REPORTÌýon the proposal for a Council regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement
24.3.2025Ìý-Ìý( – C10‑0112/2024 – )Ìý-Ìý*
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Malik Azmani
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a Council regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement
( – C10‑0112/2024 – )
(Special legislative procedure – consultation)
ºÏ·¨²©²ÊÍøÕ¾,
–Ìýhaving regard to the Commission proposal to the Council (),
–Ìýhaving regard to ArticleÌý77(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted ºÏ·¨²©²ÊÍøÕ¾ (C10‑0112/2024),
–Ìýhaving regard to Rule 84 of its Rules of Procedure,
–Ìýhaving regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0041/2025),
1.ÌýApproves the Commission proposal as amended;
2.ÌýCalls on the Commission to alter its proposal accordingly, in accordance with ArticleÌý293(2) of the Treaty on the Functioning of the European Union;
3.ÌýCalls on the Council to notify ºÏ·¨²©²ÊÍøÕ¾ if it intends to depart from the text approved by ºÏ·¨²©²ÊÍøÕ¾;
4.ÌýAsks the Council to consult ºÏ·¨²©²ÊÍøÕ¾ again if it intends to substantially amend the Commission proposal;
5.ÌýInstructs its President to forward its position to the Council, the Commission and the national parliaments.
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AmendmentÌýÌý1
Proposal for a regulation
Recital 19
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Text proposed by the Commission |
Amendment |
(19)ÌýThis Regulation does not provide a legal basis for setting up or maintaining databases at national level for the storage of biometric data in Member States, which is a matter of national law that needs to comply with Union law regarding data protection, including its necessity and proportionality requirements. Moreover, this Regulation does not provide a legal basis for setting up or maintaining a centralised database at Union level. |
(19)ÌýThis Regulation does not provide a legal basis for setting up or maintaining databases at national level for the storage of biometric data in Member States. Moreover, this Regulation does not provide a legal basis for setting up or maintaining a centralised database at Union level. As recalled by the European Data Protection Supervisor in his opinion 21/2024, setting up or maintaining databases at national level for storing biometric data in Member States, or similarly, setting up or maintaining a centralised database at Union level, along with the potential use of such data for other purposes, would need to meet a strict necessity and proportionality test under the Charter, as interpreted by the relevant case law of the Court of Justice. |
AmendmentÌýÌý2
Proposal for a regulation
Recital 20
Ìý |
|
Text proposed by the Commission |
Amendment |
(20)ÌýBiometric identifiers should be collected and stored in the storage medium of identity cards and residence documents for the purposes of verifying the authenticity of the document and the identity of the holder. Given the electronic signature on the storage medium of identity cards, identifying the holder by means of the storage medium, which contains the same biographic data as printed on the document, is more reliable than a visual check of the document. Union citizens should thus be allowed to use the data stored in the storage medium of their identity card to identify themselves towards private entities. However, the verification of the fingerprints stored on the storage medium should only be carried out by duly authorised staff and only when the document is required to be produced by law. |
(20)ÌýFacial images stored in the storage medium of identity cards and residence documents should be accessed only by duly authorised staff of competent national authorities, Union agencies and private entities for the purposes of verifying the authenticity of the document and the identity of the holder. Such access should comply with Union data protection law. Facial images should not be retained for longer than is necessary for those purposes, should be deleted as soon as those purposes are achieved and should not be transferred to third countries or international organisations unless permitted by Union data protection law. Those safeguards are intended to ensure appropriate protection of the facial image while not prohibiting its use. |
AmendmentÌýÌý3
Proposal for a regulation
Recital 20 a (new)
Ìý |
|
Text proposed by the Commission |
Amendment |
Ìý |
(20a)ÌýThe verification of the fingerprints stored on the storage medium should be carried out only by duly authorised staff of competent national authorities and Union agencies and only when the document is required to be produced by Union or national law. |
AmendmentÌýÌý4
Proposal for a regulation
Recital 23
Ìý |
|
Text proposed by the Commission |
Amendment |
(23)ÌýMember States should be able to decide whether to include a person’s gender on a document covered by this Regulation. Where a Member State includes a person’s gender on such a document, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the language or languages of that Member State should be used, as appropriate. |
(23)ÌýWithout prejudice to the case law of the Court of Justice1a, Member States should be able to decide whether to include a person’s gender on a document covered by this Regulation. Where a Member State includes a person’s gender on such a document, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the language or languages of that Member State should be used, as appropriate. |
