determination of equivalency shall be based upon the calculation of repeatability and reproducibility, as described in ISO 5725.

    6.2.1.   Limit Values

    The specific mass of the carbon monoxide, of the total hydrocarbons, of the oxides of nitrogen and of the particulates, as determined on the ESC test, and of the smoke opacity, as determined on the ELR test, shall not exceed the amounts shown in Table 1.

    Table 1

    Limit values — ESC and ELR tests

    Row

    Mass of carbon monoxide (CO) g/kWh

    Mass of hydrocarbons (HC) g/kWh

    Mass of nitrogen oxides (NOx) g/kWh

    Mass of particulates (PT) g/kWh

    Smoke m-1

    A (2000)

    2,1

    0,66

    5,0

    0,10

    0,13 (5)

    0,8

    B 1 (2005)

    1,5

    0,46

    3,5

    0,02

    0,5

    B 2 (2008)

    1,5

    0,46

    2,0

    0,02

    0,5

    C (EEV)

    1,5

    0,25

    2,0

    0,02

    0,15

    For diesel engines that are additionally tested on the ETC test, and specifically for gas engines, the specific masses of the carbon monoxide, of the non-methane hydrocarbons, of the methane (where applicable), of the oxides of nitrogen and of the particulates (where applicable) shall not exceed the amounts shown in Table 2.

    Table 2

    Limit values — ETC tests

    Row

    Mass of carbon monoxide (CO) g/kWh

    Mass of nonmethane hydrocarbons (NMHC) g/kWh

    Mass of methane (CH4) (6) g/kWh

    Mass of nitrogen oxides (NOx) g/kWh

    Mass of particulates (PT) (7) g/kWh

    A (2000)

    5,45

    0,78

    1,6

    5,0

    0,16

    0,21 (8)

    B 1 (2005)

    4,0

    0,55

    1,1

    3,5

    0,03

    B 2 (2008)

    4,0

    0,55

    1,1

    2,0

    0,03

    C (EEV)

    3,0

    0,40

    0,65

    2,0

    0,02

    6.2.2.   Hydrocarbon measurement for diesel and gas fuelled engines

    6.2.2.1.   A manufacturer may choose to measure the mass of total hydrocarbons (THC) on the ETC test instead of measuring the mass of non-methane hydrocarbons. In this case, the limit for the mass of total hydrocarbons is the same as shown in table 2 for the mass of non-methane hydrocarbons.

    6.2.3.   Specific requirements for diesel engines

    6.2.3.1.   The specific mass of the oxides of nitrogen measured at the random check points within the control area of the ESC test must not exceed by more than 10 per cent the values interpolated from the adjacent test modes (reference Annex III, Appendix 1 sections 4.6.2 and 4.6.3).

    6.2.3.2.   The smoke value on the random test speed of the ELR must not exceed the highest smoke value of the two adjacent test speeds by more than 20 per cent, or by more than 5 per cent of the limit value, whichever is greater.

    7.   INSTALLATION ON THE VEHICLE

    7.1.   The engine installation on the vehicle shall comply with the following characteristics in respect to the type-approval of the engine:

    7.1.1.   intake depression shall not exceed that specified for the type-approved engine in Annex VI;

    7.1.2.   exhaust back pressure shall not exceed that specified for the type-approved engine in Annex VI;

    7.1.3.   power absorbed by the auxiliaries needed for operating the engine shall not exceed that specified for the type-approved engine in Annex VI;

    8.   ENGINE FAMILY

    8.1.   Parameters defining the engine family

    The engine family, as determined by the engine manufacturer, may be defined by basic characteristics which must be common to engines within the family. In some cases there may be interaction of parameters. These effects must also be taken into consideration to ensure that only engines with similar exhaust emission characteristics are included within an engine family.

    In order that engines may be considered to belong to the same engine family, the following list of basic parameters must be common:

    8.1.1.   Combustion cycle:

    2 cycle

    4 cycle

    8.1.2.   Cooling medium:

    air

    water

    oil

    8.1.3.   For gas engines and engines with aftertreatment

    Number of cylinders

    (other diesel engines with fewer cylinders than the parent engine may be considered to belong to the same engine family provided the fuelling system meters fuel for each individual cylinder).

    8.1.4.   Individual cylinder displacement:

    engines to be within a total spread of 15 %

    8.1.5.   Method of air aspiration:

    naturally aspirated

    pressure charged

    pressure charged with charge air cooler

    8.1.6.   Combustion chamber type/design:

    pre-chamber

    swirl chamber

    open chamber

    8.1.7.   Valve and porting — configuration, size and number:

    cylinder head

    cylinder wall

    crankcase

    8.1.8.   Fuel injection system (diesel engines):

    pump-line-injector

    in-line pump

    distributor pump

    single element

    unit injector

    8.1.9.   Fuelling system (gas engines):

    mixing unit

    gas induction/injection (single point, multi-point)

    liquid injection (single point, multi-point).

    8.1.10.   Ignition system (gas engines)

    8.1.11.   Miscellaneous features:

    exhaust gas recirculation

    water injection/emulsion

    secondary air injection

    charge cooling system

    8.1.12.   Exhaust aftertreatment:

    3-way-catalyst

    oxidation catalyst

    reduction catalyst

    thermal reactor

    particulate trap

    8.2.   Choice of the Parent Engine

    8.2.1.   Diesel Engines

    The parent engine of the family shall be selected using the primary criteria of the highest fuel delivery per stroke at the declared maximum torque speed. In the event that two or more engines share this primary criteria, the parent engine shall be selected using the secondary criteria of highest fuel delivery per stroke at rated speed. Under certain circumstances, the approval authority may conclude that the worst case emission rate of the family can best be characterised by testing a second engine. Thus, the approval authority may select an additional engine for test based upon features which indicate that it may have the highest emission level of the engines within that family.

    If engines within the family incorporate other variable features which could be considered to affect exhaust emissions, these features shall also be identified and taken into account in the selection of the parent engine.

    8.2.2.   Gas Engines

    The parent engine of the family shall be selected using the primary criteria of the largest displacement. In the event that two or more engines share this primary criteria, the parent engine shall be selected using the secondary criteria in the following order:

    the highest fuel delivery per stroke at the speed of declared rated power;

    the most advanced spark timing;

    the lowest EGR rate;

    no air pump or lowest actual air flow pump.

    Under certain circumstances, the approval authority may conclude that the worst case emission rate of the family can best be characterised by testing a second engine. Thus, the approval authority may select an additional engine for test based upon features which indicate that it may have the highest emission level of the engines within that family.

    9.   PRODUCTION CONFORMITY

    9.1.   Measures to ensure production conformity must be taken in accordance with the provisions of Article 10 of Directive 70/156/EEC. Production conformity is checked on the basis of the description in the type-approval certificates set out in Annex VI to this Directive.

    Sections 2.4.2 and 2.4.3 of Annex X to Directive 70/156/EEC are applicable where the competent authorities are not satisfied with the auditing procedure of the manufacturer.

    9.1.1.   If emissions of pollutants are to be measured and an engine type-approval has had one or several extensions, the tests will be carried out on the engine(s) described in the information package relating to the relevant extension.

    9.1.1.1.   Conformity of the engine subjected to a pollutant test:

    After submission of the engine to the authorities, the manufacturer shall not carry out any adjustment to the engines selected.

    9.1.1.1.1.   Three engines are randomly taken in the series. Engines that are subject to testing only on the ESC and ELR tests or only on the ETC test for type approval to row A of the tables in section 6.2.1 are subject to those applicable tests for the checking of production conformity. With the agreement of the authority, all other engines type approved to row A, B1 or B2, or C of the tables in section 6.2.1 are subjected to testing either on the ESC and ELR cycles or on the ETC cycle for the checking of the production conformity. The limit values are given in section 6.2.1 of this Annex.

    9.1.1.1.2.   The tests are carried out according to Appendix 1 to this Annex, where the competent authority is satisfied with the production standard deviation given by the manufacturer, in accordance with Annex X to Directive 70/156/EEC, which applies to motor vehicles and their trailers.

    The tests are carried out according to Appendix 2 to this Annex, where the competent authority is not satisfied with the production standard deviation given by the manufacturer, in accordance with Annex X to Directive 70/156/EEC, which applies to motor vehicles and their trailers.

    At the manufacturer's request, the tests may be carried out in accordance with Appendix 3 to this Annex.

    9.1.1.1.3.   On the basis of a test of the engine by sampling, the production of a series is regarded as conforming where a pass decision is reached for all the pollutants and non conforming where a fail decision is reached for one pollutant, in accordance with the test criteria applied in the appropriate Appendix.

    When a pass decision has been reached for one pollutant, this decision may not be changed by any additional tests made in order to reach a decision for the other pollutants.

    If no pass decision is reached for all the pollutants and if no fail decision is reached for one pollutant, a test is carried out on another engine (see Figure 2).

    If no decision is reached, the manufacturer may at any time decide to stop testing. In that case a fail decision is recorded.

    9.1.1.2.   The tests will be carried out on newly manufactured engines. Gas fuelled engines shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

    9.1.1.2.1.   However, at the request of the manufacturer, the tests may be carried out on diesel or gas engines which have been run-in more than the period referred to in section 9.1.1.2, up to a maximum of 100 hours. In this case, the running-in procedure will be conducted by the manufacturer who shall undertake not to make any adjustments to those engines.

    9.1.1.2.2.   When the manufacturer asks to conduct a running-in procedure in accordance with section 9.1.1.2.1, it may be carried out on:

    all the engines that are tested,

    or,

    the first engine tested, with the determination of an evolution coefficient as follows:

    the pollutant emissions will be measured at zero and at ‘x‧ hours on the first engine tested,

    the evolution coefficient of the emissions between zero and ‘x‧ hours will be calculated for each pollutant:

    Emissions ‘x‧ hours/Emissions zero hours

    It may be less than one.

    The subsequent test engines will not be subjected to the running-in procedure, but their zero hour emissions will be modified by the evolution coefficient.

    In this case, the values to be taken will be:

    the values at ‘x‧ hours for the first engine,

    the values at zero hour multiplied by the evolution coefficient for the other engines.

    9.1.1.2.3.   For diesel and LPG fuelled engines, all these tests may be conducted with commercial fuel. However, at the manufacturer's request, the reference fuels described in Annex IV may be used. This implies tests, as described in section 4 of this Annex, with at least two of the reference fuels for each gas engine.

    9.1.1.2.4.   For NG fuelled engines, all these tests may be conducted with commercial fuel in the following way:

    for H marked engines with a commercial fuel within the H-range (0,89 ≤ Sλ ≤ 1,00),

    for L marked engines with a commercial fuel within the L-range (1,00 ≤ Sλ ≤ 1,19),

    for HL marked engines with a commercial fuel within the extreme range of the λ-shift factor (0,89 ≤ Sλ ≤ 1,19).

    However, at the manufacturer's request, the reference fuels described in Annex IV may be used. This implies tests, as described in section 4 of this Annex.

    9.1.1.2.5.   In the case of dispute caused by the non-compliance of gas fuelled engines when using a commercial fuel, the tests shall be performed with a reference fuel on which the parent engine has been tested, or whith the possible additional fuel 3 as referred to in paragraphs 4.1.3.1 and 4.2.1.1 on which the parent engine may have been tested. Then, the result has to be converted by a calculation applying the relevant factor(s) ‘r‧, ‘ra‧ or ‘rb‧ as described in paragraphs 4.1.4, 4.1.5.1 and 4.2.1.2. If r, ra or rb are less than 1 no correction shall take place. The measured results and the calculated results must demonstrate that the engine meets the limit values with all relevant fuels (fuels 1, 2 and, if applicable, fuel 3 in the case of natural gas engines and fuels A and B in the case of LPG engines).

    9.1.1.2.6.   Tests for conformity of production of a gas fuelled engine laid out for operation on one specific fuel composition shall be performed on the fuel for which the engine has been calibrated.

    Figure 2

    Schematic of production conformity testing

    Image


    (1)  OJ L 375, 31.12.1980, p. 46.

    (2)  OJ L 334, 28.12.1999, p. 32.

    (3)  1 = Germany, 2 = France, 3 = Italy, 4 = Netherlands, 5 = Sweden, 6 = Belgium, 9 = Spain, 11 = United Kingdom, 12 = Austria, 13 = Luxembourg, 16 = Norway, 17 = Finland, 18 = Denmark, 21 = Portugal, 23 = Greece, FL = Liechtenstein, IS = Iceland, IRL = Ireland.

    (4)  To be subject to further evaluation by the Commission before 31 December 2001.

    (5)  For engines having a swept volume of less than 0,75 dm3 per cylinder and a rated power speed of more than 3 000 min-1.

    (6)  For NG engines only.

    (7)  Not applicable for gas fuelled engines at stage A and stages B1 and B2.

    (8)  For engines having a swept volume of less than 0,75 dm3 per cylinder and a rated power speed of more than 3 000 min-1.

    Appendix 1

    PROCEDURE FOR PRODUCTION CONFORMITY TESTING WHEN STANDARD DEVIATION IS SATISFACTORY

    1.

    This Appendix describes the procedure to be used to verify production conformity for the emissions of pollutants when the manufacturer's production standard deviation is satisfactory.

    2.

    With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 40 % of the engines defective is 0,95 (producer's risk = 5 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %).

    3.

    The following procedure is used for each of the pollutants given in section 6.2.1 of Annex I (see Figure 2):

    Let:

    L

    = the natural logarithm of the limit value for the pollutant;

    χi

    = the natural logarithm of the measurement for the i-th engine of the sample;

    s

    = an estimate of the production standard deviation (after taking the natural logarithm of the measurements);

    n

    = the current sample number.

    4.

    For each sample the sum of the standardised deviations to the limit is calculated using the following formula:

    Formula

    5.

    Then:

    if the test statistic result is greater than the pass decision number for the sample size given in table 3, a pass decision is reached for the pollutant;

    if the test statistic result is less than the fail decision number for the sample size given in table 3, a fail decision is reached for the pollutant;

    otherwise, an additional engine is tested according to section 9.1.1.1 of Annex I and the calculation procedure is applied to the sample increased by one more unit.

    Table 3

    Pass and Fail Decision Numbers of Appendix 1 Sampling Plan

    Minimum sample size: 3

    Cumulative number of engines tested (sample size)

    Pass decision number An

    Fail decision number Bn

    3

    3,327

    - 4,724

    4

    3,261

    - 4,790

    5

    3,195

    - 4,856

    6

    3,129

    - 4,922

    7

    3,063

    - 4,988

    8

    2,997

    - 5,054

    9

    2,931

    - 5,120

    10

    2,865

    - 5,185

    11

    2,799

    - 5,251

    12

    2,733

    - 5,317

    13

    2,667

    - 5,383

    14

    2,601

    - 5,449

    15

    2,535

    - 5,515

    16

    2,469

    - 5,581

    17

    2,403

    - 5,647

    18

    2,337

    - 5,713

    19

    2,271

    - 5,779

    20

    2,205

    - 5,845

    21

    2,139

    - 5,911

    22

    2,073

    - 5,977

    23

    2,007

    - 6,043

    24

    1,941

    - 6,109

    25

    1,875

    - 6,175

    26

    1,809

    - 6,241

    27

    1,743

    - 6,307

    28

    1,677

    - 6,373

    29

    1,611

    - 6,439

    30

    1,545

    - 6,505

    31

    1,479

    - 6,571

    32

    - 2,112

    - 2,112

    Appendix 2

    PROCEDURE FOR PRODUCTION CONFORMITY TESTING WHEN STANDARD DEVIATION IS UNSATISFACTORY OR UNAVAILABLE

    1.

    This Appendix describes the procedure to be used to verify production conformity for the emissions of pollutants when the manufacturer's production standard deviation is either unsatisfactory or unavailable.

    2.

    With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 40 % of the engines defective is 0,95 (producer's risk = 5 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %).

    3.

    The values of the pollutants given in section 6.2.1 of Annex I are considered to be log normally distributed and should be transformed by taking their natural logarithms. Let m0 and m denote the minimum and maximum sample size respectively (m0 = 3 and m = 32) and let n denote the current sample number.

    4.

    If the natural logarithms of the values measured in the series are χ1, χ2 · χiand L is the natural logarithm of the limit value for the pollutant, then, define

    di = χi - L

    and

    Formula Formula

    5.

    Table 4 shows values of the pass (An) and fail (Bn) decision numbers against current sample number. The test statistic result is the ratio

    Formula

    /vn and shall be used to determine whether the series has passed or failed as follows:

    For m0 ≤ n < m:

    pass the series if Formula/vn ≤ An,

    fail the series if Formula/vn ≥ Bn,

    take another measurement if An < Formula/vn < Bn.

    6.

    Remarks

    The following recursive formulae are useful for calculating successive values of the test statistic:

    Formula Formula

    (n = 2, 3, ...; (d1)- = d1; V1 = 0)

    Table 4

    Table 4 Pass and Fail Decision Numbers of Appendix 2 Sampling Plan

    Minimum sample size: 3

    Cumulative number of engines tested (sample size)

    Pass decision number An

    Fail decision number Bn

    3

    - 0,80381

    16,64743

    4

    - 0,76339

    7,68627

    5

    - 0,72982

    4,67136

    6

    - 0,69962

    3,25573

    7

    - 0,67129

    2,45431

    8

    - 0,64406

    1,94369

    9

    - 0,61750

    1,59105

    10

    - 0,59135

    1,33295

    11

    - 0,56542

    1,13566

    12

    - 0,53960

    0,97970

    13

    - 0,51379

    0,85307

    14

    - 0,48791

    0,74801

    15

    - 0,46191

    0,65928

    16

    - 0,43573

    0,58321

    17

    - 0,40933

    0,51718

    18

    - 0,38266

    0,45922

    19

    - 0,35570

    0,40788

    20

    - 0,32840

    0,36203

    21

    - 0,30072

    0,32078

    22

    - 0,27263

    0,28343

    23

    - 0,24410

    0,24943

    24

    - 0,21509

    0,21831

    25

    - 0,18557

    0,18970

    26

    - 0,15550

    0,16328

    27

    - 0,12483

    0,13880

    28

    - 0,09354

    0,11603

    29

    - 0,06159

    0,09480

    30

    - 0,02892

    0,07493

    31

    - 0,00449

    0,05629

    32

    - 0,03876

    0,03876

    Appendix 3

    PROCEDURE FOR PRODUCTION CONFORMITY TESTING AT MANUFACTURER'S REQUEST

    1.

    This Appendix describes the procedure to be used to verify, at the manufacturer's request, production conformity for the emissions of pollutants.

    2.

    With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 30 % of the engines defective is 0,90 (producer's risk = 10 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %).

    3.

    The following procedure is used for each of the pollutants given in section 6.2.1 of Annex I (see Figure 2):

    Let:

    L

    =

    the limit value for the pollutant,

    xi

    =

    the value of the measurement for the i-th engine of the sample,

    n

    =

    the current sample number.

    4.

    Calculate for the sample the test statistic quantifying the number of non-conforming engines, i.e. xi ≥ L.

    5.

    Then:

    if the test statistic is less than or equal to the pass decision number for the sample size given in Table 5, a pass decision is reached for the pollutant;

    if the test statistic is greater than or equal to the fail decision number for the sample size given in Table 5, a fail decision is reached for the pollutant;

    otherwise, an additional engine is tested according to section 9.1.1.1 of Annex I and the calculation procedure is applied to the sample increased by one more unit.

    In Table 5 the pass and fail decision numbers are calculated by means of the International Standard ISO 8422/1991.

    Table 5

    Pass and Fail Decision Numbers of Appendix 3 Sampling Plan

    Minimum sample size: 3

    Cumulative number of engines tested (sample size)

    Pass decision number

    Fail decision number

    3

    3

    4

    0

    4

    5

    0

    4

    6

    1

    5

    7

    1

    5

    8

    2

    6

    9

    2

    6

    10

    3

    7

    11

    3

    7

    12

    4

    8

    13

    4

    8

    14

    5

    9

    15

    5

    9

    16

    6

    10

    17

    6

    10

    18

    7

    11

    19

    8

    9

    ANNEX II

    INFORMATION DOCUMENT No [...]

    IN ACCORDANCE WITH ANNEX l OF COUNCIL DIRECTIVE 70/156/EEC RELATING TO EC TYPE APPROVAL

    and referring to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles

    (DIRECTIVE 88/77/EEC as last amended by Directive 2001/27/EC)

    Vehicle type/parent engine/engine type (1): ...

    0.

    GENERAL

    0.1.

    Make (name of undertaking): ...

    0.2.

    Type and commercial description (mention any variants): ...

    0.3.

    Means and location of identification of type, if marked on the vehicle: ...

    0.4.

    Category of vehicle (if applicable): ...

    0.5.

    Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1): ...

    0.6.

    Name and address of manufacturer: ...

    0.7.

    Location of statutory plates and inscriptions and method of affixing: ...

    0.8.

    In the case of components and separate technical units, location and method of affixing of the EC approval mark: ...

    0.9.

    Address(es) of assembly plant(s): ...

    ATTACHMENTS

    1.

    Essential characteristics of the (parent) engine and information concerning the conduct of test.

    2.

    Essential characteristics of the engine family

    3.

    Essential characteristics of the engine types within the family

    4.

    Characteristics of the engine-related vehicle parts (if applicable).

    5.

    Photographs and/or drawings of the parent engine engine type and, if applicable, of the engine compartment.

    6.

    List further attachments if any.

    Date, File


    (1)  Delete as appropriate.

    Appendix 1

    ESSENTIAL CHARACTERISTICS OF THE (PARENT) ENGINE AND INFORMATION CONCERNING THE CONDUCT OF TEST (1)

    1.   Description of engine

    1.1.

    Manufacturer: ...

    1.2.

    Manufacturer's engine code: ...

    1.3.

    Cycle: four stroke / two stroke (2):

    1.4.

    Number and arrangement of cylinders: ...

    1.4.1.

    Bore: ... mm

    1.4.2.

    Stroke: ... mm

    1.4.3.

    Firing order: ...

    1.5.

    Engine capacity: ... cm3

    1.6.

    Volumetric compression ratio (3): ...

    1.7.

    Drawing(s) of combustion chamber and piston crown: ...

    1.8.

    Minimum cross-sectional area of inlet and outlet ports: ... cm2

    1.9.

    Idling speed: ... min-1

    1.10.

    Maximum net power: ...kWat... min-1

    1.11.

    Maximum permitted engine speed: ... min-1

    1.12.

    Maximum net torque: ... Nm at... min-1

    1.13.

    Combustion system: compression ignition/positive ignition (2)

    1.14.

    Fuel: Diesel/LPG/NG-H/NG-L/NG—HL/ethanol (2)

    1.15.

    Cooling system

    1.15.1.

    Liquid

    1.15.1.1.

    Nature of liquid: ...

    1.15.1.2.

    Circulating pump(s): yes/no (2)

    1.15.1.3.

    Characteristics or make(s) and type(s) (if applicable): ...

    1.15.1.4.

    Drive ratio(s) (if applicable): ...

    1.15.2.

    Air

    1.15.2.1.

    Blower: yes/no (2)

    1.15.2.2.

    Characteristics or make(s) and type(s) (if applicable): ...

    1.15.2.3.

    Drive ratio(s) (if applicable): ...

    1.16.

    Temperature permitted by the manufacturer

    1.16.1.

    Liquid cooling: Maximum temperature at outlet: ... K

    1.16.2.

    Air cooling: ... reference point: ...

    Maximum temperature at reference point: ... K

    1.16.3.

    Maximum temperature of the air at the outlet of the intake intercooler (if applicable): ...

    1.16.4.

    Maximum exhaust temperature at the point in the exhaust pipe(s) adjacent to the outer flange(s) of the exhaust manifold(s) or turbocharger(s): ... K

    1.16.5.

    Fuel temperature: min ... K, max ... K

    for diesel engines at injection pump inlet, for gas fuelled engines at pressure regulator final stage

    1.16.6.

    Fuel pressure: min ... kPa, max ... kPa

    at pressure regulator final stage, NG fuelled gas engines only

    1.16.7.

    Lubricant temperature: min ... K, max ... K

    1.17.

    Pressure charger: yes/no (4)

    1.17.1.

    Make: ...

    1.17.2.

    Type: ...

    1.17.3.

    Description of the system (e.g. max. charge pressure, wastegate, if applicable): ...

    1.17.4.

    Intercooler: yes/no1)

    1.18.

    Intake system

    1.18

    Maximum allowable intake depression at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (5), as last amended by Directive 1999/99/EC (6) : ... kPa

    1.19.

    Exhaust system

    Maximum allowable exhaust back pressure at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (4), as last amended by Directive 97/21/EC5): ... kPa

    Exhaust system volume: ... dm3

    2.   Measures taken against air pollution

    2.1.

    Device for recycling crankcase gases (description and drawings): ...

    2.2.

    Additional anti-pollution devices (if any, and if not covered by another heading) ...

    2.2.1.

    Catalytic converter: yes/no (7)

    2.2.1.1.

    Make(s): ...

    2.2.1.2.

    Type(s): ...

    2.2.1.3.

    Number of catalytic converters and elements: ...

    2.2.1.4.

    Dimensions, shape and volume of the catalytic converter(s): ...

    2.2.1.5.

    Type of catalytic action: ...

    2.2.1.6.

    Total charge of precious metals: ...

    2.2.1.7.

    Relative concentration: ...

    2.2.1.8.

    Substrate (structure and material): ...

    2.2.1.9.

    Cell density: ...

    2.2.1.10.

    Type of casing for the catalytic converter(s): ...

    2.2.1.11.

    Location of the catalytic converter(s) (place and reference distance in the exhaust line): ...

    2.2.2.

    Oxygen sensor: yes/no (7)

    2.2.2.1.

    Make(s): ...

    2.2.2.2.

    Type: ...

    2.2.2.3.

    Location: ...

    2.2.3.

    Air injection: yes/no (7)

    2.2.3.1.

    Type (pulse air, air pump, etc.): ...

    2.2.4.

    EGR: yes/no (7)

    2.2.4.1.

    Characteristics (flow rate etc.): ...

    2.2.5.

    Particulate trap: yes/no (7):

    2.2.5.1.

    Dimensions, shape and capacity of the particulate trap: ...

    2.2.5.2.

    Type and design of the particulate trap: ...

    2.2.5.3.

    Location (reference distance in the exhaust line): ...

    2.2.5.4.

    Method or system of regeneration, description and/or drawing: ...

    2.2.6.

    Other systems: yes/no (7)

    2.2.6.1.

    Description and operation: ...

    3.   Fuel feed

    3.1.

    Diesel engines

    3.1.1.

    Feed pump

    Pressure (8): ... kPa or characteristic diagram (9): ...

    3.1.2.

    Injection system

    3.1.2.1.

    Pump

    3.1.2.1.1.

    Make(s): ...

    3.1.2.1.2.

    Type(s): ...

    3.1.2.1.3.

    Delivery: ... mm3  (8) per stroke at engine speed of ... rpm at full injection, or characteristic diagram (8)  (9) ...

    Mention the method used: On engine/on pump bench (9)

    If boost control is supplied, state the characteristic fuel delivery and boost pressure versus engine speed.

    3.1.2.1.4.

    Injection advance

    3.1.2.1.4.1.

    Injection advance curve (8) ...

    3.1.2.1.4.2.

    Static injection timing (8): ...

    3.1.2.2.

    Injection piping

    3.1.2.2.1.

    Length: ... mm

    3.1.2.2.2.

    Internal diameter: ... mm

    3.1.2.3.

    Injector(s)

    3.1.2.3.1.

    Make(s): ...

    3.1.2.3.2.

    Type(s): ...

    3.1.2.3.3.

    ‘Opening pressure‧: ... kPa (8)

    or characteristic diagram (8)  (9): ...

    3.1.2.4.

    Governor

    3.1.2.4.1.

    Make(s): ...

    3.1.2.4.2.

    Type(s): ...

    3.1.2.4.3.

    Speed at which cut-off starts under full load: ... rpm

    3.1.2.4.4.

    Maximum no-load speed: ... rpm

    3.1.2.4.5.

    Idling speed: ... rpm

    3.1.3.

    Cold start system

    3.1.3.1.

    Make(s): ...

    3.1.3.2.

    Type(s): ...

    3.1.3.3.

    Description: ...

    3.1.3.4.

    Auxiliary starting aid: ...

    3.1.3.4.1.

    Make: ...

    3.1.3.4.2.

    Type: ...

    3.2.

    Gas fuelled engines (10)

    3.2.1.

    Fuel: Natural gas/LPG (11)

    3.2.2.

    Pressure regulator(s) or vaporiser/pressure regulator(s) (12)

    3.2.2.1.

    Make(s): ...

    3.2.2.2.

    Type(s): ...

    3.2.2.3.

    Number of pressure reduction stages: ...

    3.2.2.4.

    Pressure in final stage: min ... kPa, max ... kPa

    3.2.2.5.

    Number of main adjustment points:

    3.2.2.6.

    Number of idle adjustment points: ...

    3.2.2.7.

    Certification number according to Directive 1999/96/EC: ...

    3.2.3.

    Fuelling system: mixing unit / gas injection / liquid injection / direct injection (11)

    3.2.3.1.

    Mixture strength regulation: ...

    3.2.3.2.

    System description and/or diagram and drawings: ...

    3.2.3.3.

    Certification number according to Directive 1999/96/EC: ...

    3.2.4.

    Mixing unit

    3.2.4.1.

    Number: ...

    3.2.4.2.

    Make(s): ...

    3.2.4.3.

    Type(s): ...

    3.2.4.4.

    Location: ...

    3.2.4.5.

    Adjustment possibilities: ...

    3.2.4.6.

    Certification number according to Directive 1999/96/EC: ...

    3.2.5.

    Inlet manifold injection

    3.2.5.1.

    Injection: single point/multipoint (13)

    3.2.5.2.

    Injection: continuous/simultaneously timed/sequentially timed (13)

    3.2.5.3.

    Injection equipment

    3.2.5.3.1.

    Make(s):...

    3.2.5.3.2.

    Type(s):...

    3.2.5.3.3.

    Adjustment possibilities:...

    3.2.5.3.4.

    Certification number according to Directive 1999/96/EC:...

    3.2.5.4.

    Supply pump (if applicable):

    3.2.5.4.1.

    Make(s):...

    3.2.5.4.2.

    Type(s):...

    3.2.5.4.3

    Certification number according to Directive 1999/96/EC:...

    3.2.5.5.

    Injector(s):

    3.2.5.5.1.

    Make(s):...

    3.2.5.5.2.

    Type(s):...

    3.2.5.5.3.

    Certification number according to Directive 1999/96/EC:...

    3.2.6.

    Direct injection

    3.2.6.1.

    Injection pump / pressure regulator (13)

    3.2.6.1.1.

    Make(s):...

    3.2.6.1.2.

    Type(s):...

    3.2.6.1.3.

    Injection timing:...

    3.2.6.1.4.

    Certification number according to Directive 1999/96/EC:...

    3.2.6.2.

    Injector(s)

    3.2.6.2.1.

    Make(s):...

    3.2.6.2.2.

    Type(s):...

    3.2.6.2.3.

    Opening pressure or characteristic diagram (14): ...

    3.2.6.2.4.

    Certification number according to Directive 1999/96/EC:...

    3.2.7.

    Electronic control unit (ECU)

    3.2.7.1.

    Make(s): ...

    3.2.7.2.

    Type(s): ...

    3.2.7.3.

    Adjustment possibilities: ...

    3.2.8.

    NG fuel-specific equipment

    3.2.8.1.

    Variant 1

    (only in the case of approvals of engines for several specific fuel compositions)

    3.2.8.1.1.

    Fuel composition:

    methane (CH4):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    ethane (C2H6):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    propane (C3H8):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    butane (C4H10):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    C5/C5+:

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    oxygen (O2):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    inert (N2, He etc.):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    3.2.8.1.2.

    Injector(s)

    3.2.8.1.2.1.

    Make(s): ...

    3.2.8.1.2.2.

    Type(s): ...

    3.2.8.1.3.

    Others (if applicable)

    3.2.8.2.

    Variant 2

    (only in the case of approvals for several specific fuel compositions)

    4.   Valve timing

    4.1.

    Maximum lift of valves and angles of opening and closing in relation to dead centres of equivalent data:

    4.2.

    Reference and/or setting ranges (15): ...

    5.   Ignition system (spark ignition engines only)

    5.1.

    Ignition system type:common coil and plugs/individual coil and plugs/coil on plug/other (specify) (15)

    5.2.

    Ignition control unit

    5.2.1.

    Make(s): ...

    5.2.2.

    Type(s): ...

    5.3.

    Ignition advance curve / advance map (15)  (16): ...

    5.4.

    Ignition timing (17): ... degrees before TDC at a speed of ...rpm and a MAP of ...kPa

    5.5.

    Spark plugs

    5.5.1.

    Make(s): ...

    5.5.2.

    Type(s): ...

    5.5.3.

    Gap setting: ...mm

    5.6.

    Ignition coil(s)

    5.6.1.

    Make(s): ...

    5.6.2.

    Type(s): ...

    6.   Engine-driven equipment

    The engine shall be submitted for testing with the auxiliaries needed for operating the engine (e.g. fan, water pump etc.), as specified in and under the operating conditions of Directive 80/1269/EEC (18), as last amended by Directive 1999/99/EC (19) , Annex I, section 5.1.1.

    6.1.

    Auxiliaries to be fitted for the test

    If it is impossible or inappropriate to install the auxiliaries on the test bench, the power absorbed by them shall be determined and subtracted from the measured engine power over the whole operating area of the test cycle(s).

    6.2.

    Auxiliaries to be removed for the test

    Auxiliaries needed only for the operation of the vehicle (e.g. air compressor, air-conditioning system etc.) shall be removed for the test. Where the auxiliaries cannot be removed, the power absorbed by them may be determined and added to the measured engine power over the whole operating area of the test cycle(s).

    7.   Additional information on test conditions

    7.1.

    Lubricant used

    7.1.1.

    Make: ...

    7.1.2.

    Type: ...

    (State percentage of oil in mixture if lubricant and fuel are mixed): ...

    7.2.

    Engine-driven equipment (if applicable)

    The power absorbed by the auxiliaries needs only be determined:

    if auxiliaries needed for operating the engine are not fitted to the engine, and/or

    if auxiliaries not needed for operating the engine are fitted to the engine.

    7.2.1.

    Enumeration and identifying details: ...

    7.2.2.

    Power absorbed at various indicated engine speeds:

    Equipment

    Power absorbed (kW) at various engine speeds

    Idle

    Low Speed

    High Speed

    Speed A (20)

    Speed B (20)

    Speed C (20)

    Ref. Speed (21)

    P(a)

    Auxiliaries needed for operating the engine (to be subtracted from measured engine power) see section 6.1.

     

     

     

     

     

     

     

    P(b)

    Auxiliaries not needed for operating the engine (to be added to measured engine power) see section 6.2.

     

     

     

     

     

     

     

    8.   Engine performance

    8.1.

    Engine speeds  (22)

    Low speed (nlo): ...rpm

    High speed (nhi): ...rpm

    for ESC and ELR Cycles

    Idle: ....rpm

    Speed A: ....rpm

    Speed B: ...rpm

    Speed C: ...rpm

    for ETC cycle

    Reference speed: ...rpm

    8.2.

    Engine power (measured in accordance with the provisions of Directive 80/1269/EEC (23), as last amended by Directive 1999/99/EC (24) in kW

     

    Engine Speed

    Idle

    Speed A (25)

    Speed B (25)

    Speed C (25)

    Ref. Speed (26)

    P(m)

    Power measured on test bed

     

     

     

     

     

    P(a)

     

     

     

     

     

    Power absorbed by auxiliaries to be fitted for test (section 6.1)

     

     

     

     

     

    — if fitted

     

     

     

     

     

    — if not fitted

    0

    0

    0

    0

    0

    P(b)

    Power absorbed by auxiliaries to be removed for test (section 6.2)

    — if fitted

    — if not fitted

     

     

     

     

     

    P(n)

     

     

     

     

     

    Net engine power

     

     

     

     

     

    = P(m) — P(a) + P(b)

    0

    0

    0

    0

    0

    8.3.

    Dynamometer settings (kW)

    The dynamometer settings for the ESC and ELR tests and for the reference cycle of the ETC test shall be based upon the net engine power P(n) of section 8.2. It is recommended to install the engine on the test bed in the net condition. In this case, P(m) and P(n) are identical. If it is impossible or inappropriate to operate the engine under net conditions, the dynamometer settings shall be corrected to net conditions using the above formula.

    8.3.1.

    ESC and ELR Tests

    The dynamometer settings shall be calculated according to the formula in Annex III, Appendix 1, section 1.2.

    Percent Load

    Engine Speed

    Idle

    Speed A

    Speed B

    Speed C

    10

    - - -

     

     

     

    25

    - - -

     

     

     

    50

    - - -

     

     

     

    75

    - - -

     

     

     

    100

    - - -

     

     

     

    8.3.2.

    ETC Test

    If the engine is not tested under net conditions, the correction formula for converting the measured power or measured cycle work, as determined according to Annex III, Appendix 2, section 2, to net power or net cycle work shall be submitted by the engine manufacturer for the whole operating area of the cycle, and approved by the Technical Service.


    (1)  In the case of non-conventional engines and systems, particulars equivalent to those referred to here shall be supplied by the manufacturer.

    (2)  Strike out what does not apply.

    (3)  Specify the tolerance.

    (4)  Strike out what does not apply.

    (5)  OJ L 375, 31.12.1980, p. 46.

    (6)  OJ L 334, 28.12.1999, p. 32.

    (7)  Strike out what does not apply.

    (8)  Specify the tolerance.

    (9)  Strike out what does not apply.

    (10)  In the case of systems laid-out in a different manner, supply equivalent information (for paragraph 3.2).

    (11)  Strike out what does not apply.

    (12)  Specify the tolerance.

    (13)  Strike out what does not apply.

    (14)  Specify the tolerance.

    (15)  Strike out what does not apply.

    (16)  Specify the tolerance.

    (17)  Specify the tolerance.

    (18)  OJ L 375, 31.12.1980, p. 46.

    (19)  OJ L 334, 28.12.1999, p. 32.

    (20)  ESC test.

    (21)  ETC test only.

    (22)  Specify the tolerance; to be within ± 3 % of the values declared by the manufacturer.

    (23)  OJ L 375, 31.12.1980, p. 46.

    (24)  OJ L 334, 28.12.1999, p. 32

    (25)  ESC test.

    (26)  ETC test only.

    Appendix 2

    ESSENTIAL CHARACTERISTICS OF THE ENGINE FAMILY

    1.   Common parameters

    1.1.

    Combustion cycle: ...

    1.2.

    Cooling medium: ...

    1.3.

    Number of cylinders (1): ...

    1.4.

    Individual cylinder displacement: ...

    1.5

    Method of air aspiration: ...

    1.6.

    Combustion chamber type/design: ...

    1.7.

    Valve and porting — configuration, size and number: ...

    1.8.

    Fuel system: ...

    1.9.

    Ignition system (gas engines): ...

    1.10.

    Miscellaneous features:

    charge cooling system (1): ...

    exhaust gas recirculation (1): ...

    water injection/emulsion (1): ...

    air injection (1): ...

    1.11.

    Exhaust aftertreatment (1): ...

    Proof of identical (or lowest for the parent engine) ratio: system capacity/fuel delivery per stroke, pursuant to diagram number(s): ...

    2.   Engine family listing

    2.1.

    Name of diesel engine family: ...

    2.1.1.

    Specification of engines within this family: ...

     

    Parent Engine

    Engine Type

     

     

     

     

     

    No. of cylinders

     

     

     

     

     

    Rated Speed (rpm)

     

     

     

     

     

    Fuel delivery

    per stroke (mm3)

     

     

     

     

     

    Rated net power (kW)

     

     

     

     

     

    Maximum torque speed (rpm)

     

     

     

     

     

    Fuel delivery

    per stroke (mm3)

     

     

     

     

     

    Maximum torque (Nm)

     

     

     

     

     

    Low idle speed (rpm)

     

     

     

     

     

    Cylinder displacement (in % of parent engine)

     

     

     

     

    100

    2.2.

    Name of gas engine family:

    2.2.1.

    Specification of engines within this family: ...

     

    Parent Engine

    Engine Type

     

     

     

     

     

    No. of cylinders

     

     

     

     

     

    Rated Speed (rpm)

     

     

     

     

     

    Fuel delivery per stroke (mm3)

     

     

     

     

     

    Rated net power (kW)

     

     

     

     

     

    Maximum torque speed (rpm)

     

     

     

     

     

    Fuel delivery

    per stroke (mm3)

     

     

     

     

     

    Maximum torque (Nm)

     

     

     

     

     

    Low idle speed (rpm)

     

     

     

     

     

    Cylinder displacement (in % of parent engine)

     

     

     

     

    100

    Spark timing

     

     

     

     

     

    EGR flow

     

     

     

     

     

    Air pump yes/no

     

     

     

     

     

    Air pump actual flow

     

     

     

     

     


    (1)  If not applicable, mark n.a.

    Appendix 3

    ESSENTIAL CHARACTERISTICS OF THE ENGINE TYPE WITHIN THE FAMILY (1)

    1.   Description of engine

    1.1.

    Manufacturer: ...

    1.2.

    Manufacturer's engine code: ...

    1.3.

    Cycle: four stroke / two stroke (2):

    1.4.

    Number and arrangement of cylinders: ...

    1.4.1.

    Bore: ... mm

    1.4.2.

    Stroke: ... mm

    1.4.3.

    Firing order: ...

    1.5.

    Engine capacity: ... cm3

    1.6.

    Volumetric compression ratio (3): ...

    1.7.

    Drawing(s) of combustion chamber and piston crown: ...

    1.8.

    Minimum cross-sectional area of inlet and outlet ports: ... cm2

    1.9.

    Idling speed: ... min-1

    1.10.

    Maximum net power: ... kWat ... min-1

    1.11.

    Maximum permitted engine speed: ... min-1

    1.12.

    Maximum net torque: ... Nm at ... min-1

    1.13.

    Combustion system: compression ignition/positive ignition (4)

    1.14.

    Fuel: Diesel / LPG / NG — H / NG — L / NG — HL / ethanol (4)

    1.15.

    Cooling system

    1.15.1.

    Liquid

    1.15.1.1.

    Nature of liquid: ...

    1.15.1.2.

    Circulating pump(s): yes/no (4)

    1.15.1.3.

    Characteristics or make(s) and type(s) (if applicable): ...

    1.15.1.4.

    Drive ratio(s) (if applicable): ...

    1.15.2.

    Air

    1.15.2.1.

    Blower: yes/no (4)

    1.15.2.2.

    Characteristics or make(s) and type(s) (if applicable): ...

    1.15.2.3.

    Drive ratio(s) (if applicable): ...

    1.16.

    Temperature permitted by the manufacturer

    1.16.1.

    Liquid cooling: Maximum temperature at outlet: ... K

    1.16.2.

    Air cooling: reference point:

    ... Maximum temperature at reference point: ... K

    1.16.3.

    Maximum temperature of the air at the outlet of the intake intercooler (if applicable): ... K

    1.16.4.

    Maximum exhaust temperature at the point in the exhaust pipe(s) adjacent to the outer flange(s) of the exhaust manifold(s) or turbocharger(s): ... K

    1.16.5.

    Fuel temperature: min ... K, max ... K

    for diesel engines at injection pump inlet, for gas fuelled engines at pressure regulator final stage

    1.16.6.

    Fuel pressure: min ... kPa, max ... kPa

    at pressure regulator final stage, NG fuelled gas engines only

    1.16.7.

    Lubricant temperature: min ... K, max ... K

    1.17.

    Pressure charger: yes/no (5)

    1.17.1.

    Make: ...

    1.17.2.

    Type: ...

    1.17.3.

    Description of the system (e.g. max. charge pressure, wastegate, if applicable): ...

    1.17.4.

    Intercooler: yes/no (5)

    1.18.

    Intake system

    1.18.

    Maximum allowable intake depression at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (6), as last amended by Directive 1999/99/EC (7) : ... kPa

    1.19.

    Exhaust system

    Maximum allowable exhaust back pressure at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (6), as last amended by Directive 1999/99/EC (7) : ... kPa

    Exhaust system volume: ... dm3

    2.   Measures taken against air pollution

    2.1.

    Device for recycling crankcase gases (description and drawings): ...

    2.2.

    Additional anti-pollution devices (if any, and if not covered by another heading) ...

    2.2.1.

    Catalytic converter: yes/no (5)

    2.2.1.1.

    Make(s):

    2.2.1.2.

    Type(s): ...

    2.2.1.3.

    Number of catalytic converters and elements: ...

    2.2.1.4.

    Dimensions, shape and volume of the catalytic converter(s): ...

    2.2.1.5.

    Type of catalytic action: ...

    2.2.1.6.

    Total charge of precious metals: ...

    2.2.1.7.

    Relative concentration: ...

    2.2.1.8.

    Substrate (structure and material): ...

    2.2.1.9.

    Cell density: ...

    2.2.1.10.

    Type of casing for the catalytic converter(s): ...

    2.2.1.11.

    Location of the catalytic converter(s) (place and reference distance in the exhaust line): ...

    2.2.2.

    Oxygen sensor: yes/no (8)

    2.2.2.1.

    Make(s): ...

    2.2.2.2.

    Type: ...

    2.2.2.3.

    Location: ...

    2.2.3.

    Air injection: yes/no (8)

    2.2.3.1.

    Type (pulse air, air pump, etc.): ...

    2.2.4.

    EGR: yes/no (8)

    2.2.4.1.

    Characteristics (flow rate etc.): ...

    2.2.5.

    Particulate trap: yes/no (8): ...

    2.2.5.1.

    Dimensions, shape and capacity of the particulate trap: ...

    2.2.5.2.

    Type and design of the particulate trap: ...

    2.2.5.3.

    Location (reference distance in the exhaust line): ...

    2.2.5.4.

    Method or system of regeneration, description and/or drawing: ...

    2.2.6.

    Other systems: yes/no (8)

    2.2.6.1.

    Description and operation: ...

    3.   Fuel feed

    3.1.

    Diesel engines

    3.1.1.

    Feed pump

    Pressure (9) ... kPa or characteristic diagram (8): ...

    3.1.2.

    Injection system

    3.1.2.1.

    Pump

    3.1.2.1.1.

    Make(s): ...

    3.1.2.1.2.

    Type(s): ...

    3.1.2.1.3.

    Delivery: ... mm3  (9) per stroke at engine speed of ... rpm at full injection, or characteristic diagram (8)  (9): ...

    Mention the method used: On engine/on pump bench (8)

    If boost control is supplied, state the characteristic fuel delivery and boost pressure versus engine speed.

    3.1.2.1.4.

    Injection advance

    3.1.2.1.4.1.

    Injection advance curve (9): ...

    3.1.2.1.4.2.

    Static injection timing (9): ...

    3.1.2.2.

    Injection piping

    3.1.2.2.1.

    Length: ... mm

    3.1.2.2.2.

    Internal diameter: ... mm

    3.1.2.3.

    Injector(s)

    3.1.2.3.1.

    Make(s): ...

    3.1.2.3.2.

    Type(s): ...

    3.1.2.3.3.

    ‘Opening pressure‧: ... kPA (10) or characteristic diagram (10)  (11):

    3.1.2.4.

    Governor

    3.1.2.4.1.

    Make(s): ...

    3.1.2.4.2.

    Type(s): ...

    3.1.2.4.3.