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_________________ |
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1a Judgment of the Court of Justice of 4 October 2024, Mirin, C-4/23, ECLI:EU:C:2024:845 |
AmendmentÌýÌý5
Proposal for a regulation
Recital 26
Ìý |
|
Text proposed by the Commission |
Amendment |
(26)ÌýWhere difficulties are encountered in the collection of biometric identifiers, Member States should ensure that appropriate procedures are in place to respect the dignity of the person concerned. Therefore, specific considerations relating to gender and to the specific needs of children and of vulnerable persons should be taken into account. |
(26)ÌýWhere difficulties are encountered in the collection of biometric identifiers, Member States should ensure that appropriate procedures are in place to respect the dignity of the person concerned. Therefore, specific considerations relating to gender and to the specific needs of children and of vulnerable persons should be taken into account. Qualified staff should receive training on best practices for collecting biometric identifiers from children and vulnerable persons, ensuring sensitivity to gender and age-specific needs while respecting the dignity of all individuals. |
AmendmentÌýÌý6
Proposal for a regulation
Recital 32
Ìý |
|
Text proposed by the Commission |
Amendment |
(32)ÌýMember States should exchange with each other such information as is necessary to access, authenticate and verify the information contained on the secure storage medium. The formats used for the secure storage medium should be interoperable, including in respect of automated border crossing points. |
(32)ÌýMember States should exchange with each other such information as is necessary to access, authenticate and verify the information contained on the secure storage medium. The formats used for the secure storage medium should be interoperable, including in respect of automated border crossing points. The Commission should promote Member States’ cooperation in support of such objectives. |
AmendmentÌýÌý7
Proposal for a regulation
Recital 43
Ìý |
|
Text proposed by the Commission |
Amendment |
(43)ÌýIn accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making9 , the Commission should, no sooner than six years after the date of application of this Regulation carry out an evaluation of this Regulation, including on the basis of information gathered through specific monitoring arrangements, in order to assess the actual effects of this Regulation and the need for any further action. For the purpose of monitoring, Member States should collect statistics on the number of identity cards and residence documents which they issued. |
(43)ÌýThe Commission should report on the implementation of this Regulation two years, and 11 years, after the date of its entry into force, including on the appropriateness of the level of security, taking into account its impact on fundamental rights and data protection principles. In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making9 , the Commission should, six years after the date of entry into force of this Regulation, and every six years thereafter, carry out an evaluation of this Regulation, including on the basis of information gathered through specific monitoring arrangements, in order to assess the actual effects of this Regulation and the need for any further action. For the purpose of monitoring, Member States should collect statistics on the number of identity cards and residence documents which they issued. |
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9 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj. |
9 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj. |
AmendmentÌýÌý8
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Ìý |
|
Text proposed by the Commission |
Amendment |
By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s gender shall be optional. |
By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s gender shall be optional. Where a Member State includes a person’s gender on a document covered by this Regulation, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the official language or languages of that Member State shall be used, as appropriate. |
AmendmentÌýÌý9
Proposal for a regulation
Article 3 – paragraph 5
Ìý |
|
Text proposed by the Commission |
Amendment |
5.ÌýIdentity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card and two fingerprints in interoperable digital formats. For the capture of biometric identifiers, Member States shall apply the technical specifications as established by Commission Implementing Decision C(2018) 776712 as amended by Commission Implementing Decision C(2021) 372613 . |
5.ÌýIdentity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card and two fingerprints in interoperable digital formats. For the capture of those two types of biometric identifiers, Member States shall apply the technical specifications as established by Commission Implementing Decision C(2018) 776712 as amended by Commission Implementing Decision C(2021) 372613 . |
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12 Commission Implementing Decision C(2018) 7767 of 30 November 2018 laying down the technical specifications for the uniform format for residence permits for third country nationals and repealing Decision C(2002) 3069. |