    Speed at which cut-off starts under full load: ... rpm

    3.1.2.4.4.

    Maximum no-load speed: ... rpm

    3.1.2.4.5.

    Idling speed: ... rpm

    3.1.3.

    Cold start system

    3.1.3.1.

    Make(s): ...

    3.1.3.2.

    Type(s): ...

    3.1.3.3.

    Description:

    3.1.3.4.

    Auxiliary starting aid: ...

    3.1.3.4.1.

    Make: ...

    3.1.3.4.2.

    Type: ...

    3.2.

    Gas fuelled engines  (12)

    3.2.1.

    Fuel: Natural gas/LPG (11)

    3.2.2.

    Pressure regulator(s) or vaporiser/pressure regulator(s) (10)

    3.2.2.1.

    Make(s): ...

    3.2.2.2.

    Type(s): ...

    3.2.2.3.

    Number of pressure reduction stages: ...

    3.2.2.4.

    Pressure in final stage: min ... kPa, max ... kPa

    3.2.2.5.

    Number of main adjustment points: ...

    3.2.2.6.

    Number of idle adjustment points: ...

    3.2.2.7.

    Certification number according to Directive 1999/96/EC: ...

    3.2.3.

    Fuelling system: mixing unit / gas injection / liquid injection / direct injection (13)

    3.2.3.1.

    Mixture strength regulation: ...

    3.2.3.2.

    System description and/or diagram and drawings: ...

    3.2.3.3.

    Certification number according to Directive 1999/96/EC: ...

    3.2.4.

    Mixing unit

    3.2.4.1.

    Number: ...

    3.2.4.2.

    Make(s): ...

    3.2.4.3.

    Type(s): ...

    3.2.4.4.

    Location: ...

    3.2.4.5.

    Adjustment possibilities: ...

    3.2.4.6.

    Certification number according to Directive 1999/96/EC: ...

    3.2.5.

    Inlet manifold injection

    3.2.5.1.

    Injection: single point/multipoint (13)

    3.2.5.2.

    Injection: continuous/simultaneously timed/sequentially timed (13)

    3.2.5.3.

    Injection equipment

    3.2.5.3.1.

    Make(s): ...

    3.2.5.3.2.

    Type(s): ...

    3.2.5.3.3.

    Adjustment possibilities: ...

    3.2.5.3.4.

    Certification number according to Directive 1999/96/EC: ...

    3.2.5.4.

    Supply pump (if applicable): ...

    3.2.5.4.1.

    Make(s): ...

    3.2.5.4.2.

    Type(s): ...

    3.2.5.4.3.

    Certification number according to Directive 1999/96/EC: ...

    3.2.5.5.

    Injector(s): ...

    3.2.5.5.1.

    Make(s): ...

    3.2.5.5.2.

    Type(s): ...

    3.2.5.5.3.

    Certification number according to Directive 1999/96/EC: ...

    3.2.6.

    Direct injection

    3.2.6.1.

    Injection pump / pressure regulator (13)

    3.2.6.1.1.

    Make(s): ...

    3.2.6.1.2.

    Type(s): ...

    3.2.6.1.3.

    Injection timing: ...

    3.2.6.1.4.

    Certification number according to Directive 1999/96/EC: ...

    3.2.6.2.

    Injector(s)

    3.2.6.2.1.

    Make(s): ...

    3.2.6.2.2.

    Type(s): ...

    3.2.6.2.3.

    Opening pressure or characteristic diagram (14): ...

    3.2.6.2.4.

    Certification number according to Directive 1999/96/EC: ...

    3.2.7.

    Electronic control unit (ECU)

    3.2.7.1.

    Make(s): ...

    3.2.7.2.

    Type(s): ...

    3.2.7.3.

    Adjustment possibilities: ...

    3.2.8.

    NG fuel-specific equipment

    3.2.8.1.

    Variant 1

    (only in the case of approvals of engines for several specific fuel compositions)

    3.2.8.1.1.

    Fuel composition:

    methan (CH4):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    ethane (C2H6):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    propane (C3H8):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    butane (C4H10):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    C5/C5+:

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    oxygen (O2):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    inert (N2, He etc):

    basis: ... % mole

    min. ... % mole

    max. ... % mole

    3.2.8.1.2.

    Injector(s)

    3.2.8.1.2.1.

    Make(s): ...

    3.2.8.1.2.2.

    Type(s): ...

    3.2.8.1.3.

    Others (if applicable): ...

    3.2.8.2

    Variant 2

    (only in the case of approvals for several specific fuel compositions)

    4.   Valve timing

    4.1.

    Maximum lift of valves and angles of opening and closing in relation to dead centres of equivalent data: ...

    4.2.

    Reference and/or setting ranges (15): ...

    5.   Ignition system (spark ignition engines only)

    5.1.

    Ignition system type: common coil and plugs/individual coil and plugs/coil on plug/other (specify) (15)

    5.2.

    Ignition control unit

    5.2.1.

    Make(s): ...

    5.2.2.

    Type(s): ...

    5.3.

    Ignition advance curve / advance map (15)  (16): ...

    5.4.

    Ignition timing (15): ... degrees before TDC at a speed of ... rpm and a MAP of ... kPa

    5.5.

    Spark plugs

    5.5.1.

    Make(s): ...

    5.5.2.

    Type(s): ...

    5.5.3.

    Gap setting: ... mm

    5.6.

    Ignition coil(s)

    5.6.1.

    Make(s): ...

    5.6.2.

    Type(s): ...


    (1)  To be submitted for each engine of the family.

    (2)  Strike out what does not apply.

    (3)  Specify the tolerance.

    (4)  Strike out what does not apply.

    (5)  Strike out what does not apply.

    (6)  OJ L 375, 31.12.1980, p.46.

    (7)  OJ L 334, 28.12.1999, p.32.

    (8)  Strike out what does not apply.

    (9)  Specify the tolerance.

    (10)  Specify the tolerance.

    (11)  Strike out what does not apply.

    (12)  In the case of systems laid-out in a different manner, supply equivalent information (for paragraph 3.2).

    (13)  Strike out what does not apply.

    (14)  Specify the tolerance.

    (15)  Strike out what does not apply.

    (16)  Specify the tolerance.

    Appendix 4

    CHARACTERISTICS OF THE ENGINE-RELATED VEHICLE PARTS

    1.

    Intake system depression at rated engine speed and at 100 % load: ... kPa

    2.

    Exhaust system back pressure at rated engine speed and at 100 % load: ... kPa

    3.

    Volume of exhaust system: ... cm3

    4.

    Power absorbed by the auxiliaries needed for operating the engine as specified in and under the operation conditions of Directive 80/1269/EEC (1), as last amended by Directive 1999/99/EC (2) , Annex I, section 5.1.1.

    Equipment

    Power absorbed (kW) at various engine speeds

    Idle

    Low Speed

    High Speed

    Speed A (3)

    Speed B (3)

    Speed C (3)

    Ref. Speed (4)

    P(a)

    Auxiliaries needed for operating the engine (to be subtracted from measured engine power)

    See Appendix 1, section 6.1.

     

     

     

     

     

     

     


    (1)  OJ L 375, 31.12.1980, p. 46.

    (2)  OJ L 334, 28.12.1999, p. 32.

    (3)  ESC test.

    (4)  ETC test only.

    ANNEX III

    TEST PROCEDURE

    1.   INTRODUCTION

    1.1.   This Annex describes the methods of determining emissions of gaseous components, particulates and smoke from the engines to be tested. Three test cycles are described that shall be applied according to the provisions of Annex I, section 6.2:

    the ESC which consists of a steady state 13-mode cycle,

    the ELR which consists of transient load steps at different speeds, which are integral parts of one test procedure, and are run concurrently,

    the ETC which consists of a second-by-second sequence of transient modes.

    1.2.   The test shall be carried out with the engine mounted on a test bench and connected to a dynamometer.

    1.3.   Measurement principle

    The emissions to be measured from the exhaust of the engine include the gaseous components (carbon monoxide, total hydrocarbons for diesel engines on the ESC test only; non-methane hydrocarbons for diesel and gas engines on the ETC test only; methane for gas engines on the ETC test only and oxides of nitrogen), the particulates (diesel engines only) and smoke (diesel engines on the ELR test only). Additionally, carbon dioxide is often used as a tracer gas for determining the dilution ratio of partial and full flow dilution systems. Good engineering practice recommends the general measurement of carbon dioxide as an excellent tool for the detection of measurement problems during the test run.

    1.3.1.   ESC Test

    During a prescribed sequence of warmed-up engine operating conditions the amounts of the above exhaust emissions shall be examined continuously by taking a sample from the raw exhaust gas. The test cycle consists of a number of speed and power modes which cover the typical operating range of diesel engines. During each mode the concentration of each gaseous pollutant, exhaust flow and power output shall be determined, and the measured values weighted. The particulate sample shall be diluted with conditioned ambient air. One sample over the complete test procedure shall be taken, and collected on suitable filters. The grams of each pollutant emitted per kilowatt hour shall be calculated as described in Appendix 1 to this Annex. Additionally, NOx shall be measured at three test points within the control area selected by the Technical Service  (1) and the measured values compared to the values calculated from those modes of the test cycle enveloping the selected test points. The NOx control check ensures the effectiveness of the emission control of the engine within the typical engine operating range.

    1.3.2.   ELR Test

    During a prescribed load response test, the smoke of a warmed-up engine shall be determined by means of an opacimeter. The test consists of loading the engine at constant speed from 10 % to 100 % load at three different engine speeds. Additionally, a fourth load step selected by the Technical Service (1) shall be run, and the value compared to the values of the previous load steps. The smoke peak shall be determined using an averaging algorithm, as described in Appendix 1 to this Annex.

    1.3.3.   ETC Test

    During a prescribed transient cycle of warmed-up engine operating conditions, which is based closely on road-type-specific driving patterns of heavy-duty engines installed in trucks and buses, the above pollutants shall be examined after diluting the total exhaust gas with conditioned ambient air. Using the engine torque and speed feedback signals of the engine dynamometer, the power shall be integrated with respect to time of the cycle resulting in the work produced by the engine over the cycle. The concentration of NOx and HC shall be determined over the cycle by integration of the analyser signal. The concentration of CO, CO2, and NMHC may be determined by integration of the analyser signal or by bag sampling. For particulates, a proportional sample shall be collected on suitable filters. The diluted exhaust gas flow rate shall be determined over the cycle to calculate the mass emission values of the pollutants. The mass emission values shall be related to the engine work to get the grams of each pollutant emitted per kilowatt hour, as described in Appendix 2 to this Annex.

    2.   TEST CONDITIONS

    2.1.   Engine Test Conditions

    2.1.1.   The absolute temperature (Ta) of the engine air at the inlet to the engine expressed in Kelvin, and the dry atmospheric pressure (ps), expressed in kPa shall be measured and the parameter F shall be determined according to the following provisions:

    (a)

    for diesel engines:

    Naturally aspirated and mechanically supercharged engines:

    Formula

    Turbocharged engines with or without cooling of the intake air

    Formula

    (b)

    for gas engines:

    Formula

    2.1.2.   Test Validity

    For a test to be recognised as valid, the parameter F shall be such that:

    0,96 ≤ F ≤ 1,06

    2.2.   Engines with Charge Air Cooling

    The charge air temperature shall be recorded and shall be, at the speed of the declared maximum power and full load, within ± 5 K of the maximum charge air temperature specified in Annex II, Appendix 1, section 1.16.3. The temperature of the cooling medium shall be at least 293 K (20 °C).

    If a test shop system or external blower is used, the charge air temperature shall be within ± 5 K of the maximum charge air temperature specified in Annex II, Appendix 1, section 1.16.3 at the speed of the declared maximum power and full load. The setting of the charge air cooler for meeting the above conditions shall be used for the whole test cycle.

    2.3.   Engine Air Intake System

    An engine air intake system shall be used presenting an air intake restriction within ± 100 Pa of the upper limit of the engine operating at the speed at the declared maximum power and full load.

    2.4.   Engine Exhaust System

    An exhaust system shall be used presenting an exhaust back pressure within ± 1 000 Pa of the upper limit of the engine operating at the speed of declared maximum power and full load and a volume within ± 40 % of that specified by the manufacturer. A test shop system may be used, provided it represents actual engine operating conditions. The exhaust system shall conform to the requirements for exhaust gas sampling, as set out in Annex III, Appendix 4, section 3.4 and in Annex V, section 2.2.1, EP and section 2.3.1, EP.

    If the engine is equipped with an exhaust aftertreatment device, the exhaust pipe must have the same diameter as found in-use for at least 4 pipe diameters upstream to the inlet of the beginning of the expansion section containing the aftertreatment device. The distance from the exhaust manifold flange or turbocharger outlet to the exhaust aftertreatment device shall be the same as in the vehicle configuration or within the distance specifications of the manufacturer. The exhaust backpressure or restriction shall follow the same criteria as above, and may be set with a valve. The aftertreatment container may be removed during dummy tests and during engine mapping, and replaced with an equivalent container having an inactive catalyst support.

    2.5.   Cooling System

    An engine cooling system with sufficient capacity to maintain the engine at normal operating temperatures prescribed by the manufacturer shall be used.

    2.6.   Lubricating Oil

    Specifications of the lubricating oil used for the test shall be recorded and presented with the results of the test, as specified in Annex II, Appendix 1, section 7.1.

    2.7.   Fuel

    The fuel shall be the reference fuel specified in Annex IV.

    The fuel temperature and measuring point shall be specified by the manufacturer within the limits given in Annex II, Appendix 1, section 1.16.5. The fuel temperature shall not be lower than 306 K (33 °C). If not specified, it shall be 311 K ± 5 K (38 °C ± 5 °C) at the inlet to the fuel supply.

    For NG and LPG fuelled engines, the fuel temperature and measuring point shall be within the limits given in Annex II, Appendix 1, section 1.16.5 or in Annex II, Appendix 3, section 1.16.5 in cases where the engine is not a parent engine.

    2.8.   Testing of Exhaust Aftertreatment Systems

    If the engine is equipped with an exhaust aftertreatment system, the emissions measured on the test cycle(s) shall be representative of the emissions in the field. If this cannot be achieved with one single test cycle (e.g. for particulate filters with periodic regeneration), several test cycles shall be conducted and the test results averaged and/or weighted. The exact procedure shall be agreed by the engine manufacturer and the Technical Service based upon good engineering judgement.


    (1)  The test points shall be selected using approved statistical methods of randomisation.

    Appendix 1

    ESC AND ELR TEST CYCLES

    1.   ENGINE AND DYNAMOMETER SETTINGS

    1.1.   Determination of Engine Speeds A, B and C

    The engine speeds A, B and C shall be declared by the manufacturer in accordance with the following provisions:

    The high speed nhi shall be determined by calculating 70 % of the declared maximum net power P(n), as determined in Annex II, Appendix 1, section 8.2. The highest engine speed where this power value occurs on the power curve is defined as nhi.

    The low speed nlo shall be determined by calculating 50 % of the declared maximum net power P(n), as determined in Annex II, Appendix 1, section 8.2. The lowest engine speed where this power value occurs on the power curve is defined as nlo.

    The engine speeds A, B and C shall be calculated as follows:

    Speed A = nlo + 25% (nhi - nlo)

    Speed B = nlo + 50% (nhi - nlo)

    Speed C = nlo + 75% (nhi - nlo)

    The engine speeds A, B and C may be verified by either of the following methods:

    (a)

    additional test points shall be measured during engine power approval according to Directive 80/1269/EEC for an accurate determination of nhi and nlo. The maximum power, nhi and nlo shall be determined from the power curve, and engine speeds A, B and C shall be calculated according to the above provisions.

    (b)

    the engine shall be mapped along the full load curve, from maximum no load speed to idle speed, using at least 5 measurement points per 1 000 rpm intervals and measurement points within ± 50 rpm of the speed at declared maximum power. The maximum power, nhi and nlo shall be determined from this mapping curve, and engine speeds A, B and C shall be calculated according to the above provisions.

    If the measured engine speeds A, B and C are within ± 3 % of the engine speeds as declared by the manufacturer, the declared engine speeds shall be used for the emissions test. If the tolerance is exceeded for any of the engine speeds, the measured engine speeds shall be used for the emissions test.

    1.2.   Determination of Dynamometer Settings

    The torque curve at full load shall be determined by experimentation to calculate the torque values for the specified test modes under net conditions, as specified in Annex II, Appendix 1, section 8.2. The power absorbed by engine-driven equipment, if applicable, shall be taken into account. The dynamometer setting for each test mode shall be calculated using the formula:

    s = P(n) x (L/100) if tested under net conditions

    s = P(n) x (L/100) + (P(a) - P(b)) if not tested under net conditions

    where:

    s

    = dynamometer setting, kW

    P(n)

    = net engine power as indicated in Annex II, Appendix 1, section 8.2, kW

    L

    = per cent load as indicated in section 2.7.1, (%)

    P(a)

    = power absorbed by auxiliaries to be fitted as indicated in Annex II, Appendix 1, section 6.1

    P(b)

    = power absorbed by auxiliaries to be removed as indicated in Annex II, Appendix 1, section 6.2

    2.   ESC TEST RUN

    At the manufacturers request, a dummy test may be run for conditioning of the engine and exhaust system before the measurement cycle.

    2.1.   Preparation of the Sampling Filters

    At least one hour before the test, each filter (pair) shall be placed in a closed, but unsealed petri dish and placed in a weighing chamber for stabilisation. At the end of the stabilisation period, each filter (pair) shall be weighed and the tare weight shall be recorded. The filter (pair) shall then be stored in a closed petri dish or sealed filter holder until needed for testing. If the filter (pair) is not used within eight hours of its removal from the weighing chamber, it must be conditioned and reweighed before use.

    2.2.   Installation of the Measuring Equipment

    The instrumentation and sample probes shall be installed as required. When using a full flow dilution system for exhaust gas dilution, the tailpipe shall be connected to the system.

    2.3.   Starting the Dilution System and the Engine

    The dilution system and the engine shall be started and warmed up until all temperatures and pressures have stabilised at maximum power according to the recommendation of the manufacturer and good engineering practice.

    2.4.   Starting the Particulate Sampling System

    The particulate sampling system shall be started and running on by-pass. The particulate background level of the dilution air may be determined by passing dilution air through the particulate filters. If filtered dilution air is used, one measurement may be done prior to or after the test. If the dilution air is not filtered, measurements at the beginning and at the end of the cycle, may be done, and the values averaged.

    2.5.   Adjustment of the Dilution Ratio

    The dilution air shall be set such that the temperature of the diluted exhaust gas measured immediately prior to the primary filter shall not exceed 325 K (52 °C) at any mode. The dilution ratio (q) shall not be less than 4.

    For systems that use CO2 or NOx concentration measurement for dilution ratio control, the CO2 or NOx content of the dilution air must be measured at the beginning and at the end of each test. The pre- and post test background CO2 or NOx concentration measurements of the dilution air must be within 100 ppm or 5 ppm of each other, respectively.

    2.6.   Checking the Analysers

    The emission analysers shall be set at zero and spanned.

    2.7.   Test Cycle

    2.7.1. The following 13-mode cycle shall be followed in dynamometer operation on the test engine

    Mode Number

    Engine Speed

    Percent Load

    Weighting Factor

    Mode Length

    1

    idle

    0,15

    4 minutes

    2

    A

    100

    0,08

    2 minutes

    3

    B

    50

    0,10

    2 minutes

    4

    B

    75

    0,10

    2 minutes

    5

    A

    50

    0,05

    2 minutes

    6

    A

    75

    0,05

    2 minutes

    7

    A

    25

    0,05

    2 minutes

    8

    B

    100

    0,09

    2 minutes

    9

    B

    25

    0,10

    2 minutes

    10

    C

    100

    0,08

    2 minutes

    11

    C

    25

    0,05

    2 minutes

    12

    C

    75

    0,05

    2 minutes

    13

    C

    50

    0,05

    2 minutes

    2.7.2.   Test Sequence

    The test sequence shall be started. The test shall be performed in the order of the mode numbers as set out in section 2.7.1.

    The engine must be operated for the prescribed time in each mode, completing engine speed and load changes in the first 20 seconds. The specified speed shall be held to within ± 50 rpm and the specified torque shall be held to within ± 2 % of the maximum torque at the test speed.

    At the manufacturers request, the test sequence may be repeated a sufficient number of times for sampling more particulate mass on the filter. The manufacturer shall supply a detailed description of the data evaluation and calculation procedures. The gaseous emissions shall only be determined on the first cycle.

    2.7.3.   Analyser Response

    The output of the analysers shall be recorded on a strip chart recorder or measured with an equivalent data acquisition system with the exhaust gas flowing through the analysers throughout the test cycle.

    2.7.4.   Particulate Sampling

    One pair of filters (primary and back-up filters, see Annex III, Appendix 4) shall be used for the complete test procedure. The modal weighting factors specified in the test cycle procedure shall be taken into account by taking a sample proportional to the exhaust mass flow during each individual mode of the cycle. This can be achieved by adjusting sample flow rate, sampling time, and/or dilution ratio, accordingly, so that the criterion for the effective weighting factors in section 5.6 is met.

    The sampling time per mode must be at least 4 seconds per 0,01 weighting factor. Sampling must be conducted as late as possible within each mode. Particulate sampling shall be completed no earlier than 5 seconds before the end of each mode.

    2.7.5.   Engine Conditions

    The engine speed and load, intake air temperature and depression, exhaust temperature and backpressure, fuel flow and air or exhaust flow, charge air temperature, fuel temperature and humidity shall be recorded during each mode, with the speed and load requirements (see section 2.7.2) being met during the time of particulate sampling, but in any case during the last minute of each mode.

    Any additional data required for calculation shall be recorded (see sections 4 and 5).

    2.7.6.   NOx Check within the Control Area

    The NOx check within the control area shall be performed immediately upon completion of mode 13.

    The engine shall be conditioned at mode 13 for a period of three minutes before the start of the measurements. Three measurements shall be made at different locations within the control area, selected by the Technical Service (1). The time for each measurement shall be 2 minutes.

    The measurement procedure is identical to the NOx measurement on the 13-mode cycle, and shall be carried out in accordance with sections 2.7.3, 2.7.5, and 4.1 of this Appendix, and Annex III, Appendix 4, section 3.

    The calculation shall be carried out in accordance with section 4.

    2.7.7.   Rechecking the Analysers

    After the emission test a zero gas and the same span gas shall be used for rechecking. The test will be considered acceptable if the difference between the pre-test and post-test results is less than 2 % of the span gas value.

    3.   ELR TEST RUN

    3.1.   Installation of the Measuring Equipment

    The opacimeter and sample probes, if applicable, shall be installed after the exhaust silencer or any aftertreatment device, if fitted, according to the general installation procedures specified by the instrument manufacturer. Additionally, the requirements of section 10 of ISO IDS 11614 shall be observed, where appropriate.

    Prior to any zero and full scale checks, the opacimeter shall be warmed up and stabilised according to the instrument manufacturer's recommendations. If the opacimeter is equipped with a purge air system to prevent sooting of the meter optics, this system shall also be activated and adjusted according to the manufacturer's recommendations.

    3.2.   Checking of the Opacimeter

    The zero and full scale checks shall be made in the opacity readout mode, since the opacity scale offers two truly definable calibration points, namely 0 % opacity and 100 % opacity. The light absorption coefficient is then correctly calculated based upon the measured opacity and the LA, as submitted by the opacimeter manufacturer, when the instrument is returned to the k readout mode for testing.

    With no blockage of the opacimeter light beam, the readout shall be adjusted to 0,0 % ± 1,0 % opacity. With the light being prevented from reaching the receiver, the readout shall be adjusted to 100,0 % ± 1,0 % opacity.

    3.3.   Test Cycle

    3.3.1.   Conditioning of the Engine

    Warming up of the engine and the system shall be at maximum power in order to stabilise the engine parameters according to the recommendation of the manufacturer. The preconditioning phase should also protect the actual measurement against the influence of deposits in the exhaust system from a former test.

    When the engine is stabilised, the cycle shall be started within 20 ± 2 s after the preconditioning phase. At the manufacturers request, a dummy test may be run for additional conditioning before the measurement cycle.

    3.3.2.   Test Sequence

    The test consists of a sequence of three load steps at each of the three engine speeds A (cycle 1), B (cycle 2) and C (cycle 3) determined in accordance with Annex III, section 1.1, followed by cycle 4 at a speed within the control area and a load between 10 % and 100 %, selected by the Technical Service (2). The following sequence shall be followed in dynamometer operation on the test engine, as shown in Figure 3.

    Figure 3

    Sequence of ELR Test

    Image

    (a)

    The engine shall be operated at engine speed A and 10 per cent load for 20 ± 2 s. The specified speed shall be held to within ± 20 rpm and the specified torque shall be held to within ± 2% of the maximum torque at the test speed.

    (b)

    At the end of the previous segment, the speed control lever shall be moved rapidly to, and held in, the wide open position for 10 ± 1 s. The necessary dynamometer load shall be applied to keep the engine speed within ± 150 rpm during the first 3 s, and within ± 20 rpm during the rest of the segment.

    (c)

    The sequence described in (a) and (b) shall be repeated two times.

    (d)

    Upon completion of the third load step, the engine shall be adjusted to engine speed B and 10 per cent load within 20 ± 2 s.

    (e)

    The sequence (a) to (c) shall be run with the engine operating at engine speed B.

    (f)

    Upon completion of the third load step, the engine shall be adjusted to engine speed C and 10 per cent load within 20 ± 2 s.

    (g)

    The sequence (a) to (c) shall be run with the engine operating at engine speed C.

    (h)

    Upon completion of the third load step, the engine shall be adjusted to the selected engine speed and any load above 10 per cent within 20 ± 2 s.

    (i)

    The sequence (a) to (c) shall be run with the engine operating at the selected engine speed.

    3.4.   Cycle Validation

    The relative standard deviations of the mean smoke values at each test speed (SVA, SVB, SVC, as calculated in accordance with section 6.3.3 of this Appendix from the three successive load steps at each test speed) shall be lower than 15 % of the mean value, or 10 % of the limit value shown in Table 1 of Annex I, whichever is greater. If the difference is greater, the sequence shall be repeated until 3 successive load steps meet the validation criteria.

    3.5.   Rechecking of the Opacimeter

    The post-test opacimeter zero drift value shall not exceed ± 5,0 % of the limit value shown in Table 1 of Annex I.

    4.   CALCULATION OF THE GASEOUS EMISSIONS

    4.1.   Data Evaluation

    For the evaluation of the gaseous emissions, the chart reading of the last 30 seconds of each mode shall be averaged, and the average concentrations (conc) of HC, CO and NOx during each mode shall be determined from the average chart readings and the corresponding calibration data. A different type of recording can be used if it ensures an equivalent data acquisition.

    For the NOx check within the control area, the above requirements apply for NOx, only.

    The exhaust gas flow GEXHW or the diluted exhaust gas flow GTOTW, if used optionally, shall be determined in accordance with Annex III, Appendix 4, section 2.3.

    4.2.   Dry/wet correction

    The measured concentration shall be converted to a wet basis according to the following formulae, if not already measured on a wet basis.

    conc (wet) = Kw x conc (dry)

    For the raw exhaust gas:

    Formula

    and,

    Formula

    For the diluted exhaust gas:

    Formula

    or,

    Formula

    For the dilution air

    For the intake air (if different from the dilution air)

    KW,d = 1 - KW1

    KW,a = 1 - KW2

    Formula

    Formula

    Formula

    Formula

    where:

    Ha, Hd

    =

    = g water per kg dry air

    Rd, Ra

    =

    = relative humidity of the dilution/intake air, %

    pd, pa

    =

    = saturation vapour pressure of the dilution/intake air, kPa

    pB

    =

    = total barometric pressure, kPa

    4.3.   NOx Correction for Humidity and Temperature

    As the NOx emission depends on ambient air conditions, the NOx concentration shall be corrected for ambient air temperature and humidity with the factors given in the following formulae:

    Formula

    with:

    A

    = 0,309 GFUEL/GAIRD - 0,0266

    B

    = - 0,209 GFUEL/GAIRD + 0,00954

    Ta

    = temperature of the air, K

    Ha

    = humidity of the intake air, g water per kg dry air

    Formula

    in which.

    Ra

    =

    = relative humidity of the intake air, %

    pa

    =

    = saturation vapour pressure of the intake air, kPa

    pB

    =

    = total barometric pressure, kPa

    4.4.   Calculation of the Emission Mass Flow Rates

    The emission mass flow rates (g/h) for each mode shall be calculated as follows, assuming the exhaust gas density to be 1,293 kg/m3 at 273 K (0 °C) and 101,3 kPa:

    (1) NOx mass = 0,001587 x NOx conc x KH,D x GEXHW

    (2) COx mass = 0,000966 x COconc x GEXHW

    (3) HCmass = 0,000479 x HCconc x GEXHW

    where NOx conc, COconc, HCconc  (3) are the average concentrations (ppm) in the raw exhaust gas, as determined in section 4.1.

    If, optionally, the gaseous emissions are determined with a full flow dilution system, the following formulae shall be applied:

    (1) NOx mass = 0,001587 x NOx conc x KH,D x GTOTW

    (2) COx mass = 0,000966 x COconc x GTOTW

    (3) HCmass = 0,000479 x HCconc x GTOTW

    where NOx conc, COconc, HCconc  (4) are the average background corrected concentrations (ppm) of each mode in the diluted exhaust gas, as determined in Annex III, Appendix 2, section 4.3.1.1.

    4.5.   Calculation of the Specific Emissions

    The emissions (g/kWh) shall be calculated for all individual components in the following way:

    Formula

    Formula

    Formula

    The weighting factors (WF) used in the above calculation are according to section 2.7.1.

    4.6.   Calculation of the Area Control Values

    For the three control points selected according to section 2.7.6, the NOx emission shall be measured and calculated according to section 4.6.1 and also determined by interpolation from the modes of the test cycle closest to the respective control point according to section 4.6.2. The measured values are then compared to the interpolated values according to section 4.6.3.

    4.6.1.   Calculation of the Specific Emission

    The NOx emission for each of the control points (Z) shall be calculated as follows:

    NOx mass,Z = 0,001587 x NOx conc,Z x KH,D x GEXHW

    Formula

    4.6.2.   Determination of the Emission Value from the Test Cycle

    The NOx emission for each of the control points shall be interpolated from the four closest modes of the test cycle that envelop the selected control point Z as shown in Figure 4. For these modes (R, S, T, U), the following definitions apply:

    Speed (R)

    = Speed (T) = nRT

    Speed (S)

    = Speed (U) = nSU

    Per cent load (R)

    = Per cent load (S)

    Per cent load (T)

    = Per cent load (U).

    The NOx emission of the selected control point Z shall be calculated as follows:

    Formula

    and:

    Formula

    Formula

    Formula

    Formula

    where,

    ER, ES, ET, EU

    = specific NOx emission of the enveloping modes calculated in accordance with section 4.6.1.

    MR, MS, MT, MU

    = engine torque of the enveloping modes

    Figure 4

    Interpolation of NOx Control Point

    Image

    4.6.3.   Comparison of NOx Emission Values

    The measured specific NOx emission of the control point Z (NOx,Z) is compared to the interpolated value (EZ) as follows:

    Formula

    5.   CALCULATION OF THE PARTICULATE EMISSION

    5.1.   Data Evaluation

    For the evaluation of the particulates, the total sample masses (MSAM,i) through the filters shall be recorded for each mode.

    The filters shall be returned to the weighing chamber and conditioned for at least one hour, but not more than 80 hours, and then weighed. The gross weight of the filters shall be recorded and the tare weight (see section 1 of this Appendix) subtracted. The particulate mass Mf is the sum of the particulate masses collected on the primary and back-up filters.

    If background correction is to be applied, the dilution air mass (MDIL) through the filters and the particulate mass (Md) shall be recorded. If more than one measurement was made, the quotient Md/MDIL must be calculated for each single measurement and the values averaged.

    5.2.   Partial Flow Dilution System

    The final reported test results of the particulate emission shall be determined through the following steps. Since various types of dilution rate control may be used, different calculation methods for GEDFW apply. All calculations shall be based upon the average values of the individual modes during the sampling period.

    5.2.1.   Isokinetic Systems

    GEDFW,i = GEXHW,i x qI

    Formula

    where r corresponds to the ratio of the cross sectional areas of the isokinetic probe and the exhaust pipe:

    Formula

    5.2.2.   Systems with Measurement of CO2 or NOx Concentration

    GEDF W,i = GEXH W,i × qi

    Formula

    where:

    concE

    =

    = wet concentration of the tracer gas in the raw exhaust

    concD

    =

    = wet concentration of the tracer gas in the diluted exhaust

    concA

    =

    = wet concentration of the tracer gas in the dilution air

    Concentrations measured on a dry basis shall be converted to a wet basis according to section 4.2 of this Appendix.

    5.2.3.   Systems with CO2 Measurement and Carbon Balance Method (5)

    Formula

    where:

    CO2D

    = CO2 concentration of the diluted exhaust

    CO2A

    = CO2 concentration of the dilution air

    (concentrations in vol % on wet basis)

    This equation is based upon the carbon balance assumption (carbon atoms supplied to the engine are emitted as CO2) and determined through the following steps:

    GEDFW,i = GEXHW,i x qi

    and

    Formula

    5.2.4.   Systems with Flow Measurement

    GEDF W,i = GEXH W,i × qi

    Formula

    5.3.   Full Flow Dilution System

    The reported test results of the particulate emission shall be determined through the following steps. All calculations shall be based upon the average values of the individual modes during the sampling period.

    GEDFW,i = GTOTW,i

    5.4.   Calculation of the Particulate Mass Flow Rate

    The particulate mass flow rate shall be calculated as follows:

    Formula

    where

    Formula

    =

    Formula

    MSAM

    =

    Formula

    i

    =

    = 1, ... n

    determined over the test cycle by summation of the average values of the individual modes during the sampling period.

    The particulate mass flow rate may be background corrected as follows:

    Formula

    If more than one measurement is made, Formula shall be replaced with Formula.

    Formula for the individual modes

    or,

    Formula for the individual modes.

    5.5.   Calculation of the Specific Emission

    The particulate emission shall be calculated in the following way:

    Formula

    5.6.   Effective Weighting Factor

    The effective weighting factor WFE,i for each mode shall be calculated in the following way:

    Formula

    The value of the effective weighting factors shall be within ± 0,003 (± 0,005 for the idle mode) of the weighting factors listed in section 2.7.1.

    6.   CALCULATION OF THE SMOKE VALUES

    6.1.   Bessel Algorithm

    The Bessel algorithm shall be used to compute the 1 s average values from the instantaneous smoke readings, converted in accordance with section 6.3.1. The algorithm emulates a low pass second order filter, and its use requires iterative calculations to determine the coefficients. These coefficients are a function of the response time of the opacimeter system and the sampling rate. Therefore, section 6.1.1 must be repeated whenever the system response time and/or sampling rate changes.

    6.1.1.   Calculation of Filter Response Time and Bessel Constants

    The required Bessel response time (tF) is a function of the physical and electrical response times of the opacimeter system, as specified in Annex III, Appendix 4, section 5.2.4, and shall be calculated by the following equation:

    Formula

    where:

    tp

    =

    = physical response time, s

    te

    =

    = electrical response time, s

    The calculations for estimating the filter cut-off frequency (fc) are based on a step input 0 to 1 in ≤ 0,01 s (see Annex VII). The response time is defined as the time between when the Bessel output reaches 10 % (t10) and when it reaches 90% (t90) of this step function. This must be obtained by iterating on fc until t90-t10-tF. The first iteration for fc is given by the following formula:

    Formula

    The Bessel constants E and K shall be calculated by the following equations:

    Formula

    K = 2 × E × (D × Ω2 - 1) - 1

    where:

    D

    =

    0,618034

    Δt

    =

    Formula

    Ω

    =

    Formula

    6.1.2   Calculation of the Bessel Algorithm

    Using the values of E and K, the 1 s Bessel averaged response to a step input Si shall be calculated as follows:

    Yi = Yi - 1 + E x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + K x (Yi - 1 - Yi - 2)

    where:

    Si-2

    =

    Si-1 = 0

    Si

    =

    1

    Yi-2

    =

    Yi-1 = 0

    The times t10 and t90 shall be interpolated. The difference in time between t90 and t10 defines the response time tF for that value of fc. If this response time is not close enough to the required response time, iteration shall be continued until the actual response time is within 1 % of the required response as follows:

    ((t90 - t10) - tF) ≤ 0,01 x tF

    6.2.   Data Evaluation

    The smoke measurement values shall be sampled with a minimum rate of 20 Hz.

    6.3.   Determination of Smoke

    6.3.1.   Data Conversion

    Since the basic measurement unit of all opacimeters is transmittance, the smoke values shall be converted from transmittance (τ) to the light absorption coefficient (k) as follows:

    Formula

    and

    N = 100—τ

    where:

    k

    =

    light absorption coefficient, m-1

    LA

    =

    = effective optical path length, as submitted by instrument manufacturer, m

    N

    =

    = opacity, %

    τ

    =

    = transmittance, %

    The conversion shall be applied, before any further data processing is made.

    6.3.2   Calculation of Bessel Averaged Smoke

    The proper cut-off frequency fc is the one that produces the required filter response time tF. Once this frequency has been determined through the iterative process of section 6.1.1, the proper Bessel algorithm constants E and K shall be calculated. The Bessel algorithm shall then be applied to the instantaneous smoke trace (k-value), as described in section 6.1.2:

    Yi = Yi - 1 + E x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + K x (Yi - 1 - Yi - 2)

    The Bessel algorithm is recursive in nature. Thus, it needs some initial input values of Si-1 and Si-2 and initial output values Yi-1 and Yi-2 to get the algorithm started. These may be assumed to be 0.

    For each load step of the three speeds A, B and C, the maximum 1s value Ymax shall be selected from the individual Yi values of each smoke trace.

    6.3.3.   Final Result

    The mean smoke values (SV) from each cycle (test speed) shall be calculated as follows:

    For test speed A:

    SVA = (Ymax1,A + Ymax2,A + Ymax3,A) / 3

    For test speed B:

    SVB = (Ymax1,B + Ymax2,B + Ymax3,B) / 3

    For test speed C:

    SVC = SVC = (Ymax1,C + Ymax2,C + Ymax3,C) / 3

    where:

    Ymax1, Ymax2, Ymax3

    = highest 1 s Bessel averaged smoke value at each of the three load steps

    The final value shall be calculated as follows:

    SV = (0,43 x SVA) + (0,56 x SVB) + (0,01 x SVC)


    (1)  The test points shall be selected using approved statistical methods of randomisation.

    (2)  The test points shall be selected using approved statistical methods of randomisation.

    (3)  Based on C1 equivalent.

    (4)  Based on C1 equivalent.

    (5)  The value is only valid for the reference fuel specified in Annex I.

    Appendix 2

    ETC TEST CYCLE

    1.   ENGINE MAPPING PROCEDURE

    1.1.   Determination of the Mapping Speed Range

    For generating the ETC on the test cell, the engine needs to be mapped prior to the test cycle for determining the speed vs. torque curve. The minimum and maximum mapping speeds are defined as follows:

    Minimum mapping speed

    = idle speed

    Maximum mapping speed

    = nhi x 1,02 or speed where full load torque drops off to zero, whichever is lower

    1.2.   Performing the Engine Power Map

    The engine shall be warmed up at maximum power in order to stabilise the engine parameters according to the recommendation of the manufacturer and good engineering practice. When the engine is stabilised, the engine map shall be performed as follows:

    (a)

    the engine shall be unloaded and operated at idle speed;

    (b)

    the engine shall be operated at full load setting of the injection pump at minimum mapping speed;

    (c)

    the engine speed shall be increased at an average rate of 8 ± 1 min-1 /s from minimum to maximum mapping speed. Engine speed and torque points shall be recorded at a sample rate of a least one point per second.

    1.3.   Mapping Curve Generation

    All data points recorded under section 1.2 shall be connected using linear interpolation between points. The resulting torque curve is the mapping curve and shall be used to convert the normalised torque values of the engine cycle into actual torque values for the test cycle, as described in section 2.

    1.4.   Alternate Mapping

    If a manufacturer believes that the above mapping techniques are unsafe or unrepresentative for any given engine, alternate mapping techniques may be used. These alternate techniques must satisfy the intent of the specified mapping procedures to determine the maximum available torque at all engine speeds achieved during the test cycles. Deviations from the mapping techniques specified in this section for reasons of safety or representativeness shall be approved by the Technical Service along with the justification for their use. In no case, however, shall descending continual sweeps of engine speed be used for governed or turbocharged engines.

    1.5.   Replicate Tests

    An engine need not be mapped before each and every test cycle. An engine shall be remapped prior to a test cycle if:

    an unreasonable amount of time has transpired since the last map, as determined by engineering judgement,

    or

    physical changes or recalibrations have been made to the engine which may potentially affect engine performance.

    2.   GENERATION OF THE REFERENCE TEST CYCLE

    The transient test cycle is described in Appendix 3 to this Annex. The normalised values for torque and speed shall be changed to the actual values, as follows, resulting in the reference cycle.

    2.1.   Actual Speed

    The speed shall be unnormalised using the following equation:

    Formula

    The reference speed (nref) corresponds to the 100 % speed values specified in the engine dynamometer schedule of Appendix 3. It is defined as follows (see Figure 1 of Annex I):

    nref = nlo + 95 % x (nhi - nlo)

    where nhi and nlo are either specified according to Annex I, section 2 or determined according to Annex III, Appendix 1, section 1.1.

    2.2.   Actual torque

    The torque is normalised to the maximum torque at the respective speed. The torque values of the reference cycle shall be unnormalised, using the mapping curve determined according to section 1.3, as follows:

    Actual torque = (torque % x max. torque/100)

    for the respective actual speed as determined in section 2.1.

    The negative torque values of the motoring points ( ‘m‧) shall take on, for purposes of reference cycle generation, unnormalised values determined in either of the following ways:

    negative 40 % of the positive torque available at the associated speed point,

    mapping of the negative torque required to motor the engine from minimum to maximum mapping speed,

    determination of the negative torque required to motor the engine at idle and reference speeds and linear interpolation between these two points.

    2.3.   Example of the Unnormalisation Procedure

    As an example, the following test point shall be unnormalised:

    speed

    = 43 %

    torque

    = 82 %

    Given the following values:

    reference speed

    = 2 200 min- 1

    idle speed

    = 600 min- 1

    results in,

    actual speed = (43 x (2 200 - 600)/100) + 600 = 1 288 min-1

    actual torque = (82 x 700/100) = 574 Nm

    where the maximum torque observed from the mapping curve at 1 288 min- 1 700 Nm.

    3.   EMISSIONS TEST RUN

    At the manufacturers request, a dummy test may be run for conditioning of the engine and exhaust system before the measurement cycle.

    NG and LPG fuelled engines shall be run-in using the ETC test. The engine shall be run over a minimum of two ETC cycles and until the CO emission measured over one ETC cycle does not exceed by more than 10 % the CO emission measured over the previous ETC cycle.

    3.1.   Preparation of the Sampling Filters (Diesel Engines Only)

    At least one hour before the test, each filter (pair) shall be placed in a closed, but unsealed petri dish and placed in a weighing chamber for stabilisation. At the end of the stabilisation period, each filter (pair) shall be weighed and the tare weight shall be recorded. The filter (pair) shall then be stored in a closed petri dish or sealed filter holder until needed for testing. If the filter (pair) is not used within eight hours of its removal from the weighing chamber, it must be conditioned and reweighed before use.

    3.2.   Installation of the Measuring Equipment

    The instrumentation and sample probes shall be installed as required. The tailpipe shall be connected to the full flow dilution system.

    3.3.   Starting the Dilution System and the Engine

    The dilution system and the engine shall be started and warmed up until all temperatures and pressures have stabilised at maximum power according to the recommendation of the manufacturer and good engineering practice.

    3.4.   Starting the Particulate Sampling System (Diesel Engines Only)

    The particulate sampling system shall be started and running on by-pass. The particulate background level of the dilution air may be determined by passing dilution air through the particulate filters. If filtered dilution air is used, one measurement may be done prior to or after the test. If the dilution air is not filtered, measurements at the beginning and at the end of the cycle, may be done, and the values averaged.

    3.5.   Adjustment of the Full Flow Dilution System

    The total diluted exhaust gas flow shall be set to eliminate water condensation in the system, and to obtain a maximum filter face temperature of 325 K (52 °C) or less (see Annex V, section 2.3.1, DT).

    3.6.   Checking the Analysers

    The emission analysers shall be set at zero and spanned. If sample bags are used, they shall be evacuated.

    3.7.   Engine Starting Procedure

    The stabilised engine shall be started according to the manufacturer's recommended starting procedure in the owner's manual, using either a production starter motor or the dynamometer. Optionally, the test may start directly from the engine preconditioning phase without shutting the engine off, when the engine has reached the idle speed.

    3.8.   Test Cycle

    3.8.1.   Test Sequence

    The test sequence shall be started, if the engine has reached idle speed. The test shall be performed according to the reference cycle as set out in section 2 of this Appendix. Engine speed and torque command set points shall be issued at 5 Hz (10 Hz recommended) or greater. Feedback engine speed and torque shall be recorded at least once every second during the test cycle, and the signals may be electronically filtered.

    3.8.2.   Analyser Response

    At the start of the engine or test sequence, if the cycle is started directly from the preconditioning, the measuring equipment shall be started, simultaneously:

    start collecting or analysing dilution air;

    start collecting or analysing diluted exhaust gas;

    start measuring the amount of diluted exhaust gas (CVS) and the required temperatures and pressures;

    start recording the feedback data of speed and torque of the dynamometer.

    HC and NOx shall be measured continuously in the dilution tunnel with a frequency of 2 Hz. The average concentrations shall be determined by integrating the analyser signals over the test cycle. The system response time shall be no greater than 20 s, and shall be coordinated with CVS flow fluctuations and sampling time/test cycle offsets, if necessary. CO, CO2, NMHC and CH4 shall be determined by integration or by analysing the concentrations in the sample bag, collected over the cycle. The concentrations of the gaseous pollutants in the dilution air shall be determined by integration or by collecting into the background bag. All other values shall be recorded with a minimum of one measurement per second (1 Hz).

    3.8.3.   Particulate Sampling (Diesel Engines Only)

    At the start of the engine or test sequence, if the cycle is started directly from the preconditioning, the particulate sampling system shall be switched from by-pass to collecting particulates.

    If no flow compensation is used, the sample pump(s) shall be adjusted so that the flow rate through the particulate sample probe or transfer tube is maintained at a value within ± 5 % of the set flow rate. If flow compensation (i.e. proportional control of sample flow) is used, it must be demonstrated that the ratio of main tunnel flow to particulate sample flow does not change by more than ± 5 % of its set value (except for the first 10 seconds of sampling).

    Note: For double dilution operation, sample flow is the net difference between the flow rate through the sample filters and the secondary dilution air flow rate.

    The average temperature and pressure at the gas meter(s) or flow instrumentation inlet shall be recorded. If the set flow rate cannot be maintained over the complete cycle (within ± 5 %) because of high particulate loading on the filter, the test shall be voided. The test shall be rerun using a lower flow rate and/or a larger diameter filter.

    3.8.4   Engine Stalling

    If the engine stalls anywhere during the test cycle, the engine shall be preconditioned and restarted, and the test repeated. If a malfunction occurs in any of the required test equipment during the test cycle, the test shall be voided.

    3.8.5.   Operations After Test

    At the completion of the test, the measurement of the diluted exhaust gas volume, the gas flow into the collecting bags and the particulate sample pump shall be stopped. For an integrating analyser system, sampling shall continue until system response times have elapsed.

    The concentrations of the collecting bags, if used, shall be analysed as soon as possible and in any case not later than 20 minutes after the end of the test cycle.

    After the emission test, a zero gas and the same span gas shall be used for re-checking the analysers. The test will be considered acceptable if the difference between the pre-test and post-test results is less than 2 % of the span gas value.

    For diesel engines only, the particulate filters shall be returned to the weighing chamber no later than one hour after completion of the test and shall be conditioned in a closed, but unsealed petri dish for at least one hour, but not more than 80 hours before weighing.

    3.9.   Verification of the Test Run

    3.9.1.   Data Shift

    To minimise the biasing effect of the time lag between the feedback and reference cycle values, the entire engine speed and torque feedback signal sequence may be advanced or delayed in time with respect to the reference speed and torque sequence. If the feedback signals are shifted, both speed and torque must be shifted the same amount in the same direction.

    3.9.2   Calculation of the Cycle Work

    The actual cycle work Wact (kWh) shall be calculated using each pair of engine feedback speed and torque values recorded. This shall be done after any feedback data shift has occurred, if this option is selected. The actual cycle work Wact is used for comparison to the reference cycle work Wref and for calculating the brake specific emissions (see sections 4.4 and 5.2). The same methodology shall be used for integrating both reference and actual engine power. If values are to be determined between adjacent reference or adjacent measured values, linear interpolation shall be used.

    In integrating the reference and actual cycle work, all negative torque values shall be set equal to zero and included. If integration is performed at a frequency of less than 5 Hertz, and if, during a given time segment, the torque value changes from positive to negative or negative to positive, the negative portion shall be computed and set equal to zero. The positive portion shall be included in the integrated value.

    Wact shall be between - 15 % and + 5 % of Wref.

    3.9.3.   Validation Statistics of the Test Cycle

    Linear regressions of the feedback values on the reference values shall be performed for speed, torque and power. This shall be done after any feedback data shift has occurred, if this option is selected. The method of least squares shall be used, with the best fit equation having the form:

    y = mx + b

    where:

    y

    =

    Feedback (actual) value of speed (min-1), torque (Nm), or power (kW)

    m

    =

    slope of the regression line

    x

    =

    reference value of speed (min-1), torque (Nm), or power (kW)

    b

    =

    y intercept of the regression line

    The standard error of estimate (SE) of y on x and the coefficient of determination (r2) shall be calculated for each regression line.

    It is recommended that this analysis be performed at 1 Hertz. All negative reference torque values and the associated feedback values shall be deleted from the calculation of cycle torque and power validation statistics. For a test to be considered valid, the criteria of table 6 must be met.

    Table 6

    Regression line tolerances

     

    Speed

    Torque

    Power

    Standard error of estimate (SE) of Y on X

    Max 100 min-1

    Max 13 % (15 %) (1) of power map maximum engine torque

    Max 8 % (15 %) (1) of power map maximum engine power

    Slope of the regression line, m

    0,95 to 1,03

    0,83-1,03

    0,89-1,03

    (0,83-1,03) (1)

    Coefficient of determination, r2

    min 0,9700 (min 0,9500) (1)

    min 0,8800 (min 0,7500) (1)

    min 0,9100 (min 0,7500) (1)

    Y intercept of the regression line, b

    ± 50 min-1

    ± 20 Nm or ± 2 %

    (± 20 Nm or ± 3 %) (1) of max torque whichever is greater

    ± 4 kW or ± 2 % (± 4 kW or ± 3 %) (1) of max power whichever is greater

    Point deletions from the regression analyses are permitted where noted in Table 7.

    Table 7

    Permitted Point Deletions From Regression Analysis

    Conditions

    Points to be deleted

    Full load and torque feedback < torque reference

    Torque and/or power

    No load, not an idle point, and torque feedback > torque reference

    Torque and/or power

    No load/closed throttle, idle point and speed > reference idle speed

    Speed and/or power

    4.   CALCULATION OF THE GASEOUS EMISSIONS

    4.1.   Determination of the Diluted Exhaust Gas Flow

    The total diluted exhaust gas flow over the cycle (kg/test) shall be calculated from the measurement values over the cycle and the corresponding calibration data of the flow measurement device (V0 for PDP or KV for CFV, as determined in Annex III, Appendix 5, section 2). The following formulae shall be applied, if the temperature of the diluted exhaust is kept constant over the cycle by using a heat exchanger (± 6 K for a PDP-CVS, ± 11 K for a CFV-CVS, see Annex V, section 2.3).

    For the PDP-CVS system:

    MTOTW = 1,293 x V0 x Np x (pB - p1) x 273 / (101,3 x T)

    where:

    MTOTW

    =

    mass of the diluted exhaust gas on wet basis over the cycle, kg

    V0

    =

    volume of gas pumped per revolution under test conditions, m3/rev

    NP

    =

    total revolutions of pump per test

    pB

    =

    atmospheric pressure in the test cell, kPa

    p1

    =

    pressure depression below atmospheric at pump inlet, kPa

    T

    =

    average temperature of the diluted exhaust gas at pump inlet over the cycle, K

    For the CFV-CVS system:

    MTOTW = 1,293 x t x Kv x pA / T0,5

    where:

    MTOTW

    =

    mass of the diluted exhaust gas on wet basis over the cycle, kg

    t

    =

    cycle time, s

    Kv

    =

    calibration coefficient of the critical flow venturi for standard conditions

    pA

    =

    absolute pressure at venturi inlet, kPa

    T

    =

    absolute temperature at venturi inlet, K

    If a system with flow compensation is used (i.e. without heat exchanger), the instantaneous mass emissions shall be calculated and integrated over the cycle. In this case, the instantaneous mass of the diluted exhaust gas shall be calculated as follows.

    For the PDP-CVS system:

    MTOTW,i = 1,293 x V0 x Np,i x (pB - p1) x 273 / (101,3 · T)

    where:

    MTOTW,i

    =

    instantaneous mass of the diluted exhaust gas on wet basis, kg

    Np,i

    =

    total revolutions of pump per time interval

    For the CFV-CVS system:

    MTOTW,i = 1,293 x Δti x Kv x pA / T0,5

    where:

    MTOTW,i

    =

    instantaneous mass of the diluted exhaust gas on wet basis, kg

    Δti

    =

    time interval, s

    If the total sample mass of particulates (MSAM) and gaseous pollutants exceeds 0,5 % of the total CVS flow (MTOTW), the CVS flow shall be corrected for MSAM or the particulate sample flow shall be returned to the CVS prior to the flow measuring device (PDP or CFV).

    4.2.   NOx Correction for Humidity

    As the NOx emission depends on ambient air conditions, the NOx concentration shall be corrected for ambient air humidity with the factors given in the following formulae.

    (a)

    for diesel engines:

    Formula

    (b)

    for gas engines:

    Formula

    where:

    Ha

    =

    humidity of the intake air water per kg dry air

    in which:

    Formula

    Ra

    =

    relative humidity of the intake air, %

    pa

    =

    saturation vapour pressure of the intake air, kPa

    pB

    =

    total barometric pressure, kPa

    4.3.   Calculation of the Emission Mass Flow

    4.3.1.   Systems with Constant Mass Flow

    For systems with heat exchanger, the mass of the pollutants (g/test) shall be determined from the following equations:

    (1) NOx mass = 0,001587 x NOx conc x KH,D x MTOTW (diesel engines)

    (2) NOx mass = 0,001587 x NOx conc x KH,G x MTOTW (gas engines)

    (3) COmass = 0,000966 x COconc x MTOTW

    (4) HCmass = 0,000479 x HCconc xMTOTW (diesel engines)

    (5) HCmass = 0,000502 x HCconc x MTOTW (LPG fuelled engines)

    (6) NMHCmass = 0,000516 x NMHCconc x MTOTW (NG fuelled engines)

    (7) CH4 mass = 0,000552 x CH4 conc x MTOTW (NG fuelled engines)

    where:

    NOx conc, COconc, HCconc  (2), NMHCconc

    = average background corrected concentrations over the cycle from integration (mandatory for NOx and HC) or bag measurement, ppm

    MTOTW

    = total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg

    KH,D

    = humidity correction factor for diesel engines as determined in section 4.2

    KH,G

    = humidity correction factor for gas engines as determined in section 4.2

    Concentrations measured on a dry basis shall be converted to a wet basis in accordance with Annex III, Appendix 1, section 4.2.

    The determination of NMHCconc depends on the method used (see Annex III, Appendix 4, section 3.3.4). In both cases, the CH4 concentration shall be determined and subtracted from the HC concentration as follows:

    (a)

    GC method

    NMHCconc = HCconc - CH4 conc

    (b)

    NMC method

    Formula

    where:

    HC(wCutter)

    = HC concentration with the sample gas flowing through the NMC

    HC(w/oCutter)

    = HC concentration with the sample gas bypassing the NMC

    CEM

    = methane efficiency as determined per Annex III, Appendix 5, section 1.8.4.1

    CEE

    = ethane efficiency as determined per Annex III, Appendix 5, section 1.8.4.2

    4.3.1.1.   Determination of the Background Corrected Concentrations

    The average background concentration of the gaseous pollutants in the dilution air shall be subtracted from measured concentrations to get the net concentrations of the pollutants. The average values of the background concentrations can be determined by the sample bag method or by continuous measurement with integration. The following formula shall be used.

    Formula

    where:

    conc

    = concentration of the respective pollutant in the diluted exhaust gas, corrected by the amount of the respective pollutant contained in the dilution air, ppm

    conce

    = concentration of the respective pollutant measured in the diluted exhaust gas, ppm

    concd

    = concentration of the respective pollutant measured in the dilution air, ppm

    DF

    = dilution factor

    The dilution factor shall be calculated as follows:

    (a)

    for diesel and LPG fuelled gas engines

    Formula

    (b)

    for NG-fuelled gas engines

    Formula

    where:

    CO2, conce

    =

    = concentration of CO2 in the diluted exhaust gas, % vol

    HCconce

    =

    = concentration of HC in the diluted exhaust gas, ppm C1

    NMHCconce

    =

    = concentration of NMHC in the diluted exhaust gas, ppm C1

    COconce

    =

    = concentration of CO in the diluted exhaust gas, ppm

    FS

    =

    = stoichiometric factor

    Concentrations measured on dry basis shall be converted to a wet basis in accordance with Annex III, Appendix 1, section 4.2.

    The stoichiometric factor shall be calculated as follows:

    FS = 100 x (X/X + (y/2) + 3,76 x (X + (y/4)))

    where:

    x, y

    =

    fuel composition CxHy

    Alternatively, if the fuel composition is not known, the following stoichiometric factors may be used:

    FS (diesel)

    = 13,4

    FS (LPG)

    = 11,6

    FS (NG)

    = 9,5

    4.3.2.   Systems with Flow Compensation

    For systems without heat exchanger, the mass of the pollutants (g/test) shall be determined by calculating the instantaneous mass emissions and integrating the instantaneous values over the cycle. Also, the background correction shall be applied directly to the instantaneous concentration value. The following formulae shall be applied:

    (1)

    Formula

    (diesel engines)

    (2)

    Formula

    (gas engines)

    (3)

    Formula

    (4)

    Formula

    (diesel engines)

    (5)

    Formula

    (LPG engines)

    (6)

    Formula

    (NG engines)

    (7)

    Formula

    (NG engines)

    where:

    conce

    =

    concentration of the respective pollutant measured in the diluted exhaust gas, ppm

    concd

    =

    concentration of the respective pollutant measured in the dilution air, ppm

    MTOTW,i

    =

    instantaneous mass of the diluted exhaust gas (see section 4.1), kg

    MTOTW

    =

    total mass of diluted exhaust gas over the cycle (see section 4.1), kg

    KH,D

    =

    humidity correction factor for diesel engines as determined in section 4.2

    KH,G

    =

    humidity correction factor for gas engines as determined in section 4.2

    DF

    =

    dilution factor as determined in section 4.3.1.1

    4.4.   Calculation of the Specific Emissions

    The emissions (g/kWh) shall be calculated for all individual components in the following way:

    Formula(diesel and gas engines)

    Formula(diesel and gas engines)

    Formula(diesel and LPG fuelled gas engines)

    Formula(NG fuelled gas engines)

    Formula(NG fuelled gas engines)

    where:

    Wact

    =

    actual cycle work as determined in section 3.9.2, kWh

    5.   CALCULATION OF THE PARTICULATE EMISSION (DIESEL ENGINES ONLY)

    5.1.   Calculation of the Mass Flow

    The particulate mass (g/test) shall be calculated as follows:

    PTmass = (Mf/MSAM) x (MTOTW/1 000)

    where:

    Mf

    = particulate mass sampled over the cycle, mg

    MTOTW

    = total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg

    MSAM

    = mass of diluted exhaust gas taken from the dilution tunnel for collecting particulates, kg

    and:

    Mf

    =

    Mf,p + Mf,b if weighed separately, mg

    Mf,p

    =

    particulate mass collected on the primary filter, mg

    Mf,b

    =

    particulate mass collected on the back-up filter, mg

    If a double dilution system is used, the mass of the secondary dilution air shall be subtracted from the total mass of the double diluted exhaust gas sampled through the particulate filters

    MSAM = MTOT - MSEC

    where:

    MTOT

    =

    mass of double diluted exhaust gas through particulate filter, kg

    MSEC

    =

    mass of secondary dilution air, kg

    If the particulate background level of the dilution air is determined in accordance with section 3.4, the particulate mass may be background corrected. In this case, the particulate mass (g/test) shall be calculated as follows:

    Formula

    where:

    Mf, MSAM, MTOTW

    =

    see above

    MDIL

    =

    mass of primary dilution air sampled by background particulate sampler, kg

    Md

    =

    mass of the collected background particulates of the primary dilution air, mg

    DF

    =

    dilution factor as determined in section 4.3.1.1

    5.2.   Calculation of the specific emission

    The particulate emission (g/kWh) shall be calculated in the following way:

    Formula

    where:

    Wact

    =

    actual cycle work as determined in section 3.9.2, kWh.


    (1)  Until 1 October 2005, the figures shown in brackets may be used for the type-approval testing of gas engines. (Before 1 October 2004, the Commission shall report on the development of gas engine technology to confirm or modify the regression line tolerances applicable to gas engines given in this table.)

    (2)  Based on C1 equivalent.