12 Commission Implementing Decision C(2018) 7767 of 30 November 2018 laying down the technical specifications for the uniform format for residence permits for third country nationals and repealing Decision C(2002) 3069. |
13 Commission Implementing Decision C(2021) 3726 of 4 June 2021 amending Annex III to Implementing Decision C(2018) 7767 as regards the list of normative references. |
13 Commission Implementing Decision C(2021) 3726 of 4 June 2021 amending Annex III to Implementing Decision C(2018) 7767 as regards the list of normative references. |
AmendmentÌýÌý10
Proposal for a regulation
Article 10 – paragraph 3
Ìý |
|
Text proposed by the Commission |
Amendment |
3.ÌýOther than where required for the purpose of processing in accordance with Union and national law, biometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, these biometric identifiers shall be immediately erased or destroyed. |
3.ÌýBiometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, those biometric identifiers shall be immediately erased or destroyed. Processing of those data for other purposes shall be subject to the limitations and conditions provided for in national law or Union data protection law. |
AmendmentÌýÌý11
Proposal for a regulation
Article 11 – paragraph 4
Ìý |
|
Text proposed by the Commission |
Amendment |
4.ÌýCooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data. |
4.ÌýCooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data. Member States shall ensure that all external providers comply with Union and national data protection law, and appropriate measures shall be adopted to prevent any unauthorised access or misuse of personal data during outsourced processes. |
AmendmentÌýÌý12
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 1 – introductory part
Ìý |
|
Text proposed by the Commission |
Amendment |
Biometric data stored in the storage medium of identity cards and residence documents shall only be used in accordance with Union and national law for the purpose of verifying: |
The facial image of the holder stored in the storage medium of identity cards and residence documents shall only be accessed by duly authorised staff of competent national authorities, Union agencies and private entities in accordance with Union data protection law for the purposes of verifying: |
AmendmentÌýÌý13
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 1 a (new)
Ìý |
|
Text proposed by the Commission |
Amendment |
Ìý |
Access to the facial image by private entities shall also require the consent of the holder, unless access regardless of consent is strictly necessary for the purposes set out in the first subparagraph and provided for by Union or national law in compliance with Union data protection law. |
AmendmentÌýÌý14
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2
Ìý |
|
Text proposed by the Commission |
Amendment |
The two fingerprints stored in the storage medium shall only be accessed by duly authorised staff of competent national authorities and Union agencies. |
The two fingerprints of the holder stored in the storage medium shall only be accessed by duly authorised staff of competent national authorities and Union agencies for the purposes set out in the first subparagraph in accordance with Union and national data protection law. |
AmendmentÌýÌý15
Proposal for a regulation
Article 13 – title
Ìý |
|
Text proposed by the Commission |
Amendment |
Evaluation |
Reporting and evaluation |
AmendmentÌýÌý16
Proposal for a regulation
Article 13 – paragraph -1 (new)
Ìý |
|
Text proposed by the Commission |
Amendment |
Ìý |
-1.ÌýBy [two years after the date of entry into force of this Regulation] and by [11 years after the date of entry into force of this Regulation] the Commission shall report to the European ºÏ·¨²©²ÊÍøÕ¾, to the Council and to the European Economic and Social Committee on the implementation of this Regulation, in particular on the protection of fundamental rights and personal data. |
AmendmentÌýÌý17
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Ìý |
|
Text proposed by the Commission |
Amendment |
1.ÌýNo sooner than [six years after the entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European ºÏ·¨²©²ÊÍøÕ¾, to the Council and to the European Economic and Social Committee. The report shall in particular focus on: |
1.ÌýNo later than [six years after the entry into force of this Regulation], and every six years thereafter, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European ºÏ·¨²©²ÊÍøÕ¾, to the Council and to the European Economic and Social Committee. The report shall in particular focus on: |
AmendmentÌýÌý18
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Ìý |
|
Text proposed by the Commission |
Amendment |
Ìý |
(da)Ìýthe necessity of introducing common security features of identification documents used on a provisional basis in view of their better recognition; |
AmendmentÌýÌý19
Proposal for a regulation
Article 13 – paragraph 1 – point d b (new)
Ìý |
|
Text proposed by the Commission |
Amendment |
Ìý |
(db)Ìýthe necessity of further harmonising the security features of residence documents. |
EXPLANATORY STATEMENT
Regulation (EU) 2019/1157 of the European ºÏ·¨²©²ÊÍøÕ¾ and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement started to apply on 2 August 2021. It established common minimum standards for the security features and the format of documents included in its scope and was part of the Action Plan of December 2016 to strengthen the European response to travel document fraud as an enabler of terrorism and organised crime ().