    Appendix 3

    ETC ENGINE DYNAMOMETER SCHEDULE

    Time

    s

    Norm. Speed

    %

    Norm. Torque

    %

    1

    0

    0

    2

    0

    0

    3

    0

    0

    4

    0

    0

    5

    0

    0

    6

    0

    0

    7

    0

    0

    8

    0

    0

    9

    0

    0

    10

    0

    0

    11

    0

    0

    12

    0

    0

    13

    0

    0

    14

    0

    0

    15

    0

    0

    16

    0,1

    1,5

    17

    23,1

    21,5

    18

    12,6

    28,5

    19

    21,8

    71

    20

    19,7

    76,8

    21

    54,6

    80,9

    22

    71,3

    4,9

    23

    55,9

    18,1

    24

    72

    85,4

    25

    86,7

    61,8

    26

    51,7

    0

    27

    53,4

    48,9

    28

    34,2

    87,6

    29

    45,5

    92,7

    30

    54,6

    99,5

    31

    64,5

    96,8

    32

    71,7

    85,4

    33

    79,4

    54,8

    34

    89,7

    99,4

    35

    57,4

    0

    36

    59,7

    30,6

    37

    90,1

    ‘m‧

    38

    82,9

    ‘m‧

    39

    51,3

    ‘m‧

    40

    28,5

    ‘m‧

    41

    29,3

    ‘m‧

    42

    26,7

    ‘m‧

    43

    20,4

    ‘m‧

    44

    14,1

    0

    45

    6,5

    0

    46

    0

    0

    47

    0

    0

    48

    0

    0

    49

    0

    0

    50

    0

    0

    51

    0

    0

    52

    0

    0

    53

    0

    0

    54

    0

    0

    55

    0

    0

    56

    0

    0

    57

    0

    0

    58

    0

    0

    59

    0

    0

    60

    0

    0

    61

    0

    0

    62

    25,5

    11,1

    63

    28,5

    20,9

    64

    32

    73,9

    65

    4

    82,3

    66

    34,5

    80,4

    67

    64,1

    86

    68

    58

    0

    69

    50,3

    83,4

    70

    66,4

    99,1

    71

    81,4

    99,6

    72

    88,7

    73,4

    73

    52,5

    0

    74

    46,4

    58,5

    75

    48,6

    90,9

    76

    55,2

    99,4

    77

    62,3

    99

    78

    68,4

    91,5

    79

    74,5

    73,7

    80

    38

    0

    81

    41,8

    89,6

    82

    47,1

    99,2

    83

    52,5

    99,8

    84

    56,9

    80,8

    85

    58,3

    11,8

    86

    56,2

    ‘m‧

    87

    52

    ‘m‧

    88

    43,3

    ‘m‧

    89

    36,1

    ‘m‧

    90

    27,6

    ‘m‧

    91

    21,1

    ‘m‧

    92

    8

    0

    93

    0

    0

    94

    0

    0

    95

    0

    0

    96

    0

    0

    97

    0

    0

    98

    0

    0

    99

    0

    0

    100

    0

    0

    101

    0

    0

    102

    0

    0

    103

    0

    0

    104

    0

    0

    105

    0

    0

    106

    0

    0

    107

    0

    0

    108

    11,6

    14,8

    109

    0

    0

    110

    27,2

    74,8

    111

    17

    76,9

    112

    36

    78

    113

    59,7

    86

    114

    80,8

    17,9

    115

    49,7

    0

    116

    65,6

    86

    117

    78,6

    72,2

    118

    64,9

    ‘m‧

    119

    44,3

    ‘m‧

    120

    51,4

    83,4

    121

    58,1

    97

    122

    69,3

    99,3

    123

    72

    20,8

    124

    72,1

    ‘m‧

    125

    65,3

    ‘m‧

    126

    64

    ‘m‧

    127

    59,7

    ‘m‧

    128

    52,8

    ‘m‧

    129

    45,9

    ‘m‧

    130

    38,7

    ‘m‧

    131

    32,4

    ‘m‧

    132

    27

    ‘m‧

    133

    21,7

    ‘m‧

    134

    19,1

    0,4

    135

    34,7

    14

    136

    16,4

    48,6

    137

    0

    11,2

    138

    1,2

    2,1

    139

    30,1

    19,3

    140

    30

    73,9

    141

    54,4

    74,4

    142

    77,2

    55,6

    143

    58,1

    0

    144

    45

    82,1

    145

    68,7

    98,1

    146

    85,7

    67,2

    147

    60,2

    0

    148

    59,4

    98

    149

    72,7

    99,6

    150

    79,9

    45

    151

    44,3

    0

    152

    41,5

    84,4

    153

    56,2

    98,2

    154

    65,7

    99,1

    155

    74,4

    84,7

    156

    54,4

    0

    157

    47,9

    89,7

    158

    54,5

    99,5

    159

    62,7

    96,8

    160

    62,3

    0

    161

    46,2

    54,2

    162

    44,3

    83,2

    163

    48,2

    13,3

    164

    51

    ‘m‧

    165

    50

    ‘m‧

    166

    49,2

    ‘m‧

    167

    49,3

    ‘m‧

    168

    49,9

    ‘m‧

    169

    51,6

    ‘m‧

    170

    49,7

    ‘m‧

    171

    48,5

    ‘m‧

    172

    50,3

    72,5

    173

    51,1

    84,5

    174

    54,6

    64,8

    175

    56,6

    76,5

    176

    58

    ‘m‧

    177

    53,6

    ‘m‧

    178

    40,8

    ‘m‧

    179

    32,9

    ‘m‧

    180

    26,3

    ‘m‧

    181

    20,9

    ‘m‧

    182

    10

    0

    183

    0

    0

    184

    0

    0

    185

    0

    0

    186

    0

    0

    187

    0

    0

    188

    0

    0

    189

    0

    0

    190

    0

    0

    191

    0

    0

    192

    0

    0

    193

    0

    0

    194

    0

    0

    195

    0

    0

    196

    0

    0

    197

    0

    0

    198

    0

    0

    199

    0

    0

    200

    0

    0

    201

    0

    0

    202

    0

    0

    203

    0

    0

    204

    0

    0

    205

    0

    0

    206

    0

    0

    207

    0

    0

    208

    0

    0

    209

    0

    0

    210

    0

    0

    211

    0

    0

    212

    0

    0

    213

    0

    0

    214

    0

    0

    215

    0

    0

    216

    0

    0

    217

    0

    0

    218

    0

    0

    219

    0

    0

    220

    0

    0

    221

    0

    0

    222

    0

    0

    223

    0

    0

    224

    0

    0

    225

    21,2

    62,7

    226

    30,8

    75,1

    227

    5,9

    82,7

    228

    34,6

    80,3

    229

    59,9

    87

    230

    84,3

    86,2

    231

    68,7

    ‘m‧

    232

    43,6

    ‘m‧

    233

    41,5

    85,4

    234

    49,9

    94,3

    235

    60,8

    99

    236

    70,2

    99,4

    237

    81,1

    92,4

    238

    49,2

    0

    239

    56

    86,2

    240

    56,2

    99,3

    241

    61,7

    99

    242

    69,2

    99,3

    243

    74,1

    99,8

    244

    72,4

    8,4

    245

    71,3

    0

    246

    71,2

    9,1

    247

    67,1

    ‘m‧

    248

    65,5

    ‘m‧

    249

    64,4

    ‘m‧

    250

    62,9

    25,6

    251

    62,2

    35,6

    252

    62,9

    24,4

    253

    58,8

    ‘m‧

    254

    56,9

    ‘m‧

    255

    54,5

    ‘m‧

    256

    51,7

    17

    257

    56,2

    78,7

    258

    59,5

    94,7

    259

    65,5

    99,1

    260

    71,2

    99,5

    261

    76,6

    99,9

    262

    79

    0

    263

    52,9

    97,5

    264

    53,1

    99,7

    265

    59

    99,1

    266

    62,2

    99

    267

    65

    99,1

    268

    69

    83,1

    269

    69,9

    28,4

    270

    70,6

    12,5

    271

    68,9

    8,4

    272

    69,8

    9,1

    273

    69,6

    7

    274

    65,7

    ‘m‧

    275

    67,1

    ‘m‧

    276

    66,7

    ‘m‧

    277

    65,6

    ‘m‧

    278

    64,5

    ‘m‧

    279

    62,9

    ‘m‧

    280

    59,3

    ‘m‧

    281

    54,1

    ‘m‧

    282

    51,3

    ‘m‧

    283

    47,9

    ‘m‧

    284

    43,6

    ‘m‧

    285

    39,4

    ‘m‧

    286

    34,7

    ‘m‧

    287

    29,8

    ‘m‧

    288

    20,9

    73,4

    289

    36,9

    ‘m‧

    290

    35,5

    ‘m‧

    291

    20,9

    ‘m‧

    292

    49,7

    11,9

    293

    42,5

    ‘m‧

    294

    32

    ‘m‧

    295

    23,6

    ‘m‧

    296

    19,1

    0

    297

    15,7

    73,5

    298

    25,1

    76,8

    299

    34,5

    81,4

    300

    44,1

    87,4

    301

    52,8

    98,6

    302

    63,6

    99

    303

    73,6

    99,7

    304

    62,2

    ‘m‧

    305

    29,2

    ‘m‧

    306

    46,4

    22

    307

    47,3

    13,8

    308

    47,2

    12,5

    309

    47,9

    11,5

    310

    47,8

    35,5

    311

    49,2

    83,3

    312

    52,7

    96,4

    313

    57,4

    99,2

    314

    61,8

    99

    315

    66,4

    60,9

    316

    65,8

    ‘m‧

    317

    59

    ‘m‧

    318

    50,7

    ‘m‧

    319

    41,8

    ‘m‧

    320

    34,7

    ‘m‧

    321

    28,7

    ‘m‧

    322

    25,2

    ‘m‧

    323

    43

    24,8

    324

    38,7

    0

    325

    48,1

    31,9

    326

    40,3

    61

    327

    42,4

    52,1

    328

    46,4

    47,7

    329

    46,9

    30,7

    330

    46,1

    23,1

    331

    45,7

    23,2

    332

    45,5

    31,9

    333

    46,4

    73,6

    334

    51,3

    60,7

    335

    51,3

    51,1

    336

    53,2

    46,8

    337

    53,9

    50

    338

    53,4

    52,1

    339

    53,8

    45,7

    340

    50,6

    22,1

    341

    47,8

    26

    342

    41,6

    17,8

    343

    38,7

    29,8

    344

    35,9

    71,6

    345

    34,6

    47,3

    346

    34,8

    80,3

    347

    35,9

    87,2

    348

    38,8

    90,8

    349

    41,5

    94,7

    350

    47,1

    99,2

    351

    53,1

    99,7

    352

    46,4

    0

    353

    42,5

    0,7

    354

    43,6

    58,6

    355

    47,1

    87,5

    356

    54,1

    99,5

    357

    62,9

    99

    358

    72,6

    99,6

    359

    82,4

    99,5

    360

    88

    99,4

    361

    46,4

    0

    362

    53,4

    95,2

    363

    58,4

    99,2

    364

    61,5

    99

    365

    64,8

    99

    366

    68,1

    99,2

    367

    73,4

    99,7

    368

    73,3

    29,8

    369

    73,5

    14,6

    370

    68,3

    0

    371

    45,4

    49,9

    372

    47,2

    75,7

    373

    44,5

    9

    374

    47,8

    10,3

    375

    46,8

    15,9

    376

    46,9

    12,7

    377

    46,8

    8,9

    378

    46,1

    6,2

    379

    46,1

    ‘m‧

    380

    45,5

    ‘m‧

    381

    44,7

    ‘m‧

    382

    43,8

    ‘m‧

    383

    41

    ‘m‧

    384

    41,1

    6,4

    385

    38

    6,3

    386

    35,9

    0,3

    387

    33,5

    0

    388

    53,1

    48,9

    389

    48,3

    ‘m‧

    390

    49,9

    ‘m‧

    391

    48

    ‘m‧

    392

    45,3

    ‘m‧

    393

    41,6

    3,1

    394

    44,3

    79

    395

    44,3

    89,5

    396

    43,4

    98,8

    397

    44,3

    98,9

    398

    43

    98,8

    399

    42,2

    98,8

    400

    42,7

    98,8

    401

    45

    99

    402

    43,6

    98,9

    403

    42,2

    98,8

    404

    44,8

    99

    405

    43,4

    98,8

    406

    45

    99

    407

    42,2

    54,3

    408

    61,2

    31,9

    409

    56,3

    72,3

    410

    59,7

    99,1

    411

    62,3

    99

    412

    67,9

    99,2

    413

    69,5

    99,3

    414

    73,1

    99,7

    415

    77,7

    99,8

    416

    79,7

    99,7

    417

    82,5

    99,5

    418

    85,3

    99,4

    419

    86,6

    99,4

    420

    89,4

    99,4

    421

    62,2

    0

    422

    52,7

    96,4

    423

    50,2

    99,8

    424

    49,3

    99,6

    425

    52,2

    99,8

    426

    51,3

    100

    427

    51,3

    100

    428

    51,1

    100

    429

    51,1

    100

    430

    51,8

    99,9

    431

    51,3

    100

    432

    51,1

    100

    433

    51,3

    100

    434

    52,3

    99,8

    435

    52,9

    99,7

    436

    53,8

    99,6

    437

    51,7

    99,9

    438

    53,5

    99,6

    439

    52

    99,8

    440

    51,7

    99,9

    441

    53,2

    99,7

    442

    54,2

    99,5

    443

    55,2

    99,4

    444

    53,8

    99,6

    445

    53,1

    99,7

    446

    55

    99,4

    447

    57

    99,2

    448

    61,5

    99

    449

    59,4

    5,7

    450

    59

    0

    451

    57,3

    59,8

    452

    64,1

    99

    453

    70,9

    90,5

    454

    58

    0

    455

    41,5

    59,8

    456

    44,1

    92,6

    457

    46,8

    99,2

    458

    47,2

    99,3

    459

    51

    100

    460

    53,2

    99,7

    461

    53,1

    99,7

    462

    55,9

    53,1

    463

    53,9

    13,9

    464

    52,5

    ‘m‧

    465

    51,7

    ‘m‧

    466

    51,5

    52,2

    467

    52,8

    80

    468

    54,9

    95

    469

    57,3

    99,2

    470

    60,7

    99,1

    471

    62,4

    ‘m‧

    472

    60,1

    ‘m‧

    473

    53,2

    ‘m‧

    474

    44

    ‘m‧

    475

    35,2

    ‘m‧

    476

    30,5

    ‘m‧

    477

    26,5

    ‘m‧

    478

    22,5

    ‘m‧

    479

    20,4

    ‘m‧

    480

    19,1

    ‘m‧

    481

    19,1

    ‘m‧

    482

    13,4

    ‘m‧

    483

    6,7

    ‘m‧

    484

    3,2

    ‘m‧

    485

    14,3

    63,8

    486

    34,1

    0

    487

    23,9

    75,7

    488

    31,7

    79,2

    489

    32,1

    19,4

    490

    35,9

    5,8

    491

    36,6

    0,8

    492

    38,7

    ‘m‧

    493

    38,4

    ‘m‧

    494

    39,4

    ‘m‧

    495

    39,7

    ‘m‧

    496

    40,5

    ‘m‧

    497

    40,8

    ‘m‧

    498

    39,7

    ‘m‧

    499

    39,2

    ‘m‧

    500

    38,7

    ‘m‧

    501

    32,7

    ‘m‧

    502

    30,1

    ‘m‧

    503

    21,9

    ‘m‧

    504

    12,8

    0

    505

    0

    0

    506

    0

    0

    507

    0

    0

    508

    0

    0

    509

    0

    0

    510

    0

    0

    511

    0

    0

    512

    0

    0

    513

    0

    0

    514

    30,5

    25,6

    515

    19,7

    56,9

    516

    16,3

    45,1

    517

    27,2

    4,6

    518

    21,7

    1,3

    519

    29,7

    28,6

    520

    36,6

    73,7

    521

    61,3

    59,5

    522

    40,8

    0

    523

    36,6

    27,8

    524

    39,4

    80,4

    525

    51,3

    88,9

    526

    58,5

    11,1

    527

    60,7

    ‘m‧

    528

    54,5

    ‘m‧

    529

    51,3

    ‘m‧

    530

    45,5

    ‘m‧

    531

    40,8

    ‘m‧

    532

    38,9

    ‘m‧

    533

    36,6

    ‘m‧

    534

    36,1

    72,7

    535

    44,8

    78,9

    536

    51,6

    91,1

    537

    59,1

    99,1

    538

    66

    99,1

    539

    75,1

    99,9

    540

    81

    8

    541

    39,1

    0

    542

    53,8

    89,7

    543

    59,7

    99,1

    544

    64,8

    99

    545

    70,6

    96,1

    546

    72,6

    19,6

    547

    72

    6,3

    548

    68,9

    0,1

    549

    67,7

    ‘m‧

    550

    66,8

    ‘m‧

    551

    64,3

    16,9

    552

    64,9

    7

    553

    63,6

    12,5

    554

    63

    7,7

    555

    64,4

    38,2

    556

    63

    11,8

    557

    63,6

    0

    558

    63,3

    5

    559

    60,1

    9,1

    560

    61

    8,4

    561

    59,7

    0,9

    562

    58,7

    ‘m‧

    563

    56

    ‘m‧

    564

    53,9

    ‘m‧

    565

    52,1

    ‘m‧

    566

    49,9

    ‘m‧

    567

    46,4

    ‘m‧

    568

    43,6

    ‘m‧

    569

    40,8

    ‘m‧

    570

    37,5

    ‘m‧

    571

    27,8

    ‘m‧

    572

    17,1

    0,6

    573

    12,2

    0,9

    574

    11,5

    1,1

    575

    8,7

    0,5

    576

    8

    0,9

    577

    5,3

    0,2

    578

    4

    0

    579

    3,9

    0

    580

    0

    0

    581

    0

    0

    582

    0

    0

    583

    0

    0

    584

    0

    0

    585

    0

    0

    586

    0

    0

    587

    8,7

    22,8

    588

    16,2

    49,4

    589

    23,6

    56

    590

    21,1

    56,1

    591

    23,6

    56

    592

    46,2

    68,8

    593

    68,4

    61,2

    594

    58,7

    ‘m‧

    595

    31,6

    ‘m‧

    596

    19,9

    8,8

    597

    32,9

    70,2

    598

    43

    79

    599

    57,4

    98,9

    600

    72,1

    73,8

    601

    53

    0

    602

    48,1

    86

    603

    56,2

    99

    604

    65,4

    98,9

    605

    72,9

    99,7

    606

    67,5

    ‘m‧

    607

    39

    ‘m‧

    608

    41,9

    38,1

    609

    44,1

    80,4

    610

    46,8

    99,4

    611

    48,7

    99,9

    612

    50,5

    99,7

    613

    52,5

    90,3

    614

    51

    1,8

    615

    50

    ‘m‧

    616

    49,1

    ‘m‧

    617

    47

    ‘m‧

    618

    43,1

    ‘m‧

    619

    39,2

    ‘m‧

    620

    40,6

    0,5

    621

    41,8

    53,4

    622

    44,4

    65,1

    623

    48,1

    67,8

    624

    53,8

    99,2

    625

    58,6

    98,9

    626

    63,6

    98,8

    627

    68,5

    99,2

    628

    72,2

    89,4

    629

    77,1

    0

    630

    57,8

    79,1

    631

    60,3

    98,8

    632

    61,9

    98,8

    633

    63,8

    98,8

    634

    64,7

    98,9

    635

    65,4

    46,5

    636

    65,7

    44,5

    637

    65,6

    3,5

    638

    49,1

    0

    639

    50,4

    73,1

    640

    50,5

    ‘m‧

    641

    51

    ‘m‧

    642

    49,4

    ‘m‧

    643

    49,2

    ‘m‧

    644

    48,6

    ‘m‧

    645

    47,5

    ‘m‧

    646

    46,5

    ‘m‧

    647

    46

    11,3

    648

    45,6

    42,8

    649

    47,1

    83

    650

    46,2

    99,3

    651

    47,9

    99,7

    652

    49,5

    99,9

    653

    50,6

    99,7

    654

    51

    99,6

    655

    53

    99,3

    656

    54,9

    99,1

    657

    55,7

    99

    658

    56

    99

    659

    56,1

    9,3

    660

    55,6

    ‘m‧

    661

    55,4

    ‘m‧

    662

    54,9

    51,3

    663

    54,9

    59,8

    664

    54

    39,3

    665

    53,8

    ‘m‧

    666

    52

    ‘m‧

    667

    50,4

    ‘m‧

    668

    50,6

    0

    669

    49,3

    41,7

    670

    50

    73,2

    671

    50,4

    99,7

    672

    51,9

    99,5

    673

    53,6

    99,3

    674

    54,6

    99,1

    675

    56

    99

    676

    55,8

    99

    677

    58,4

    98,9

    678

    59,9

    98,8

    679

    60,9

    98,8

    680

    63

    98,8

    681

    64,3

    98,9

    682

    64,8

    64

    683

    65,9

    46,5

    684

    66,2

    28,7

    685

    65,2

    1,8

    686

    65

    6,8

    687

    63,6

    53,6

    688

    62,4

    82,5

    689

    61,8

    98,8

    690

    59,8

    98,8

    691

    59,2

    98,8

    692

    59,7

    98,8

    693

    61,2

    98,8

    694

    62,2

    49,4

    695

    62,8

    37,2

    696

    63,5

    46,3

    697

    64,7

    72,3

    698

    64,7

    72,3

    699

    65,4

    77,4

    700

    66,1

    69,3

    701

    64,3

    ‘m‧

    702

    64,3

    ‘m‧

    703

    63

    ‘m‧

    704

    62,2

    ‘m‧

    705

    61,6

    ‘m‧

    706

    62,4

    ‘m‧

    707

    62,2

    ‘m‧

    708

    61

    ‘m‧

    709

    58,7

    ‘m‧

    710

    55,5

    ‘m‧

    711

    51,7

    ‘m‧

    712

    49,2

    ‘m‧

    713

    48,8

    40,4

    714

    47,9

    ‘m‧

    715

    46,2

    ‘m‧

    716

    45,6

    9,8

    717

    45,6

    34,5

    718

    45,5

    37,1

    719

    43,8

    ‘m‧

    720

    41,9

    ‘m‧

    721

    41,3

    ‘m‧

    722

    41,4

    ‘m‧

    723

    41,2

    ‘m‧

    724

    41,8

    ‘m‧

    725

    41,8

    ‘m‧

    726

    43,2

    17,4

    727

    45

    29

    728

    44,2

    ‘m‧

    729

    43,9

    ‘m‧

    730

    38

    10,7

    731

    56,8

    ‘m‧

    732

    57,1

    ‘m‧

    733

    52

    ‘m‧

    734

    44,4

    ‘m‧

    735

    40,2

    ‘m‧

    736

    39,2

    16,5

    737

    38,9

    73,2

    738

    39,9

    89,8

    739

    42,3

    98,6

    740

    43,7

    98,8

    741

    45,5

    99,1

    742

    45,6

    99,2

    743

    48,1

    99,7

    744

    49

    100

    745

    49,8

    99,9

    746

    49,8

    99,9

    747

    51,9

    99,5

    748

    52,3

    99,4

    749

    53,3

    99,3

    750

    52,9

    99,3

    751

    54,3

    99,2

    752

    55,5

    99,1

    753

    56,7

    99

    754

    61,7

    98,8

    755

    64,3

    47,4

    756

    64,7

    1,8

    757

    66,2

    ‘m‧

    758

    49,1

    ‘m‧

    759

    52,1

    46

    760

    52,6

    61

    761

    52,9

    0

    762

    52,3

    20,4

    763

    54,2

    56,7

    764

    55,4

    59,8

    765

    56,1

    49,2

    766

    56,8

    33,7

    767

    57,2

    96

    768

    58,6

    98,9

    769

    59,5

    98,8

    770

    61,2

    98,8

    771

    62,1

    98,8

    772

    62,7

    98,8

    773

    62,8

    98,8

    774

    64

    98,9

    775

    63,2

    46,3

    776

    62,4

    ‘m‧

    777

    60,3

    ‘m‧

    778

    58,7

    ‘m‧

    779

    57,2

    ‘m‧

    780

    56,1

    ‘m‧

    781

    56

    9,3

    782

    55,2

    26,3

    783

    54,8

    42,8

    784

    55,7

    47,1

    785

    56,6

    52,4

    786

    58

    50,3

    787

    58,6

    20,6

    788

    58,7

    ‘m‧

    789

    59,3

    ‘m‧

    790

    58,6

    ‘m‧

    791

    60,5

    9,7

    792

    59,2

    9,6

    793

    59,9

    9,6

    794

    59,6

    9,6

    795

    59,9

    6,2

    796

    59,9

    9,6

    797

    60,5

    13,1

    798

    60,3

    20,7

    799

    59,9

    31

    800

    60,5

    42

    801

    61,5

    52,5

    802

    60,9

    51,4

    803

    61,2

    57,7

    804

    62,8

    98,8

    805

    63,4

    96,1

    806

    64,6

    45,4

    807

    64,1

    5

    808

    63

    3,2

    809

    62,7

    14,9

    810

    63,5

    35,8

    811

    64,1

    73,3

    812

    64,3

    37,4

    813

    64,1

    21

    814

    63,7

    21

    815

    62,9

    18

    816

    62,4

    32,7

    817

    61,7

    46,2

    818

    59,8

    45,1

    819

    57,4

    43,9

    820

    54,8

    42,8

    821

    54,3

    65,2

    822

    52,9

    62,1

    823

    52,4

    30,6

    824

    50,4

    ‘m‧

    825

    48,6

    ‘m‧

    826

    47,9

    ‘m‧

    827

    46,8

    ‘m‧

    828

    46,9

    9,4

    829

    49,5

    41,7

    830

    50,5

    37,8

    831

    52,3

    20,4

    832

    54,1

    30,7

    833

    56,3

    41,8

    834

    58,7

    26,5

    835

    57,3

    ‘m‧

    836

    59

    ‘m‧

    837

    59,8

    ‘m‧

    838

    60,3

    ‘m‧

    839

    61,2

    ‘m‧

    840

    61,8

    ‘m‧

    841

    62,5

    ‘m‧

    842

    62,4

    ‘m‧

    843

    61,5

    ‘m‧

    844

    63,7

    ‘m‧

    845

    61,9

    ‘m‧

    846

    61,6

    29,7

    847

    60,3

    ‘m‧

    848

    59,2

    ‘m‧

    849

    57,3

    ‘m‧

    850

    52,3

    ‘m‧

    851

    49,3

    ‘m‧

    852

    47,3

    ‘m‧

    853

    46,3

    38,8

    854

    46,8

    35,1

    855

    46,6

    ‘m‧

    856

    44,3

    ‘m‧

    857

    43,1

    ‘m‧

    858

    42,4

    2,1

    859

    41,8

    2,4

    860

    43,8

    68,8

    861

    44,6

    89,2

    862

    46

    99,2

    863

    46,9

    99,4

    864

    47,9

    99,7

    865

    50,2

    99,8

    866

    51,2

    99,6

    867

    52,3

    99,4

    868

    53

    99,3

    869

    54,2

    99,2

    870

    55,5

    99,1

    871

    56,7

    99

    872

    57,3

    98,9

    873

    58

    98,9

    874

    60,5

    31,1

    875

    60,2

    ‘m‧

    876

    60,3

    ‘m‧

    877

    60,5

    6,3

    878

    61,4

    19,3

    879

    60,3

    1,2

    880

    60,5

    2,9

    881

    61,2

    34,1

    882

    61,6

    13,2

    883

    61,5

    16,4

    884

    61,2

    16,4

    885

    61,3

    ‘m‧

    886

    63,1

    ‘m‧

    887

    63,2

    4,8

    888

    62,3

    22,3

    889

    62

    38,5

    890

    61,6

    29,6

    891

    61,6

    26,6

    892

    61,8

    28,1

    893

    62

    29,6

    894

    62

    16,3

    895

    61,1

    ‘m‧

    896

    61,2

    ‘m‧

    897

    60,7

    19,2

    898

    60,7

    32,5

    899

    60,9

    17,8

    900

    60,1

    19,2

    901

    59,3

    38,2

    902

    59,9

    45

    903

    59,4

    32,4

    904

    59,2

    23,5

    905

    59,5

    40,8

    906

    58,3

    ‘m‧

    907

    58,2

    ‘m‧

    908

    57,6

    ‘m‧

    909

    57,1

    ‘m‧

    910

    57

    0,6

    911

    57

    26,3

    912

    56,5

    29,2

    913

    56,3

    20,5

    914

    56,1

    ‘m‧

    915

    55,2

    ‘m‧

    916

    54,7

    17,5

    917

    55,2

    29,2

    918

    55,2

    29,2

    919

    55,9

    16

    920

    55,9

    26,3

    921

    56,1

    36,5

    922

    55,8

    19

    923

    55,9

    9,2

    924

    55,8

    21,9

    925

    56,4

    42,8

    926

    56,4

    38

    927

    56,4

    11

    928

    56,4

    35,1

    929

    54

    7,3

    930

    53,4

    5,4

    931

    52,3

    27,6

    932

    52,1

    32

    933

    52,3

    33,4

    934

    52,2

    34,9

    935

    52,8

    60,1

    936

    53,7

    69,7

    937

    54

    70,7

    938

    55,1

    71,7

    939

    55,2

    46

    940

    54,7

    12,6

    941

    52,5

    0

    942

    51,8

    24,7

    943

    51,4

    43,9

    944

    50,9

    71,1

    945

    51,2

    76,8

    946

    50,3

    87,5

    947

    50,2

    99,8

    948

    50,9

    100

    949

    49,9

    99,7

    950

    50,9

    100

    951

    49,8

    99,7

    952

    50,4

    99,8

    953

    50,4

    99,8

    954

    49,7

    99,7

    955

    51

    100

    956

    50,3

    99,8

    957

    50,2

    99,8

    958

    49,9

    99,7

    959

    50,9

    100

    960

    50

    99,7

    961

    50,2

    99,8

    962

    50,2

    99,8

    963

    49,9

    99,7

    964

    50,4

    99,8

    965

    50,2

    99,8

    966

    50,3

    99,8

    967

    49,9

    99,7

    968

    51,1

    100

    969

    50,6

    99,9

    970

    49,9

    99,7

    971

    49,6

    99,6

    972

    49,4

    99,6

    973

    49

    99,5

    974

    49,8

    99,7

    975

    50,9

    100

    976

    50,4

    99,8

    977

    49,8

    99,7

    978

    49,1

    99,5

    979

    50,4

    99,8

    980

    49,8

    99,7

    981

    49,3

    99,5

    982

    49,1

    99,5

    983

    49,9

    99,7

    984

    49,1

    99,5

    985

    50,4

    99,8

    986

    50,9

    100

    987

    51,4

    99,9

    988

    51,5

    99,9

    989

    52,2

    99,7

    990

    52,8

    74,1

    991

    53,3

    46

    992

    53,6

    36,4

    993

    53,4

    33,5

    994

    53,9

    58,9

    995

    55,2

    73,8

    996

    55,8

    52,4

    997

    55,7

    9,2

    998

    55,8

    2,2

    999

    56,4

    33,6

    1000

    55,4

    ‘m‧

    1001

    55,2

    ‘m‧

    1002

    55,8

    26,3

    1003

    55,8

    23,3

    1004

    56,4

    50,2

    1005

    57,6

    68,3

    1006

    58,8

    90,2

    1007

    59,9

    98,9

    1008

    62,3

    98,8

    1009

    63,1

    74,4

    1010

    63,7

    49,4

    1011

    63,3

    9,8

    1012

    48

    0

    1013

    47,9

    73,5

    1014

    49,9

    99,7

    1015

    49,9

    48,8

    1016

    49,6

    2,3

    1017

    49,9

    ‘m‧

    1018

    49,3

    ‘m‧

    1019

    49,7

    47,5

    1020

    49,1

    ‘m‧

    1021

    49,4

    ‘m‧

    1022

    48,3

    ‘m‧

    1023

    49,4

    ‘m‧

    1024

    48,5

    ‘m‧

    1025

    48,7

    ‘m‧

    1026

    48,7

    ‘m‧

    1027

    49,1

    ‘m‧

    1028

    49

    ‘m‧

    1029

    49,8

    ‘m‧

    1030

    48,7

    ‘m‧

    1031

    48,5

    ‘m‧

    1032

    49,3

    31,3

    1033

    49,7

    45,3

    1034

    48,3

    44,5

    1035

    49,8

    61

    1036

    49,4

    64,3

    1037

    49,8

    64,4

    1038

    50,5

    65,6

    1039

    50,3

    64,5

    1040

    51,2

    82,9

    1041

    50,5

    86

    1042

    50,6

    89

    1043

    50,4

    81,4

    1044

    49,9

    49,9

    1045

    49,1

    20,1

    1046

    47,9

    24

    1047

    48,1

    36,2

    1048

    47,5

    34,5

    1049

    46,9

    30,3

    1050

    47,7

    53,5

    1051

    46,9

    61,6

    1052

    46,5

    73,6

    1053

    48

    84,6

    1054

    47,2

    87,7

    1055

    48,7

    80

    1056

    48,7

    50,4

    1057

    47,8

    38,6

    1058

    48,8

    63,1

    1059

    47,4

    5

    1060

    47,3

    47,4

    1061

    47,3

    49,8

    1062

    46,9

    23,9

    1063

    46,7

    44,6

    1064

    46,8

    65,2

    1065

    46,9

    60,4

    1066

    46,7

    61,5

    1067

    45,5

    ‘m‧

    1068

    45,5

    ‘m‧

    1069

    44,2

    ‘m‧

    1070

    43

    ‘m‧

    1071

    42,5

    ‘m‧

    1072

    41

    ‘m‧

    1073

    39,9

    ‘m‧

    1074

    39,9

    38,2

    1075

    40,1

    48,1

    1076

    39,9

    48

    1077

    39,4

    59,3

    1078

    43,8

    19,8

    1079

    52,9

    0

    1080

    52,8

    88,9

    1081

    53,4

    99,5

    1082

    54,7

    99,3

    1083

    56,3

    99,1

    1084

    57,5

    99

    1085

    59

    98,9

    1086

    59,8

    98,9

    1087

    60,1

    98,9

    1088

    61,8

    48,3

    1089

    61,8

    55,6

    1090

    61,7

    59,8

    1091

    62

    55,6

    1092

    62,3

    29,6

    1093

    62

    19,3

    1094

    61,3

    7,9

    1095

    61,1

    19,2

    1096

    61,2

    43

    1097

    61,1

    59,7

    1098

    61,1

    98,8

    1099

    61,3

    98,8

    1100

    61,3

    26,6

    1101

    60,4

    ‘m‧

    1102

    58,8

    ‘m‧

    1103

    57,7

    ‘m‧

    1104

    56

    ‘m‧

    1105

    54,7

    ‘m‧

    1106

    53,3

    ‘m‧

    1107

    52,6

    23,2

    1108

    53,4

    84,2

    1109

    53,9

    99,4

    1110

    54,9

    99,3

    1111

    55,8

    99,2

    1112

    57,1

    99

    1113

    56,5

    99,1

    1114

    58,9

    98,9

    1115

    58,7

    98,9

    1116

    59,8

    98,9

    1117

    61

    98,8

    1118

    60,7

    19,2

    1119

    59,4

    ‘m‧

    1120

    57,9

    ‘m‧

    1121

    57,6

    ‘m‧

    1122

    56,3

    ‘m‧

    1123

    55

    ‘m‧

    1124

    53,7

    ‘m‧

    1125

    52,1

    ‘m‧

    1126

    51,1

    ‘m‧

    1127

    49,7

    25,8

    1128

    49,1

    46,1

    1129

    48,7

    46,9

    1130

    48,2

    46,7

    1131

    48

    70

    1132

    48

    70

    1133

    47,2

    67,6

    1134

    47,3

    67,6

    1135

    46,6

    74,7

    1136

    47,4

    13

    1137

    46,3

    ‘m‧

    1138

    45,4

    ‘m‧

    1139

    45,5

    24,8

    1140

    44,8

    73,8

    1141

    46,6

    99

    1142

    46,3

    98,9

    1143

    48,5

    99,4

    1144

    49,9

    99,7

    1145

    49,1

    99,5

    1146

    49,1

    99,5

    1147

    51

    100

    1148

    51,5

    99,9

    1149

    50,9

    100

    1150

    51,6

    99,9

    1151

    52,1

    99,7

    1152

    50,9

    100

    1153

    52,2

    99,7

    1154

    51,5

    98,3

    1155

    51,5

    47,2

    1156

    50,8

    78,4

    1157

    50,3

    83

    1158

    50,3

    31,7

    1159

    49,3

    31,3

    1160

    48,8

    21,5

    1161

    47,8

    59,4

    1162

    48,1

    77,1

    1163

    48,4

    87,6

    1164

    49,6

    87,5

    1165

    51

    81,4

    1166

    51,6

    66,7

    1167

    53,3

    63,2

    1168

    55,2

    62

    1169

    55,7

    43,9

    1170

    56,4

    30,7

    1171

    56,8

    23,4

    1172

    57

    ‘m‧

    1173

    57,6

    ‘m‧

    1174

    56,9

    ‘m‧

    1175

    56,4

    4

    1176

    57

    23,4

    1177

    56,4

    41,7

    1178

    57

    49,2

    1179

    57,7

    56,6

    1180

    58,6

    56,6

    1181

    58,9

    64

    1182

    59,4

    68,2

    1183

    58,8

    71,4

    1184

    60,1

    71,3

    1185

    60,6

    79,1

    1186

    60,7

    83,3

    1187

    60,7

    77,1

    1188

    60

    73,5

    1189

    60,2

    55,5

    1190

    59,7

    54,4

    1191

    59,8

    73,3

    1192

    59,8

    77,9

    1193

    59,8

    73,9

    1194

    60

    76,5

    1195

    59,5

    82,3

    1196

    59,9

    82,8

    1197

    59,8

    65,8

    1198

    59

    48,6

    1199

    58,9

    62,2

    1200

    59,1

    70,4

    1201

    58,9

    62,1

    1202

    58,4

    67,4

    1203

    58,7

    58,9

    1204

    58,3

    57,7

    1205

    57,5

    57,8

    1206

    57,2

    57,6

    1207

    57,1

    42,6

    1208

    57

    70,1

    1209

    56,4

    59,6

    1210

    56,7

    39

    1211

    55,9

    68,1

    1212

    56,3

    79,1

    1213

    56,7

    89,7

    1214

    56

    89,4

    1215

    56

    93,1

    1216

    56,4

    93,1

    1217

    56,7

    94,4

    1218

    56,9

    94,8

    1219

    57

    94,1

    1220

    57,7

    94,3

    1221

    57,5

    93,7

    1222

    58,4

    93,2

    1223

    58,7

    93,2

    1224

    58,2

    93,7

    1225

    58,5

    93,1

    1226

    58,8

    86,2

    1227

    59

    72,9

    1228

    58,2

    59,9

    1229

    57,6

    8,5

    1230

    57,1

    47,6

    1231

    57,2

    74,4

    1232

    57

    79,1

    1233

    56,7

    67,2

    1234

    56,8

    69,1

    1235

    56,9

    71,3

    1236

    57

    77,3

    1237

    57,4

    78,2

    1238

    57,3

    70,6

    1239

    57,7

    64

    1240

    57,5

    55,6

    1241

    58,6

    49,6

    1242

    58,2

    41,1

    1243

    58,8

    40,6

    1244

    58,3

    21,1

    1245

    58,7

    24,9

    1246

    59,1

    24,8

    1247

    58,6

    ‘m‧

    1248

    58,8

    ‘m‧

    1249

    58,8

    ‘m‧

    1250

    58,7

    ‘m‧

    1251

    59,1

    ‘m‧

    1252

    59,1

    ‘m‧

    1253

    59,4

    ‘m‧

    1254

    60,6

    2,6

    1255

    59,6

    ‘m‧

    1256

    60,1

    ‘m‧

    1257

    60,6

    ‘m‧

    1258

    59,6

    4,1

    1259

    60,7

    7,1

    1260

    60,5

    ‘m‧

    1261

    59,7

    ‘m‧

    1262

    59,6

    ‘m‧

    1263

    59,8

    ‘m‧

    1264

    59,6

    4,9

    1265

    60,1

    5,9

    1266

    59,9

    6,1

    1267

    59,7

    ‘m‧

    1268

    59,6

    ‘m‧

    1269

    59,7

    22

    1270

    59,8

    10,3

    1271

    59,9

    10

    1272

    60,6

    6,2

    1273

    60,5

    7,3

    1274

    60,2

    14,8

    1275

    60,6

    8,2

    1276

    60,6

    5,5

    1277

    61

    14,3

    1278

    61

    12

    1279

    61,3

    34,2

    1280

    61,2

    17,1

    1281

    61,5

    15,7

    1282

    61

    9,5

    1283

    61,1

    9,2

    1284

    60,5

    4,3

    1285

    60,2

    7,8

    1286

    60,2

    5,9

    1287

    60,2

    5,3

    1288

    59,9

    4,6

    1289

    59,4

    21,5

    1290

    59,6

    15,8

    1291

    59,3

    10,1

    1292

    58,9

    9,4

    1293

    58,8

    9

    1294

    58,9

    35,4

    1295

    58,9

    30,7

    1296

    58,9

    25,9

    1297

    58,7

    22,9

    1298

    58,7

    24,4

    1299

    59,3

    61

    1300

    60,1

    56

    1301

    60,5

    50,6

    1302

    59,5

    16,2

    1303

    59,7

    50

    1304

    59,7

    31,4

    1305

    60,1

    43,1

    1306

    60,8

    38,4

    1307

    60,9

    40,2

    1308

    61,3

    49,7

    1309

    61,8

    45,9

    1310

    62

    45,9

    1311

    62,2

    45,8

    1312

    62,6

    46,8

    1313

    62,7

    44,3

    1314

    62,9

    44,4

    1315

    63,1

    43,7

    1316

    63,5

    46,1

    1317

    63,6

    40,7

    1318

    64,3

    49,5

    1319

    63,7

    27

    1320

    63,8

    15

    1321

    63,6

    18,7

    1322

    63,4

    8,4

    1323

    63,2

    8,7

    1324

    63,3

    21,6

    1325

    62,9

    19,7

    1326

    63

    22,1

    1327

    63,1

    20,3

    1328

    61,8

    19,1

    1329

    61,6

    17,1

    1330

    61

    0

    1331

    61,2

    22

    1332

    60,8

    40,3

    1333

    61,1

    34,3

    1334

    60,7

    16,1

    1335

    60,6

    16,6

    1336

    60,5

    18,5

    1337

    60,6

    29,8

    1338

    60,9

    19,5

    1339

    60,9

    22,3

    1340

    61,4

    35,8

    1341

    61,3

    42,9

    1342

    61,5

    31

    1343

    61,3

    19,2

    1344

    61

    9,3

    1345

    60,8

    44,2

    1346

    60,9

    55,3

    1347

    61,2

    56

    1348

    60,9

    60,1

    1349

    60,7

    59,1

    1350

    60,9

    56,8

    1351

    60,7

    58,1

    1352

    59,6

    78,4

    1353

    59,6

    84,6

    1354

    59,4

    66,6

    1355

    59,3

    75,5

    1356

    58,9

    49,6

    1357

    59,1

    75,8

    1358

    59

    77,6

    1359

    59

    67,8

    1360

    59

    56,7

    1361

    58,8

    54,2

    1362

    58,9

    59,6

    1363

    58,9

    60,8

    1364

    59,3

    56,1

    1365

    58,9

    48,5

    1366

    59,3

    42,9

    1367

    59,4

    41,4

    1368

    59,6

    38,9

    1369

    59,4

    32,9

    1370

    59,3

    30,6

    1371

    59,4

    30

    1372

    59,4

    25,3

    1373

    58,8

    18,6

    1374

    59,1

    18

    1375

    58,5

    10,6

    1376

    58,8

    10,5

    1377

    58,5

    8,2

    1378

    58,7

    13,7

    1379

    59,1

    7,8

    1380

    59,1

    6

    1381

    59,1

    6

    1382

    59,4

    13,1

    1383

    59,7

    22,3

    1384

    60,7

    10,5

    1385

    59,8

    9,8

    1386

    60,2

    8,8

    1387

    59,9

    8,7

    1388

    61

    9,1

    1389

    60,6

    28,2

    1390

    60,6

    22

    1391

    59,6

    23,2

    1392

    59,6

    19

    1393

    60,6

    38,4

    1394

    59,8

    41,6

    1395

    60

    47,3

    1396

    60,5

    55,4

    1397

    60,9

    58,7

    1398

    61,3

    37,9

    1399

    61,2

    38,3

    1400

    61,4

    58,7

    1401

    61,3

    51,3

    1402

    61,4

    71,1

    1403

    61,1

    51

    1404

    61,5

    56,6

    1405

    61

    60,6

    1406

    61,1

    75,4

    1407

    61,4

    69,4

    1408

    61,6

    69,9

    1409

    61,7

    59,6

    1410

    61,8

    54,8

    1411

    61,6

    53,6

    1412

    61,3

    53,5

    1413

    61,3

    52,9

    1414

    61,2

    54,1

    1415

    61,3

    53,2

    1416

    61,2

    52,2

    1417

    61,2

    52,3

    1418

    61

    48

    1419

    60,9

    41,5

    1420

    61

    32,2

    1421

    60,7

    22

    1422

    60,7

    23,3

    1423

    60,8

    38,8

    1424

    61

    40,7

    1425

    61

    30,6

    1426

    61,3

    62,6

    1427

    61,7

    55,9

    1428

    62,3

    43,4

    1429

    62,3

    37,4

    1430

    62,3

    35,7

    1431

    62,8

    34,4

    1432

    62,8

    31,5

    1433

    62,9

    31,7

    1434

    62,9

    29,9

    1435

    62,8

    29,4

    1436

    62,7

    28,7

    1437

    61,5

    14,7

    1438

    61,9

    17,2

    1439

    61,5

    6,1

    1440

    61

    9,9

    1441

    60,9

    4,8

    1442

    60,6

    11,1

    1443

    60,3

    6,9

    1444

    60,8

    7

    1445

    60,2

    9,2

    1446

    60,5

    21,7

    1447

    60,2

    22,4

    1448

    60,7

    31,6

    1449

    60,9

    28,9

    1450

    59,6

    21,7

    1451

    60,2

    18

    1452

    59,5

    16,7

    1453

    59,8

    15,7

    1454

    59,6

    15,7

    1455

    59,3

    15,7

    1456

    59

    7,5

    1457

    58,8

    7,1

    1458

    58,7

    16,5

    1459

    59,2

    50,7

    1460

    59,7

    60,2

    1461

    60,4

    44

    1462

    60,2

    35,3

    1463

    60,4

    17,1

    1464

    59,9

    13,5

    1465

    59,9

    12,8

    1466

    59,6

    14,8

    1467

    59,4

    15,9

    1468

    59,4

    22

    1469

    60,4

    38,4

    1470

    59,5

    38,8

    1471

    59,3

    31,9

    1472

    60,9

    40,8

    1473

    60,7

    39

    1474

    60,9

    30,1

    1475

    61

    29,3

    1476

    60,6

    28,4

    1477

    60,9

    36,3

    1478

    60,8

    30,5

    1479

    60,7

    26,7

    1480

    60,1

    4,7

    1481

    59,9

    0

    1482

    60,4

    36,2

    1483

    60,7

    32,5

    1484

    59,9

    3,1

    1485

    59,7

    ‘m‧

    1486

    59,5

    ‘m‧

    1487

    59,2

    ‘m‧

    1488

    58,8

    0,6

    1489

    58,7

    ‘m‧

    1490

    58,7

    ‘m‧

    1491

    57,9

    ‘m‧

    1492

    58,2

    ‘m‧

    1493

    57,6

    ‘m‧

    1494

    58,3

    9,5

    1495

    57,2

    6

    1496

    57,4

    27,3

    1497

    58,3

    59,9

    1498

    58,3

    7,3

    1499

    58,8

    21,7

    1500

    58,8

    38,9

    1501

    59,4

    26,2

    1502

    59,1

    25,5

    1503

    59,1

    26

    1504

    59

    39,1

    1505

    59,5

    52,3

    1506

    59,4

    31

    1507

    59,4

    27

    1508

    59,4

    29,8

    1509

    59,4

    23,1

    1510

    58,9

    16

    1511

    59

    31,5

    1512

    58,8

    25,9

    1513

    58,9

    40,2

    1514

    58,8

    28,4

    1515

    58,9

    38,9

    1516

    59,1

    35,3

    1517

    58,8

    30,3

    1518

    59

    19

    1519

    58,7

    3

    1520

    57,9

    0

    1521

    58

    2,4

    1522

    57,1

    ‘m‧

    1523

    56,7

    ‘m‧

    1524

    56,7

    5,3

    1525

    56,6

    2,1

    1526

    56,8

    ‘m‧

    1527

    56,3

    ‘m‧

    1528

    56,3

    ‘m‧

    1529

    56

    ‘m‧

    1530

    56,7

    ‘m‧

    1531

    56,6

    3,8

    1532

    56,9

    ‘m‧

    1533

    56,9

    ‘m‧

    1534

    57,4

    ‘m‧

    1535

    57,4

    ‘m‧

    1536

    58,3

    13,9

    1537

    58,5

    ‘m‧

    1538

    59,1

    ‘m‧

    1539

    59,4

    ‘m‧

    1540

    59,6

    ‘m‧

    1541

    59,5

    ‘m‧

    1542

    59,6

    0,5

    1543

    59,3

    9,2

    1544

    59,4

    11,2

    1545

    59,1

    26,8

    1546

    59

    11,7

    1547

    58,8

    6,4

    1548

    58,7

    5

    1549

    57,5

    ‘m‧

    1550

    57,4

    ‘m‧

    1551

    57,1

    1,1

    1552

    57,1

    0

    1553

    57

    4,5

    1554

    57,1

    3,7

    1555

    57,3

    3,3

    1556

    57,3

    16,8

    1557

    58,2

    29,3

    1558

    58,7

    12,5

    1559

    58,3

    12,2

    1560

    58,6

    12,7

    1561

    59

    13,6

    1562

    59,8

    21,9

    1563

    59,3

    20,9

    1564

    59,7

    19,2

    1565

    60,1

    15,9

    1566

    60,7

    16,7

    1567

    60,7

    18,1

    1568

    60,7

    40,6

    1569

    60,7

    59,7

    1570

    61,1

    66,8

    1571

    61,1

    58,8

    1572

    60,8

    64,7

    1573

    60,1

    63,6

    1574

    60,7

    83,2

    1575

    60,4

    82,2

    1576

    60

    80,5

    1577

    59,9

    78,7

    1578

    60,8

    67,9

    1579

    60,4

    57,7

    1580

    60,2

    60,6

    1581

    59,6

    72,7

    1582

    59,9

    73,6

    1583

    59,8

    74,1

    1584

    59,6

    84,6

    1585

    59,4

    76,1

    1586

    60,1

    76,9

    1587

    59,5

    84,6

    1588

    59,8

    77,5

    1589

    60,6

    67,9

    1590

    59,3

    47,3

    1591

    59,3

    43,1

    1592

    59,4

    38,3

    1593

    58,7

    38,2

    1594

    58,8

    39,2

    1595

    59,1

    67,9

    1596

    59,7

    60,5

    1597

    59,5

    32,9

    1598

    59,6

    20

    1599

    59,6

    34,4

    1600

    59,4

    23,9

    1601

    59,6

    15,7

    1602

    59,9

    41

    1603

    60,5

    26,3

    1604

    59,6

    14

    1605

    59,7

    21,2

    1606

    60,9

    19,6

    1607

    60,1

    34,3

    1608

    59,9

    27

    1609

    60,8

    25,6

    1610

    60,6

    26,3

    1611

    60,9

    26,1

    1612

    61,1

    38

    1613

    61,2

    31,6

    1614

    61,4

    30,6

    1615

    61,7

    29,6

    1616

    61,5

    28,8

    1617

    61,7

    27,8

    1618

    62,2

    20,3

    1619

    61,4

    19,6

    1620

    61,8

    19,7

    1621

    61,8

    18,7

    1622

    61,6

    17,7

    1623

    61,7

    8,7

    1624

    61,7

    1,4

    1625

    61,7

    5,9

    1626

    61,2

    8,1

    1627

    61,9

    45,8

    1628

    61,4

    31,5

    1629

    61,7

    22,3

    1630

    62,4

    21,7

    1631

    62,8

    21,9

    1632

    62,2

    22,2

    1633

    62,5

    31

    1634

    62,3

    31,3

    1635

    62,6

    31,7

    1636

    62,3

    22,8

    1637

    62,7

    12,6

    1638

    62,2

    15,2

    1639

    61,9

    32,6

    1640

    62,5

    23,1

    1641

    61,7

    19,4

    1642

    61,7

    10,8

    1643

    61,6

    10,2

    1644

    61,4

    ‘m‧

    1645

    60,8

    ‘m‧

    1646

    60,7

    ‘m‧

    1647

    61

    12,4

    1648

    60,4

    5,3

    1649

    61

    13,1

    1650

    60,7

    29,6

    1651

    60,5

    28,9

    1652

    60,8

    27,1

    1653

    61,2

    27,3

    1654

    60,9

    20,6

    1655

    61,1

    13,9

    1656

    60,7

    13,4

    1657

    61,3

    26,1

    1658

    60,9

    23,7

    1659

    61,4

    32,1

    1660

    61,7

    33,5

    1661

    61,8

    34,1

    1662

    61,7

    17

    1663

    61,7

    2,5

    1664

    61,5

    5,9

    1665

    61,3

    14,9

    1666

    61,5

    17,2

    1667

    61,1

    ‘m‧

    1668

    61,4

    ‘m‧

    1669

    61,4

    8,8

    1670

    61,3

    8,8

    1671

    61

    18

    1672

    61,5

    13

    1673

    61

    3,7

    1674

    60,9

    3,1

    1675

    60,9

    4,7

    1676

    60,6

    4,1

    1677

    60,6

    6,7

    1678

    60,6

    12,8

    1679

    60,7

    11,9

    1680

    60,6

    12,4

    1681

    60,1

    12,4

    1682

    60,5

    12

    1683

    60,4

    11,8

    1684

    59,9

    12,4

    1685

    59,6

    12,4

    1686

    59,6

    9,1

    1687

    59,9

    0

    1688

    59,9

    20,4

    1689

    59,8

    4,4

    1690

    59,4

    3,1

    1691

    59,5

    26,3

    1692

    59,6

    20,1

    1693

    59,4

    35

    1694

    60,9

    22,1

    1695

    60,5

    12,2

    1696

    60,1

    11

    1697

    60,1

    8,2

    1698

    60,5

    6,7

    1699

    60

    5,1

    1700

    60

    5,1

    1701

    60

    9

    1702

    60,1

    5,7

    1703

    59,9

    8,5

    1704

    59,4

    6

    1705

    59,5

    5,5

    1706

    59,5

    14,2

    1707

    59,5

    6,2

    1708

    59,4

    10,3

    1709

    59,6

    13,8

    1710

    59,5

    13,9

    1711

    60,1

    18,9

    1712

    59,4

    13,1

    1713

    59,8

    5,4

    1714

    59,9

    2,9

    1715

    60,1

    7,1

    1716

    59,6

    12

    1717

    59,6

    4,9

    1718

    59,4

    22,7

    1719

    59,6

    22

    1720

    60,1

    17,4

    1721

    60,2

    16,6

    1722

    59,4

    28,6

    1723

    60,3

    22,4

    1724

    59,9

    20

    1725

    60,2

    18,6

    1726

    60,3

    11,9

    1727

    60,4

    11,6

    1728

    60,6

    10,6

    1729

    60,8

    16

    1730

    60,9

    17

    1731

    60,9

    16,1

    1732

    60,7

    11,4

    1733

    60,9

    11,3

    1734

    61,1

    11,2

    1735

    61,1

    25,6

    1736

    61

    14,6

    1737

    61

    10,4

    1738

    60,6

    ‘m‧

    1739

    60,9

    ‘m‧

    1740

    60,8

    4,8

    1741

    59,9

    ‘m‧

    1742

    59,8

    ‘m‧

    1743

    59,1

    ‘m‧

    1744

    58,8

    ‘m‧

    1745

    58,8

    ‘m‧

    1746

    58,2

    ‘m‧

    1747

    58,5

    14,3

    1748

    57,5

    4,4

    1749

    57,9

    0

    1750

    57,8

    20,9

    1751

    58,3

    9,2

    1752

    57,8

    8,2

    1753

    57,5

    15,3

    1754

    58,4

    38

    1755

    58,1

    15,4

    1756

    58,8

    11,8

    1757

    58,3

    8,1

    1758

    58,3

    5,5

    1759

    59

    4,1

    1760

    58,2

    4,9

    1761

    57,9

    10,1

    1762

    58,5

    7,5

    1763

    57,4

    7

    1764

    58,2

    6,7

    1765

    58,2

    6,6

    1766

    57,3

    17,3

    1767

    58

    11,4

    1768

    57,5

    47,4

    1769

    57,4

    28,8

    1770

    58,8

    24,3

    1771

    57,7

    25,5

    1772

    58,4

    35,5

    1773

    58,4

    29,3

    1774

    59

    33,8

    1775

    59

    18,7

    1776

    58,8

    9,8

    1777

    58,8

    23,9

    1778

    59,1

    48,2

    1779

    59,4

    37,2

    1780

    59,6

    29,1

    1781

    50

    25

    1782

    40

    20

    1783

    30

    15

    1784

    20

    10

    1785

    10

    5

    1786

    0

    0

    1787

    0

    0

    1788

    0

    0

    1789

    0

    0

    1790

    0

    0

    1791

    0

    0

    1792

    0

    0

    1793

    0

    0

    1794

    0

    0

    1795

    0

    0

    1796

    0

    0

    1797

    0

    0

    1798

    0

    0

    1799

    0

    0

    1800

    0

    0

    ‘m‧ = motoring

    A graphical display of the ETC dynamometer schedule is shown in Figure 5.

    Figure 5

    ETC dynamometer schedule

    Image

    Appendix 4

    MEASUREMENT AND SAMPLING PROCEDURES

    1.   INTRODUCTION

    Gaseous components, particulates, and smoke emitted by the engine submitted for testing shall be measured by the methods described in Annex V. The respective sections of Annex V describe the recommended analytical systems for the gaseous emissions (section 1), the recommended particulate dilution and sampling systems (section 2), and the recommended opacimeters for smoke measurement (section 3).

    For the ESC, the gaseous components shall be determined in the raw exhaust gas. Optionally, they may be determined in the diluted exhaust gas, if a full flow dilution system is used for particulate determination. Particulates shall be determined with either a partial flow or a full flow dilution system.

    For the ETC, only a full flow dilution system shall be used for determining gaseous and particulate emissions, and is considered the reference system. However, partial flow dilution systems may be approved by the Technical Service, if their equivalency according to section 6.2 to Annex I is proven, and if a detailed description of the data evaluation and calculation procedures is submitted to the Technical Service.

    2.   DYNAMOMETER AND TEST CELL EQUIPMENT

    The following equipment shall be used for emission tests of engines on engine dynamometers.

    2.1.   Engine dynamometer

    An engine dynamometer shall be used with adequate characteristics to perform the test cycles described in Appendices 1 and 2 to this Annex. The speed measuring system shall have an accuracy of ± 2 % of reading. The torque measuring system shall have an accuracy of ± 3 % of reading in the range > 20 % of full scale, and an accuracy of ± 0,6 % of full scale in the range ≤ 20 % of full scale.

    2.2.   Other instruments

    Measuring instruments for fuel consumption, air consumption, temperature of coolant and lubricant, exhaust gas pressure and intake manifold depression, exhaust gas temperature, air intake temperature, atmospheric pressure, humidity and fuel temperature shall be used, as required. These instruments shall satisfy the requirements given in table 8:

    Table 8

    Accuracy of Measuring Instruments

    Measuring Instrument

    Accuracy

    Fuel Consumption, Air Consumption

    ± 2 % of Engine's Maximum Value

    Temperatures ≤ 600 K (327 °C)

    ± 2 K Absolute

    Temperatures > 600 K (327 °C)

    ± 1 % of Reading

    Atmospheric Pressure

    ± 0,1 kPa Absolute

    Exhaust Gas Pressure

    ± 0,2 kPa Absolute

    Intake Depression

    ± 0,05 kPa Absolute

    Other Pressures

    ± 0,1 kPa Absolute

    Relative Humidity

    ± 3 % Absolute

    Absolute Humidity

    ± 5 % of Reading

    2.3.   Exhaust Gas Flow

    For calculation of the emissions in the raw exhaust, it is necessary to know the exhaust gas flow (see section 4.4 of Appendix 1). For the determination of the exhaust flow either of the following methods may be used:

    (a)

    Direct measurement of the exhaust flow by flow nozzle or equivalent metering system;

    (b)

    Measurement of the air flow and the fuel flow by suitable metering systems and calculation of the exhaust flow by the following equation:

    GEXHW = GAIRW + GFUEL(for wet exhaust mass)

    The accuracy of exhaust flow determination shall be ± 2,5 % of reading or better.

    2.4.   Diluted exhaust gas flow

    For calculation of the emissions in the diluted exhaust using a full flow dilution system (mandatory for the ETC), it is necessary to know the diluted exhaust gas flow (see section 4.3 of Appendix 2). The total mass flow rate of the diluted exhaust (GTOTW) or the total mass of the diluted exhaust gas over the cycle (MTOTW) shall be measured with a PDP or CFV (Annex V, section 2.3.1). The accuracy shall be ± 2 % of reading or better, and shall be determined according to the provisions of Annex III, Appendix 5, section 2.4.

    3.   DETERMINATION OF THE GASEOUS COMPONENTS

    3.1.   General analyser specifications

    The analysers shall have a measuring range appropriate for the accuracy required to measure the concentrations of the exhaust gas components (section 3.1.1). It is recommended that the analysers be operated such that the measured concentration falls between 15 % and 100 % of full scale.

    If read-out systems (computers, data loggers) can provide sufficient accuracy and resolution below 15 % of full scale, measurements below 15 % of full scale are also acceptable. In this case, additional calibrations of at least 4 non-zero nominally equally spaced points are to be made to ensure the accuracy of the calibration curves according to Annex III, Appendix 5, section 1.5.5.2.

    The electromagnetic compatibility (EMC) of the equipment shall be on a level as to minimise additional errors.

    3.1.1.   Measurement Error

    The total measurement error, including the cross sensitivity to other gases (see Annex III, Appendix 5, section 1.9), shall not exceed ± 5 % of the reading or ± 3,5 % of full scale, whichever is smaller. For concentrations of less than 100 ppm the measurement error shall not exceed ± 4 ppm.

    3.1.2.   Repeatability

    The repeatability, defined as 2,5 times the standard deviation of 10 repetitive responses to a given calibration or span gas, has to be not greater than ± 1 % of full scale concentration for each range used above 155 ppm (or ppmC) or ± 2 % of each range used below 155 ppm (or ppmC).

    3.1.3.   Noise

    The analyser peak-to-peak response to zero and calibration or span gases over any 10 second period shall not exceed 2 % of full scale on all ranges used.

    3.1.4.   Zero Drift

    The zero drift during a one hour period shall be less than 2 % of full scale on the lowest range used. The zero response is defined as the mean response, including noise, to a zero gas during a 30 seconds time interval.

    3.1.5   Span Drift

    The span drift during a one hour period shall be less than 2 % of full scale on the lowest range used. Span is defined as the difference between the span response and the zero response. The span response is defined as the mean response, including noise, to a span gas during a 30 seconds time interval.

    3.2.   Gas Drying

    The optional gas drying device must have a minimal effect on the concentration of the measured gases. Chemical dryers are not an acceptable method of removing water from the sample.

    3.3.   Analysers

    Sections 3.3.1 to 3.3.4 describe the measurement principles to be used. A detailed description of the measurement systems is given in Annex V. The gases to be measured shall be analysed with the following instruments. For non-linear analysers, the use of linearising circuits is permitted.

    3.3.1   Carbon Monoxide (CO) Analysis

    The carbon monoxide analyser shall be of the Non-Dispersive InfraRed (NDIR) absorption type.

    3.3.2.   Carbon Dioxide (CO2) Analysis

    The carbon dioxide analyser shall be of the Non-Dispersive InfraRed (NDIR) absorption type.

    3.3.3.   Hydrocarbon (HC) analysis

    For diesel and LPG fuelled gas engines, the hydrocarbon analyser shall be of the Heated Flame Ionisation Detector (HFID) type with detector, valves, pipework, etc. heated so as to maintain a gas temperature of 463 K ± 10 K (190 ± 10 °C). For NG fuelled gas engines, the hydrocarbon analyser may be of the non heated Flame Ionisation Detector (FID) type depending upon the method used (see Annex V, section 1.3).

    3.3.4.   Non-Methane Hydrocarbon (NMHC) Analysis (NG Fuelled Gas Engines Only)

    Non-methane hydrocarbons shall be determined by either of the following methods:

    3.3.4.1.   Gas Chromatographic (GC) Method

    Non-methane hydrocarbons shall be determined by subtraction of the methane analysed with a Gas Chromatograph (GC) conditioned at 423 K (150 °C) from the hydrocarbons measured according to section 3.3.3.

    3.3.4.2.   Non-Methane Cutter (NMC) Method

    The determination of the non-methane fraction shall be performed with a heated NMC operated in line with an FID as per section 3.3.3 by subtraction of the methane from the hydrocarbons.

    3.3.5.   Oxides of Nitrogen (NOx) Analysis

    The oxides of nitrogen analyser shall be of the ChemiLuminescent Detector (CLD) or Heated ChemiLuminescent Detector (HCLD) type with a NO2/NO converter, if measured on a dry basis. If measured on a wet basis, a HCLD with converter maintained above 328 K (55 °C) shall be used, provided the water quench check (see Annex III, Appendix 5, section 1.9.2.2) is satisfied.

    3.4.   Sampling of Gaseous Emissions

    3.4.1.   Raw Exhaust Gas (ESC only)

    The gaseous emissions sampling probes must be fitted at least 0,5 m or 3 times the diameter of the exhaust pipe whichever is the larger-upstream of the exit of the exhaust gas system as far as applicable and sufficiently close to the engine as to ensure an exhaust gas temperature of at least 343 K (70 °C) at the probe.

    In the case of a multi-cylinder engine with a branched exhaust manifold, the inlet of the probe shall be located sufficiently far downstream so as to ensure that the sample is representative of the average exhaust emissions from all cylinders. In multi-cylinder engines having distinct groups of manifolds, such as in a ‘Vee‧ engine configuration, it is permissible to acquire a sample from each group individually and calculate an average exhaust emission. Other methods which have been shown to correlate with the above methods may be used. For exhaust emission calculation the total exhaust mass flow must be used.

    If the engine is equipped with an exhaust aftertreatment system, the exhaust sample shall be taken downstream of the exhaust aftertreatment system.

    3.4.2.   Diluted Exhaust Gas (mandatory for ETC, optional for ESC)

    The exhaust pipe between the engine and the full flow dilution system shall conform to the requirements of Annex V, section 2.3.1, EP.

    The gaseous emissions sample probe(s) shall be installed in the dilution tunnel at a point where the dilution air and exhaust gas are well mixed, and in close proximity to the particulates sampling probe.

    For the ETC, sampling can generally be done in two ways:

    the pollutants are sampled into a sampling bag over the cycle and measured after completion of the test;

    the pollutants are sampled continuously and integrated over the cycle; this method is mandatory for HC and NOx.

    4.   DETERMINATION OF THE PARTICULATES

    The determination of the particulates requires a dilution system. Dilution may be accomplished by a partial flow dilution system (ESC only) or a full flow dilution system (mandatory for ETC). The flow capacity of the dilution system shall be large enough to completely eliminate water condensation in the dilution and sampling systems, and maintain the temperature of the diluted exhaust gas at or below 325 K (52 °C) immediately upstream of the filter holders. Dehumidifying the dilution air before entering the dilution system is permitted, and especially useful if dilution air humidity is high. The temperature of the dilution air shall be 298 K ± 5 K (25 °C ± 5 °C). If the ambient temperature is below 293 K (20 °C), dilution air pre-heating above the upper temperature limit of 303 K (30 °C) is recommended. However, the dilution air temperature must not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel.

    The partial flow dilution system has to be designed to split the exhaust stream into two fractions, the smaller one being diluted with air and subsequently used for particulate measurement. For this it is essential that the dilution ratio be determined very accurately. Different splitting methods can be applied, whereby the type of splitting used dictates to a significant degree the sampling hardware and procedures to be used (Annex V, section 2.2). The particulate sampling probe shall be installed in close proximity to the gaseous emissions sampling probe, and the installation shall comply with the provisions of section 3.4.1.

    To determine the mass of the particulates, a particulate sampling system, particulate sampling filters, a microgram balance, and a temperature and humidity controlled weighing chamber, are required.

    For particulate sampling, the single filter method shall be applied which uses one pair of filters (see section 4.1.3) for the whole test cycle. For the ESC, considerable attention must be paid to sampling times and flows during the sampling phase of the test.

    4.1.   Particulate Sampling Filters

    4.1.1.   Filter Specification

    Fluorocarbon coated glass fibre filters or fluorocarbon based membrane filters are required. All filter types shall have a 0,3μm DOP (di-octylphthalate) collection efficiency of at least 95 % at a gas face velocity between 35 and 80 cm/s.

    4.1.2.   Filter Size

    Particulate filters must have a minimum diameter of 47 mm (37 mm stain diameter). Larger diameter filters are acceptable (section 4.1.5).

    4.1.3.   Primary and Back-up Filters

    The diluted exhaust shall be sampled by a pair of filters placed in series (one primary and one back-up filter) during the test sequence. The back-up filter shall be located no more than 100 mm downstream of, and shall not be in contact with the primary filter. The filters may be weighed separately or as a pair with the filters placed stain side to stain side.

    4.1.4.   Filter Face Velocity

    A gas face velocity through the filter of 35 to 80 cm/s shall be achieved. The pressure drop increase between the beginning and the end of the test shall be no more than 25 kPa.

    4.1.5.   Filter Loading

    The recommended minimum filter loading shall be 0,5 mg/1 075 mm2 stain area. For the most common filter sizes the values are shown in Table 9.

    Table 9

    Recommended Filter Loadings

    Filter Diameter

    (mm)

    Recommended Stain

    (mm)

    Recommended Minimum loading

    (mg)

    47

    37

    0,5

    70

    60

    1,3

    90

    80

    2,3

    110

    100

    3,6

    4.2.   Weighing Chamber and Analytical Balance Specifications

    4.2.1.   Weighing Chamber Conditions

    The temperature of the chamber (or room) in which the particulate filters are conditioned and weighed shall be maintained to within 295K ± 3 K (22 °C ± 3 °C) during all filter conditioning and weighing. The humidity shall be maintained to a dewpoint of 282,5K ± 3 K (9,5 °C ± 3 °C) and a relative humidity of 45 % ± 8 %.

    4.2.2.   Reference Filter Weighing

    The chamber (or room) environment shall be free of any ambient contaminants (such as dust) that would settle on the particulate filters during their stabilisation. Disturbances to weighing room specifications as outlined in section 4.2.1 will be allowed if the duration of the disturbances does not exceed 30 minutes. The weighing room should meet the required specifications prior to personal entrance into the weighing room. At least two unused reference filters or reference filter pairs shall be weighed within 4 hours of, but preferably at the same time as the sample filter (pair) weighings. They shall be the same size and material as the sample filters.

    If the average weight of the reference filters (reference filter pairs) changes between sample filter weighings by more than ± 5 % (± 7,5 % for the filter pair respectively) of the recommended minimum filter loading (section 4.1.5.), then all sample filters shall be discarded and the emissions test repeated.

    If the weighing room stability criteria outlined in section 4.2.1 is not met, but the reference filter (pair) weighings meet the above criteria, the engine manufacturer has the option of accepting the sample filter weights or voiding the tests, fixing the weighing room control system and rerunning the test.

    4.2.3.   Analytical Balance

    The analytical balance used to determine the weights of all filters shall have a precision (standard deviation) of 20μg and a resolution of 10μg (1 digit = 10 μ(g). For filters less than 70 mm diameter, the precision and resolution shall be 2 μg and 1 μg, respectively.

    4.3.   Additional Specifications for Particulate Measurement

    All parts of the dilution system and the sampling system from the exhaust pipe up to the filter holder, which are in contact with raw and diluted exhaust gas, must be designed to minimise deposition or alteration of the particulates. All parts must be made of electrically conductive materials that do not react with exhaust gas components, and must be electrically grounded to prevent electrostatic effects.

    5.   DETERMINATION OF SMOKE

    This section provides specifications for the required and optional test equipment to be used for the ELR test. The smoke shall be measured with an opacimeter having an opacity and a light absorption coefficient readout mode. The opacity readout mode shall only be used for calibration and checking of the opacimeter. The smoke values of the test cycle shall be measured in the light absorption coefficient readout mode.

    5.1.   General Requirements

    The ELR requires the use of a smoke measurement and data processing system which includes three functional units. These units may be integrated into a single component or provided as a system of interconnected components. The three functional units are:

    an opacimeter meeting the specifications of Annex V, section 3,

    a data processing unit capable of performing the functions described in Annex III, Appendix 1, section 6,

    a printer and/or electronic storage medium to record and output the required smoke values specified in Annex III, Appendix 1, section 6.3.

    5.2.   Specific Requirements

    5.2.1.   Linearity

    The linearity shall be within ± 2 % opacity.

    5.2.2.   Zero Drift

    The zero drift during a one hour period shall not exceed ± 1 % opacity.

    5.2.3.   Opacimeter Display and Range

    For display in opacity, the range shall be 0-100 % opacity, and the readability 0,1 % opacity. For display in light absorption coefficient, the range shall be 0-30 m-1 light absorption coefficient, and the readability 0,01 m-1 light absorption coefficient.

    5.2.4   Instrument Response Time

    The physical response time of the opacimeter shall not exceed 0,2 s. The physical response time is the difference between the times when the output of a rapid response receiver reaches 10 and 90 % of the full deviation when the opacity of the gas being measured is changed in less than 0,1 s.

    The electrical response time of the opacimeter shall not exceed 0,05 s. The electrical response time is the difference between the times when the opacimeter output reaches 10 and 90 % of the full scale when the light source is interrupted or completely extinguished in less than 0,01 s.

    5.2.5.   Neutral Density Filters

    Any neutral density filter used in conjunction with opacimeter calibration, linearity measurements, or setting span shall have its value known to within 1,0 % opacity. The filter's nominal value must be checked for accuracy at least yearly using a reference traceable to a national or international standard.

    Neutral density filters are precision devices and can easily be damaged during use. Handling should be minimised and, when required, should be done with care to avoid scratching or soiling of the filter.

    Appendix 5

    CALIBRATION PROCEDURE

    1.   CALIBRATION OF THE ANALYTICAL INSTRUMENTS

    1.1.   Introduction

    Each analyser shall be calibrated as often as necessary to fulfil the accuracy requirements of this Directive. The calibration method that shall be used is described in this section for the analysers indicated in Annex III, Appendix 4, section 3 and Annex V, section 1.

    1.2.   Calibration Gases

    The shelf life of all calibration gases must be respected.

    The expiration date of the calibration gases stated by the manufacturer shall be recorded.

    1.2.1.   Pure Gases

    The required purity of the gases is defined by the contamination limits given below. The following gases must be available for operation:

    Purified nitrogen

    (Contamination ≤ 1 ppm C1, ≤ 1 ppm CO, ≤ 400 ppm CO2, ≤ 0,1 ppm NO)

    Purified oxygen

    (Purity > 99,5 % vol O2)

    Hydrogen-helium mixture

    (40 ± 2 % hydrogen, balance helium)

    (Contamination ≤ 1 ppm C1, ≤ 400 ppm CO2)

    Purified synthetic air

    (Contamination ≤ 1 ppm C1, ≤ 1 ppm CO, ≤ 400 ppm CO2, ≤ 0,1 ppm NO)

    (Oxygen content between 18-21 % vol.)

    Purified propane or CO for the CVS verification

    1.2.2.   Calibration and Span Gases

    Mixtures of gases having the following chemical compositions shall be available:

    C3H8 and purified synthetic air (see section 1.2.1);

    CO and purified nitrogen;

    NOx and purified nitrogen (the amount of NO2 contained in this calibration gas must not exceed 5 % of the NO content);

    CO2 and purified nitrogen

    CH4 and purified synthetic air

    C2H6 and purified synthetic air

    Note: Other gas combinations are allowed provided the gases do not react with one another.

    The true concentration of a calibration and span gas must be within ± 2 % of the nominal value. All concentrations of calibration gas shall be given on a volume basis (volume percent or volume ppm).

    The gases used for calibration and span may also be obtained by means of a gas divider, diluting with purified N2 or with purified synthetic air. The accuracy of the mixing device must be such that the concentration of the diluted calibration gases may be determined to within ± 2 %.

    1.3.   Operating Procedure for Analysers and Sampling System

    The operating procedure for analysers shall follow the start-up and operating instructions of the instrument manufacturer. The minimum requirements given in sections 1.4 to 1.9 shall be included.

    1.4.   Leakage test

    A system leakage test shall be performed. The probe shall be disconnected from the exhaust system and the end plugged. The analyser pump shall be switched on. After an initial stabilisation period all flow meters should read zero. If not, the sampling lines shall be checked and the fault corrected.

    The maximum allowable leakage rate on the vacuum side shall be 0,5 % of the in-use flow rate for the portion of the system being checked. The analyser flows and bypass flows may be used to estimate the in-use flow rates.

    Another method is the introduction of a concentration step change at the beginning of the sampling line by switching from zero to span gas. If after an adequate period of time the reading shows a lower concentration compared to the introduced concentration, this points to calibration or leakage problems.

    1.5.   Calibration Procedure

    1.5.1.   Instrument Assembly

    The instrument assembly shall be calibrated and calibration curves checked against standard gases. The same gas flow rates shall be used as when sampling exhaust.

    1.5.2   Warming-up Time

    The warming-up time should be according to the recommendations of the manufacturer. If not specified, a minimum of two hours is recommended for warming up the analysers.

    1.5.3.   NDIR and HFID Analyser

    The NDIR analyser shall be tuned, as necessary, and the combustion flame of the HFID analyser shall be optimised (section 1.8.1).

    1.5.4.   Calibration

    Each normally used operating range shall be calibrated.

    Using purified synthetic air (or nitrogen), the CO, CO2, NOx and HC analysers shall be set at zero.

    The appropriate calibration gases shall be introduced to the analysers, the values recorded, and the calibration curve established according to section 1.5.5.

    The zero setting shall be rechecked and the calibration procedure repeated, if necessary.

    1.5.5   Establishment of the Calibration Curve

    1.5.5.1.   General Guidelines

    The analyser calibration curve shall be established by at least five calibration points (excluding zero) spaced as uniformly as possible. The highest nominal concentration must be equal to or higher than 90 % of full scale.

    The calibration curve shall be calculated by the method of least squares. If the resulting polynomial degree is greater than 3, the number of calibration points (zero included) must be at least equal to this polynomial degree plus 2.

    The calibration curve must not differ by more than ± 2 % from the nominal value of each calibration point and by more than ± 1 % of full scale at zero.

    From the calibration curve and the calibration points, it is possible to verify that the calibration has been carried out correctly. The different characteristic parameters of the analyser must be indicated, particularly:

    the measuring range,

    the sensitivity,

    the date of carrying out the calibration.

    1.5.5.2.   Calibration below 15 % of Full Scale

    The analyser calibration curve shall be established by at least 4 additional calibration points (excluding zero) spaced nominally equally below 15 % of full scale.

    The calibration curve is calculated by the method of least squares.

    The calibration curve must not differ by more than ± 4 % from the nominal value of each calibration point and by more than ± 1 % of full scale at zero.

    1.5.5.3.   Alternative Methods

    If it can be shown that alternative technology (e.g. computer, electronically controlled range switch, etc.) can give equivalent accuracy, then these alternatives may be used.

    1.6.   Verification of the Calibration

    Each normally used operating range shall be checked prior to each analysis in accordance with the following procedure.

    The calibration shall be checked by using a zero gas and a span gas whose nominal value is more than 80 % of full scale of the measuring range.

    If, for the two points considered, the value found does not differ by more than ± 4 % of full scale from the declared reference value, the adjustment parameters may be modified. Should this not be the case, a new calibration curve shall be established in accordance with section 1.5.5.

    1.7.   Efficiency test of the NOx Converter

    The efficiency of the converter used for the conversion of NO2 into NO shall be tested as given in sections 1.7.1 to 1.7.8 (Figure 6).

    1.7.1.   Test Set-up

    Using the test set-up as shown in Figure 6 (see also Annex III, Appendix 4, section 3.3.5) and the procedure below, the efficiency of converters can be tested by means of an ozonator.

    1.7.2.   Calibration

    The CLD and the HCLD shall be calibrated in the most common operating range following the manufacturer's specifications using zero and span gas (the NO content of which must amount to about 80 % of the operating range and the NO2 concentration of the gas mixture to less than 5 % of the NO concentration). The NOx analyser must be in the NO mode so that the span gas does not pass through the converter. The indicated concentration has to be recorded.

    1.7.3   Calculation

    The efficiency of the NOx converter is calculated as follows:

    Formula

    where,

    a

    =

    is the NOx concentration according to section 1.7.6

    b

    =

    is the NOx concentration according to section 1.7.7

    c

    =

    is the NO concentration according to section 1.7.4

    d

    =

    is the NO concentration according to section 1.7.5

    1.7.4.   Adding of Oxygen

    Via a T-fitting, oxygen or zero air is added continuously to the gas flow until the concentration indicated is about 20 % less than the indicated calibration concentration given in section 1.7.2 (The analyser is in the NO mode). The indicated concentration c shall be recorded. The ozonator is kept deactivated throughout the process.

    1.7.5.   Activation of the Ozonator

    The ozonator is now activated to generate enough ozone to bring the NO concentration down to about 20 % (minimum 10 %) of the calibration concentration given in section 1.7.2. The indicated concentration d shall be recorded (The analyser is in the NO mode).

    1.7.6.   NOx Mode

    The NO analyser is then switched to the NOx mode so that the gas mixture (consisting of NO, NO2, O2 and N2) now passes through the converter. The indicated concentration a shall be recorded. (The analyser is in the NOx mode).

    1.7.7.   Deactivation of the Ozonator

    The ozonator is now deactivated. The mixture of gases described in section 1.7.6 passes through the converter into the detector. The indicated concentration b shall be recorded. (The analyser is in the NOx mode).

    1.7.8.   NO Mode

    Switched to NO mode with the ozonator deactivated, the flow of oxygen or synthetic air is also shut off. The NOx reading of the analyser shall not deviate by more than ± 5 % from the value measured according to section 1.7.2. (The analyser is in the NO mode).

    1.7.9.   Test Interval

    The efficiency of the converter must be tested prior to each calibration of the NOx analyser.

    1.7.10.   Efficiency Requirement

    The efficiency of the converter shall not be less than 90 %, but a higher efficiency of 95 % is strongly recommended.

    Note: If, with the analyser in the most common range, the ozonator cannot give a reduction from 80 % to 20 % according to section 1.7.5, then the highest range which will give the reduction shall be used.

    Figure 6

    Schematic of NOx converter efficiency device

    Image

    1.8.   Adjustment of the FID

    1.8.1.   Optimisation of the Detector Response

    The FID must be adjusted as specified by the instrument manufacturer. A propane in air span gas should be used to optimise the response on the most common operating range.

    With the fuel and air flow rates set at the manufacturer's recommendations, a 350 ± 75 ppm C span gas shall be introduced to the analyser. The response at a given fuel flow shall be determined from the difference between the span gas response and the zero gas response. The fuel flow shall be incrementally adjusted above and below the manufacturer's specification. The span and zero response at these fuel flows shall be recorded. The difference between the span and zero response shall be plotted and the fuel flow adjusted to the rich side of the curve.

    1.8.2.   Hydrocarbon Response Factors

    The analyser shall be calibrated using propane in air and purified synthetic air, according to section 1.5.

    Response factors shall be determined when introducing an analyser into service and after major service intervals. The response factor (Rf) for a particular hydrocarbon species is the ratio of the FID C1 reading to the gas concentration in the cylinder expressed by ppm C1.

    The concentration of the test gas must be at a level to give a response of approximately 80 % of full scale. The concentration must be known to an accuracy of ± 2 % in reference to a gravimetric standard expressed in volume. In addition, the gas cylinder must be preconditioned for 24 hours at a temperature of 298 K ± 5 K (25 °C ± 5 °C).

    The test gases to be used and the recommended relative response factor ranges are as follows:

    Methane and purified synthetic air 1,00 ≤ Rf ≤ 1,15

    Propylene and purified synthetic air 0,90 ≤ Rf ≤ 1,10

    Toluene and purified synthetic air 0,90 ≤ Rf ≤ 1,10

    These values are relative to the response factor (Rf) of 1,00 for propane and purified synthetic air.

    1.8.3.   Oxygen Interference Check

    The oxygen interference check shall be determined when introducing an analyser into service and after major service intervals.

    The response factor is defined and shall be determined as described in section 1.8.2. The test gas to be used and the recommended relative response factor range are as follows:

    Propane and nitrogen 0,95 ≤ Rf ≤ 1,05

    This value is relative to the response factor (Rf) of 1,00 for propane and purified synthetic air.

    The FID burner air oxygen concentration must be within ± 1 mole % of the oxygen concentration of the burner air used in the latest oxygen interference check. If the difference is greater, the oxygen interference must be checked and the analyser adjusted, if necessary.

    1.8.4.   Efficiency of the Non-Methane Cutter (NMC, For NG Fuelled Gas Engines Only)

    The NMC is used for the removal of the non-methane hydrocarbons from the sample gas by oxidising all hydrocarbons except methane. Ideally, the conversion for methane is 0 %, and for the other hydrocarbons represented by ethane is 100 %. For the accurate measurement of NMHC, the two efficiencies shall be determined and used for the calculation of the NMHC emission mass flow rate (see Annex III, Appendix 2, section 4.3).

    1.8.4.1.   Methane Efficiency

    Methane calibration gas shall be flown through the FID with and without bypassing the NMC and the two concentrations recorded. The efficiency shall be determined as follows:

    CEM = 1 - (concw/concw/o)

    where,

    concw

    =

    HC concentration with CH4 flowing through the NMC

    concw/o

    =

    HC concentration with CH4 bypassing the NMC

    1.8.4.2.   Ethane Efficiency

    Ethane calibration gas shall be flown through the FID with and without bypassing the NMC and the two concentrations recorded. The efficiency shall be determined as follows

    Formula

    where,

    concw

    =

    HC concentration with C2H6 flowing through the NMC

    concw/o

    =

    HC concentration with C2H6 bypassing the NMC

    1.9.   Interference Effects with CO, CO2, and NOx Analysers

    Gases present in the exhaust other than the one being analysed can interfere with the reading in several ways. Positive interference occurs in NDIR instruments where the interfering gas gives the same effect as the gas being measured, but to a lesser degree. Negative interference occurs in NDIR instruments by the interfering gas broadening the absorption band of the measured gas, and in CLD instruments by the interfering gas quenching the radiation. The interference checks in sections 1.9.1 and 1.9.2 shall be performed prior to an analyser's initial use and after major service intervals.

    1.9.1.   CO Analyser Interference Check

    Water and CO2 can interfere with the CO analyser performance. Therefore, a CO2 span gas having a concentration of 80 to 100 % of full scale of the maximum operating range used during testing shall be bubbled through water at room temperature and the analyser response recorded. The analyser response must not be more than 1 % of full scale for ranges equal to or above 300 ppm or more than 3 ppm for ranges below 300 ppm.

    1.9.2.   NOx Analyser Quench Checks

    The two gases of concern for CLD (and HCLD) analysers are CO2 and water vapour. Quench responses to these gases are proportional to their concentrations, and therefore require test techniques to determine the quench at the highest expected concentrations experienced during testing.

    1.9.2.1.   CO2 Quench Check

    A CO2 span gas having a concentration of 80 to 100 % of full scale of the maximum operating range shall be passed through the NDIR analyser and the CO2 value recorded as A. It shall then be diluted approximately 50 % with NO span gas and passed through the NDIR and (H)CLD, with the CO2 and NO values recorded as B and C, respectively. The CO2 shall then be shut off and only the NO span gas be passed through the (H)CLD and the NO value recorded as D.

    The quench, which must not be greater than 3 % of full scale, shall be calculated as follows:

    Formula

    where,

    A

    =

    is the undiluted CO2 concentration measured with NDIR in %

    B

    =

    is the diluted CO2 concentration measured with NDIR in %

    C

    =

    is the diluted NO concentration measured with (H)CLD in ppm

    D

    =

    is the undiluted NO concentration measured with (H)CLD in ppm

    Alternative methods of diluting and quantifying of CO2 and NO span gas values such as dynamic mixing/blending can be used.

    1.9.2.2.   Water Quench Check

    This check applies to wet gas concentration measurements only. Calculation of water quench must consider dilution of the NO span gas with water vapour and scaling of water vapour concentration of the mixture to that expected during testing.

    A NO span gas having a concentration of 80 to 100 % of full scale of the normal operating range shall be passed through the (H)CLD and the NO value recorded as D. The NO span gas shall then be bubbled through water at room temperature and passed through the (H)CLD and the NO value recorded as C. The analyser's absolute operating pressure and the water temperature shall be determined and recorded as E and F, respectively. The mixture's saturation vapour pressure that corresponds to the bubbler water temperature F shall be determined and recorded as G. The water vapour concentration (H, in %) of the mixture shall be calculated as follows:

    H = 100 x (G/E)

    The expected diluted NO span gas (in water vapour) concentration (De) shall be calculated as follows:

    De = D x (1 - H/100)

    For diesel exhaust, the maximum exhaust water vapour concentration (Hm, in %) expected during testing shall be estimated, under the assumption of a fuel atom H/C ratio of 1,8:1, from the undiluted CO2 span gas concentration (A, as measured in section 1.9.2.1) as follows:

    Hm = 0,9 x A

    The water quench, which must not be greater than 3 %, shall be calculated as follows:

    % quench = 100 x ((De - C)/De) x (Hm/H)

    where,

    De

    =

    is the expected diluted NO concentration in ppm

    C

    =

    is the diluted NO concentration in ppm

    Hm

    =

    is the maximum water vapour concentration in %

    H

    =

    is the actual water vapour concentration in %

    Note: It is important that the NO span gas contains minimal NO2 concentration for this check, since absorption of NO2 in water has not been accounted for in the quench calculations.

    1.10.   Calibration Intervals

    The analysers shall be calibrated according to section 1.5 at least every 3 months or whenever a system repair or change is made that could influence calibration.

    2.   CALIBRATION OF THE CVS-SYSTEM

    2.1.   General

    The CVS system shall be calibrated by using an accurate flowmeter traceable to national or international standards and a restricting device. The flow through the system shall be measured at different restriction settings, and the control parameters of the system shall be measured and related to the flow.

    Various types of flowmeters may be used, e.g. calibrated venturi, calibrated laminar flowmeter, calibrated turbinemeter.

    2.2.   Calibration of the Positive Displacement Pump (PDP)

    All parameters related to the pump shall be simultaneously measured with the parameters related to the flowmeter which is connected in series with the pump. The calculated flow rate (in m3/min at pump inlet, absolute pressure and temperature) shall be plotted versus a correlation function which is the value of a specific combination of pump parameters. The linear equation which relates the pump flow and the correlation function shall then be determined. If a CVS has a multiple speed drive, the calibration shall be performed for each range used. Temperature stability shall be maintained during calibration.

    2.2.1.   Data Analysis

    The air flowrate (Qs) at each restriction setting (minimum 6 settings) shall be calculated in standard m3/min from the flowmeter data using the manufacturer's prescribed method. The air flow rate shall then be converted to pump flow (V0) in m3/rev at absolute pump inlet temperature and pressure as follows:

    Formula

    where,

    Qs

    =

    air flow rate at standard conditions (101,3 kPa, 273 K), m3/s

    T

    =

    temperature at pump inlet, K

    pA

    =

    absolute pressure at pump inlet (pB-p1), kPa

    n

    =

    pump speed, rev/s

    To account for the interaction of pressure variations at the pump and the pump slip rate, the correlation function (X0) between pump speed, pressure differential from pump inlet to pump outlet and absolute pump outlet pressure shall be calculated as follows:

    Formula

    where,

    Δpp

    =

    pressure differential from pump inlet to pump outlet, kPa

    pA

    =

    absolute outlet pressure at pump outlet, kPa

    A linear least-square fit shall be performed to generate the calibration equation as follows:

    V0 = D0 - m x (X0)

    D0 and m are the intercept and slope constants, respectively, describing the regression lines.

    For a CVS system with multiple speeds, the calibration curves generated for the different pump flow ranges shall be approximately parallel, and the intercept values (D0) shall increase as the pump flow range decreases.

    The calculated values from the equation shall be within ± 0,5 % of the measured value of V0. Values of m will vary from one pump to another. Particulate influx over time will cause the pump slip to decrease, as reflected by lower values for m. Therefore, calibration shall be performed at pump start-up, after major maintenance, and if the total system verification (section 2.4) indicates a change of the slip rate.

    2.3.   Calibration of the Critical Flow Venturi (CFV)

    Calibration of the CFV is based upon the flow equation for a critical venturi. Gas flow is a function of inlet pressure and temperature, as shown below:

    Formula

    where,

    Kv

    =

    calibration coefficient

    pA

    =

    absolute pressure at venturi inlet, kPa

    T

    =

    temperature at venturi inlet, K

    2.3.1.   Data Analysis

    The air flowrate (Qs) at each restriction setting (minimum 8 settings) shall be calculated in standard m3/min from the flowmeter data using the manufacturer's prescribed method. The calibration coefficient shall be calculated from the calibration data for each setting as follows:

    Formula

    where,

    Qs

    =

    air flow rate at standard conditions (101,3 kPa, 273 K), m3/s

    T

    =

    temperature at the venturi inlet, K

    pA

    =

    absolute pressure at venturi inlet, kPa

    To determine the range of critical flow, Kv shall be plotted as a function of venturi inlet pressure. For critical (choked) flow, Kv will have a relatively constant value. As pressure decreases (vacuum increases), the venturi becomes unchoked and Kv decreases, which indicates that the CFV is operated outside the permissible range.

    For a minimum of eight points in the region of critical flow, the average Kv and the standard deviation shall be calculated. The standard deviation shall not exceed ± 0,3 % of the average KV.

    2.4.   Total System Verification

    The total accuracy of the CVS sampling system and analytical system shall be determined by introducing a known mass of a pollutant gas into the system while it is being operated in the normal manner. The pollutant is analysed, and the mass calculated according to Annex III, Appendix 2, section 4.3 except in the case of propane where a factor of 0,000472 is used in place of 0,000479 for HC. Either of the following two techniques shall be used.

    2.4.1.   Metering with a Critical Flow Orifice

    A known quantity of pure gas (carbon monoxide or propane) shall be fed into the CVS system through a calibrated critical orifice. If the inlet pressure is high enough, the flow rate, which is adjusted by means of the critical flow orifice, is independent of the orifice outlet pressure (critical flow). The CVS system shall be operated as in a normal exhaust emission test for about 5 to 10 minutes. A gas sample shall be analysed with the usual equipment (sampling bag or integrating method), and the mass of the gas calculated. The mass so determined shall be within ± 3 % of the known mass of the gas injected.

    2.4.2.   Metering by Means of a Gravimetric Technique

    The weight of a small cylinder filled with carbon monoxide or propane shall be determined with a precision of ± 0,01 gram. For about 5 to 10 minutes, the CVS system shall be operated as in a normal exhaust emission test, while carbon monoxide or propane is injected into the system. The quantity of pure gas discharged shall be determined by means of differential weighing. A gas sample shall be analysed with the usual equipment (sampling bag or integrating method), and the mass of the gas calculated. The mass so determined shall be within ± 3 % of the known mass of the gas injected.

    3.   CALIBRATION OF THE PARTICULATE MEASURING SYSTEM

    3.1.   Introduction

    Each component shall be calibrated as often as necessary to fulfil the accuracy requirements of this Directive. The calibration method to be used is described in this section for the components indicated in Annex III, Appendix 4, section 4 and Annex V, section 2.

    3.2.   Flow Measurement

    The calibration of gas flow meters or flow measurement instrumentation shall be traceable to international and/or national standards. The maximum error of the measured value shall be within ± 2 % of reading.

    If the gas flow is determined by differential flow measurement, the maximum error of the difference shall be such that the accuracy of GEDF is within ± 4 % (see also Annex V, section 2.2.1, EGA). It can be calculated by taking the Root-Mean-Square of the errors of each instrument.

    3.3.   Checking the Partial Flow Conditions

    The range of the exhaust gas velocity and the pressure oscillations shall be checked and adjusted according to the requirements of Annex V, section 2.2.1, EP, if applicable.

    3.4.   Calibration Intervals

    The flow measurement instrumentation shall be calibrated at least every 3 months or whenever a system repair or change is made that could influence calibration.

    4.   CALIBRATION OF THE SMOKE MEASUREMENT EQUIPMENT

    4.1.   Introduction

    The opacimeter shall be calibrated as often as necessary to fulfil the accuracy requirements of this Directive. The calibration method to be used is described in this section for the components indicated in Annex III, Appendix 4, section 5 and Annex V, section 3.

    4.2.   Calibration Procedure

    4.2.1   Warming-up Time

    The opacimeter shall be warmed up and stabilised according to the manufacturer's recommendations. If the opacimeter is equipped with a purge air system to prevent sooting of the instrument optics, this system should also be activated and adjusted according to the manufacturer's recommendations.

    4.2.2.   Establishment of the Linearity Response

    The linearity of the opacimeter shall be checked in the opacity readout mode as per the manufacturer's recommendations. Three neutral density filters of known transmittance, which shall meet the requirements of Annex III, Appendix 4, section 5.2.5, shall be introduced to the opacimeter and the value recorded. The neutral density filters shall have nominal opacities of approximately 10 %, 20 % and 40 %.

    The linearity must not differ by more than ± 2 % opacity from the nominal value of the neutral density filter. Any non-linearity exceeding the above value must be corrected prior to the test.

    4.3.   Calibration Intervals

    The opacimeter shall be calibrated according to section 4.2.2 at least every 3 months or whenever a system repair or change is made that could influence calibration.

    ANNEX IV

    TECHNICAL CHARACTERISTICS OF REFERENCE FUEL PRESCRIBED FOR APPROVAL TESTS AND TO VERIFY CONFORMITY OF PRODUCTION

    DIESEL FUEL (1)

    Parameter

    Unit

    Limits (2)

    Test Method

    Publication

    Minimum

    Maximum

    Cetane number (3)

     

    52,0

    54,0

    EN-ISO 5165

    1998 (4)

    Density at 15 °C

    kg/m3

    833

    837

    EN-ISO 3675

    1995

    Distillation:

     

     

     

     

     

    — 50 % point

    °C

    245

    EN-ISO 3405

    1998

    — 95 % point

    °C

    345

    350

    EN-ISO 3405

    1998

    — final boiling point

    °C

    370

    EN-ISO 3405

    1998

    Flash point

    °C

    55

    EN 27719

    1993

    CFPP

    °C

    - 5

    EN 116

    1981

    Viscosity at 40 °C

    mm2/s

    2,5

    3,5

    EN-ISO 3104

    1996

    Polycyclic aromatic hydrocarbons

    % m/m

    3,0

    6,0

    IP 391 (7)

    1995

    Sulphur content (5)

    mg/kg

    300

    pr. EN-ISO/DIS 14596

    1998 (4)

    Copper corrosion

     

    1

    EN-ISO 2160

    1995

    Conradson carbon residue (10 % DR)

    % m/m

    0,2

    EN-ISO 10370

     

    Ash content

    % m/m

    0,01

    EN-ISO 6245

    1995

    Water content

    % m/m

    0,05

    EN-ISO 12937

    1995

    Neutralisation (strong acid) number

    mg KOH/g

    0,02

    ASTM D 974-95

    1998 (4)

    Oxidation stability (6)

    mg/ml

    0,025

    EN-ISO 12205

    1996

    % m/m

    EN 12916

    [1997] (4)

    ETHANOL FOR DIESEL ENGINES (8)

    Parameter

    Unit

    Limits (9)

    Test Method (10)

    Minimum

    Maximum

    Alcohol, mass

    % m/m

    92,4

    ASTM D 5501

    Other alcohol than ethanol contained in total alcohol, mass

    % m/m

    2

    ADTM D 5501

    Density at 15 °C

    kg/m3

    795

    815

    ASTM D 4052

    Ash content

    % m/m

     

    0,001

    ISO 6245

    Flash point

    °C

    10

     

    ISO 2719

    Acidity, calculated as acetic acid

    % m/m

    0,0025

    ISO 1388-2

    Neutralisation (strong acid) number

    KOH mg/l

    1

     

    Colour

    According to scale

    10

    ASTM D 1209

    Dry residue at 100 °C

    mg/kg

     

    15

    ISO 759

    Water content

    % m/m

     

    6,5

    ISO 760

    Aldehydes calculated as acetic acid

    % m/m

     

    0,0025

    ISO 1388-4

    Sulphur content

    mg/kg

    10

    ASTM D 5453

    Esters, calculated as ethylacetate

    % m/m

    0,1

    ASSTM D 1617

    2.   NATURAL GAS (NG)

    European market fuels are available in two ranges:

    the H range, whose extreme reference fuels are GR and G23;

    the L range, whose extreme reference fuels are G23 and G25.

    The characteristics of GR, G23 and G25 reference fuels are summarised below:

    Reference fuel GR

    Characteristics

    Units

    Basis

    Limits

    Test Method

    Minimum

    Maximum

    Composition:

     

     

     

     

     

    Methane

     

    87

    84

    89

     

    Ethane

     

    13

    11

    15

     

    Balance (11)

    %-mole

    1

    ISO 6974

    Sulphur content

    mg/m3  (12)

    10

    ISO 6326-5


    Reference fuel G23

    Characteristics

    Units

    Basis

    Limits

    Test Method

    Minimum

    Maximum

    Composition:

     

     

     

     

     

    Methane

     

    92,5

    91,5

    93,5

     

    Balance

    %-mole

    1

    ISO 6974

    N2

     

    7,5

    6,5

    8,5

     

    Sulphur content

    mg/m3  (13)  (14)

    10

    ISO 6326-5


    Reference fuel G25

    Characteristics

    Units

    Basis

    Limits

    Test Method

    Minimum

    Maximum

    Composition:

     

     

     

     

     

    Methane

     

    86

    84

    88

     

    Balance (15)

    %-mole

    1

    ISO 6974

    N2

     

    14

    12

    16

     

    Sulphur content

    mg/m3  (16)

    10

    ISO 6326-5

    3.   LIQUEFIED PETROLEUM GAS (LPG)

    Parameter

    Unit

    Limits Fuel A

    Limits Fuel B

    Test Method

    Minimum

    Maximum

    Minimum

    Maximum

    Motor Octane Number

     

    92,5 (**)

     

    92,5

     

    EN 589 Annex B

    Composition

     

     

     

     

     

     

    C3 content

    % vol

    48

    52

    83

    87

     

    C4 content

    % vol

    48

    52

    13

    17

    ISO 7941

    Olefins

    % vol

     

    12

     

    14

     

    Evaporation residue

    mg/kg

     

    50

     

    50

    NFM 41-015

    Total sulphur content

    ppm weight (17)

     

    50

     

    50

    EN 24260

    Hydrogen sulphide

     

    None

     

    None

    ISO 8819

    Copper strip corrosion

    rating

     

    Class 1

     

    class 1

    ISO 6251 (18)

    Water at 0 °C

     

     

    Free

     

    free

    Visual inspection


    (1)  If it is required to calculate the thermal efficiency of an engine or vehicle, the calorific value of the fuel can be calculated from:

    Specific energy (calorific value)(net) in MJ/kg = (46,423 - 8,792d2 + 3,170d)(1 - (x + y + s)) + 9,420s - 2,499x

    where,

    d

    =

    the density at 15 °C

    x

    =

    the proportion by mass of water (% divided by 100)

    y

    =

    the proportion by mass of ash (% divided by 100)

    s

    =

    the proportion by mass of sulphur (% divided by 100).

    (2)  The values quoted in the specification are ‘true values‧. In establishment of their limit values the terms of ISO 4259, Petroleums products — Determination and application of precision data in relation to methods of test, have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for statistical reasons, the manufacturer of a fuel should nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify the question as to whether a fuel meets the requirements of the specification, the terms of ISO 4259 should be applied.

    (3)  The range for cetane number is not in accordance with the requirement of a minimum range of 4R. However, in the case of dispute between fuel supplier and fuel user, the terms in ISO 4259 can be used to resolve such disputes provided replicate measurements, of sufficient number to achieve the necessary precision, are made in preference to single determinations.

    (4)  The month of publication will be completed in due course.

    (5)  The actual sulphur content of the fuel used for the test shall be reported. In addition, the sulphur content of the reference fuel used to approve a vehicle or engine against the limit values set out in row B of the Table in section 6.2.1. of Annex I to this Directive shall have a maximum sulphur content of 50 ppm. The Commission will as soon as possible, but no later than 31 December 1999, bring forward a modification to this Annex reflecting the market average for fuel sulphur content in respect of the fuel defined in Annex IV to Directive 98/70/EC.

    (6)  Even though oxidation stability is controlled, it is likely that shelf life will be limited. Advice should be sought from the supplier as to storage conditions and life.

    (7)  New and better method for polycyclic aromatics under development

    (8)  Cetane improver, as specified by the engine manufacturer, may be added to the ethanol fuel. The maximum allowed amount is 10 % m/m.

    (9)  The values quoted in the specification are ‘true values‧. In establishment of their limit values the terms of ISO 4259, Petroleum products Determination and application of precision data in relation to methods of test, have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R — reproducibility). Notwithstanding this measure, which is necessary for statistical reasons, the manufacturer of a fuel should nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify the question as to whether a fuel meets the requirements of the specification, the terms of ISO 4259 should be applied.

    (10)  Equivalent ISO methods will be adopted when issued for all properties listed above.

    (11)  Inerts +C2+.

    (12)  Value to be determined at standard conditions (293.2 K (20 °C) and 101.3 kPa).

    (13)  Inerts (different from N2) +C2+ +C2+.

    (14)  Value to be determined at standard conditions (293,2 K (20 °C) and 101,3 kPa).

    (15)  Inerts (different from N2) +C2+ +C2+.

    (16)  Value to be determined at standard conditions (293,2 K (20 °C) and 101,3 kPa).

    (17)  Value to be determined at standard conditions 293,2 K (20 °C) and 101,3 kPa.

    (18)  This method may not accurately determine the presence of corrosive materials if the sample contains corrosion inhibitors or other chemicals which diminish the corrosivity of the sample to the copper strip. Therefore, the addition of such compounds for the sole purpose of biasing the test method is prohibited.

    ANNEX V

    ANALYTICAL AND SAMPLING SYSTEMS

    1.   DETERMINATION OF THE GASEOUS EMISSIONS

    1.1.   Introduction

    Section 1.2 and figures 7 and 8 contain detailed descriptions of the recommended sampling and analysing systems. Since various configurations can produce equivalent results, exact conformance with figures 7 and 8 is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and co-ordinate the functions of the component systems. Other components which are not needed to maintain the accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgement.

    Figure 7

    Flow diagram of raw exhaust gas analysis system for CO, CO2, NOx, HC

    ESC only

    Image

    1.2.   Description of the Analytical System

    An analytical system for the determination of the gaseous emissions in the raw (Figure 7, ESC only) or diluted (Figure 8, ETC and ESC) exhaust gas is described based on the use of:

    HFID analyser for the measurement of hydrocarbons;

    NDIR analysers for the measurement of carbon monoxide and carbon dioxide;

    HCLD or equivalent analyser for the measurement of the oxides of nitrogen;

    The sample for all components may be taken with one sampling probe or with two sampling probes located in close proximity and internally split to the different analysers. Care must be taken that no condensation of exhaust components (including water and sulphuric acid) occurs at any point of the analytical system.

    Figure 8

    Flow diagram of diluted exhaust gas analysis system for CO, CO2, NOx, HC

    ETC, optional for ESC

    Image

    1.2.1.   Components of figures 7 and 8

    EP Exhaust pipe

    SP1 Exhaust gas sampling probe (Figure 7 only)

    A stainless steel straight closed end multi-hole probe is recommended. The inside diameter shall not be greater than the inside diameter of the sampling line. The wall thickness of the probe shall not be greater than 1 mm. There shall be a minimum of 3 holes in 3 different radial planes sized to sample approximately the same flow. The probe must extend across at least 80 % of the diameter of the exhaust pipe. One or two sampling probes may be used.

    SP2 Diluted exhaust gas HC sampling probe (Figure 8 only)

    The probe shall:

    be defined as the first 254 mm to 762 mm of the heated sampling line HSL1;

    have a 5 mm minimum inside diameter;

    be installed in the dilution tunnel DT (see section 2.3, Figure 20) at a point where the dilution air and exhaust gas are well mixed (i.e. approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel);

    be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies;

    be heated so as to increase the gas stream temperature to 463 K ± 10 K (190 °C ± 10 °C) at the exit of the probe.

    SP3 Diluted exhaust gas CO, CO2, NOx sampling probe (Figure 8 only)

    The probe shall:

    be in the same plane as SP 2;

    be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies;

    be heated and insulated over its entire length to a minimum temperature of 328 K (55 °C) to prevent water condensation.

    HSL1 Heated sampling line

    The sampling line provides a gas sample from a single probe to the split point(s) and the HC analyser.

    The sampling line shall:

    have a 5 mm minimum and a 13,5 mm maximum inside diameter;

    be made of stainless steel or PTFE;

    maintain a wall temperature of 463 K ± 10 K (190 °C ± 10 °C) as measured at every separately controlled heated section, if the temperature of the exhaust gas at the sampling probe is equal to or below 463 K (190 °C);

    maintain a wall temperature greater than 453 K (180 °C), if the temperature of the exhaust gas at the sampling probe is above 463 K (190 °C);

    maintain a gas temperature of 463 K ± 10 K (190 °C ± 10 °C) immediately before the heated filter F2 and the HFID;

    HSL2 Heated NOx sampling line

    The sampling line shall:

    maintain a wall temperature of 328 K to 473 K (55 °C to 200 °C), up to the converter C when using a cooling bath B, and up to the analyser when a cooling bath B is not used.

    be made of stainless steel or PTFE.

    SL Sampling line for CO and CO2

    The line shall be made of PTFE or stainless steel. It may be heated or unheated.

    BK Background bag (optional; Figure 8 only)

    For the sampling of the background concentrations.

    BG Sample bag (optional; Figure 8 CO and CO2 only)

    For the sampling of the sample concentrations.

    F1 Heated pre-filter (optional)

    The temperature shall be the same as HSL1.

    F2 Heated filter

    The filter shall extract any solid particles from the gas sample prior to the analyser. The temperature shall be the same as HSL1. The filter shall be changed as needed.

    P Heated sampling pump

    The pump shall be heated to the temperature of HSL1.

    HC

    Heated flame ionisation detector (HFID) for the determination of the hydrocarbons. The temperature shall be kept at 453 K to 473 K (180 °C to 200 °C).

    CO, CO2

    NDIR analysers for the determination of carbon monoxide and carbon dioxide (optional for the determination of the dilution ratio for PT measurement).

    NO

    CLD or HCLD analyser for the determination of the oxides of nitrogen. If a HCLD is used it shall be kept at a temperature of 328 K to 473 K (55 °C to 200 °C).

    C Converter

    A converter shall be used for the catalytic reduction of NO2 to NO prior to analysis in the CLD or HCLD.

    B Cooling bath (optional)

    To cool and condense water from the exhaust sample. The bath shall be maintained at a temperature of 273 K to 277 K (0 °C to 4 °C) by ice or refrigeration. It is optional if the analyser is free from water vapour interference as determined in Annex III, Appendix 5, sections 1.9.1 and 1.9.2. If water is removed by condensation, the sample gas temperature or dew point shall be monitored either within the water trap or downstream. The sample gas temperature or dew point must not exceed 280 K (7 °C). Chemical dryers are not allowed for removing water from the sample.

    T1, T2, T3 Temperature sensor

    To monitor the temperature of the gas stream.

    T4 Temperature sensor

    To monitor the temperature of the NO2-NO converter.

    T5 Temperature sensor

    To monitor the temperature of the cooling bath.

    G1, G2, G3 Pressure gauge

    To measure the pressure in the sampling lines.

    R1, R2 Pressure regulator

    To control the pressure of the air and the fuel, respectively, for the HFID.

    R3, R4, R5 Pressure regulator

    To control the pressure in the sampling lines and the flow to the analysers.

    FL1, FL2, FL3 Flowmeter

    To monitor the sample by-pass flow rate.

    FL4 to FL6 Flowmeter (optional)

    To monitor the flow rate through the analysers.

    V1 to V5 Selector valve

    Suitable valving for selecting sample, span gas or zero gas flow to the analysers.

    V6, V7 Solenoid valve

    To by-pass the NO2-NO converter.

    V8 Needle valve

    To balance the flow through the NO2-NO converter C and the by-pass.

    V9, V10 Needle valve

    To regulate the flows to the analysers.

    V11, V12 Toggle valve (optional)

    To drain the condensate from the bath B.

    1.3.   NMHC Analysis (NG Fuelled Gas Engines Only)

    1.3.1.   Gas Chromatographic Method (GC, Figure 9)

    When using the GC method, a small measured volume of a sample is injected onto an analytical column through which it is swept by an inert carrier gas. The column separates various components according to their boiling points so that they elute from the column at different times. They then pass through a detector which gives an electrical signal that depends on their concentration. Since it is not a continuous analysis technique, it can only be used in conjunction with the bag sampling method as described in Annex III, Appendix 4, section 3.4.2.

    For NMHC an automated GC with a FID shall be used. The exhaust gas shall be sampled into a sampling bag from which a part shall be taken and injected into the GC. The sample is separated into two parts (CH4/Air/CO and NMHC/CO2/H2O) on the Porapak column. The molecular sieve column separates CH4 from the air and CO before passing it to the FID where its concentration is measured. A complete cycle from injection of one sample to injection of a second can be made in 30 s. To determine NMHC, the CH4 concentration shall be subtracted from the total HC concentration (see Annex III, Appendix 2, section 4.3.1).

    Figure 9 shows a typical GC assembled to routinely determine CH4. Other GC methods can also be used based on good engineering judgement.

    Figure 9

    Flow diagram for methane analysis (GC method)

    Image

    Components of Figure 9

    PC Porapak column

    Porapak N, 180/300 μm (50/80 mesh), 610 mm length × 2,16 mm ID shall be used and conditioned at least 12 h at 423 K (150 °C) with carrier gas prior to initial use.

    MSC Molecular sieve column

    Type 13X, 250/350 μm (45/60 mesh), 1 220 mm length × 2,16 mm ID shall be used and conditioned at least 12 h at 423 K (150 °C) with carrier gas prior to initial use.

    OV Oven

    To maintain columns and valves at stable temperature for analyser operation, and to condition the columns at 423 K (150 °C).

    SLP Sample loop

    A sufficient length of stainless steel tubing to obtain approximately 1 cm3 volume.

    P Pump

    To bring the sample to the gas chromatograph.

    D Dryer

    A dryer containing a molecular sieve shall be used to remove water and other contaminants which might be present in the carrier gas.

    HC

    Flame ionisation detector (FID) to measure the concentration of methane.

    V1 Sample injection valve

    To inject the sample taken from the sampling bag via SL of Figure 8. It shall be low dead volume, gas tight, and heatable to 423 K (150 °C).

    V3 Selector valve

    To select span gas, sample, or no flow.

    V2, V4, V5, V6, V7, V8 Needle valve

    To set the flows in the system.

    R1, R2, R3 Pressure regulator

    To control the flows of the fuel (= carrier gas), the sample, and the air, respectively.

    FC Flow capillary

    To control the rate of air flow to the FID

    G1, G2, G3 Pressure gauge

    To control the flows of the fuel (= carrier gas), the sample, and the air, respectively.

    F1, F2, F3, F4, F5 Filter

    Sintered metal filters to prevent grit from entering the pump or the instrument.

    FL1

    To measure the sample by-pass flow rate.

    1.3.2.   Non-Methane Cutter Method (NMC, Figure 10)

    The cutter oxidises all hydrocarbons except CH4 to CO2 and H2O, so that by passing the sample through the NMC only CH4 is detected by the FID. If bag sampling is used, a flow diverter system shall be installed at SL (see section 1.2, Figure 8) with which the flow can be alternatively passed through or around the cutter according to the upper part of Figure 10. For NMHC measurement, both values (HC and CH4) shall be observed on the FID and recorded. If the integration method is used, an NMC in line with a second FID shall be installed parallel to the regular FID into HSL1 (see section 1.2, Figure 8) according to the lower part of Figure 10. For NMHC measurement, the values of the two FID's (HC and CH4) shall be observed and recorded.

    The cutter shall be characterised at or above 600 K (327 °C) prior to test work with respect to its catalytic effect on CH4 and C2H6 at H2O values representative of exhaust stream conditions. The dewpoint and O2 level of the sampled exhaust stream must be known. The relative response of the FID to CH4 must be recorded (see Annex III, Appendix 5, section 1.8.2).

    Figure 10

    Flow diagram for methane analysis with the non-methane cutter (NMC)

    Image

    Components of Figure 10

    NMC Non-methane cutter

    To oxidise all hydrocarbons except methane.

    HC

    Heated flame ionisation detector (HFID) to measure the HC and CH4 concentrations. The temperature shall be kept at 453 K to 473 K (180 °C to 200 °C).

    V1 Selector valve

    To select sample, zero and span gas. V1 is identical with V2 of Figure 8.

    V2, V3 Solenoid valve

    To by-pass the NMC.

    V4 Needle valve

    To balance the flow through the NMC and the by-pass.

    R1 Pressure regulator

    To control the pressure in the sampling line and the flow to the HFID. R1 is identical with R3 of Figure 8.

    FL1 Flowmeter

    To measure the sample by-pass flow rate. FL1 is identical with FL1 of Figure 8.

    2.   EXHAUST GAS DILUTION AND DETERMINATION OF THE PARTICULATES

    2.1.   Introduction

    Sections 2.2, 2.3 and 2.4 and figures 11 to 22 contain detailed descriptions of the recommended dilution and sampling systems. Since various configurations can produce equivalent results, exact conformance with these figures is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the component systems. Other components which are not needed to maintain the accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgement.

    2.2.   Partial Flow Dilution System

    A dilution system is described in figures 11 to 19 based upon the dilution of a part of the exhaust stream. Splitting of the exhaust stream and the following dilution process may be done by different dilution system types. For subsequent collection of the particulates, the entire dilute exhaust gas or only a portion of the dilute exhaust gas is passed to the particulate sampling system (section 2.4, Figure 21). The first method is referred to as total sampling type, the second method as fractional sampling type.

    The calculation of the dilution ratio depends upon the type of system used. The following types are recommended:

    Isokinetic systems (Figures 11, 12)

    With these systems, the flow into the transfer tube is matched to the bulk exhaust flow in terms of gas velocity and/or pressure, thus requiring an undisturbed and uniform exhaust flow at the sampling probe. This is usually achieved by using a resonator and a straight approach tube upstream of the sampling point. The split ratio is then calculated from easily measurable values like tube diameters. It should be noted that isokinesis is only used for matching the flow conditions and not for matching the size distribution. The latter is typically not necessary, as the particles are sufficiently small as to follow the fluid streamlines.

    Flow controlled systems with concentration measurement (Figures 13 to 17)

    With these systems, a sample is taken from the bulk exhaust stream by adjusting the dilution air flow and the total dilute exhaust flow. The dilution ratio is determined from the concentrations of tracer gases, such as CO2 or NOx naturally occurring in the engine exhaust. The concentrations in the dilute exhaust gas and in the dilution air are measured, whereas the concentration in the raw exhaust gas can be either measured directly or determined from fuel flow and the carbon balance equation, if the fuel composition is known. The systems may be controlled by the calculated dilution ratio (Figures 13, 14) or by the flow into the transfer tube (Figures 12, 13, 14).

    Flow controlled systems with flow measurement (Figures 18, 19)

    With these systems, a sample is taken from the bulk exhaust stream by setting the dilution air flow and the total dilute exhaust flow. The dilution ratio is determined from the difference of the two flows rates. Accurate calibration of the flow meters relative to one another is required, since the relative magnitude of the two flow rates can lead to significant errors at higher dilution ratios (of 15 and above). Flow control is very straight forward by keeping the dilute exhaust flow rate constant and varying the dilution air flow rate, if needed.

    When using partial flow dilution systems, attention must be paid to avoiding the potential problems of loss of particulates in the transfer tube, ensuring that a representative sample is taken from the engine exhaust, and determination of the split ratio. The systems described pay attention to these critical areas.

    Figure 11

    Partial flow dilution system with isokinetic probe and fractional sampling (SB control)

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the transfer tube TT by the isokinetic sampling probe ISP. The differential pressure of the exhaust gas between exhaust pipe and inlet to the probe is measured with the pressure transducer DPT. This signal is transmitted to the flow controller FC1 that controls the suction blower SB to maintain a differential pressure of zero at the tip of the probe. Under these conditions, exhaust gas velocities in EP and ISP are identical, and the flow through ISP and TT is a constant fraction (split) of the exhaust gas flow. The split ratio is determined from the cross sectional areas of EP and ISP. The dilution air flow rate is measured with the flow measurement device FM1. The dilution ratio is calculated from the dilution air flow rate and the split ratio.

    Figure 12

    Partial flow dilution system with isokinetic probe and fractional sampling (PB control)

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the transfer tube TT by the isokinetic sampling probe ISP. The differential pressure of the exhaust gas between exhaust pipe and inlet to the probe is measured with the pressure transducer DPT. This signal is transmitted to the flow controller FC1 that controls the pressure blower PB to maintain a differential pressure of zero at the tip of the probe. This is done by taking a small fraction of the dilution air whose flow rate has already been measured with the flow measurement device FM1, and feeding it to TT by means of a pneumatic orifice. Under these conditions, exhaust gas velocities in EP and ISP are identical, and the flow through ISP and TT is a constant fraction (split) of the exhaust gas flow. The split ratio is determined from the cross sectional areas of EP and ISP. The dilution air is sucked through DT by the suction blower SB, and the flow rate is measured with FM1 at the inlet to DT. The dilution ratio is calculated from the dilution air flow rate and the split ratio.

    Figure 13

    Partial flow dilution system with CO2 or NOx concentration measurement and fractional sampling

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The concentrations of a tracer gas (CO2 or NOx) are measured in the raw and diluted exhaust gas as well as in the dilution air with the exhaust gas analyser(s) EGA. These signals are transmitted to the flow controller FC2 that controls either the pressure blower PB or the suction blower SB to maintain the desired exhaust split and dilution ratio in DT. The dilution ratio is calculated from the tracer gas concentrations in the raw exhaust gas, the diluted exhaust gas, and the dilution air.

    Figure 14

    Partial flow dilution system with CO2 concentration measurement, carbon balance and total sampling

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The CO2 concentrations are measured in the diluted exhaust gas and in the dilution air with the exhaust gas analyser(s) EGA. The CO2 and fuel flow GFUEL signals are transmitted either to the flow controller FC2, or to the flow controller FC3 of the particulate sampling system (see Figure 21). FC2 controls the pressure blower PB, FC3 the sampling pump P (see Figure 21), thereby adjusting the flows into and out of the system so as to maintain the desired exhaust split and dilution ratio in DT. The dilution ratio is calculated from the CO2 concentrations and GFUEL using the carbon balance assumption.

    Figure 15

    Partial flow dilution system with single venturi, concentration measurement and fractional sampling

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT due to the negative pressure created by the venturi VN in DT. The gas flow rate through TT depends on the momentum exchange at the venturi zone, and is therefore affected by the absolute temperature of the gas at the exit of TT. Consequently, the exhaust split for a given tunnel flow rate is not constant, and the dilution ratio at low load is slightly lower than at high load. The tracer gas concentrations (CO2 or NOx) are measured in the raw exhaust gas, the diluted exhaust gas, and the dilution air with the exhaust gas analyser(s) EGA, and the dilution ratio is calculated from the values so measured.

    Figure 16

    Partial flow dilution system with twin venturi or twin orifice, concentration measurement and fractional sampling

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT by a flow divider that contains a set of orifices or venturis. The first one (FD1) is located in EP, the second one (FD2) in TT. Additionally, two pressure control valves (PCV1 and PCV2) are necessary to maintain a constant exhaust split by controlling the backpressure in EP and the pressure in DT. PCV1 is located downstream of SP in EP, PCV2 between the pressure blower PB and DT. The tracer gas concentrations (CO2 or NOx) are measured in the raw exhaust gas, the diluted exhaust gas, and the dilution air with the exhaust gas analyser(s) EGA. They are necessary for checking the exhaust split, and may be used to adjust PCV1 and PCV2 for precise split control. The dilution ratio is calculated from the tracer gas concentrations.

    Figure 17

    Partial flow dilution system with multiple tube splitting, concentration measurement and fractional sampling

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the transfer tube TT by the flow divider FD3 that consists of a number of tubes of the same dimensions (same diameter, length and bend radius) installed in EP. The exhaust gas through one of these tubes is lead to DT, and the exhaust gas through the rest of the tubes is passed through the damping chamber DC. Thus, the exhaust split is determined by the total number of tubes. A constant split control requires a differential pressure of zero between DC and the outlet of TT, which is measured with the differential pressure transducer DPT. A differential pressure of zero is achieved by injecting fresh air into DT at the outlet of TT. The tracer gas concentrations (CO2 or NOx) are measured in the raw exhaust gas, the diluted exhaust gas, and the dilution air with the exhaust gas analyser(s) EGA. They are necessary for checking the exhaust split and may be used to control the injection air flow rate for precise split control. The dilution ratio is calculated from the tracer gas concentrations.

    Figure 18

    Partial flow dilution system with flow control and total sampling

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The total flow through the tunnel is adjusted with the flow controller FC3 and the sampling pump P of the particulate sampling system (see Figure 18). The dilution air flow is controlled by the flow controller FC2, which may use GEXHW, GAIRW, or GFUEL as command signals, for the desired exhaust split. The sample flow into DT is the difference of the total flow and the dilution air flow. The dilution air flow rate is measured with the flow measurement device FM1, the total flow rate with the flow measurement device FM3 of the particulate sampling system (see Figure 21). The dilution ratio is calculated from these two flow rates.

    Figure 19

    Partial flow dilution system with flow control and fractional sampling

    Image

    Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The exhaust split and the flow into DT is controlled by the flow controller FC2 that adjusts the flows (or speeds) of the pressure blower PB and the suction blower SB, accordingly. This is possible since the sample taken with the particulate sampling system is returned into DT. GEXHW, GAIRW, or GFUEL may be used as command signals for FC2. The dilution air flow rate is measured with the flow measurement device FM1, the total flow with the flow measurement device FM2. The dilution ratio is calculated from these two flow rates.

    2.2.1.   Components of Figures 11 to 19

    EP Exhaust pipe

    The exhaust pipe may be insulated. To reduce the thermal inertia of the exhaust pipe a thickness to diameter ratio of 0,015 or less is recommended. The use of flexible sections shall be limited to a length to diameter ratio of 12 or less. Bends shall be minimised to reduce inertial deposition. If the system includes a test bed silencer the silencer may also be insulated.