Ìý
ºÏ·¨²©²ÊÍøÕ¾ in its 2018 position emphasised the importance of improved security standards of such documents not only in the fight against document fraud and identity theft, but also to facilitate the exercise of the right to free movement within the EU. Special importance was given to the introduction of the highest possible standards on data protection and data security, especially with regard to biometric data, as well as the protection of minors. The ºÏ·¨²©²ÊÍøÕ¾ also insisted on the inclusion of an EU flag on all identity cards and residency documents as a visible symbol of the ‘EU citizenship’ in addition to the citizens’ national identity, providing them with further protection and rights.
Ìý
In its judgment of 21 March 2024 (case C-61/22, Landeshauptstadt Wiesbaden), the European Court of Justice declared Regulation (EU) 2019/1157 invalid due to the choice of an incorrect legal basis. According to the Court, Regulation (EU) 2019/1157 should have been adopted on the basis of Article 77(3) of the Treaty on the Functioning of the European Union (TFEU), which provides for a special legislative procedure, instead of Article 21(2) TFEU. The Court also decided that the effects of Regulation 2019/1157 should be maintained until the entry into force of a valid regulation replacing it and identified a period of two years from 1 January of the year following the date of delivery of its judgment as a reasonable time for the adoption of the new regulation.
Ìý
Other possible grounds for the invalidity of Regulation (EU) 2019/1157 submitted to the Court, i.e. its alleged failure to comply with the Charter of Fundamental Rights of the European Union and with the General Data Protection Regulation, were dismissed.
Ìý
On 23 July 2024, the European Commission put forward a draft Council Regulation on strengthening the security of identity cards of Union citizens and of residence
documents issued to Union citizens and their family members exercising their right of
free movement, which, as prescribed by the Court of Justice, was based on Article 77(3) TFEU. The new proposal largely reproduces the text of Regulation (EU) 2019/1157 as adopted by the ºÏ·¨²©²ÊÍøÕ¾ and the Council. As noted in the Commission’s explanatory memorandum to the proposal, a limited number of changes to the 2019 text have been suggested in order to incorporate the necessary procedural adjustments and take stock of developments occurred since the time of the adoption of Regulation (EU) 2019/1157.
Ìý
The rapporteur welcomes the Commission’s proposal in that it essentially reflects the text approved by the ºÏ·¨²©²ÊÍøÕ¾ in 2019, whose approach and objectives continue to be valid in the current context, and shares the assessment that only limited changes should be introduced in the Council Regulation under consideration as compared to Regulation (EU) 2019/1157.
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ANNEX: ENTITIES OR PERSONSÌýFROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he received input from the following entities or persons in the preparation of the report, prior to the adoption thereof in committee:
Entity and/or person |
Koninklijke Marechaussee |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the concerned natural persons the European ºÏ·¨²©²ÊÍøÕ¾'s Data Protection Notice No 484 (/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.