    For an isokinetic system, the exhaust pipe must be free of elbows, bends and sudden diameter changes for at least 6 pipe diameters upstream and 3 pipe diameters downstream of the tip of the probe. The gas velocity at the sampling zone must be higher than 10 m/s except at idle mode. Pressure oscillations of the exhaust gas must not exceed ± 500 Pa on the average. Any steps to reduce pressure oscillations beyond using a chassis-type exhaust system (including silencer and aftertreatment devices) must not alter engine performance nor cause the deposition of particulates.

    For systems without isokinetic probe, it is recommended to have a straight pipe of 6 pipe diameters upstream and 3 pipe diameters downstream of the tip of the probe.

    SP Sampling probe (Figures 10, 14, 15, 16, 18, 19)

    The minimum inside diameter shall be 4 mm. The minimum diameter ratio between exhaust pipe and probe shall be 4. The probe shall be an open tube facing upstream on the exhaust pipe centreline, or a multiple hole probe as described under SP1 in section 1.2.1, Figure 5.

    ISP Isokinetic sampling probe (Figures 11, 12)

    The isokinetic sampling probe must be installed facing upstream on the exhaust pipe centreline where the flow conditions in section EP are met, and designed to provide a proportional sample of the raw exhaust gas. The minimum inside diameter shall be 12 mm.

    A control system is necessary for isokinetic exhaust splitting by maintaining a differential pressure of zero between EP and ISP. Under these conditions exhaust gas velocities in EP and ISP are identical and the mass flow through ISP is a constant fraction of the exhaust gas flow. ISP has to be connected to a differential pressure transducer DPT. The control to provide a differential pressure of zero between EP and ISP is done with the flow controller FC1.

    FD1, FD2 Flow divider (Figure 16)

    A set of venturis or orifices is installed in the exhaust pipe EP and in the transfer tube TT, respectively, to provide a proportional sample of the raw exhaust gas. A control system consisting of two pressure control valves PCV1 and PCV2 is necessary for proportional splitting by controlling the pressures in EP and DT.

    FD3 Flow divider (Figure 17)

    A set of tubes (multiple tube unit) is installed in the exhaust pipe EP to provide a proportional sample of the raw exhaust gas. One of the tubes feeds exhaust gas to the dilution tunnel DT, whereas the other tubes exit exhaust gas to a damping chamber DC. The tubes must have the same dimensions (same diameter, length, bend radius), so that the exhaust split depends on the total number of tubes. A control system is necessary for proportional splitting by maintaining a differential pressure of zero between the exit of the multiple tube unit into DC and the exit of TT. Under these conditions, exhaust gas velocities in EP and FD3 are proportional, and the flow TT is a constant fraction of the exhaust gas flow. The two points have to be connected to a differential pressure transducer DPT. The control to provide a differential pressure of zero is done with the flow controller FC1.

    EGA Exhaust gas analyser (Figures 13, 14, 15, 16, 17)

    CO2 or NOx analysers may be used (with carbon balance method CO2 only). The analysers shall be calibrated like the analysers for the measurement of the gaseous emissions. One or several analysers may be used to determine the concentration differences. The accuracy of the measuring systems has to be such that the accuracy of GEDFW,i is within ± 4 %.

    TT Transfer tube (Figures 11 to 19)

    The transfer tube shall be:

    as short as possible, but not more than 5 m in length,

    equal to or greater than the probe diameter, but not more than 25 mm in diameter,

    exiting on the centreline of the dilution tunnel and pointing downstream.

    If the tube is 1 meter or less in length, it shall be insulated with material with a maximum thermal conductivity of 0,05 W/m × K with a radial insulation thickness corresponding to the diameter of the probe. If the tube is longer than 1 meter, it must be insulated and heated to a minimum wall temperature of 523 K (250 °C).

    DPT Differential pressure transducer (Figures 11, 12, 17)

    The differential pressure transducer shall have a range of ± 500 Pa or less.

    FC1 Flow controller (Figures 11, 12, 17)

    For isokinetic systems (Figures 11,12), a flow controller is necessary to maintain a differential pressure of zero between EP and ISP. The adjustment can be done by:

    (a)

    controlling the speed or flow of the suction blower SB and keeping the speed or flow of the pressure blower PB constant during each mode (Figure 11);

    or

    (b)

    adjusting the suction blower SB to a constant mass flow of the diluted exhaust gas and controlling the flow of the pressure blower PB, and therefore the exhaust sample flow in a region at the end of the transfer tube TT (Figure 12).

    In the case of a pressure controlled system the remaining error in the control loop must not exceed ± 3 Pa. The pressure oscillations in the dilution tunnel must not exceed ± 250 Pa on the average.

    For a multi tube system (Figure 17), a flow controller is necessary for proportional exhaust splitting to maintain a differential pressure of zero between the exit of the multi tube unit and the exit of TT. The adjustment is done by controlling the injection air flow rate into DT at the exit of TT.

    PCV1, PCV2 Pressure control valve (Figure 16)

    Two pressure control valves are necessary for the twin venturi/twin orifice system for proportional flow splitting by controlling the backpressure of EP and the pressure in DT. The valves shall be located downstream of SP in EP and between PB and DT.

    DC Damping chamber (Figure 17)

    A damping chamber shall be installed at the exit of the multiple tube unit to minimise the pressure oscillations in the exhaust pipe EP.

    VN Venturi (Figure 15)

    A venturi is installed in the dilution tunnel DT to create a negative pressure in the region of the exit of the transfer tube TT. The gas flow rate through TT is determined by the momentum exchange at the venturi zone, and is basically proportional to the flow rate of the pressure blower PB leading to a constant dilution ratio. Since the momentum exchange is affected by the temperature at the exit of TT and the pressure difference between EP and DT, the actual dilution ratio is slightly lower at low load than at high load.

    FC2 Flow controller (Figures 13, 14, 18, 19, optional)

    A flow controller may be used to control the flow of the pressure blower PB and/or the suction blower SB. It may be connected to the exhaust, intake air, or fuel flow signals and/or to the CO2 or NOx differential signals.

    When using a pressurised air supply (Figure 18), FC2 directly controls the air flow.

    FM1 Flow measurement device (Figures 11, 12, 18, 19)

    Gas meter or other flow instrumentation to measure the dilution air flow. FM1 is optional if the pressure blower PB is calibrated to measure the flow.

    FM2 Flow measurement device (Figure 19)

    Gas meter or other flow instrumentation to measure the diluted exhaust gas flow. FM2 is optional if the suction blower SB is calibrated to measure the flow.

    PB Pressures blower (Figures 11, 12, 13, 14, 15, 16, 19)

    To control the dilution air flow rate, PB may be connected to the flow controllers FC1 or FC2. PB is not required when using a butterfly valve. PB may be used to to measure the dilution air flow, if calibrated.

    SB Suction blower (Figures 11, 12, 13, 16, 17, 19)

    For fractional sampling systems only. SB may be used to measure the diluted exhaust gas flow, if calibrated.

    DAF Dilution air filter (Figures 11 to 19)

    It is recommended that the dilution air be filtered and charcoal scrubbed to eliminate background hydrocarbons. At the engine manufacturers request the dilution air shall be sampled according to good engineering practice to determine the background particulate levels, which can then be subtracted from the values measured in the diluted exhaust.

    DT Dilution tunnel (Figures 11 to 19)

    The dilution tunnel:

    shall be of a sufficient length to cause complete mixing of the exhaust and dilution air under turbulent flow conditions;

    shall be constructed of stainless steel with:

    thickness/diamter ratio of 0,025 or less for dilution tunnels with inside diameters greater than 75 mm;

    a nominal thickness of no less then 1,5 mm for dilution tunnels with inside diameters of equal to or less than 75 mm;

    shall be at least 75 mm in diameter for the fractional sampling type;

    is recommended to be at least 25 mm in diameter for the total sampling type;

    may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

    may be insulated.

    The engine exhaust shall be thoroughly mixed with the dilution air. For fractional sampling systems, the mixing quality shall be checked after introduction into service by means of a CO2 -profile of the tunnel with the engine running (at least four equally spaced measuring points). If necessary, a mixing orifice may be used.

    Note: If the ambient temperature in the vicinity of the dilution tunnel (DT) is below 293 K (20 °C), precautions should be taken to avoid particle losses onto the cool walls of the dilution tunnel. Therefore, heating and/or insulating the tunnel within the limits given above is recommended.

    At high engine loads, the tunnel may be cooled by a non-aggressive means such as a circulating fan, as long as the temperature of the cooling medium is not below 293 K (20 °C).

    HE Heat exchanger (Figures 16, 17)

    The heat exchanger shall be of sufficient capacity to maintain the temperature at the inlet to the suction blower SB within ± 11K of the average operating temperature observed during the test.

    2.3   Full flow dilution system

    A dilution system is described in Figure 20 based upon the dilution of the total exhaust using the CVS (Constant Volume Sampling) concept. The total volume of the mixture of exhaust and dilution air must be measured. Either a PDP or a CFV system may be used.

    For subsequent collection of the particulates, a sample of the dilute exhaust gas is passed to the particulate sampling system (section 2.4, figures 21 and 22). If this is done directly, it is referred to as single dilution. If the sample is diluted once more in the secondary dilution tunnel, it is referred to as double dilution. This is useful, if the filter face temperature requirement cannot be met with single dilution. Although partly a dilution system, the double dilution system is described as a modification of a particulate sampling system in section 2.4, Figure 22, since it shares most of the parts with a typical particulate sampling system.

    Figure 20

    Full flow dilution system

    — to background filter

    Image

    The total amount of raw exhaust gas is mixed in the dilution tunnel DT with the dilution air. The diluted exhaust gas flow rate is measured either with a Positive Displacement Pump PDP or with a Critical Flow Venturi CFV. A heat exchanger HE or electronic flow compensation EFC may be used for proportional particulate sampling and for flow determination. Since particulate mass determination is based on the total diluted exhaust gas flow, the dilution ratio is not required to be calculated.

    2.3.1.   Components of Figure 20

    EP Exhaust pipe

    The exhaust pipe length from the exit of the engine exhaust manifold, turbocharger outlet or aftertreatment device to the dilution tunnel shall not exceed 10 m. If the exhaust pipe downstream of the engine exhaust manifold, turbocharger outlet or aftertreatment device exceeds 4 m in length, then all tubing in excess of 4 m shall be insulated, except for an in-line smokemeter, if used. The radial thickness of the insulation must be at least 25 mm. The thermal conductivity of the insulating material must have a value no greater than 0,1 W/(m × K) measured at 673 K. To reduce the thermal inertia of the exhaust pipe a thickness to diameter ratio of 0,015 or less is recommended. The use of flexible sections shall be limited to a length to diameter ratio of 12 or less.

    PDP Positive displacement pump

    The PDP meters total diluted exhaust flow from the number of the pump revolutions and the pump displacement. The exhaust system backpressure must not be artificially lowered by the PDP or dilution air inlet system. Static exhaust backpressure measured with the PDP system operating shall remain within ± 1,5 kPa of the static pressure measured without connection to the PDP at identical engine speed and load. The gas mixture temperature immediately ahead of the PDP shall be within ± 6 K of the average operating temperature observed during the test, when no flow compensation is used. Flow compensation may only be used if the temperature at the inlet to the PDP does not exceed 323 K (50 °C).

    CFV Critical Flow Venturi

    CFV measures total diluted exhaust flow by maintaining the flow at choked conditions (critical flow). Static exhaust backpressure measured with the CFV system operating shall remain within ± 1,5 kPa of the static pressure measured without connection to the CFV at identical engine speed and load. The gas mixture temperature immediately ahead of the CFV shall be within ± 11 K of the average operating temperature observed during the test, when no flow compensation is used.

    HE Heat exchanger (optional, if EFC is used)

    The heat exchanger shall be of sufficient capacity to maintain the temperature within the limits required above..

    EFC Electronic flow compensation (optional, if HE is used)

    If the temperature at the inlet to either the PDP or CFV is not kept within the limits stated above, a flow compensation system is required for continuous measurement of the flow rate and control of the proportional sampling in the particulate system. To that purpose, the continuously measured flow rate signals are used to correct the sample flow rate through the particulate filters of the particulate sampling system (see section 2.4, figures 21, 22), accordingly.

    DT Dilution tunnel

    The dilution tunnel:

    shall be small enough in diameter to cause turbulent flow (Reynolds Number greater than 4 000) and of sufficient length to cause complete mixing of the exhaust and dilution air; a mixing orifice may be used;

    shall be at least 460 mm in diameter with a single dilution system;

    shall be at least 210 mm in diameter with a double dilution system;

    may be insulated.

    The engine exhaust shall be directed downstream at the point where it is introduced into the dilution tunnel, and thoroughly mixed.

    When using single dilution, a sample from the dilution tunnel is transferred to the particulate sampling system (section 2.4, Figure 21). The flow capacity of the PDP or CFV must be sufficient to maintain the diluted exhaust at a temperature of less than or equal to 325 K (52 °C) immediately before the primary particulate filter.

    When using double dilution, a sample from the dilution tunnel is transferred to the secondary dilution tunnel where it is further diluted, and then passed through the sampling filters (section 2.4, Figure 22). The flow capacity of the PDP or CFV must be sufficient to maintain the diluted exhaust stream in the DT at a temperature of less than or equal to 464 K (191 °C) at the sampling zone. The secondary dilution system must provide sufficient secondary dilution air to maintain the doubly-diluted exhaust stream at a temperature of less than or equal to 325 K (52 °C) immediately before the primary particulate filter.

    DAF Dilution air filter

    It is recommended that the dilution air be filtered and charcoal scrubbed to eliminate background hydrocarbons. At the engine manufacturers request the dilution air shall be sampled according to good engineering practice to determine the background particulate levels, which can then be subtracted from the values measured in the diluted exhaust.

    PSP Particulate sampling probe

    The probe is the leading section of PTT and:

    shall be installed facing upstream at a point where the dilution air and exhaust gas are well mixed, i.e. on the dilution tunnel (DT) centreline approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel;

    shall be of 12 mm minimum inside diameter;

    may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

    may be insulated.

    2.4.   Particulate Sampling System

    The particulate sampling system is required for collecting the particulates on the particulate filter. In the case of total sampling partial flow dilution, which consists of passing the entire diluted exhaust sample through the filters, dilution (section 2.2, figures 14, 18) and sampling system usually form an integral unit. In the case of fractional sampling partial flow dilution or full flow dilution, which consists of passing through the filters only a portion of the diluted exhaust, the dilution (section 2.2, figures 11, 12, 13, 15, 16, 17, 19; section 2.3, Figure 20) and sampling systems usually form different units.

    In this Directive, the double dilution system (Figure 22) of a full flow dilution system is considered as a specific modification of a typical particulate sampling system as shown in Figure 21. The double dilution system includes all important parts of the particulate sampling system, like filter holders and sampling pump, and additionally.

    In order to avoid any impact on the control loops, it is recommended that the sample pump be running throughout the complete test procedure. For the single filter method, a bypass system shall be used for passing the sample through the sampling filters at the desired times. Interference of the switching procedure on the control loops must be minimised.

    Figure 21

    Particulate sampling system

    Image

    A sample of the diluted exhaust gas is taken from the dilution tunnel DT of a partial flow or full flow dilution system through the particulate sampling probe PSP and the particulate transfer tube PTT by means of the sampling pump P. The sample is passed through the filter holder(s) FH that contain the particulate sampling filters. The sample flow rate is controlled by the flow controller FC3. If electronic flow compensation EFC (see Figure 20) is used, the diluted exhaust gas flow is used as command signal for FC3.

    Figure 22

    Double dilution system (full flow system only)

    Image

    A sample of the diluted exhaust gas is transferred from the dilution tunnel DT of a full flow dilution system through the particulate sampling probe PSP and the particulate transfer tube PTT to the secondary dilution tunnel SDT, where it is diluted once more. The sample is then passed through the filter holder(s) FH that contain the particulate sampling filters. The dilution air flow rate is usually constant whereas the sample flow rate is controlled by the flow controller FC3. If electronic flow compensation EFC (see Figure 20) is used, the total diluted exhaust gas flow is used as command signal for FC3.

    2.4.1.   Components of figures 21 and 22

    PTT Particulate transfer tube (Figures 21, 22)

    The particulate transfer tube must not exceed 1 020 mm in length, and must be minimised in length whenever possible. Where applicable (i.e. for partial flow dilution fractional sampling systems and for full flow dilution systems), the length of the sampling probes (SP, ISP, PSP, respectively, see sections 2.2 and 2.3) shall be included.

    The dimensions are valid for:

    the partial flow dilution fractional sampling type and the full flow single dilution system from the tip of the probe (SP, ISP, PSP, respectively) to the filter holder;

    the partial flow dilution total sampling type from the end of the dilution tunnel to the filter holder;

    the full flow double dilution system from the tip of the probe (PSP) to the secondary dilution tunnel.

    The transfer tube:

    may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

    may be insulated.

    SDT Secondary dilution tunnel (Figure 22)

    The secondary dilution tunnel should have a minimum diameter of 75 mm, and should be of sufficient length so as to provide a residence time of at least 0,25 seconds for the doubly-diluted sample. The primary filter holder FH shall be located within 300 mm of the exit of the SDT.

    The secondary dilution tunnel:

    may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

    may be insulated.

    FH Filter holder(s) (Figures 21, 22)

    For primary and back-up filters one filter housing or separate filter housings may be used. The requirements of Annex III, Appendix 4, section 4.1.3 shall be met.

    The filter holder(s):

    may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

    may be insulated.

    P Sampling pump (Figures 21, 22)

    The particulate sampling pump shall be located sufficiently distant from the tunnel so that the inlet gas temperature is maintained constant (± 3 K), if flow correction by FC3 is not used.

    DP Dilution air pump (Figure 22)

    The dilution air pump shall be located so that the secondary dilution air is supplied at a temperature of 298 K ± 5 K (25 °C ± 5 °C), if the dilution air is not preheated.

    FC3 Flow controller (Figures 21, 22)

    A flow controller shall be used to compensate the particulate sample flow rate for temperature and backpressure variations in the sample path, if no other means are available. The flow controller is required if electronic flow compensation EFC (see Figure 20) is used.

    FM3 Flow measurement device (Figures 21, 22)

    The gas meter or flow instrumentation for the particulate sample flow shall be located sufficiently distant from the sampling pump P so that the inlet gas temperature remains constant (± 3 K), if flow correction by FC3 is not used.

    FM4 Flow measurement device (Figure 22)

    The gas meter or flow instrumentation for the dilution air flow shall be located so that the inlet gas temperature remains at 298 K ± 5 K (25 °C ± 5 °C).

    BV Ball valve (optional)

    The ball valve shall have an inside diameter not less than the inside diameter of the particulate transfer tube PTT, and a switching time of less than 0,5 seconds.

    Note: If the ambient temperature in the vicinity of PSP, PTT, SDT, and FH is below 293K (20 °C), precautions should be taken to avoid particle losses onto the cool wall of these parts. Therefore, heating and/or insulating these parts within the limits given in the respective descriptions is recommended. It is also recommended that the filter face temperature during sampling be not below 293K (20 °C).

    At high engine loads, the above parts may be cooled by a non-aggressive means such as a circulating fan, as long as the temperature of the cooling medium is not below 293K (20 °C).

    3.   DETERMINATION OF SMOKE

    3.1.   Introduction

    Sections 3.2 and 3.3 and figures 23 and 24 contain detailed descriptions of the recommended opacimeter systems. Since various configurations can produce equivalent results, exact conformance with figures 23 and 24 is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the component systems. Other components which are not needed to maintain the accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgement.

    The principle of measurement is that light is transmitted through a specific length of the smoke to be measured and that proportion of the incident light which reaches a receiver is used to assess the light obscuration properties of the medium. The smoke measurement depends upon the design of the apparatus, and may be done in the exhaust pipe (full flow in-line opacimeter), at the end of the exhaust pipe (full flow end-of-line opacimeter) or by taking a sample from the exhaust pipe (partial flow opacimeter). For the determination of the light absorption coefficient from the opacity signal, the optical path length of the instrument shall be supplied by the instrument manufacturer.

    3.2.   Full Flow Opacimeter

    Two general types of full flow opacimeters may be used (Figure 23). With the in-line opacimeter, the opacity of the full exhaust plume within the exhaust pipe is measured. With this type of opacimeter, the effective optical path length is a function of the opacimeter design.

    With the end-of-line opacimeter, the opacity of the full exhaust plume is measured as it exits the exhaust pipe. With this type of opacimeter, the effective optical path length is a function of the exhaust pipe design and the distance between the end of the exhaust pipe and the opacimeter.

    Figure 23

    Full flow opacimeter

    Image

    3.2.1.   Components of Figure 23

    EP Exhaust Pipe

    With an in-line opacimeter, there shall be no change in the exhaust pipe diameter within 3 exhaust pipe diameters before or after the measuring zone. If the diameter of the measuring zone is greater than the diameter of the exhaust pipe, a pipe gradually convergent before the measuring zone is recommended.

    With an end-of-line opacimeter, the terminal 0,6 m of the exhaust pipe shall be of circular cross section and be free from elbows and bends. The end of the exhaust pipe shall be cut off squarely. The opacimeter shall be mounted centrally to the plume within 25 ± 5 mm of the end of the exhaust pipe.

    OPL Optical Path Length

    The length of the smoke obscured optical path between the opacimeter light source and the receiver, corrected as necessary for non-uniformity due to density gradients and fringe effect. The optical path length shall be submitted by the instrument manufacturer taking into account any measures against sooting (e.g. purge air). If the optical path length is not available, it shall be determined in accordance with ISO IDS 11614, section 11.6.5. For the correct determination of the optical path length, a minimum exhaust gas velocity of 20 m/s is required.

    LS Light source

    The light source shall be an incandescent lamp with a colour temperature in the range of 2 800 to 3 250 K or a green light emitting diode (LED) with a spectral peak between 550 and 570 nm. The light source shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

    LD Light detector

    The detector shall be a photocell or a photodiode (with a filter, if necessary). In the case of an incandescent light source, the receiver shall have a peak spectral response similar to the phototopic curve of the human eye (maximum response) in the range of 550 to 570 nm, to less than 4 % of that maximum response below 430 nm and above 680 nm. The light detector shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

    CL Collimating lens

    The light output shall be collimated to a beam with a maximum diameter of 30 mm. The rays of the light beam shall be parallel within a tolerance of 3° of the optical axis.

    T1 Temperature sensor (optional)

    The exhaust gas temperature may be monitored over the test.

    3.3.   Partial Flow Opacimeter

    With the partial flow opacimeter (Figure 24), a representative exhaust sample is taken from the exhaust pipe and passed through a transfer line to the measuring chamber. With this type of opacimeter, the effective optical path length is a function of the opacimeter design. The response times referred to in the following section apply to the minimum flow rate of the opacimeter, as specified by the instrument manufacturer.

    Figure 24

    Partial flow opacimeter

    Image

    3.3.1.   Components of Figure 24

    EP Exhaust Pipe

    The exhaust pipe shall be a straight pipe of at least 6 pipe diameters upstream and 3 pipe diameters downstream of the tip of the probe.

    SP Sampling probe

    The sampling probe shall be an open tube facing upstream on or about the exhaust pipe centreline. The clearance with the wall of the tailpipe shall be at least 5 mm. The probe diameter shall ensure a representative sampling and a sufficient flow through the opacimeter.

    TT Transfer tube

    The transfer tube shall:

    Be as short as possible and ensure an exhaust gas temperature of 373 ± 30 K (100 °C ± 30 °C) at the entrance to the measuring chamber.

    Have a wall temperature sufficiently above the dew point of the exhaust gas to prevent condensation.

    Be equal to the diameter of the sampling probe over the entire length.

    Have a response time of less than 0,05 s at minimum instrument flow, as determined according to Annex III, Appendix 4, section 5.2.4.

    Have no significant effect on the smoke peak.

    FM Flow measurement device

    Flow instrumentation to detect the correct flow into the measuring chamber. The minimum and maximum flow rates shall be specified by the instrument manufacturer, and shall be such that the response time requirement of TT and the optical path length specifications are met. The flow measurement device may be close to the sampling pump, P, if used.

    MC Measuring chamber

    The measuring chamber shall have a non-reflective internal surface, or equivalent optical environment. The impingement of stray light on the detector due to internal reflections of diffusion effects shall be reduced to a minimum.

    The pressure of the gas in the measuring chamber shall not differ from the atmospheric pressure by more than 0,75 kPa. Where this is not possible by design, the opacimeter reading shall be converted to atmospheric pressure.

    The wall temperature of the measuring chamber shall be set to within ± 5 K between 343 K (70 °C) and 373 K (100 °C), but in any case sufficiently above the dew point of the exhaust gas to prevent condensation. The measuring chamber shall be equipped with appropriate devices for measuring the temperature.

    OPL Optical Path Length

    The length of the smoke obscured optical path between the opacimeter light source and the receiver, corrected as necessary for non-uniformity due to density gradients and fringe effect. The optical path length shall be submitted by the instrument manufacturer taking into account any measures against sooting (e.g. purge air). If the optical path length is not available, it shall be determined in accordance with ISO IDS 11614, section 11.6.5.

    LS Light source

    The light source shall be an incandescent lamp with a colour temperature in the range of 2 800 to 3 250 K or a green light emitting diode (LED) with a spectral peak between 550 and 570 nm. The light source shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

    LD Light detector

    The detector shall be a photocell or a photodiode (with a filter, if necessary). In the case of an incandescent light source, the receiver shall have a peak spectral response similar to the phototopic curve of the human eye (maximum response) in the range of 550 to 570 nm, to less than 4 % of that maximum response below 430 nm and above 680 nm. The light detector shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

    CL Collimating lens

    The light output shall be collimated to a beam with a maximum diameter of 30 mm. The rays of the light beam shall be parallel within a tolerance of 3° of the optical axis.

    T1 Temperature sensor

    To monitor the exhaust gas temperature at the entrance to the measuring chamber.

    P Sampling pump (optional)

    A sampling pump downstream of the measuring chamber may be used to transfer the sample gas through the measuring chamber.

    ANNEX VI

    EC TYPE-APPROVAL CERTIFICATE

    Communication concerning the:

    type-approval (1)

    extension of type-approval (1)

    of a type of a vehicle/separate technical unit (engine type/engine family)/component (1) with regard to Directive 88/77/EEC as last amended by Directive 2001/27/EC

    EC type-approval No.: ... Extension-No.: ...

    SECTION I

    0

    General

    0.1

    Make of vehicle/separate technical unit/component (1): ...

    0.2

    Manufacturer's designation of vehicle type/separate technical unit (engine type/engine family)/component (1): ...

    0.3

    Manufacturer's type coding as marked on the vehicle/separate technical unit (engine type/engine family)/ component (1): ...

    0.4

    Category of vehicle: ...

    0.5

    Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1) ...

    0.6

    Name and address of manufacturer's: ...

    0.7

    Name and address of manufacturer's authorised representative (if any): ...

    SECTION II

    1

    Brief description (where appropriate): See Annex I. ...

    2

    Technical department responsible for carrying out the tests: ...

    3

    Date of test report: ...

    4

    Number of test Report: ...

    5

    Ground(s) for extending type approval (where appropriate): ...

    6

    Remarks (if any): See Annex I. ...

    7

    Place: ...

    8

    Date: ...

    9

    Signature: ...

    10

    A list of documents making up the type-approval file lodged with the administrative department that has granted type approval, which may be obtained on request, is attached.


    (1)  Delete as appropriate.

    Appendix

    to EC type-approval certificate No. [...] concerning the type approval of a vehicle/separate technical unit/component (1)

    1

    Brief description

    1.1

    Particulars to be completed in relation to the type-approval of a vehicle with an engine installed:

    1.1.1

    Make of engine (name of undertaking): ...

    1.1.2

    Type and commercial description (mention any variants): ...

    1.1.3

    Manufacturer's code as marked on the engine: ...

    1.1.4

    Category of vehicle (if applicable): ...

    1.1.5

    Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1) ...

    1.1.6

    Name and address of manufacturer: ...

    1.1.7

    Name and address of manufacturer's authorised representative (if any): ...

    1.2

    If the engine referred to in 1.1 has been type-approved as a separate technical unit: ...

    1.2.1

    Type-approval number of the engine/engine family (1): ...

    1.3

    Particulars to be completed in relation to the type-approval of an engine/engine family (1) as a separate technical unit (conditions to be respected in the installation of the engine on a vehicle):

    1.3.1

    Maximum and/or minimum intake depression: ... kPa

    1.3.2

    Maximum allowable back pressure: ... kPa

    1.3.3

    Exhaust system volume: ...cm3

    1.3.4

    Power absorbed by auxiliaries needed for operating the engine: ...

    1.3.4.1

    Idle: ... kW; Low Speed: ... kW; High Speed: ... kW

    Speed A: ... kW; Speed B: ... kW; Speed C: ... kW;

    Reference Speed: ... kW

    1.3.5

    Restrictions of use (if any): ...

    1.4

    Emission levels of the engine/parent engine (1):

    1.4.1

    ESC-test (if applicable):

    CO: ... g/kWh

    THC: ... g/kWh

    NOx: ... g/kWh

    PT: ... g/kWh

    1.4.2

    ELR-test (if applicable):

    Smoke value: ... m-1

    1.4.3

    ETC test (if applicable):

    CO:

    ...g/kWh

    THC:

    ... g/kWh (2)

    NMHC:

    ...g/kWh (2)

    CH4:

    ...g/kWh (2)

    NOx:

    ...g/kWh

    PT:

    ...g/kWh (2)


    (1)  Delete as appropriate.

    (2)  Delete as appropriate.

    ANNEX VII

    EXAMPLE OF CALCULATION PROCEDURE

    1.   ESC TEST

    1.1.   Gaseous emissions

    The measurement data for the calculation of the individual mode results are shown below. In this example, CO and NOx are measured on a dry basis, HC on a wet basis. The HC concentration is given in propane equivalent (C3) and has to be multiplied by 3 to result in the C1 equivalent. The calculation procedure is identical for the other modes.

    P

    Ta

    Ha

    GEXH

    GAIRW

    GFUEL

    HC

    CO

    NOx

    (kW)

    (K)

    (g/kg)

    (kg)

    (kg)

    (kg)

    (ppm)

    (ppm)

    (ppm)

    82,9

    294,8

    7,81

    563,38

    545,29

    18,09

    6,3

    41,2

    495

    Calculation of the dry to wet correction factor KW,r (Annex III, Appendix 1, section 4.2):

    Formula and Formula

    Formula

    Calculation of the wet concentrations:

    CO = 41,2 x 0,9239 = 38,1 ppm

    NOx = 495 x 0,9239 = 457 ppm

    Calculation of the NOx humidity correction factor KH,D (Annex III, Appendix 1, section 4.3):

    A = 0,309 x 18,09/541,06 - 0,0266 = -0,0163

    B = - 0,209 x 18,09/541,06 + 0,00954 = 0,0026

    Formula

    Calculation of the emission mass flow rates (Annex III, Appendix 1, section 4.4):

    NOx = 0,001587 x 457 x 0,9625 x 563,38 = 393,27 g/h

    CO = 0,000966 x 38,1 x 563,38 = 20,735 g/h

    HC = 0,000479 x 6,3 x 3 x 563,38 = 5,100 g/h

    Calculation of the specific emissions (Annex III, Appendix 1, section 4.5):

    The following example calculation is given for CO; the calculation procedure is identical for the other components.

    The emission mass flow rates of the individual modes are multiplied by the respective weighting factors, as indicated in Annex III, Appendix 1, section 2.7.1, and summed up to result in the mean emission mass flow rate over the cycle:

    CO

    = (6,7 x 0,15) + (24,6 x 0,08) + (20,5 x 0,10) + (20,7 x 0,10) + (20,6 x 0,05) + (15,0 x 0,05) + (19,7 x 0,05) + (74,5 x 0,09) + (31,5 x 0,10) + (81,9 x 0,08) + (34,8 x 0,05) + (30,8 x 0,05) + (27,3 x 0,05)

     

    = 30,91 g/h

    The engine power of the individual modes is multiplied by the respective weighting factors, as indicated in Annex III, Appendix 1, section 2.7.1, and summed up to result in the mean cycle power:

    P(n)

    = (0,1 x 0,15) + (96,8 x 0,08) + (55,2 x 0,10) + (82,9 x 0,10) + (46,8 x 0,05) + (70,1 x 0,05) + (23,0 x 0,05) + (114,3 x 0,09) + (27,0 x 0,10) + (122,0 x 0,08) + (28,6 x 0,05) + (87,4 x 0,05) + (57,9 x 0,05)

     

    = 60,006 kW

    Formula

    Calculation of the specific NOx emission of the random point (Annex III, Appendix 1, section 4.6.1):

    Assume the following values have been determined on the random point:

    nZ

    =

    1 600 min-1

    MZ

    =

    495 Nm

    NOx mass.Z

    =

    487,9 g/h (calculated according to the previous formulae)

    P(n)Z

    =

    83 kW

    NOx,Z

    =

    487,9/83 = 5,878 g/kWh

    Determination of the emission value from the test cycle (Annex III, Appendix 1, section 4.6.2):

    Assume the values of the four enveloping modes on the ESC to be as follows:

    nRT

    nSU

    ER

    ES

    ET

    EU

    MR

    MS

    MT

    MU

    1368

    1785

    5,943

    5,565

    5,889

    4,973

    515

    460

    681

    610

    ETU = 5,889 + (4,973 - 5,889) x (1 600 - 1 368) / (1 785 - 1 368) = 5,377 g/kWh

    ERS = 5,943 + (5,565 - 5,943) x (1 600 - 1 368) / (1 785 - 1 368) = 5,732 g/kWh

    MTU = 681 + (601 - 681) x (1 600 - 1 368) / (1 785 - 1 368) = 641,3 Nm

    MRS = 515 + (460 - 515) x (1 600 - 1 368) / (1 785 - 1 368) = 484,3 Nm

    EZ = 5,732 + (5,377 - 5,732) x (495 - 484,3) / (641,3 - 484,3) = 5,708 g/kWh

    Comparison of the NOx emission values (Annex III, Appendix 1, section 4.6.3):

    NOx diff = 100 x (5,878 - 5,708) / 5,708 = 2,98 %

    1.2.   Particulate emissions

    Particulate measurement is based on the principle of sampling the particulates over the complete cycle, but determining the sample and flow rates (MSAM and GEDF) during the individual modes. The calculation of GEDF depends on the system used. In the following examples, a system with CO2 measurement and carbon balance method and a system with flow measurement are used. When using a full flow dilution system, GEDF is directly measured by the CVS equipment.

    Calculation of GEDF (Annex III, Appendix 1, sections 5.2.3 and 5.2.4):

    Assume the following measurement data of mode 4. The calculation procedure is identical for the other modes.

    GEXH

    GFUEL

    GDILW

    GTOTW

    CO2D

    CO2A

    (kg/h)

    (kg/h)

    (kg/h)

    (kg/h)

    (%)

    (%)

    334,02

    10,76

    5,4435

    6,0

    0,657

    0,040

    (a)

    carbon balance method

    Formula

    (b)

    flow measurement method

    Formula

    GEDFW = 334,02 x 10,78 = 360 0,7 kg/h

    Calculation of the mass flow rate (Annex III, Appendix 1, section 5.4):

    The GEDFW flow rates of the individual modes are multiplied by the respective weighting factors, as indicated in Annex III, Appendix 1, section 2.7.1, and summed up to result in the mean GEDF over the cycle. The total sample rate MSAM is summed up from the sample rates of the individual modes.

    Formula

    = (3 567 x 0,15) + (3 592 x 0,08) + (3 611 x 0,10) + (3 600 x 0,10) + (3 618 x 0,05) + (3 600 x 0,05) + (3 640 x 0,05) + (3 614 x 0,09) + (3 620 x 0,10) + (3 601 x 0,08) + (3 639 x 0,05) + (3 582 x 0,05) + (3 635 x 0,05)

     

    = 3 604,6 kg/h

    MSAM

    = 0,226 + 0,122 + 0,151 + 0,152 + 0,076 + 0,076 + 0,076 + 0,136 + 0,151 + 0,121 + 0,076 + 0,076 + 0,075

     

    = 1,515 kg

    Assume the particulate mass on the filters to be 2,5 mg, then

    Formula

    Background correction (optional)

    Assume one background measurement with the following values. The calculation of the dilution factor DF is identical to section 3.1 of this Annex and not shown here.

    Md = 0,1 mg; MDIL = 1,5 kg

    Sum of DF

    = [(1-1/119,15) x 0,15] + [(1-1/8,89) x 0,08] + [(1-1/14,75) x 0,10] + [(1-1/10,10) x 0,10] + [(1-1/18,02) x 0,05] + [(1-1/12,33) x 0,05] + [(1-1/32,18) x 0,05] + [(1-1/6,94) x 0,09] + [(1-1/25,19) x 0,10] + [(1-1/6,12) x 0,08] + [(1-1/20,87) x 0,05] + [(1-1/8,77) x 0,05] + [(1-1/12,59) x 0,05]

     

    = 0,923

    Formula

    Calculation of the specific emission (Annex III, Appendix 1, section 5.5):

    P(n)

    = (0,1 x 0,15) + (96,8 x 0,08) + (55,2 x 0,10) + (82,9 x 0,10) + (46,8 x 0,05) + (70,1 x 0,05) + (23,0 x 0,05) + (114,3 x 0,09) + (27,0 x 0,10) + (122,0 x 0,08) + (28,6 x 0,05) + (87,4 x 0,05) + (57,9 x 0,05)

     

    = 60,006 kW

    Formula

    (PT) = (5,726/60,006) = 0,095 g/kWh, if background corrected

    Calculation of the specific weighting factor (Annex III, Appendix 1, section 5.6):

    Assume the values calculated for mode 4 above, then

    WFE,i = (0,152 x 360 4,6/1,515 x 360 0,7) = 0,1004

    This value is within the required value of 0,10 ± 0,003.

    2.   ELR TEST

    Since Bessel filtering is a completely new averaging procedure in European exhaust legislation, an explanation of the Bessel filter, an example of the design of a Bessel algorithm, and an example of the calculation of the final smoke value is given below. The constants of the Bessel algorithm only depend on the design of the opacimeter and the sampling rate of the data acquisition system. It is recommended that the opacimeter manufacturer provide the final Bessel filter constants for different sampling rates and that the customer use these constants for designing the Bessel algorithm and for calculating the smoke values.

    2.1.   General Remarks on the Bessel Filter

    Due to high frequency distortions, the raw opacity signal usually shows a highly scattered trace. To remove these high frequency distortions a Bessel filter is required for the ELR-Test. The Bessel filter itself is a recursive, second-order low-pass filter which guarantees the fastest signal rise without overshoot.

    Assuming a real time raw exhaust plume in the exhaust tube, each opacimeter shows a delayed and differently measured opacity trace. The delay and the magnitude of the measured opacity trace is primarily dependent on the geometry of the measuring chamber of the opacimeter, including the exhaust sample lines, and on the time needed for processing the signal in the electronics of the opacimeter. The values that characterise these two effects are called the physical and the electrical response time which represent an individual filter for each type of opacimeter.

    The goal of applying a Bessel filter is to guarantee a uniform overall filter characteristic of the whole opacimeter system, consisting of:

    physical response time of the opacimeter (tp),

    electrical response time of the opacimeter (te),

    filter response time of the applied Bessel filter (tF).

    The resulting overall response time of the system tAver is given by:

    Formula

    and must be equal for all kinds of opacimeters in order to give the same smoke value. Therefore, a Bessel filter has to be created in such a way, that the filter response time (tF) together with the physical (tp) and electrical response time (te) of the individual opacimeter must result in the required overall response time (tAver). Since tp and te are given values for each individual opacimeter, and tAver is defined to be 1,0 s in this Directive, tF can be calculated as follows:

    Formula

    By definition, the filter response time tF is the rise time of a filtered output signal between 10 % and 90 % on a step input signal. Therefore the cut-off frequency of the Bessel filter has to be iterated in such a way, that the response time of the Bessel filter fits into the required rise time.

    Figure a

    Traces of a step input signal and the filtered output signal

    Image

    In Figure a, the traces of a step input signal and Bessel filtered output signal as well as the response time of the Bessel filter (tF) are shown.

    Designing the final Bessel filter algorithm is a multi step process which requires several iteration cycles. The scheme of the iteration procedure is presented below.

    Image

    2.2.   Calculation of the Bessel algorithm

    In this example a Bessel algorithm is designed in several steps according to the above iteration procedure which is based upon Annex III, Appendix 1, section 6.1.

    For the opacimeter and the data acquisition system, the following characteristics are assumed:

    physical response time tp 0,15 s

    electrical response time te 0,05 s

    overall response time tAver 1,00 s (by definition in this Directive)

    sampling rate 150 Hz

    Step 1 Required Bessel filter response time tF :

    Formula

    Step 2 Estimation of cut-off frequency and calculation of Bessel constants E, K for first iteration:

    Formula

    Δt = 1/150 = 0,006667 s

    Formula

    Formula

    K = 2 x 7,07948 E - 5 x (0,618034 x 150,0766442 - 1) - 1 = 0,970783

    This gives the Bessel algorithm:

    Yi = Yi - 1 + 7,07948 E - 5 x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + 0,970783 x (Yi - 1 - Yi - 2)

    where Si represents the values of the step input signal (either ‘0‧ or ‘1‧) and Yi represents the filtered values of the output signal.

    Step 3 Application of Bessel filter on step input:

    The Bessel filter response time tF is defined as the rise time of the filtered output signal between 10 % and 90 % on a step input signal. For determining the times of 10 % (t10) and 90 % (t90) of the output signal, a Bessel filter has to be applied to a step input using the above values of fc, E and K.

    The index numbers, the time and the values of a step input signal and the resulting values of the filtered output signal for the first and the second iteration are shown in Table B. The points adjacent to t10 and t90 are marked in bold numbers.

    In Table B, first iteration, the 10 % value occurs between index number 30 and 31 and the 90 % value occurs between index number 191 and 192. For the calculation of tF,iter the exact t10 and t90 values are determined by linear interpolation between the adjacent measuring points, as follows:

    t10 = tlower + Δt x (0,1 - outlower)/(outupper - outlower)

    t90 = tlower + Δt x (0,9 - outlower)/(outupper - outlower)

    where outupper and outlower, respectively, are the adjacent points of the Bessel filtered output signal, and tlower is the time of the adjacent time point, as indicated in Table B.

    t10 = 0,200000 + 0,006667 x (0,1 - 0,099208)/(0,104794 - 0,099208) = 0,200945 s

    t90 = 0,273333 + 0,006667 x (0,9 - 0,899147)/(0,901168 - 0,899147) = 1,276147 s

    Step 4 Filter response time of first iteration cycle:

    tF,iter = 1,276147 - 0,200945 = 1,075202 s

    Step 5 Deviation between required and obtained filter response time of first iteration cycle:

    Δ = (1,075202 - 0,987421)/0,987421 = 0,081641

    Step 6 Checking the iteration criteria:

    |Δ| ≤ 0,01 is required. Since 0,081641 > 0,01, the iteration criteria is not met and a further iteration cycle has to be started. For this iteration cycle, a new cut-off frequency is calculated from fc and Δ as follows:

    fc,new = 0,318152 x (1 + 0,081641) = 0,344126 Hz

    This new cut-off frequency is used in the second iteration cycle, starting at step 2 again. The iteration has to be repeated until the iteration criteria is met. The resulting values of the first and second iteration are summarised in table A.

    Table A

    Values of the first and second iteration

    Parameter

    1. Iteration

    2. Iteration

    fc

    (Hz)

    0,318152

    0,344126

    E

    (-)

    7,07948 E-5

    8,272777 E-5

    K

    (-)

    0,970783

    0,968410

    t10

    (s)

    0,200945

    0,185523

    t90

    (s)

    1,276147

    1,179562

    tF,iter

    (s)

    1,075202

    0,994039

    Δ

    (-)

    0,081641

    0,006657

    fc,new

    (Hz)

    0,344126

    0,346417

    Step 7 Final Bessel algorithm:

    As soon as the iteration criteria has been met, the final Bessel filter constants and the final Bessel algorithm are calculated according to step 2. In this example, the iteration criteria has been met after the second iteration (Δ = 0,006657 ≤ 0,01). The final algorithm is then used for determining the averaged smoke values (see next section 2.3).

    Yi = Yi - 1 + 8,272777 E - 5 x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + 0,968410 x (Yi - 1 - Yi - 2)

    Table B

    Values of step input signal and Bessel filtered output signal for the first and second iteration cycle

    Index i

    Time

    Step Input Signal Si

    Filtered Output Signal Yi

    [-]

    [s]

    [-]

    [-]

    1. Iteration

    2. Iteration

    - 2

    - 0,013333

    0

    0,000000

    0,000000

    - 1

    - 0,006667

    0

    0,000000

    0,000000

    0

    0,000000

    1

    0,000071

    0,000083

    1

    0,006667

    1

    0,000352

    0,000411

    2

    0,013333

    1

    0,000908

    0,001060

    3

    0,020000

    1

    0,001731

    0,002019

    4

    0,026667

    1

    0,002813

    0,003278

    5

    0,033333

    1

    0,004145

    0,004828

    ~

    ~

    ~

    ~

    ~

    24

    0,160000

    1

    0,067877

    0,077876

    25

    0,166667

    1

    0,072816

    0,083476

    26

    0,173333

    1

    0,077874

    0,089205

    27

    0,180000

    1

    0,083047

    0,095056

    28

    0,186667

    1

    0,088331

    0,101024

    29

    0,193333

    1

    0,093719

    0,107102

    30

    0,200000

    1

    0,099208

    0,113286

    31

    0,206667

    1

    0,104794

    0,119570

    32

    0,213333

    1

    0,110471

    0,125949

    33

    0,220000

    1

    0,116236

    0,132418

    34

    0,226667

    1

    0,122085

    0,138972

    35

    0,233333

    1

    0,128013

    0,145605

    36

    0,240000

    1

    0,134016

    0,152314

    37

    0,246667

    1

    0,140091

    0,159094

    ~

    ~

    ~

    ~

    ~

    175

    1,166667

    1

    0,862416

    0,895701

    176

    1,173333

    1

    0,864968

    0,897941

    177

    1,180000

    1

    0,867484

    0,900145

    178

    1,186667

    1

    0,869964

    0,902312

    179

    1,193333

    1

    0,872410

    0,904445

    180

    1,200000

    1

    0,874821

    0,906542

    181

    1,206667

    1

    0,877197

    0,908605

    182

    1,213333

    1

    0,879540

    0,910633

    183

    1,220000

    1

    0,881849

    0,912628

    184

    1,226667

    1

    0,884125

    0,914589

    185

    1,233333

    1

    0,886367

    0,916517

    186

    1,240000

    1

    0,888577

    0,918412

    187

    1,246667

    1

    0,890755

    0,920276

    188

    1,253333

    1

    0,892900

    0,922107

    189

    1,260000

    1

    0,895014

    0,923907

    190

    1,266667

    1

    0,897096

    0,925676

    191

    1,273333

    1

    0,899147

    0,927414

    192

    1,280000

    1

    0,901168

    0,929121

    193

    1,286667

    1

    0,903158

    0,930799

    194

    1,293333

    1

    0,905117

    0,932448

    195

    1,300000

    1

    0,907047

    0,934067

    ~

    ~

    ~

    ~

    ~

    2.3.   Calculation of the smoke values

    In the scheme below the general procedure of determining the final smoke value is presented.

    Image

    In figure b, the traces of the measured raw opacity signal, and of the unfiltered and filtered light absorption coefficients (k-value) of the first load step of an ELR-Test are shown, and the maximum value Ymax1,A (peak) of the filtered k trace is indicated. Correspondingly, table C contains the numerical values of index i, time (sampling rate of 150 Hz), raw opacity, unfiltered k and filtered k. Filtering was conducted using the constants of the Bessel algorithm designed in section 2.2 of this Annex. Due to the large amount of data, only those sections of the smoke trace around the beginning and the peak are tabled.

    Figure b

    Traces of measured opacity N, of unfiltered smoke k and of filtered smoke k

    Image

    The peak value (i = 272) is calculated assuming the following data of table C. All other individual smoke values are calculated in the same way. For starting the algorithm, S-1, S-2, Y-1 and Y-2 are set to zero.

    LA (m)

    0,430

    Index i

    272

    N ( %)

    16,783

    S271 (m-1)

    0,427392

    S270 (m-1)

    0,427532

    Y271 (m-1)

    0,542383

    Y270 (m-1)

    0,542337

    Calculation of the k-value (Annex III, Appendix 1, section 6.3.1):

    k = - (1/0,430) x ln (1 - (16,783/100)) = 0,427252 m- 1

    This value corresponds to S272 in the following equation.

    Calculation of Bessel averaged smoke (Annex III, Appendix 1, section 6.3.2):

    In the following equation, the Bessel constants of the previous section 2.2 are used. The actual unfiltered k-value, as calculated above, corresponds to S272 (Si). S271 (Si-1) and S270 (Si-2) are the two preceding unfiltered k-values, Y271 (Yi-1) and Y270 (Yi-2) are the two preceding filtered k-values.

    Y272

    = 0,542383 + 8,272777 E - 5 x (0,427252 + 2 x 0,427392 + 0,427532 - 4 x 0,542337) + 0,968410 x (0,542383 - 0,542337)

     

    = 0,542389 m-1

    This value corresponds to Ymax1,A in the following equation.

    Calculation of the final smoke value (Annex III, Appendix 1, section 6.3.3):

    From each smoke trace, the maximum filtered k-value is taken for the further calculation. Assume the following values

    Speed

    Ymax (m-1)

    Cycle 1

    Cycle 2

    Cycle 3

    A

    0,5424

    0,5435

    0,5587

    B

    0,5596

    0,5400

    0,5389

    C

    0,4912

    0,5207

    0,5177

    RWA = (0,5424 + 0,5435 + 0,5587) / 3 = 0,5482 m- 1

    RWB = (0,5596 + 0,5400 + 0,5389) / 3 = 0,5462 m- 1

    RWC = (0,4912 + 0,5207 + 0,5177) / 3 = 0,5099 m- 1

    RW = (0,43 x 0,5482) + (0,56 x 0,5462) + (0,01 x 0,5099) = 0,5467 m- 1

    Cycle validation (Annex III, Appendix 1, section 3.4)

    Before calculating SV, the cycle must be validated by calculating the relative standard deviations of the smoke of the three cycles for each speed.

    Speed

    Mean SV

    (m-1)

    absolute standard deviation

    (m-1)

    relative standard deviation

    (%)

    A

    0,5482

    0,0091

    1,7

    B

    0,5462

    0,0116

    2,1

    C

    0,5099

    0,0162

    3,2

    In this example, the validation criteria of 15 % are met for each speed.

    Table C

    Values of opacity N, unfiltered and filtered k-value at beginning of load step

    Index i

    Time

    Opacity N

    unfiltered k-value

    filtered k-value

    [-]

    [s]

    [%]

    [m-1]

    [m-1]

    -2

    0,000000

    0,000000

    0,000000

    0,000000

    -1

    0,000000

    0,000000

    0,000000

    0,000000

    0

    0,000000

    0,000000

    0,000000

    0,000000

    1

    0,006667

    0,020000

    0,000465

    0,000000

    2

    0,013333

    0,020000

    0,000465

    0,000000

    3

    0,020000

    0,020000

    0,000465

    0,000000

    4

    0,026667

    0,020000

    0,000465

    0,000001

    5

    0,033333

    0,020000

    0,000465

    0,000002

    6

    0,040000

    0,020000

    0,000465

    0,000002

    7

    0,046667

    0,020000

    0,000465

    0,000003

    8

    0,053333

    0,020000

    0,000465

    0,000004

    9

    0,060000

    0,020000

    0,000465

    0,000005

    10

    0,066667

    0,020000

    0,000465

    0,000006

    11

    0,073333

    0,020000

    0,000465

    0,000008

    12

    0,080000

    0,020000

    0,000465

    0,000009

    13

    0,086667

    0,020000

    0,000465

    0,000011

    14

    0,093333

    0,020000

    0,000465

    0,000012

    15

    0,100000

    0,192000

    0,004469

    0,000014

    16

    0,106667

    0,212000

    0,004935

    0,000018

    17

    0,113333

    0,212000

    0,004935

    0,000022

    18

    0,120000

    0,212000

    0,004935

    0,000028

    19

    0,126667

    0,343000

    0,007990

    0,000036

    20

    0,133333

    0,566000

    0,013200

    0,000047

    21

    0,140000

    0,889000

    0,020767

    0,000061

    22

    0,146667

    0,929000

    0,021706

    0,000082

    23

    0,153333

    0,929000

    0,021706

    0,000109

    24

    0,160000

    1,263000

    0,029559

    0,000143

    25

    0,166667

    1,455000

    0,034086

    0,000185

    26

    0,173333

    1,697000

    0,039804

    0,000237

    27

    0,180000

    2,030000

    0,047695

    0,000301

    28

    0,186667

    2,081000

    0,048906

    0,000378

    29

    0,193333

    2,081000

    0,048906

    0,000469

    30

    0,200000

    2,424000

    0,057067

    0,000573

    31

    0,206667

    2,475000

    0,058282

    0,000693

    32

    0,213333

    2,475000

    0,058282

    0,000827

    33

    0,220000

    2,808000

    0,066237

    0,000977

    34

    0,226667

    3,010000

    0,071075

    0,001144

    35

    0,233333

    3,253000

    0,076909

    0,001328

    36

    0,240000

    3,606000

    0,085410

    0,001533

    37

    0,246667

    3,960000

    0,093966

    0,001758

    38

    0,253333

    4,455000

    0,105983

    0,002007

    39

    0,260000

    4,818000

    0,114836

    0,002283

    40

    0,266667

    5,020000

    0,119776

    0,002587

    ~

    ~

    ~

    ~

    ~


    Values of opacity N, unfiltered and filtered k-value around Ymax1,A (= peak value, indicated in bold number)

    Index i

    Time

    Opacity N

    unfiltered k-value

    filtered k-value

    [-]

    [s]

    [%]

    [m-1]

    [m-1]

    ~

    ~

    ~

    ~

    ~

    259

    1,726667

    17,182000

    0,438429

    0,538856

    260

    1,733333

    16,949000

    0,431896

    0,539423

    261

    1,740000

    16,788000

    0,427392

    0,539936

    262

    1,746667

    16,798000

    0,427671

    0,540396

    263

    1,753333

    16,788000

    0,427392

    0,540805

    264

    1,760000

    16,798000

    0,427671

    0,541163

    265

    1,766667

    16,798000

    0,427671

    0,541473

    266

    1,773333

    16,788000

    0,427392

    0,541735

    267

    1,780000

    16,788000

    0,427392

    0,541951

    268

    1,786667

    16,798000

    0,427671

    0,542123

    269

    1,793333

    16,798000

    0,427671

    0,542251

    270

    1,800000

    16,793000

    0,427532

    0,542337

    271

    1,806667

    16,788000

    0,427392

    0,542383

    272

    1,813333

    16,783000

    0,427252

    0,542389

    273

    1,820000

    16,780000

    0,427168

    0,542357

    274

    1,826667

    16,798000

    0,427671

    0,542288

    275

    1,833333

    16,778000

    0,427112

    0,542183

    276

    1,840000

    16,808000

    0,427951

    0,542043

    277

    1,846667

    16,768000

    0,426833

    0,541870

    278

    1,853333

    16,010000

    0,405750

    0,541662

    279

    1,860000

    16,010000

    0,405750

    0,541418

    280

    1,866667

    16,000000

    0,405473

    0,541136

    281

    1,873333

    16,010000

    0,405750

    0,540819

    282

    1,880000

    16,000000

    0,405473

    0,540466

    283

    1,886667

    16,010000

    0,405750

    0,540080

    284

    1,893333

    16,394000

    0,416406

    0,539663

    285

    1,900000

    16,394000

    0,416406

    0,539216

    286

    1,906667

    16,404000

    0,416685

    0,538744

    287

    1,913333

    16,394000

    0,416406

    0,538245

    288

    1,920000

    16,394000

    0,416406

    0,537722

    289

    1,926667

    16,384000

    0,416128

    0,537175

    290

    1,933333

    16,010000

    0,405750

    0,536604

    291

    1,940000

    16,010000

    0,405750

    0,536009

    292

    1,946667

    16,000000

    0,405473

    0,535389

    293

    1,953333

    16,010000

    0,405750

    0,534745

    294

    1,960000

    16,212000

    0,411349

    0,534079

    295

    1,966667

    16,394000

    0,416406

    0,533394

    296

    1,973333

    16,394000

    0,416406

    0,532691

    297

    1,980000

    16,192000

    0,410794

    0,531971

    298

    1,986667

    16,000000

    0,405473

    0,531233

    299

    1,993333

    16,000000

    0,405473

    0,530477

    300

    2,000000

    16,000000

    0,405473

    0,529704

    ~

    ~

    ~

    ~

    ~

    3.   ETC TEST

    3.1.   Gaseous emissions (Diesel Engine)

    Assume the following test results for a PDP-CVS system

    V0 (m3/rev)

    0,1776

    Np (rev)

    23073

    pB (kPa)

    98,0

    p1 (kPa)

    2,3

    T (K)

    322,5

    Ha (g/kg)

    12,8

    NOx conce (ppm)

    53,7

    NOx concd (ppm)

    0,4

    COconce (ppm)

    38,9

    COconcd (ppm)

    1,0

    HCconce (ppm)

    9,00

    HCconcd (ppm)

    3,02

    CO2,conce ( %)

    0,723

    Wact (kWh)

    62,72

    Calculation of the diluted exhaust gas flow (Annex III, Appendix 2, section 4.1):

    MTOTW

    = 1,293 x 0,1776 x 23 073 x (98,0 - 2,3) x 273 / (101,3 x 322,5)

     

    = 423 7,2 kg

    Calculation of the NOx correction factor (Annex III, Appendix 2, section 4.2):

    Formula

    Calculation of the background corrected concentrations (Annex III, Appendix 2, section 4.3.1.1):

    Assuming a diesel fuel of the composition C1H1,8

    Formula

    Formula

    NOx conc = 53,7 - 0,4 x (1 - (1/18,69)) = 53,3 ppm

    COconc = 38,9 - 1,0 x (1 - (1/18,69)) = 37,9 ppm

    HCconc = 9,00 - 3,02 x (1 - (1/18,69)) = 6,14 ppm

    Calculation of the emissions mass flow (Annex III, Appendix 2, section 4.3.1):

    NOx mass = 0,001587 x 53,3 x 1,039 x 423 7,2 = 372,391 g

    COmass = 0,000966 x 37,9 x 423 7,2 = 155,129 g

    HCmass = 0,000479 x 6,14 x 423 7,2 = 12,462 g

    Calculation of the specific emissions (Annex III, Appendix 2, section 4.4):

    Formula

    Formula

    Formula

    3.2.   Particulate emissions (Diesel Engine)

    Assume the following test results for a PDP-CVS system with double dilution

    MTOTW (kg)

    4237,2

    Mf,p (mg)

    3,030

    Mf,b (mg)

    0,044

    MTOT (kg)

    2,159

    MSEC (kg)

    0,909

    Md (mg)

    0,341

    MDIL (kg)

    1,245

    DF

    18,69

    Wact (kWh)

    62,72

    Calculation of the mass emission (Annex III, Appendix 2, section 5.1):

    Mf = 3,030 + 0,044 = 3,074 mg

    MSAM = 2,159 - 0,909 = 1,250 kg

    Formula

    Calculation of the background corrected mass emission (Annex III, Appendix 2, section 5.1):

    Formula

    Calculation of the specific emission (Annex III, Appendix 2, section 5.2):

    Formula

    Formula, if background corrected

    3.3.   Gaseous Emissions (CNG Engine)

    Assume the following test results for a PDP-CVS system with double dilution

    MTOTW (kg)

    4237,2

    Ha (g/kg)

    12,8

    NOx conce (ppm)

    17,2

    NOx concd (ppm)

    0,4

    COconce (ppm)

    44,3

    COconcd (ppm)

    1,0

    HCconce (ppm)

    27,0

    HCconcd (ppm)

    3,02

    CH4 conce (ppm)

    18,0

    CH4 concd (ppm)

    1,7

    CO2,conce ( %)

    0,723

    Wact (kWh)

    62,72

    Calculation of the NOx, correction factor (Annex III, Appendix 2, section 4.2):

    Formula

    Calculation of the NMHC concentration (Annex III, Appendix 2, section 4.3.1):

    (a)

    GC method

    NMHCconce = 27,0 - 18,0 = 9,0 ppm

    (b)

    NMC method

    Assuming a methane efficiency of 0,04 and an ethane efficiency of 0,98 (see Annex III, Appendix 5, section 1.8.4)

    Formula

    Calculation of the background corrected concentrations (Annex III, Appendix 2, section 4.3.1.1):

    Assuming a G20 reference fuel (100 % methane) of the composition C1H4:

    Formula

    Formula

    For NMHC, the background concentration is the difference between HCconcd and CH4concd

    NOx conc = 17,2 - 0,4 x (1 - (1/13,01)) = 16,8 ppm

    COconc = 44,3 - 1,0 x (1 - (1/13,01)) = 43,4 ppm

    NMHCconc = 8,4 - 1,32 x (1 - (1/13,01)) = 7,2 ppm

    CH4 conc = 18,0 - 1,7 x (1 - (1/13,01)) = 16,4 ppm

    Calculation of the emissions mass flow (Annex III, Appendix 2, section 4.3.1):

    NOx mass = 0,001587 x 16,8 x 1,074 x 423 7,2 = 121,330 g

    COmass = 0,000966 x 43,4 x 423 7,2 = 177,642 g

    NMHCmass = 0,000502 x 7,2 x 423 7,2 = 15,315 g

    CH4 mass = 0,000554 x 16,4 x 423 7,2 = 38,498 g

    Calculation of the specific emissions (Annex III, Appendix 2, section 4.4):

    Formula

    Formula

    Formula

    Formula

    4.   λ -SHIFT FACTOR (Sλ)

    4.1.   Calculation of the λ -shift factor (Sλ) (1)

    Formula

    where:

    Sλ:

    λ-shift factor;

    inert %

    = % by volume of inert gases in the fuel (i.e. N2, CO2, He, etc.);

    O2 *

    = % by volume of original oxygen in the fuel;

    N and m

    = refer to average CnHm representing the fuel hydrocarbons, i.e:

    Formula

    Formula

    where:

    CH4

    = % by volume of methane in the fuel;

    C2

    = % by volume of all C2 hydrocarbons (e.g.: C2H6, C2H4, etc.) in the fuel;

    C3

    = % by volume of all C3 hydrocarbons (e.g.: C3H8, C3H6, etc.) in the fuel;

    C4

    = % by volume of all C4 hydrocarbons (e.g.: C4H10, C4H8, etc.) in the fuel;

    C5

    = % by volume of all C5 hydrocarbons (e.g.: C5H12, C5H10, etc.) in the fuel;

    diluent

    = % by volume of dilution gases in the fuel (i.e.: O2 *, N2, CO2, He, etc.).

    4.2.   Examples for the calculation of the λ-shift factor Sλ:

    Example 1: G25: CH4 = 86%, N2 = 14 % (by volume)

    Formula

    Formula

    Formula

    Example 2: GR: CH4 = 87%, C2H6 = 13 % (by vol)

    Formula

    Formula

    Formula

    Example 3: USA: CH4 = 89%, C2H6 = 4,5 %, C3H8 = 2,3 %, C6H14 = 0,2 %, O2 = 0,6 %, N2 = 4%

    Formula

    Formula

    Formula


    (1)  Stoichiometric Air/Fuel ratios of automotive fuels — SAE J1829, June 1987. John B. Heywood, Internal combustion engine fundamentals, McGraw-Hill, 1988, Chapter 3.4 ‘Combustion stoichiometry‧ (pp. 68 to 72).

    ANNEX VIII

    SPECIFIC TECHNICAL REQUIREMENTS RELATING TO ETHANOL-FUELLED DIESEL ENGINES

    In the case of ethanol-fuelled diesel engines, the following specific modifications to the appropriate paragraphs, equations and factors will apply to the test procedures defined in Annex III to this Directive.

    In Annex III, Appendix 1:

    4.2.   Dry/wet correction

    Formula

    4.3.   NOx correction for humidity and temperature

    Formula

    with,

    A

    =

    0,181 GFUEL/GAIRD — 0,0266.

    B

    =

    — 0,123 GFUEL/GAIRD + 0,00954.

    Ta

    =

    temperature of the air, K

    Ha

    =

    humidity of the intake air, g water per kg dry air

    4.4.   Calculation of the emission mass flow rates

    The emission mass flow rates (g/h) for each mode shall be calculated as follows, assuming the exhaust gas density to be 1,272 kg/m3 at 273 K (0 °C) and 101,3 kPa:

    (1) NOx mass = 0,001613 × NOx conc × KH,D × GEXH W

    (2) COx mass = 0,000982 × COconc × GEXH W

    (3) HCmass = 0,000809 × HCconc × KH,D × GEXH W

    where

    NOx conc, COconc, HCconc  (1) are the average concentrations (ppm) in the raw exhaust gas, as determined in section 4.1.

    If, optionally, the gaseous emissions are determined with a full flow dilution system, the following formulae shall be applied:

    (1) NOx mass = 0,001587 × NOx conc × KH,D × GTOT W

    (2) COx mass = 0,000982 × COconc × GEXH W

    (3) HCmass = 0,000809 × HCconc × KH,D × GEXH W

    where

    NOx conc, COconc, HCconc  (1) are the average background corrected concentrations (ppm) of each mode in the diluted exhaust gas, as determined in Annex III, Appendix 2, section 4.3.1.1.

    In Annex III, Appendix 2:

    Sections 3.1, 3.4, 3.8.3 and 5 of Appendix 2 do not apply solely to diesel engines. They also apply to ethanol-fuelled diesel engines.

    4.2.   The conditions for the test should be arranged so that the air temperature and the humidity measured at the engine intake is set to standard conditions during the test run. The standard should be 6 ± 0,5 g water per kg dry air at a temperature interval of 298 ± 3 K. Within these limits no further NOx correction should be made. The test is void if these conditions are not met.

    4.3.   Calculation of the emission mass flow

    4.3.1.   Systems with constant mass flow

    For systems with heat exchanger, the mass of the pollutants (g/test) shall be determined from the following equations:

    (1) NOx mass = 0,001587 × NOx conc × KH,D × MTOT W (ethanol fuelled engines)

    (2) COx mass = 0,000966 × COconc × MTOT W (ethanol fuelled engines)

    (3) HCmass = 0,000794 × HCconc × MTOT W (ethanol fuelled engines)

    where,

    NOx conc, COconc, HCconc  (2), NMHCconc = average background corrected concentrations over the cycle from integration (mandatory for NOx and HC) or bag measurement, ppm;

    MTOTW = total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg.

    4.3.1.1.   Determination of the background corrected concentrations

    The average background concentration of the gaseous pollutants in the dilution air shall be subtracted from measured concentrations to get the net concentrations of the pollutants. The average values of the background concentrations can be determined by the sample bag method or by continuous measurement with integration. The following formula shall be used.

    Formula

    where,

    conc

    = concentration of the respective pollutant in the diluted exhaust gas, corrected by the amount of the respective pollutant contained in the dilution air, ppm;

    conce

    = concentration of the respective pollutant measured in the diluted exhaust gas, ppm;

    concd

    = concentration of the respective pollutant measured in the dilution air, ppm;

    DF

    = dilution factor.

    The dilution factor shall be calculated as follows:

    Formula

    where,

    CO2conce

    =

    concentration of CO2 in the diluted exhaust gas, % vol

    HCconce

    =

    concentration of HC in the diluted exhaust gas, ppm C1

    COconce

    =

    concentration of CO in the diluted exhaust gas, ppm

    FS

    =

    stoichiometric factor

    Concentrations measured on dry basis shall be converted to a wet basis in accordance with Annex III, Appendix 1, section 4.2.

    The stoichiometric factor shall, for the general fuel composition CHαOβNγ, be calculated as follows:

    Formula

    Alternatively, if the fuel composition is not known, the following stoichiometric factors may be used:

    FS (ethanol) = 12,3

    4.3.2.   Systems with flow compensation

    For systems without heat exchanger, the mass of the pollutants (g/test) shall be determined by calculating the instantaneous mass emissions and integrating the instantaneous values over the cycle. Also, the background correction shall be applied directly to the instantaneous concentration value. The following formulae shall be applied:

     

    Formula

     

    Formula

     

    Formula

    where,

    conce

    =

    concentration of the respective pollutant measured in the diluted exhaust gas, ppm;

    concd

    =

    concentration of the respective pollutant measured in the dilution air, ppm;

    MTOTW,i

    =

    instantaneous mass of the diluted exhaust gas (see section 4.1), kg;

    MTOTW

    =

    total mass of diluted exhaust gas over the cycle (see section 4.1), kg;

    DF

    =

    dilution factor as dertermined in section 4.3.1.1.

    4.4.   Calculation of the specific emissions

    The emissions (g/kWh) shall be calculated for all individual components in the following way:

    Formula

    Formula

    Formula

    where,

    Wact

    =

    actual cycle work as determined in section 3.9.2, kWh.


    (1)  Based on C1 equivalent.

    (2)  Based on C1 equivalent.

    ANNEX IX

    TIME-LIMITS FOR THE TRANSPOSITION OF THE REPEALED DIRECTIVES INTO NATIONAL LAWS

    Referred to in Article 10

    Part A

    Repealed Directives

    Directives

    Official Journal

    Directive 88/77/EEC

    L 36, 9.2.1988, p. 33.

    Directive 91/542/EEC

    L 295, 25.10.1991, p. 1.

    Directive 96/1/EC

    L 40, 17.2.1996, p. 1.

    Directive 1999/96/EC

    L 44, 16.2.2000, p. 1.

    Directive 2001/27/EC

    L 107, 18.4.2001, p.10.

    Part B

    Time limits for transposition into national laws

    Directive

    Time-limits for transposition

    Date of application

    Directive 88/77/EEC

    1 July 1988

     

    Directive 91/542/EEC

    1 January 1992

     

    Directive 96/1/EC

    1 July 1996

     

    Directive 1999/96/EC

    1 July 2000

     

    Directive 2001/27/EC

    1 October 2001

    1 October 2001

    ANNEX X

    CORRELATION TABLE

    (Referred to in the second paragraph of Article 10)

    Directive 88/77/EEC

    Directive 91/542/EEC

    Directive 1999/96/EC

    Directive 2001/27/EC

    This Directive

    Article 1

    -

     

    -

    Article 1

    Article 2(1)

    Article 2(1)

    Article 2(1)

    Article 2(1)

    Article 2(4)

    Article 2(2)

    Article 2(2)

    Article 2(2)

    Article 2(2)

    Article 2(1)

    -

    Article 2(3)

    -

    -

    -

    Article 2(3)

    -

    -

    -

    -

    Article 2(4)

    Article 2(4)

    Article 2(3)

    Article 2(3)

    Article 2(2)

    -

    -

    -

    Article 2(4)

    Article 2(3)

    -

    -

    -

    Article 2(5)

    -

    -

    -

    Article 2(4)

    -

    Article 2(5)

    -

    -

    Article 2(5)

    -

    Article 2(6)

    -

    -

    Article 2(6)

    -

    Article 2(7)

    -

    -

    Article 2(7)

    -

    Article 2(8)

    -

    -

    Article 2(8)

    -

    Article 2(9)

    Article 3

    -

    -

    -

    -

    -

    -

    Articles 5 and 6

    -

    Article 3

    -

    -

    Article 4

    -

    Article 4

    -

    Article 3(1)

    Article 3 (1)

    -

    Article 6(1)

    -

    Article 3(1)(a)

    Article 3(1)(a)

    -

    Article 6(2)

    -

    Article3(1)(b)

    Article3(1)(b)

    -

    Article 6(3)

    -

    Article 3(2)

    Article 3(2)

    -

    Article6(4)

    -

    Article 3(3)

    Article 3(3)

    -

    Article 6(5)

    Article 4

    -

    -

    -

    Article 7

    Article 6

    Articles 5 and 6

    Article 7

    -

    Article 8

    Article 5

    Article 4

    Article 8

    Article 3

    Article 9

    -

    -

    -

    -

    Article 10

    -

    -

    Article 9

    Article 4

    Article 11

    Article 7

    Article 7

    Article 10

    Article 5

    Article 12

    Annexes I to VII

    -

    -

    -

    Annexes I to VII

    -

    -

    -

    Annex VIII

    Annex VIII

    -

    -

    -

    -

    Annex IX

    -

    -

    -

    -

    Annex X

    P5_TA(2004)0150

    Criminal acts and penalties in the field of drug trafficking *

    European Parliament legislative resolution on the proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking (15102/2/2003 — C5-0618/2003 — 2001/0114(CNS))

    (Consultation procedure — renewed consultation)

    The European Parliament,

    having regard to the Council draft (15102/2/2003) (1),

    having regard to the Commission proposal to the Council (COM(2001) 259) (2),

    having regard to its position of 25 April 2002 (3),

    having regard to Articles 31(1)(e) and 34(2)(b) of the EU Treaty,

    having been reconsulted by the Council pursuant to Article 39(1) of the EU Treaty, (C5-0618/2003),

    having regard to Rules 106, 67 and 71(3) of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0095/2004),

    1.

    Approves the proposal for a Council framework decision 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;

    4.

    Calls on the Commission to continue its work and to bring forward new proposals for the creation of a common judicial area in criminal matters;

    5.

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

    TEXT PROPOSED BY THE COUNCIL

    AMENDEMENTS BY PARLIAMENT

    Amendment 1

    Article 1a (new)

     

    Article 1a

    Scope

    The aim of this Framework Decision is to tackle serious and/or international illegal drug trafficking.


    (1)  Not yet published in OJ.

    (2)  OJ C 270 E, 25.9.2001, p. 144.

    (3)  OJ C 131 E, 5.6.2003, p. 98.

    P5_TA(2004)0151

    European Agency for the Management of Operational Co-operation at the External Borders *

    European Parliament legislative resolution on the proposal for a Council regulation establishing a European Agency for the Management of Operational Co-operation at the External Borders (COM(2003) 687 — C5-0613/2003 — 2003/0273(CNS))

    (Consultation procedure)

    The European Parliament,

    having regard to the Commission proposal (COM(2003) 687) (1),

    having regard to Article 66 of the EC Treaty,

    having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0613/2003),

    having regard to the Protocol integrating the Schengen acquis into the framework of the European Union,

    having regard to Rule 67 of its Rules of Procedure,

    having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Budgets (A5-0093/2004),

    1.

    Approves the Commission proposal as amended;

    2.

    Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the Financial Perspective without restricting other policies;

    3.

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

    4.

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

    5.

    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;

    6.

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

    7.

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

    TEXT PROSOSED BY THE COMMISSION

    AMENDEMENTS BY PARLIAMENT

    Amendment 1

    Recital 1

    (1) Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which is a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen.

    (1) Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which constitutes a measure designed to prevent trafficking in human beings, a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen.

    Amendment 2

    Recital 6

    (6) The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third country nationals illegally resident in the Member States for officers of the competent national services .

    (6) The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders.

    Amendment 3

    Recital 7a (new)

     

    (7a) In carrying out the above activities the Agency shall act in conformity with the objectives and priorities adopted by the Commission in accordance with Article 12 of Decision 2002/463/EC (2).

    Amendment 4

    Recital 9

    (9) The Agency should also support Member States in circumstances requiring increased technical and operational assistance at the external borders.

    (9) The Agency should also support Member States in exceptional circumstances requiring increased technical and operational assistance at the external borders.

    Amendment 5

    Recital 10

    (10) In most Member States, the operational aspects of return of third-country nationals illegally residing in the Member States fall under the competencies of the authorities responsible for controlling the external borders. As there is a clear added value in performing these tasks at European level, the Agency should, subject to the Community return policy, accordingly co-ordinate and organise return operations of Member States and develop best practices on the acquisition of travel documents and return of third-country nationals from the territories of the Member States.

    deleted

    Amendment 6

    Recital 12

    (12) Building upon the experiences of the External Borders Practitioners' Common Unit and the centres specialised in the different aspects of control and surveillance of land, air, and maritime borders respectively, which have been set up by Member States, the Agency may itself create specialised branches responsible for dealing with land, air, and maritime borders.

    deleted

    Amendment 7

    Recital 16a (new)

     

    (16a) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3) applies to the processing of personal data by the Agency.

    Amendment 8

    Recital 17

    (17) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Agency and appoint the Executive Director .

    (17) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules and establish transparent working procedures for decision making by the Agency.

    Amendment 9

    Recital 18a (new)

     

    (18a) The control of national borders should remain a sovereign Member State responsibility.

    Amendment 10

    Recital 19

    (19) Bearing in mind the constantly changing nature of the challenges to efficient management of the external borders, a possible gradual widening of the scope of action of the Agency should be provided for. Such a wider scope could e. g. encompass tasking the Agency with the carrying out of inspections at the external borders and the facilitation of operational co-operation with relevant third countries and international organisations, taking into account the institutional framework of the European Community. This Regulation should apply to any other area related to the management of the external borders on a basis of a future proposal in accordance with the Treaty establishing the European Community.

    deleted

    Amendment 11

    Recital 20

    (20) Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management, including return of third-country nationals illegally residing in the Member States, constitutes an important step in this direction.

    (20) Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management, constitutes an important step in this direction.

    Amendment 12

    Recital 26

    (26) This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union

    (26) This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union , in particular in Article 19 thereof .

    Amendment 13

    Article 1, paragraph 2

    2. The Agency shall facilitate the application of existing and future Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union.

    2. The Agency shall, within its remit as laid down in Article 2, facilitate the application of Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union.

    Amendment 14

    Article 2, point (ba) (new)

     

    (ba) carry out inspections at the external borders.

    Amendment 15

    Article 2, point (da) (new)

     

    (da)

    study measures to ensure the compatibility of technical equipment.

    Amendment 16

    Article 2, point (f)

    (f)

    co-ordinate operational co-operation between Member States in the field of removal of third-country nationals illegally residing in the Member States.

    deleted

    Amendment 17

    Article 2, point (fa) (new)

     

    (fa)

    study the need for and feasibility of setting up a European Border Guard.

    Amendment 18

    Article 2, point (fb) (new)

     

    (fb)

    develop and coordinate a network of liaison officers for migration-related issues.

    Amendment 19

    Article 3, paragraph 2

    2. The Agency may operate through its specialised branches provided for in Article 13, for the practical organisation of joint operations and pilot projects.

    deleted

    Amendment 20

    Article 3, paragraph 4

    4. The Agency may decide to co-finance the operations and projects referred to in paragraph 1, with grants from its budget in accordance with the financial rules applicable to the Agency.

    deleted

    Amendment 21

    Article 4, paragraph 2

    It shall prepare both general and tailored risk assessments to be submitted to the Council and the Commission.

    It shall prepare both general and tailored risk assessments to be submitted to the European Parliament, the Council and the Commission.

    Amendment 22

    Article 5, paragraph 2

    The Agency shall also offer additional training courses and seminars on subjects related to the control and surveillance of the external borders and return of third country nationals for officers of the competent national services of Member States.

    The Agency shall also offer additional training courses and seminars on subjects related to the control and surveillance of the external borders for officers of the competent national services of Member States.

    Amendment 23

    Article 5, paragraph 2a (new)

     

    The Agency may also hold training seminars at the request of the authorities of the Member States on the European Union's immigration policies and the procedures laid down by the competent institutions.

    Amendment 24

    Article 6

    The Agency shall follow up on the developments in research relevant for the control and surveillance of the external borders and disseminate this information to the Commission and the Member States.

    The Agency shall follow up on the developments in research relevant for the control and surveillance of the external borders and disseminate this information to the European Parliament, the Commission and the Member States.

    Amendment 25

    Article 9

    Article 9

    Return co-operation

    1. The Agency shall subject to the Community return policy co-ordinate or organise joint return operations of Member States. The Agency may use Community financial means available in the field of return.

    2. The Agency shall identify best practices on the acquisition of travel documents and the removal of illegally residing third-country nationals from the territories of the Member States.

    deleted

    Amendment 26

    Article 13

    Article 13

    Specialised branches

    The Agency shall evaluate the need for and decide the setting up of specialised branches in the Member States, subject to their consent.

    The specialised branches of the Agency shall develop best practices with regard to the particular types of external borders for which they are responsible. The Agency shall ensure the coherence and uniformity of such best practices.

    Each specialised branch shall submit a detailed annual report to the Agency on its activities as well as provide any other type of information relevant for the co-ordination of operational co-operation.

    deleted

    Amendment 27

    Article 14, paragraph 3

    3. The Agency's staff shall consist of a limited number of officials and of national experts in the field of control and surveillance of the external borders seconded by the Member States to carry out management duties. The remaining staff shall consist of other employees recruited by the Agency as necessary to carry out its tasks.

    3. The Agency's staff shall consist of a limited number of officials assigned by the Commission and of national experts in the field of control and surveillance of the external borders seconded by the Member States to carry out management duties. The remaining staff shall consist of other employees recruited by the Agency as necessary to carry out its tasks.

    Amendment 28

    Article 17, paragraph 2, point (a)

    (a)

    appoint the Executive Director on a proposal from the Commission in accordance with Article 23;

    deleted

    Amendment 29

    Article 17, paragraph 2, point (c)

    (c)

    before 30 September each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's programme of work for the coming year and forward it to the European Parliament, the Council, the Commission; this programme of work shall be adopted according to the annual Community budgetary procedure and the Community legislative programme in relevant areas of the management of external borders;

    (c)

    before 31 January each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's draft programme of work for the year in question and forward it to the European Parliament, the Council, the Commission; this programme of work shall be finalised in the light of the outcome of the annual Community budgetary procedure; it shall take due account of the Community legislative programme in relevant areas of the management of external borders;

    Amendment 30

    Article 17, paragraph 2, point (ha) (new)

     

    (ha)

    sign memoranda of understanding with the European Police College, the European armaments agency, the European Maritime Safety Agency and other bodies working in the Agency's field of activity on a clear division of responsibilities, so as to avoid duplication of work.

    Amendment 31

    Article 18, paragraph 1

    1. The Management Board shall be composed of twelve members and two representatives of the Commission . The Council shall appoint the members as well as their alternates who will represent them in their absence. The Commission shall appoint its representatives and their alternates. The duration of the terms of office shall be four years. This term of office shall be extendable once.

    1. The Management Board shall be composed of twelve members. The Council and the Commission shall each appoint six members as well as their alternates who will represent them in their absence. The duration of the terms of office shall be four years. This term of office shall be extendable once.

    Amendment 32

    Article 18, paragraph 1a (new)

     

    1a.

    Members of the Management Board shall be appointed on the grounds of their experience in the field of border protection.

    Amendment 33

    Article 19

    1. The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members. The Deputy Chairperson shall ex-officio replace the Chairperson in the event of his/her being prevented from attending to his/her duties .

    The Management Board shall be chaired by one of the Commission representatives .

    2. The term of office of the Chairperson and Deputy Chairperson shall expire when their respective membership of the Management Board ceases. Subject to this provision, the duration of the terms of office of the Chairperson or Deputy Chairperson shall be two years. These terms of office shall be extendable once.

     

    Amendment 34

    Article 22, paragraph 1

    1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. Without prejudice to the respective competencies of the Commission and the Management Board, the Executive Director shall neither seek nor take instructions from any government or from any other body.

    1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. The Executive Director shall neither seek nor take instructions from any government or from any other body.

    Amendment 35

    Article 22, paragraph 2

    2. The European Parliament or the Council may invite the Executive Director of the Agency to report on the carrying out of his/her tasks.

    2. The European Parliament pursuant to Article 23a or the Council shall invite the Executive Director of the Agency to report on the carrying out of his/her tasks.

    Amendment 36

    Article 23, paragraph 1

    1. The Commission shall propose candidates for the post of the Executive Director based on a list following publication of the post in the Official Journal and other press or internet sites as appropriate.

    1. The Commission shall appoint the Executive Director based on a list following publication of the post in the Official Journal and other press or internet sites as appropriate.

    Amendment 37

    Article 23, paragraph 1a (new)

     

    1a.

    The European Parliament may hear the candidates prior to appointment and issue an opinion.

    Amendment 38

    Article 23, paragraph 2

    2. The Executive Director of the Agency shall be appointed by the Management Board on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders. The Management Board shall take its decision by a two-thirds majority of all members with a right to vote.

    2. The Executive Director of the Agency shall be appointed by the Commission on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders.

    Power to dismiss the Executive Director shall be with the Management Board, according to the same procedure .

    Power to dismiss the Executive Director shall be with the Commission .

    Amendment 39

    Article 23, paragraphs 3, 4 and 5

    3. The Executive Director shall be assisted by a Deputy Executive Director. If the Executive Director is absent or indisposed, the Deputy Executive Director shall take his/her place.

     

    4. The Deputy Executive Director shall be appointed by the Management Board on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders on the proposal of the Executive Director. The Management Board shall take its decision by a twothirds majority of all members with a right to vote.

     

    Power to dismiss the Deputy Executive Director shall be with the Management Board, according to the same procedure.

     

    5. The terms of the offices of the Executive Director and the Deputy Executive Director shall be five years. They may be prolonged by the Management Board once for another period of up to five years.

    5. The term of office of the Executive Director shall be five years. This term of office may be prolonged by the Commission once for another period of up to five years.

    Amendment 40

    Article 23a (new)

     

    Article 23a

    Hearing of the Executive Director before the European Parliament

    Each year the Executive Director shall submit and present to the European Parliament the general report on the Agency's activities. The European Parliament may also request at any time a hearing with the Executive Director on any subject related to the Agency's activities.

    Amendment 41

    Article 24a (new)

     

    Article 24a

    Working languages

    The Agency shall determine its internal working languages.

    Amendment 42

    Article 25a (new)

     

    Article 25a

    Protection of personal data

    1. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Agency.

     

    2. Within six months after the entry into force of the Regulation, the Management Board shall lay down the practical arrangements for the application of paragraph 1.

    Amendment 43

    Article 26, paragraph 1, indent 4a (new)

     

    — a contribution from the host Member State.

    Amendment 44

    Article 26, paragraph 3

    3. The Executive Director shall draw up an estimate of the revenues and expenditure of the Agency for the following financial year and shall forward it to the Management Board together with an establishment plan.

    3. The Executive Director shall draw up an estimate of the revenues and expenditure of the Agency for the following financial year and shall forward it to the Management Board together with a provisional establishment plan.

    Amendment 45

    Article 26, paragraph 6

    6. The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority‧) together with the preliminary draft budget of the European Union.

    6. The estimate and the provisional establishment plan shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority‧) together with the preliminary draft budget of the European Union.

    Amendment 46

    Article 26, paragraph 11, subparagraph 2

    Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

    The budgetary authority shall notify the Agency whether it intends to deliver an opinion. It shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project. The Management Board shall defer implementation of the project in question until the opinion has been delivered.

    Amendment 47

    Article 29, paragraph 1

    1. Within three years from the date of the Agency having taken up its responsibilities, and every five years thereafter, the Management Board shall commission an independent external evaluation on the implementation of this Regulation.

    1. Within two years from the date of the Agency having taken up its responsibilities, and every two years thereafter, the Management Board shall commission an independent external evaluation on the implementation of this Regulation, placing particular emphasis on respect for fundamental rights .

    Amendment 48

    Article 29, paragraph 1a (new)

     

    1a.

    The first evaluation shall also contain the findings of the Agency of the need for and feasibility of setting up a European Border Guard.

    Amendment 49

    Article 29, paragraph 2

    2. The evaluation shall examine how effectively the Agency fulfils its mission. It shall also assess the impact of the Agency and its working practices. The evaluation shall take into account the views of stakeholders, at both European and national level.

    2. The evaluation shall examine how effectively the Agency fulfils its mission. It shall also assess the impact of the Agency , its added value and its working practices. The evaluation shall take into account the views of stakeholders, at both European and national level.

    Amendment 50

    Article 29, paragraph 3

    3. The Management Board shall receive the findings of the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which may forward them, together with its own opinion as well as appropriate proposals, to the Council. An action plan with a timetable shall be included, if appropriate. Both the findings and the recommendations of the evaluation shall be made public.

    3. The Management Board shall receive the findings of the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which shall forward them, together with its own opinion as well as appropriate proposals, to the European Parliament and the Council. An action plan with a timetable shall be included, if appropriate. Both the findings and the recommendations of the evaluation shall be made public.

    Amendment 51

    Article 30

    The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for the Agency's operation and with the Commission's prior consent.

    The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for the Agency's operation and with the Commission's prior consent. The budgetary authority shall be duly informed of such departure.

    Amendment 52

    Article 31

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

    This Regulation shall enter into force once a definitive seat for the Agency has been established.

    The Agency shall take up its responsibilities from 1 January 2005.

    The decision on the seat shall be taken following a procedure in which Member States interested in obtaining the seat make an offer as to what they are prepared to contribute to the Agency. They shall outline inter alia whether they are willing to provide a building, what other assistance might be given and the expertise available in the Member State in the fields of activity of the Agency.

    The decision on the seat of the Agency shall be taken by the Council not later than 31 December 2004. The Member State designated to host the Agency shall contribute financially to its setting up.


    (1)  Not yet published in OJ.

    (2)   Council Decision 2002/463/EC of 13 June 2002 adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme) (OJ L 161, 19.6.2002, p. 11).

    (3)   OJ L 8, 12.1.2001, p. 1.

    P5_TA(2004)0152

    Work, the family and private life

    European Parliament resolution on reconciling professional, family and private lives (2003/2129(INI))

    The European Parliament,

    having regard to its resolution of 9 June 1983 on family policy in the European Community (1),

    having regard to the Conclusions of the Council and of the ministers responsible for family affairs of 29 September 1989 regarding family policies (2),

    having regard to the Council Recommendation 92/241/EEC of 31 March 1992 on child care (3),

    having regard to Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (4),

    having regard to its resolution of 14 December 1994 on protection of families and family units at the close of the International Year of the Family (5),

    having regard to Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (6),

    having regard to its resolution of 28 January 1999 on the protection of families and children (7),

    having regard to the resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council of 29 June 2000 on the balanced participation of women and men in family and working life (8),

    having regard to the indicators on combining family and professional life adopted by the European Council in 2000,

    having regard to Article 9 of the Charter of Fundamental Rights of the European Union,

    having regard to the Joint Report by the Commission and the Council of March 2003 on supporting national strategies for the future of health care and care for the elderly,

    having regard to the fact that 2004 has been proclaimed International Year of the Family,

    whereas 2004 marks the tenth anniversary of the proclamation by the UN General Assembly of ‘International Day of Families‧ which has been celebrated every year (on 15 May),

    having regard to Article 136, Article 137(1) and Article 141(3) of the Treaty establishing the European Community,

    having regard to Rule 163 of its Rules of Procedure,

    having regard to the report of the Committee on Women's Rights and Equal Opportunities and the opinion of the Committee on Employment and Social Affairs (A5-0092/2004),

    A.

    whereas one of the aims of the European Union is to promote employment and improve living and working conditions,

    B.

    whereas the European Union supports and complements the activities of the Member States with a view to achieving the objectives set out in Article 136 of the EC Treaty, in particular in the fields of equality between men and women with regard to labour market opportunities and treatment at work,

    C.

    whereas, with regard to Article 141(3) of the EC Treaty, it is important to protect male and female employees exercising the rights inherent in fatherhood, motherhood or the combination of professional and family lives,

    D.

    whereas the European Council in Lisbon in March 2000 recognised that it was important to improve all aspects of equal opportunities, in particular by making it easier to reconcile professional and family life, and that such measures should help to ensure that, by 2010, the proportion of women in employment is more than 60 %,

    E.

    whereas the European Council in Barcelona in March 2002 concluded that the Member States should eliminate obstacles to the participation of women in the labour market and set up, by 2010, childcare facilities for at least 90 % of children between three years old and the mandatory school age and for at least 33 % of children under three years old, which facilities must be equally available in towns and in rural areas,

    F.

    whereas the Member States may commit to allowing men and women to reconcile family responsibilities and professional responsibilities, as envisaged in the Beijing Programme of Action,

    G.

    whereas making allowance for the combining of professional and personal lives contributes to the personal fulfilment of men and women, promotes an increase in the rate of employment of women and, hence, in the overall employment rate and in the birth rate,

    H.

    whereas making allowance for reconciling the different stages of life is not a financial burden for businesses but a useful and relevant investment which will promote long-term growth,

    I.

    whereas women must be able to choose whether to work, even if they have children, or to stay at home,

    J.

    whereas the rights of children must be one of the cornerstones at the heart of family policies,

    K.

    whereas, in the European Union, 17 % of the population is under 15 years old, 16 % of the population is over 65 years old and people with disabilities make up between 10 % and 12 % of the population; whereas, furthermore, at least 15 % of children suffer, to varying degrees, from specific learning difficulties (dyslexia, dyspraxia, dyscalculia, attention deficit disorder, etc.),

    1.

    Underlines that the European Employment Strategy and the Lisbon Strategy aim at increasing the fairness of employment for women and men and at supporting the social changes needed for this; calls on the Commission, therefore, to give practical effect to the employment guidelines by clarifying the action programmes used to co-finance active measures on national labour markets to promote equal opportunities;

    2.

    Points out that the adoption of policies and the taking of measures to promote the reconciliation of professional and private life will also make a decisive contribution to tackling the demographic problem faced by the majority of the Member States;

    3.

    Considers that family policy should create conditions which enable parents to spend more time with their children and that in many cases a more equal division of parents' time between paid work and caring for their children would lead to better contact between parents and children and also have a positive effect on family formation and family stability and considers that a general reduction of daily working time is the best way of combining work and family life;

    4.

    Is convinced that the significant pay gap between men and women is both a major cause and a result of the present unequal division and value of labour as between men and women;

    5.

    Encourages the Commission to draw up, on the basis of the indicators on combining professional and family life adopted by the European Council in 2000, a follow-up report on the situation in the Member States and accession states, and at the same time encourages the Member States to develop various forms of cooperation and networks for the exchange of good practices, in order to obtain accurate information on the actual situation;

    6.

    Calls on the Member States and accession states to reconsider the national systems for gathering data and gradually to perfect them, in order to ensure that statistics for the nine indicators adopted by the European Council in 2000 can be produced every year; also calls on the Member States and the accession states to create Internet sites incorporating data banks on existing support structures;

    7.

    Encourages the Member States and accession states to analyse the impact of their policies on families (family mainstreaming), while at the same time calling on them to separate gender mainstreaming and family mainstreaming; also calls on the Commission, in the context of its communication of 2002 on impact assessment (COM(2002) 276), to take account of the various dimensions and definitions of the family in order to identify the social impact of the measures proposed;

    8.

    Urges the Commission to take the measures needed to draw up a European Parliament and Council framework directive on reconciling professional, family and private lives, with a view to implementing the ad hoc Council resolution of 29 June 2000 and the conclusions of the European Council in Barcelona;

    9.

    Calls upon the EU institutions to improve their employees' opportunities for combining work, family and personal life throughout life, using innovative models for working time and work organisation and bearing in mind that both sexes must have equal opportunites and responsibilities and that, as a minimum, the social policies acquis of the Union is fully reflected in the working conditions of all its staff;

    10.

    Calls on the Commission to organise an annual conference on ‘Reconciling work and family life‧ together with the European social partners, the Member States, NGOs and representatives of the EP's competent committees in order to take stock of progress made and to analyse outstanding problems and find solutions;

    11.

    Recommends that the Commission conduct an awareness-raising campaign and introduce pilot projects to facilitate the balanced participation of women and men in professional and family life;

    12.

    Urges the Member States and accession states to promote information and awareness-raising campaigns in order to change attitudes so as to bring about better sharing of family responsibilities within couples among both the general population and specific target groups;

    13.

    Observes that private households can also be a source of qualified jobs in the field of running the household, bringing up children and care, and calls on the Member States to promote home economics as an occupational field;

    14.

    Suggests that each Member State and accession state draw up an information and awareness-raising guide for the social partners, for business leaders, human resources directors and employees, setting out arguments in favour of promoting good practices with the aim of reconciling professional and family life more effectively;

    15.

    Notes that, alongside support for parents in caring for children and persons in need of care in the form of regular allowances and tax exemptions or reductions, a new way should be found to offer parents greater freedom of choice, for example in the form of cash benefits or vouchers (childcare vouchers, vouchers for the recruitment of home helps, service vouchers or coupons) and, moreover, that those who opt to work within the family and to bring up children must enjoy the same social protection in old age as those who have been gainfully employed;

    16.

    Recommends the adoption of fiscal policies which neither discriminate against the family nor penalise households on the basis of size; welcomes policies with social aims of this kind already adopted successfully by the Member States and by regional and municipal authorities, within the scope of their respective competences; furthermore, and without prejudice to the principle of subsidiarity, considers that if there are discriminatory weightings in policies governing taxation, other levies and tariffs, they should be of a positive nature, favouring families and their unifying role, and never negative forms of discrimination penalising families, in particular larger households;

    17.

    Emphasises the need to introduce specific allowances in all the Member States and accession states, especially for children with disabilities, families with a large number of children or multiple births and to help low-income families with three children or more;

    18.

    Notes the specific needs of single-parent families, of which the parent is most often a woman, and hence calls on the Member States and accession states to increase aid to such families, to increase the credit given for periods spent bringing up children and to guarantee individual social security rights;

    19.

    Calls on the Member States and accession countries to use an ‘audit for a family-friendly working environment‧ to encourage firms to implement a family-oriented personnel policy;

    20.

    Calls on the Member States to consider that part of the expenditure incurred by businesses relating to employees with families should be borne by the State, since measures eligible for a tax rebate of this sort might, for example, encourage part-time work, the involvement of employers in paying for childcare, and recruiting people to replace those on maternity, paternity and parental leave and so on;

    21.

    Welcomes the conclusions of the European Council in Barcelona, which commit the Member States to eliminating obstacles to the participation of women in the labour market and to introducing by 2010 childcare for 90 % of children between three years of age and the mandatory school age, and for at least 33 % of children under three; emphasis, however, that in order to achieve these objectives, national, regional or local authorities must step up their financial contributions towards the creation and/or operation of high-quality childcare services at affordable prices;

    22.

    Is deeply concerned about the work/family situation in the new Member States where previous child care infrastructures have largely been demolished;

    23.

    Calls on the Member States and the accession states to encourage flexibility and diversity in services for the care of children, the elderly and other dependants, in order to increase choice and cater for the preferences, needs and specific circumstances of children and their parents (especially children with special needs), including the availability of such services in all areas and regions of the Member States and accession states;

    24.

    Also encourages the national, regional and local authorities, the social partners, businesses and other competent entities to facilitate the development of mini-crèches in firms or groups of firms, as well as the flexibility of working hours, school timetables (including extracurricular activities and supervised homework) and the timetables of urban services (in particular opening hours of service-providers and shops, transport, and so on);

    25.

    Recommends, without prejudice to the principle of subsidiarity, that the Member States and regional and municipal authorities, within the scope of their respective competences, devise and pursue family-friendly housing and town-planning policies, creating inclusive and ‘human‧ urban environments with a sense of community and space in order to meet the basic needs of households consisting of several generations (children and young people, people of working age and retired, elderly people) under conditions likely to promote the compatibility of the school, professional, personal and family lives of all their members;

    26.

    Urges the Member States and the accession states to facilitate access to paid parental leave with a non-transferable portion, respecting freedom of choice for parents, as well as access to other forms of long-term leave, including career breaks, as well as special short-term leave (leave for breast-feeding or where a family member is ill), whilst envisaging a degree of flexibility in the organisation of leave, in order to facilitate the resumption of work by those returning to the labour market;

    27.

    Calls on the Member States and accession states to implement fully Directive 75/117/EEC (9) on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, and to take decisions on parental leave and other periods of absence on the basis, inter alia, of equal pay;

    28.

    Calls for ancillary training and further training measures to be stepped up in order to ensure the integration of those returning to the labour market, including those returning after sabbatical leave, in which connection special care should be taken to ensure that it is possible to take advantage of further vocational training courses during parental leave;

    29.

    Recalls that learning throughout the entire working life as well as access for women to the information society, is possible only if study leave is financially viable, by means of either public funding or employment-related arrangements;

    30.

    Also emphasises the importance of flexible working hours and distance working, where possible, which allow both male and female employees to meet their professional, family and educational responsibilities, with a balance being struck between their interests and those of the employer;

    31.

    Considers it essential to promote quality part-time work for both men and women; emphasises, however, that part-time work may be an effective way of reconciling family and employment and promoting equality of opportunity only if people of all levels of qualification are able to secure part-time work, if long-term career prospects are not affected, the level of social protection provided is reasonable and the workload is manageable;

    32.

    Criticises the fact that the issue of assistance for the oldest section of the population is not receiving the attention it deserves, and urges the Member States to promote adequate provision of high-quality services, including domestic help for the elderly, provided by staff with adequate training;

    33.

    Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States and the accession countries.


    (1)  OJ C 184, 11.7.1983, p. 116.

    (2)  OJ C 277, 31.10.1989, p. 2.

    (3)  OJ L 123, 8.5.1992, p. 16.

    (4)  OJ L 348, 28.11.1992, p. 1.

    (5)  OJ C 18, 23.1.1995, p. 96.

    (6)  OJ L 145, 19.6.1996, p. 4.

    (7)  OJ C 128, 7.5.1999, p. 79.

    (8)  OJ C 218, 31.7.2000, p. 5.

    (9)  OJ L 45, 19.2.1975, p. 19.

    P5_TA(2004)0153

    Women from minority groups in the European Union

    European Parliament resolution on the situation of women from minority groups in the European Union (2003/2109(INI))

    The European Parliament,

    having regard to the EC Treaty, especially Article 2, Article 3(2), Articles 6 and 13 and Article 141(4),

    having regard to the Universal Declaration on Human Rights, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the United Nations pacts on civil and political rights and economic, social and cultural rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms, which recognise that every individual's right to equality before the law and protection against discrimination is a universal right and which have been signed by all the Member States,

    having regard to the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the 1995 Beijing Platform for Action, which recognise the gender dimension in ethnic discrimination,

    having regard to Convention No 111 of the International Labour Organisation, which prohibits discrimination in employment and work,

    having regard to Articles 21 and 26 of the Charter of Fundamental Rights of the European Union (1),

    having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2),

    having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3),

    having regard to Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (4),

    having regard to the Communication from the Commission of 14 April 2000 to the Member States establishing the guidelines for the Community initiative ‘Equal‧ concerning transnational cooperation to promote new means of combating all forms of discrimination and inequalities in connection with the labour market (5),

    having regard to Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (6),

    having regard to Council Decision 2001/51/EC of 20 December 2000 establishing a programme relating to the Community framework strategy on gender equality (2001-2005) (7),

    having regard to the Commission Communication of 10 October 2001 to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the draft joint report on social inclusion (COM(2001) 565),

    having regard to the Council Decision 2001/903/EC of 3 December 2001 on the European Year of People with Disabilities 2003 (8),

    having regard to Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (9),

    having regard to the Communication from the Commission to the Council and the European Parliament of 24 January 2003 entitled ‘Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities‧(COM(2003) 16),

    having regard to the Council resolution of 6 February 2003 on social inclusion through social dialogue and partnership (10),

    having regard to the Council resolution of 15 July 2003 on promoting the employment and social integration of people with disabilities (11),

    having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions of 30 October 2003 entitled ‘Equal opportunities for people with disabilities: a European action plan‧ (COM(2003) 650),

    having regard to the Council's conclusions of 1 and 2 December 2003 on promotion of equal opportunities for people with disabilities,

    having regard to the conclusions of the Council of Europe's working group on discrimination against women with disabilities,

    having regard to Rule 163 of its Rules of Procedure,

    having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0102/2004),

    A.

    whereas, in accordance with Article 6 of the EU Treaty, the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; whereas these principles must include respect for the diversity of the peoples living in the EU, as regards their culture, language and ethnic origin, and respect for, and the taking into account of, the interests and concerns of all groups and minorities,

    B.

    whereas EU legislation prohibits any discrimination based on race or ethnic origin in areas such as employment, education, occupational training, social protection and social security, health care, social benefits, access to goods and services and the supply of goods and services,

    C.

    whereas the Copenhagen criteria for the candidate countries' accession to the EU also make reference to the protection of minorities,

    D.

    whereas under Article 3(2) of the EC Treaty, the Community aims to eliminate inequalities and to promote equality between men and women, in particular, as women are often victims of multiple forms of discrimination,

    E.

    whereas women's NGOs and their networks make a considerable contribution to upholding women's rights and combating discrimination against women,

    F.

    whereas EU legislation prohibits any discrimination relating to disability in employment and occupation,

    G.

    whereas disabled women experience the same sort of discrimination, compared with disabled men, as is generally experienced by women compared with men, and also compared with non-disabled women, as well as having all the disadvantages of a disability, although the disadvantages vary according to the nature and severity of the disability,

    H.

    whereas it is of prime importance to implement policies that will enable disabled women to lead an independent life, allow them to support themselves through work, where this is possible, choose their private, professional and family life, have access to education, employment and public and private places, and enable the whole of society to benefit from their experience, abilities and talents; whereas policies for disabled people must be devised, adopted and assessed with the aim of ensuring equal treatment for disabled women,

    I.

    whereas the critical areas for improving the status of disabled women are the promotion of education and training, employment, social policy, involvement in decision-making, participation and integration in social and cultural life, the right to sexuality, health and motherhood and the right to found a family, protection against violence and sexual abuse, promotion of self-esteem, promotion of networks and organisations for disabled women and their involvement in decision-making, and improvement of the media image of disabled women,

    J.

    whereas migrant women represent on average 50 % of the immigrant population in the EU and their economic contribution is significant for the survival of their families and the economic stability of their countries of origin; whereas these women are very often faced with double or multiple forms of discrimination, as women in their communities and because of their ethnic origin,

    K.

    whereas racism, xenophobia and discrimination encountered by migrant women are common occurrences throughout the EU; whereas these contribute to poverty and social exclusion and, consequently, make it difficult to get access to resources and basic social services, such as health care, housing, welfare and social protection benefits, and access to the employment market, education, training and promotion, rates of pay and social security,

    L.

    whereas migrant women are particularly vulnerable to poverty and social exclusion because of their low level of education and their cultural and language differences; whereas they are often victims of trafficking and other forms of violence such as domestic violence, prostitution, forced marriage and genital mutilation,

    M.

    whereas women who have joined their husbands under the family reunification policy do not have individual rights and are dependent on their husband's legal status; whereas these women run the risk of expulsion in the event of divorce or their husband's death and are often powerless to report violence when they are the victims thereof,

    N.

    whereas, with the future enlargement of the EU and the accession of five countries in particular — the Czech Republic, Slovakia, Hungary, Bulgaria and Romania — which have the most sizeable Roma communities, the Roma will become the largest ethnic minority in the EU and thus the poverty, exclusion and economic, social and political discrimination that they face will become a challenge and a major subject for concern for the EU,

    O.

    whereas Roma women are victims of multiple discrimination, they are discriminated against and marginalised in society because of their ethnic minority status and they are oppressed within their own community on gender grounds; whereas, by virtue of this situation, these women are simultaneously confronted with racism, sexism, poverty, exclusion and violation of their human rights, resulting in a limited life expectancy and a high mortality rate, illiteracy due to restricted access to education, the persistence of sexual prejudices, limited access to reproductive and sexual health care, very early motherhood and/or forced marriages, abduction, trafficking, forced prostitution, sexual abuse and domestic violence, non-participation in the employment market and non-participation in decisionmaking in their community,

    Disabled women

    1.

    Urges the Member States to promote the fundamental rights of disabled women and, in particular, to ensure that Council Directive 2000/78/EC on equal treatment in employment and occupation is incorporated into law and implemented as soon as possible;

    2.

    Calls on the Council, the Commission and the Member States to take account of the interests and needs of disabled women in all relevant policies, programmes and Community instruments such as the European Social Fund, the Equal initiative, legislation and the action programme against discrimination, the action programme on equality between women and men, the combating of social exclusion, health and culture programmes, the Daphne programme, initiatives in connection with the information society, research, etc.;

    3.

    Welcomes the Commission's action plan (2004-2010) for disabled people; calls on the Commission to take account of gender aspects in drawing up priorities for the plan and its implementation; stresses in this connection the need to include information on the situation of disabled women in future Commission reports on the situation of disabled people in an enlarged Europe;

    4.

    Calls on the EU and Member States to develop statistics on the situation of disabled people, with a breakdown by sex, and to carry out studies on disabled women;

    5.

    Calls on the Member States to encourage disabled women's access to education, training and employment in an ordinary environment, to assist their real integration in society and development of their autonomy, self-esteem and self-defence, in order to avoid the negative effects of excessive protection;

    6.

    Calls on the Member States to encourage the occupational reintegration of disabled women, whether in relation to training offered or the possibility of combining training and family responsibilities, e.g. training locations, care of dependent persons, flexible hours, part-time options, facilities and transport infrastructure, personal assistance or contact with the family; urges the two sides of industry to promote equal opportunities and access to employment and training for disabled women, including migrant women, in their measures and collective agreements;

    7.

    Calls on the Member States to encourage the formation of networks of disabled women and support groups, at national, regional and local level, with a view to improving disabled women's means of expression and their involvement in social and political life and to providing premises, financial resources, transport facilities and facilities for the care of children or other dependent people;

    8.

    Calls on the Member States to take measures to increase disabled women's involvement in political life and decision-making processes;

    9.

    Calls on all parties involved, including the media, to undertake initiatives to change attitudes and behaviour towards disabled women, and to involve disabled women in the drawing up and implementation of these initiatives;

    10.

    Calls on the Member States to take vigorous measures against all forms of violence against disabled women and girls, especially those in institutions, and to undertake studies specifically on violence against disabled women, to determine the origin and scale of this violence and to ensure better defined measures;

    Migrant women

    11.

    Welcomes the legislation and action programme against discrimination but points out that these measures do not include equality between men and women; in view of multiple forms of sex discrimination, calls for equality between men and women to be integrated into policies, programmes and measures to combat racism, discrimination and social exclusion;

    12.

    Calls on the Member States and the Commission to do everything possible to ensure effective application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, and its optional protocol, and the International Convention on the Elimination of All Forms of Racial Discrimination;

    13.

    Believes that the underlying tension in the EU's increasingly multi-ethnic and multicultural societies is linked to the sharing out of the labour market and the coexistence of cultures; is of the opinion that this situation, which fuels racism and racial discrimination, particularly affects women, on both gender and ethnic grounds, and leads to social exclusion, a precarious legal status, various forms of violence, difficulties in access to the labour market, the underrating of their contribution to the host society and the persistence of a stereotyped view of migrant women as a docile, flexible and cheap labour force;

    14.

    Calls on the Member States, with the Commission's assistance, to draw up a strategy with accompanying measures, to promote the integration of migrant women in the host country by:

    organising courses in the host country's language and general culture at affordable prices;

    setting up centres for health consultation, legal aid, occupational training as a preliminary to looking for work, and refuges for women who are victims of domestic violence,

    establishing parenting support centres,

    establishing good-quality child-care services at affordable prices,

    increasing public service staff's awareness of cultural diversity and gender equality,

    promoting anti-racism awareness campaigns and intercultural dialogue in the field of education,

    promoting awareness campaigns among migrant populations on the importance of education for women and girls,

    involving migrant women in political life and decision-making processes,

    promoting studies, research and statistics broken down by sex;

    15.

    Recommends that Member States and Community bodies take particular account of the situation of Muslim women in the EU and take measures to protect these women against violation of their human rights, in religious communities, and against practices that hinder their education, training, employment, advancement and, above all, integration in the host countries; calls for measures against female genital mutilation and forced marriages, and for measures that recognise this type of persecution as a legitimate reason for requesting asylum;

    16.

    Considers that migrants, including women, who hold a long-term residence permit in a Member State should benefit from rights and obligations comparable to those of European Union citizens , as the only appropriate means of combating all forms of discrimination and creating an inclusive society;

    Roma women

    17.

    Welcomes the EU's active support for efforts by public authorities, NGOs and other players who are working to improve the Roma's levels of integration and Roma women's situation in the Member States and acceding and candidate countries, by policies, programmes and projects to combat discrimination, poverty and social exclusion;

    18.

    Nevertheless, draws the attention of the Commission and governments concerned to the need to ensure (a) the effective application of policies implemented at Community and national level that are likely to improve Roma women's economic, social and political situation, their involvement in the decision-making process and protection of their human rights, (b) the inclusion of the issues concerning Roma populations in general, and equality of treatment and opportunity for Roma women in particular, in all relevant polices and programmes relating to employment policies and social inclusion, the European Social Fund, the Equal initiative, education and training programmes, the Daphne programme, and legislation and the action programme against discrimination, (c) consultation of Roma women when drawing up any programme or project likely to affect them and when adopting positive measures on their behalf;

    19.

    Considers that the lack of adequate data and statistics in the Member States and acceding and candidate countries makes it difficult to understand the scale of discrimination against the Roma, especially Roma women, and acts as a barrier to devising effective policies and assessing the impact of policies that have already been implemented;

    20.

    Calls on the governments concerned to take measures to improve the reproductive and sexual health protection of Roma women, to prevent and put an end to forced sterilisation, and to promote family planning, alternative arrangements to early marriages and sex education;

    *

    * *

    21.

    Instructs its President to forward this resolution to the Council and the Commission, the governments of the Member States, the acceding countries and the candidate countries.


    (1)  OJ C 364, 18.12.2000, p. 1.

    (2)  OJ L 180, 19.7.2000, p. 22.

    (3)  OJ L 303, 2.12.2000, p. 16.

    (4)  OJ L 34, 9.2.2000, p. 1.

    (5)  OJ C 127, 5.5.2000, p. 2.

    (6)  OJ L 303, 2.12.2000, p. 23.

    (7)  OJ L 17, 19.1.2001, p. 22.

    (8)  OJ L 335, 19.12.2001, p. 15.

    (9)  OJ L 10, 12.1.2002, p. 1.

    (10)  OJ C 39, 18.2.2003, p. 1.

    (11)  OJ C 175, 24.7.2003, p. 1.

    P5_TA(2004)0154

    Population and development

    European Parliament resolution on population and development: 10 years after the UN Conference in Cairo (2003/2133(INI))

    The European Parliament,

    having regard to the Programme of Action of the International Conference on Population and Development held from 5 to 13 September 1994 in Cairo, which was adopted by 179 participating states,

    having regard to the key actions for the further implementation of the Programme of Action of the International Conference on Population and Development adopted by the Twenty-first Special Session of the UN General Assembly, which was held from 30 June to 2 July 1999 in New York,

    having regard to Article 25(1) of the Universal Declaration of Human Rights, which includes health as a human right,

    having regard to the Strategic Health Objectives adopted at the 1995 World Conference on Women in Beijing and confirmed at the Twenty-third Special Session of the UN General Assembly on Beijing + 5: ‘Women 2000: Gender Equality, Development and Peace for the Twenty-First Century‧, which was held in New York from 5 to 9 June 2000,

    having regard to the Millennium Development Goals adopted at the UN Millennium Summit, which was held from 6 to 8 September 2000,

    having regard to the Monterrey Consensus, which was adopted on 22 March 2002 at the International Conference on Financing for Development,

    having regard to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 7 November 1967,

    having regard to the outcome of the 1993 Vienna Human Rights Conference, which specifically recognised women's rights as human rights and condemned violations of women's right to sexual self-determination perpetrated in the name of culture and tradition,

    having regard to the Johannesburg Declaration on Sustainable Development, adopted on 4 September 2002 by the World Summit on Sustainable Development,

    having regard to the Resolution by the Council of Europe on the impact of the ‘Mexico City Policy‧ on the free choice of contraception in Europe (resolution 1347 (2003)1),

    having regard to the Convention on the Rights of the Child, adopted and opened for signature, ratification and accession by UN General Assembly resolution 44/25 of 20 November 1989,

    having regard to the European Population Forum held from 12 to 14 January 2004 in the United Nations Economic Commission for Europe, which discussed the urgent issues, for Europe, North America and the countries of the former Soviet Union, of demography, sexual and reproductive health and the rights pertaining thereto, and, in addition, gave particular prominence to implementation of the Cairo Action Programme in the developing countries by the donor nations,

    having regard to Regulation (EC) No 1567/2003 of the European Parliament and of the Council of 15 July 2003 on aid for policies and actions on reproductive and sexual health and rights in developing countries (1),

    having regard to Regulation (EC) No 1568/2003 of the European Parliament and of the Council of 15 July 2003 on aid to fight poverty diseases (HIV/AIDS, tuberculosis and malaria) in developing countries (2),

    having regard to Article 25(1)(c) and (d) and Article 31 of the ACP-EU Partnership Agreement signed in Cotonou in June 2000 (3),

    having regard to its resolution of 4 July 1996 on the follow-up to the Cairo International Conference on Population and Development (4),

    having regard to the resolution on the importance of the UN World Conferences of 1990 to 1996 for cooperation between the European Union and the ACP States in the context of the Lomé Convention, adopted by the ACP-EU Joint Parliamentary Assembly on 29 October 1997 in Togo (5),

    having regard to the resolution on the follow-up to the Fourth World Conference on Women (Beijing, 1995), adopted by the ACP-EU Joint Parliamentary Assembly on 23 March 2000 in Abuja, Nigeria (6),

    having regard to its resolution of 18 May 2000 on the follow-up to the Beijing Action Platform (7),

    having regard to the resolution on the results of the special session of the United Nations General Assembly of 5-9 June 2000 on ‘Women 2000: Equality, Development and Peace for the Twenty-First Century‧, adopted by the ACP-EU Joint Parliamentary Assembly on 12 October 2000 in Brussels, Belgium (8),

    having regard to the resolution on the importation and local production of generic drugs, adopted by the ACP-EU Joint Parliamentary Assembly on 22 March 2001 in Libreville, Gabon (9),

    having regard to the resolutions on HIV/AIDS, adopted by the ACP-EU Joint Parliamentary Assembly on 23 March 2000 in Abuja, Nigeria (10), and on 1 November 2001 in Brussels, Belgium (11),

    having regard to the resolution on the rights of disabled people and older people in ACP countries, adopted by the ACP-EU Joint Parliamentary Assembly on 1 November 2001 in Brussels, Belgium (12),

    having regard to its resolution of 7 February 2002 on EU policy towards Mediterranean partner countries in relation to the promotion of women's rights and equal opportunities in these countries (13),

    having regard to the resolution on the impact of communicable diseases on health, young people, the elderly and people living with disabilities, adopted by the ACP-EU Joint Parliamentary Assembly on 21 March 2002 in Cape Town, South Africa (14),

    having regard to its resolution of 25 April 2002 on the communication from the Commission to the Council and the European Parliament on the programme of action for the mainstreaming of gender equality in Community development cooperation (15),

    having regard to its resolution of 20 September 2001 on female genital mutilation (16) and to its resolution of 3 July 2002 on sexual and reproductive health and rights (17),

    having regard to its position of 13 February 2003 on the proposal for a European Parliament and Council regulation on aid for policies and actions on reproductive and sexual health and rights in developing countries (18),

    having regard to the resolution on children's rights and child soldiers in particular, adopted by the ACP-EU Joint Parliamentary Assembly on 15 October 2003 in Rome, Italy (19),

    having regard to the resolution adopted by the HIV/Aids Conference hosted by the Irish Council Presidency in Dublin from 23-24 February 2004,

    having regard to Rule 163 of its Rules of Procedure,

    having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0055/2004),

    A.

    whereas the Programme of Action of the International Conference on Population and Development adopted by 179 participating states in 1994 in Cairo and the consensus secured thereby was confirmed afresh five years later when the Programme of Action was reviewed,

    B.

    whereas it is mainly women and children who live below the poverty line, and whereas it is mainly women and girls who are denied access to education — 57 % of the children who do not attend primary school are girls —, so that girls and women are also severely disadvantaged when it comes to access to family planning measures,

    C.

    whereas the Cairo Conference focused on a range of population and development objectives, mainly sustained economic growth, poverty eradication, education, gender equality, infant, child and maternal mortality reduction and, for the first time, the needs and rights of individual women and men, instead of setting abstract demographic targets,

    D.

    reaffirming that everyone has the right to enjoy the highest attainable standard of physical and mental health, that reproductive health-service programmes should provide the widest range of services without any coercion and that all couples and individuals have the basic right to decide freely and responsibly the number of their children and the timing of the parenthood and to have access to information on family planning, education on prevention and the means to do so (20),

    E.

    whereas sex education and family planning services must also make specific reference to men's responsibility for the reproductive health of their partners and family-oriented birth control,

    F.

    whereas, according to the Programme of Action, ‘all countries should strive to make accessible, through the primary health-care system, reproductive health to all individuals of appropriate ages as soon as possible and no later than the year 2015‧ (21),

    G.

    whereas the implementation of the Programme of Action so as to attain the Millennium Development Goals is also essential for the purposes of guaranteeing reproductive health, since three of the Millennium Development Goals are directly connected with reproductive health (reducing child mortality rates, improving maternal health and combating HIV/AIDS, malaria and other diseases); whereas the links between action to combat poverty, women's access to education and training, and sexual and reproductive health are broadly recognised and investment in those areas is particularly beneficial,

    H.

    regretting that, in 2000, total expenditure (including UN appropriations and loans) accounted for no more than 45.6 % of the target set for that year in the Programme of Action, with donor countries contributing only 45 % of the share of funds which they had undertaken to provide under the Cairo Programme of Action, while the developing countries contributed as much as 76 %,

    I.

    whereas not all the donor countries feel committed to the issue to the same extent, and whereas that results in a massive funding gap for the sexual and reproductive health sector, although the European Union has played a key role in the short-term provision of funds and in supporting the Programme of Action by taking legislative measures,

    J.

    whereas, at the International Parliamentarians' Conference on the implementation of the Cairo Programme of Action, held in Ottawa in 2002, Parliamentarians undertook to press for between five and ten per cent of national budgets to be devoted to population policy and sexual and reproductive health,

    K.

    whereas the European Population Forum, which was organised by the United Nations Economic Commission for Europe and involved numerous parliamentarians and non-governmental organisations, specifically confirmed the Cairo Action Programme as a common basis for action in the area of sexual and reproductive health and the associated rights,

    L.

    whereas the Mexico City Policy withholds USAID funds from any foreign organisation that, with non-US money, performs, refers, counsels or advocates for termination of pregnancy, regardless of whether termination of pregnancy is legal in that country; whereas the MCP has worsened the problems it intended to resolve: as clinics close and access to reproductive health services becomes more difficult, fewer poor women world-wide can afford contraception, leading to an increase in unwanted pregnancies — and consequently abortions, many of them unsafe; this in turn increases the maternal mortality toll,

    M.

    whereas the need to ensure gender equality is no longer seen merely as a question of rights and good governance but also, and increasingly, as an aspect of economic efficiency, since progress in gender equality frequently has a positive impact on the welfare of society as a whole,

    N.

    concerned that, in some regions of the world, the false belief that men are supposedly superior to women leads to forced gender-specific abortions or the murder of new-born girls, so that, for example, according to the population census in China, 120 boys were born in 2000 for every 100 girls, which has led UNICEF to estimate that, in a few years' time, there will be 50 million men who will not be able to find a wife,

    O.

    whereas in many cases cultural, religious, social and economic factors and the human rights situation are not conducive to female emancipation and self-determination,

    P.

    aware that large numbers of girls and women throughout the world become the victims of socially structured violence, namely male domestic or military violence, rape in times of war or crisis, enforced pregnancies, sexual abuse and women and girls in every age group being forced into prostitution, genital mutilation, arranged marriages, the abandonment or sale of new-born girls, etc, which are all violations of universal human rights, run counter to the right of sexual self-determination and seriously jeopardise women's reproductive and mental health,

    Q.

    aware that, according to UN surveys, every third pregnancy worldwide is unwanted or unplanned and that more than 300 million couples have no access to contraceptives, with the frequent result that women undergo abortions in unsafe conditions which have serious consequences for their health or may even result in death,

    R.

    whereas every year more than 500,000 women die in pregnancy and childbirth, and Millennium Development Goal 5 is to ‘reduce by three quarters the maternal mortality ratio‧, and whereas lack of access to basic health services and to reproductive health services and education, e.g. prenatal consultations, contributes to the fact that pregnancy remains a major cause of death or disabilities in women of developing countries,

    S.

    reaffirming, in conformity with the Programme of Action, that the family is the basic unit of society and is entitled to comprehensive protection and support,

    T.

    whereas fewer than 1 % of women in the countries most seriously affected by HIV have access to services for the prevention of transmission of that virus from mother to child, and 3.2 million children under the age of 15 are infected with HIV, and whereas half of all new HIV infections affect young people, including girls and young women who constitute a very high-risk category, reflecting the need for specific HIV prevention programmes for young people,

    U.

    whereas, currently, 1 000 000 000 young people are entering the reproductive phase of their lives,

    V.

    concerned that numerous HIV/AIDS infections are caused by the use of dirty needles since, according to WHO statistics, 75 % of all injections worldwide involve the use of needles that are not sterile, and aware that, in seven Chinese provinces, an estimated 370 000 people have become infected with HIV because of poor hygiene when they were donating blood,

    W.

    having regard to the alarming spread of sexually transmitted diseases including HIV/AIDS, necessitating the full integration of programmes for the prevention of sexually transmitted infections/HIV within sexual and reproductive health programmes,

    X.

    whereas, today, 80 % of all refugees worldwide are women and children; whereas, when people are forced to flee their homes, maternal mortality rates are frequently higher because of poor nutrition and rapidly succeeding pregnancies; and whereas unprotected sex and situations involving genderspecific violence lead to an increase in the number of cases of sexually transmitted diseases,

    Y.

    whereas the WHO's plan to train tens of thousands of ‘barefoot doctors‧ to provide health services in rural and poor areas is a step in the right direction,

    Z.

    regretting that conservative circles have succeeded in capping or even reducing funds for family planning and education, one result being, for example, that the USA, through the reinstatement of the Mexico City Policy, suspended its commitments for the United Nations Population Fund (UNFPA) and for NGOs active in this field from 2002 onwards; applauding in this respect the Commission's initiative of compensating for the loss in funding,

    AA.

    welcoming the contribution, often made with considerable difficulty, of the organisations responsible, such as UNFPA, which should be given more comprehensive support, inter alia in cooperation with the European Union's services and the Member States' Foreign Offices, with a view to improving health services, offering the possibility of choice and preventing avoidable deaths among women in the prime of their lives,

    AB.

    whereas measures such as primary healthcare services or basic education programmes may not be included by the industrialised nations and the developing countries when they are calculating expenditure on population policy, despite their connection therewith,

    AC.

    whereas the costs and social consequences of failing adequately to meet the reproductive health needs and rights of the biggest ever generation of young people — 1.2 billion — about to enter their childbearing years would be very high, since this age group is already disproportionately affected by HIV/AIDS infections and unwanted pregnancies,

    AD.

    whereas, in the implementation of the Programme of Action, civil society has an important and complementary role to play, and whereas the Commission should operate more closely with civil society groups, especially women's groups, women's associations, family planning o ganisations, and also private enterprises, especially in its country strategy documents,

    AE.

    whereas the media have a particularly important role to play in consciousness-shaping and imparting information,

    1.

    Calls for the publication of a comprehensive overview of progress in the implementation of the Cairo Programme of Action to mark the tenth anniversary of the International Conference on Population and Development (ICPD) in 2004 from every responsible UN body and, above all, from the governments of the EU Member States, the Commission and the ACP institutions, as well as from the non-governmental organisations concerned;

    2.

    Welcomes the organisation of the Round Table on ICPD+10 to review and assess progress made and the remaining challenges for the implementation of the ICPD Programme of Action, and congratulates the Commission on its support for this initiative;

    3.

    Calls on the European Union to publish a round-up of the initiatives launched so far, and calls on the Member States, in accordance with their undertakings in the area of public development aid (PDA), to make more funding available for the protection of reproductive health;

    4.

    Calls on the European Union, its Member States and the Accession Countries to meet in full the commitments given by them with regard to the implementation and the financing of the Cairo Programme of Action, including basic, secondary and higher education and training, especially for girls and women, elementary medical services and easy and affordable access for all young people, both women and men, throughout the reproductive phase in their lives, to high-quality health services for the protection of their sexual and reproductive health and of their right to decide equally, freely and responsibly in this field,

    5.

    Calls on the Commission, to that end, to make the Programme of Action a key issue in its cooperation with third countries and at international fora and to devise strategies for its joint implementation;

    6.

    Calls on the European Union and its Member States to integrate sexual and reproductive health and rights into their development policies and, in that context, to seek to reduce infant, child and maternal mortality rates;

    7.

    Calls on the EU and its Member States to engage the United States in an informed debate about the impact of the reinstatement of the Mexico City Policy worldwide, encouraging President George W. Bush to rescind it;

    8.

    Calls for a greater share of humanitarian and emergency aid to be used to benefit the reproductive health of people in emergency situations;

    9.

    Considers it essential to treat the poorest of the poor in the countries in question as priority groups, for example through targeted interventions in programming, since these are the people who suffer most from lack of access to reproductive health care measures;

    10.

    Calls on the European Union and the developing countries, in particular the ACP countries, to pay particular attention to the distress of a large number of women — especially young women — in rural areas in the developing countries who suffer from vaginal fistula (an estimated 0.3 % of all pregnancies), and to do everything possible to prevent this disease and ensure proper treatment;

    11.

    Stresses that abortion must not be regarded as a family planning method, but calls for legal and medically safe interventions to be possible for women who have no other way out of their difficulties, in order to protect their reproductive and mental health, which would mean a reduction in maternal mortality in developing countries, since 14 % of the women who do not survive labour are victims of botched abortions;

    12.

    Calls on states to refrain from prosecuting women who have had an illegal abortion;

    13.

    Calls on the European Union and its Member States, to that end, to coordinate activities among the donor countries more efficiently and to provide more funds for programmes in the field of sexual and reproductive health and rights in order to fulfil the international commitments made in Cairo in 1994;

    14.

    Calls on the EU and the international community as a whole, in the absence of a cure for AIDS, to increase resources for, and commitment to, international research and development of an AIDS vaccine and comprehensive clinical trials, particularly in developing countries;

    15.

    Considers it appropriate to make budgetary assistance for healthcare available to developing countries, but insists that steps be taken to ensure that this aid is used also to maintain or restore reproductive health;

    16.

    Stresses the need to improve access for women to education, economic independence and decisionmaking processes as essential rights and conditions for development, thus reducing gender-related inequality and poverty by empowering women;

    17.

    Stresses the importance of useful, active involvement of young people in all projects, programmes and measures that will have a positive impact on their lives;

    18.

    Calls on the Commission to develop a framework agreement which will encourage implementation of the Cairo objectives by 2015 and coordinate financial cooperation efforts on the part of the European Union, the Member States and the other institutional donors, so that the agreed objectives relating to total resources for programmes in the areas of population and reproductive health, including HIV/Aids, can still be achieved;

    19.

    Calls on the Commission and the Member States to support research efforts towards developing protection against sexually transmitted diseases and HIV/Aids, and contraceptive methods which are easily usable by women;

    20.

    Considers it necessary to raise the awareness of members of Commission delegations of the objectives set in Cairo and to inform them further on gender-specific issues, in order to hasten the achievement of the health and population goals which have been set;

    21.

    Expects the WHO and all others responsible in this field to ensure that every conceivable effort is made to prevent HIV infection from dirty needles by taking the appropriate hygiene measures, in order to prevent damage to reproductive health caused by circumstances beyond the individual's control which can lead to life-threatening infections even though safe sex has been practised;

    22.

    Calls on the European Union and its Member States, and governments and institutions in the developing countries, to undertake, in cooperation with those countries, widespread information and advice campaigns, as well as other appropriate measures, in developing countries with the following objectives:

    the provision of sex education and information for children and young people in a form commensurate with their age and gender, which must be in keeping with their capabilities and life circumstances,

    the fight against sexual exploitation and repression and/or support for victims of sexual exploitation and repression,

    emphasis on the fact that every person is worthy of respect, whatever that person's sexual orientation,

    emphasis on the right of every individual to self-determination in matters relating to sex,

    adequate and affordable access to contraceptives,

    general improvement in health care, including access to affordable sexual and reproductive health services;

    provision of a sufficient supply of affordable medicinal products for the treatment of sexually transmitted diseases, especially HIV/AIDS, with the pharmaceutical industry also being involved by facilitating treatment with generic medicines, and specific research into child-focussed anti-retroviral therapy,

    increased provision of integrated services to prevent the transmission of diseases from mother to child,

    facilitation of medically safe abortions,

    provision of the information required to ensure safe pregnancy and motherhood;

    23.

    Calls on the Commission and the ACP Council of Ministers to give reproductive health protection high priority in the framework of ACP cooperation, and to include the necessary measures in this area in the country strategy papers;

    24.

    Calls on the European Union, its Member States, the accession countries and the ACP countries to involve civil society organisations, including private enterprises, and particularly the media, in attaining their objectives;

    25.

    Calls on the developing countries to make available funds which they have earmarked for health care;

    26.

    Stresses that access to contraceptives, particularly condoms, must be significantly improved, above all for the poorest strata of society in the poorest countries;

    27.

    Calls on all governments to prohibit harmful traditions and practices, such as female genital mutilation, and to launch information campaigns on this subject in order to show that they constitute an unacceptable violation of the bodily integrity of women, are a significant threat to health and may even result in death; to this end, calls on them to incorporate in their policies the objectives and instruments mentioned in the ‘Cairo Declaration‧ adopted by the governments and NGOs taking part in the 2003 Cairo Conference, held in the context of the international campaign ‘STOPFGM!‧ (an international campaign to eradicate female genital mutilation);

    28.

    Welcomes the fact that fifteen African states have made genital mutilation of girls and women illegal, thereby ultimately contributing to the reproductive health of women by preventing dangerous infections and complications in pregnancy and childbirth; calls on those African states where genital mutilation is still practised likewise to take legislative steps to prohibit it, and in particular calls on the African States to ratify as soon as possible the ‘Additional Protocol to the African Charter on Human and Peoples Rights and the Rights of Women in Africa‧ (Maputo Protocol) adopted in July 2003 by the Assembly of the African Union in the capital of Mozambique, which provides for the prohibition and condemnation of all harmful practices which violate respect for women's rights, and calls on the governments to adopt all legislative, information and educational measures needed to ensure an end to this practice; in particular calls for all the initiatives in this context to be encouraged and supported;

    29.

    Calls on the Commission to work with developing countries to tackle and prevent fistula problems at childbirth among girls and young women, particularly in relation to early marriage;

    30.

    Propose to give particular attention to gender equality and reproductive rights in its future annual reports on human rights in the world and in the European Union;

    31.

    Instructs its President to forward this resolution to the Commission, the Council, the ACP-EU Council, the governments of the Member States, the UN Secretary-General, the United Nations Population Fund (UNFPA) and the Joint United Nations Programme on AIDS (UNAIDS).


    (1)  OJ L 224, 6.9.2003, p. 1.

    (2)  OJ L 224, 6.9.2003, p. 7.

    (3)  OJ L 317, 15.12.2000, p. 3.

    (4)  OJ C 211, 22.7.1996, p. 31.

    (5)  OJ C 96, 30.3.1998, p. 19.

    (6)  OJ C 263, 13.9.2000, p. 41.

    (7)  OJ C 59, 23.2.2001, p. 258.

    (8)  OJ C 64, 28.2.2001, p. 49.

    (9)  OJ C 265, 20.9.2001, p. 24.

    (10)  OJ C 263, 13.9.2000, p. 44.

    (11)  OJ C 78, 2.4.2002, p. 66.

    (12)  OJ C 78, 2.4.2002, p. 64.

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

    (14)  OJ C 231, 27.9.2002, p. 57.

    (15)  OJ C 131 E, 5.6.2003, p. 153.

    (16)  OJ C 77 E, 28.3.2002, p. 126.

    (17)  OJ C 271 E, 12.11.2003, p. 369.

    (18)  OJ C 43 E, 19.2.2004, p. 342.

    (19)  OJ C 26, 29.1.2004, p. 17.

    (20)  Cairo Programme of Action, principle 8.

    (21)  Cairo Programme of Action, Chapter 7.6.

    P5_TA(2004)0155

    Simplifying and improving Community regulation

    European Parliament resolution on the Commission communication on simplifying and improving the Community's regulatory activity (COM (2001) 726 — C5-0108/2002 — 2002/2052(COS))

    The European Parliament,

    having regard to the Commission Communication on simplifying and improving the regulatory environment (COM (2001) 726 — C5-0108/2002),

    having regard to the Commission Communication entitled ‘European Governance: Better lawmaking‧ (COM(2002) 275),

    having regard to the Commission Communication on impact assessment (COM(2002) 276),

    having regard to the Commission Communication entitled ‘Consultation document: Towards a reinforced culture of consultation and dialogue — Proposal for general principles and minimum standards for consultation of interested parties by the Commission‧ (COM(2002) 277),

    having regard to the Commission Communication entitled ‘Action plan “Simplifying and improving the regulatory environment”‧ (COM(2002) 278),

    having regard to the Commission Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on Environmental agreements at community level within the framework of the action plan on the simplification and improvement of the regulatory environment (COM(2002) 412),

    having regard to the Commission Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on updating and simplifying the Community acquis (COM(2003) 71),

    having regard to the Commission Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘First Report on the Implementation of the Framework Action “Updating And Simplifying The Community Acquis”‧ (COM(2003) 623),

    having regard to the Interim Report from the Commission to the Stockholm European Council entitled ‘Improving and Simplifying the Regulatory Environment‧ (COM(2001) 130),

    having regard to the Commission White Paper on European Governance (1),

    having regard to its resolution of 4 July 1996 (2) on the report of the group of independent experts on simplification of Community legislation and administrative provisions (‘deregulation‧),

    having regard to its resolution of 13 May 1997 (3) on the reports from the Commission to the Council entitled ‘Better Law-making‧ on the application of the subsidiarity and proportionality principles on simplification and consolidation for the years 1994 to 1996, and to its resolutions of 18 December 1998 (4) and 26 October 2000 (5) on the similarly entitled reports from the Commission to the Council for the years 1997 to 1999,

    having regard to the interinstitutional agreement between the European Parliament, the Council and the Commission of 22 December 1998 (6) on common guidelines for the quality of drafting of Community legislation,

    having regard to its resolution of 29 November 2001 on the Commission White Paper on European governance (7),

    having regard to the final report of the High-Level Advisory Group, chaired by Mr Mandelkern, on the quality of regulatory arrangements of 13 November 2001,

    having regard to its resolution of 5 February 2002 on the implementation of financial services legislation (8),

    having regard to the report of the European Parliament's Directorate-General for Research on ‘Regulatory Impact Analysis‧: developments and current practices in the EU Member States, on the EU level and in selected third countries', drawn up at the request of the Committee on Legal Affairs and the Internal Market (IV/JURI 106),

    having regard to its decision of 9 October 2003 on the conclusion of the interinstitutional agreement on Better Law-Making between the European Parliament, the Council and the Commission (9),

    having regard to the opinions of the Economic and Social Committee (10),

    having regard to the opinion of the Committee of the Regions (CdR 0263/2002),

    having regard to Rule 47(1) of its Rules of Procedure,

    having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, External Trade, Research and Energy, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy, the Committee on Constitutional Affairs and the Committee on Petitions (A5-0443/2002),

    having regard to the second report of the Committee on Legal Affairs and the Internal Market (A5-0235/2003),

    having regard to the third report of the Committee on Legal Affairs and the Internal Market (A5-0118/2004),

    A.

    whereas the quality and comprehensibility of Community legislation have a direct impact on the welfare and prosperity of Community citizens and businesses,

    B.

    whereas a clear and precise legal and regulatory framework should therefore be established to facilitate the decision-making process and make it more transparent,

    C.

    whereas Parliament has concluded the aforementioned interinstitutional agreement with the Council and the Commission on common guidelines for the quality of Community legislation,

    D.

    whereas Parliament has also concluded an interinstitutional agreement with the Council and the Commission on ‘Better Lawmaking‧ (11),

    1.

    Warmly welcomes the interinstitutional agreement on ‘Better Lawmaking‧;

    2.

    Considers it desirable to establish a permanent interinstitutional dialogue among the Community institutions on improving the quality of legislation;

    3.

    Recalls that this interinstitutional dialogue concerns not only the fields covered by the interinstitutional agreement on ‘Better Lawmaking‧, but also any other field involving the adoption of Community legislation;

    4.

    Stresses that any future interinstitutional dialogue among the institutions regarding legislation must take due account of the principle of democratic legitimacy, of which the European Parliament is the guarantor;

    5.

    Demands that the Commission always consult the legislative authority when it deems self-regulation to be useful;

    6.

    Stresses Parliament's right to call on the Commission to submit a draft legislative act in connection with the latter's consideration of self-regulation practices;

    7.

    Stresses Parliament's right to oppose the implementation of any self-regulation practice;

    8.

    Defends Parliament's right to oppose the entry into force of any draft voluntary agreement in the context of co-regulation;

    9.

    Considers it essential that the Commission should not be able to override opposition expressed by Parliament or the Council to any voluntary practice in the context of self-regulation or co-regulation;

    10.

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


    (1)  OJ C 287, 12.10.2001, p. 1.

    (2)  OJ C 211, 22.7.1996, p. 23.

    (3)  OJ C 167, 2.6.1997, p. 34.

    (4)  OJ C 98, 9.4.1999, p. 500.

    (5)  OJ C 197, 12.7.2001, p. 433.

    (6)  OJ C 73, 17.3.1999, p. 1.

    (7)  OJ C 153 E, 27.6.2002, p. 314.

    (8)  OJ C 284 E, 21.11.2002, p. 115.

    (9)  P5_TA(2003)0426.

    (10)  OJ C 125, 27.5.2002, p. 105, OJ C 61, 14.3.2003, p. 142, OJ C 133, 6.6.2003, p. 5.

    (11)  OJ C 321, 31.12.2003, p. 1.


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