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Ìý
PROCEDURE – COMMITTEE RESPONSIBLE
Title |
Strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement |
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References |
– C10-0112/2024 – |
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Date ºÏ·¨²©²ÊÍøÕ¾ was consulted |
27.9.2024 |
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Committee(s) responsible |
LIBE |
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Ìý |
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Rapporteurs ÌýDate appointed |
Malik Azmani 21.11.2024 |
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Discussed in committee |
3.12.2024 |
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Ìý |
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Date adopted |
19.3.2025 |
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Result of final vote |
+: –: 0: |
42 30 0 |
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Members present for the final vote |
Giuseppe Antoci, Francisco Assis, Malik Azmani, Pernando Barrena Arza, Nikola Bartůšek, Ioan-RareÅŸ Bogdan, Krzysztof Brejza, Saskia Bricmont, Jorge Buxadé Villalba, Jaroslav Bžoch, Damien Carême, Susanna Ceccardi, Caterina Chinnici, Veronika Cifrová Ostrihoňová, Alessandro Ciriani, Lena Düpont, Marieke Ehlers, Estrella Galán, Raquel GarcÃa Hermida-Van Der Walle, Branko Grims, Paolo Inselvini, Irena Joveva, Erik Kaliňák, Marina Kaljurand, Mariusz KamiÅ„ski, Fabienne Keller, Mary Khan, Moritz Körner, Alice Kuhnke, Fabrice Leggeri, Jeroen Lenaers, Juan Fernando López Aguilar, Michael McNamara, Ana Catarina Mendes, Verena Mertens, Ana Miguel Pedro, Emil Radev, Chloé Ridel, Birgit Sippel, Krzysztof Åšmiszek, Petra Steger, Cecilia Strada, Tineke Strik, Georgiana Teodorescu, Alice Teodorescu MÃ¥we, Milan UhrÃk, Tom Vandendriessche, Kristian Vigenin, Elissavet Vozemberg-Vrionidi, Charlie Weimers, Sophie Wilmès, Isabel Wiseler-Lima, Alessandro Zan, Javier Zarzalejos, Tomáš Zdechovský |
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Substitutes present for the final vote |
Konstantinos Arvanitis, David Casa, Javier Moreno Sánchez, Karlo Ressler, Sandro Ruotolo, Nacho Sánchez Amor, Anna Strolenberg, Pekka Toveri, Sebastian Tynkkynen, Roberto Vannacci, Petar Volgin, Maciej Wąsik, Lucia Yar |
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Members under Rule 216(7) present for the final vote |
Hildegard Bentele, Sebastião Bugalho, Dick Erixon, Pär Holmgren |
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Date tabled |
24.3.2025 |
Ìý
Ìý
FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE
42 |
+ |
PPE |
Hildegard Bentele, Ioan-Rareş Bogdan, Krzysztof Brejza, Sebastião Bugalho, David Casa, Caterina Chinnici, Lena Düpont, Branko Grims, Jeroen Lenaers, Verena Mertens, Ana Miguel Pedro, Emil Radev, Karlo Ressler, Alice Teodorescu Måwe, Pekka Toveri, Elissavet Vozemberg-Vrionidi, Isabel Wiseler-Lima, Javier Zarzalejos, Tomáš Zdechovský |
Renew |
Malik Azmani, Veronika Cifrová Ostrihoňová, Raquel GarcÃa Hermida-Van Der Walle, Irena Joveva, Fabienne Keller, Moritz Körner, Michael McNamara, Sophie Wilmès, Lucia Yar |
S&D |
Francisco Assis, Marina Kaljurand, Juan Fernando López Aguilar, Ana Catarina Mendes, Javier Moreno Sánchez, Chloé Ridel, Sandro Ruotolo, Nacho Sánchez Amor, Birgit Sippel, Krzysztof Śmiszek, Cecilia Strada, Kristian Vigenin, Alessandro Zan |
The Left |
Giuseppe Antoci |
Ìý
30 |
- |
ECR |
Alessandro Ciriani, Dick Erixon, Paolo Inselvini, Mariusz Kamiński, Georgiana Teodorescu, Sebastian Tynkkynen, Maciej Wąsik, Charlie Weimers |
ESN |
Mary Khan, Milan UhrÃk, Petar Volgin |
NI |
Erik Kaliňák |
PfE |
Nikola Bartůšek, Jorge Buxadé Villalba, Jaroslav Bžoch, Susanna Ceccardi, Marieke Ehlers, Fabrice Leggeri, Petra Steger, Tom Vandendriessche, Roberto Vannacci |
The Left |
Konstantinos Arvanitis, Pernando Barrena Arza, Damien Carême, Estrella Galán |
Verts/ALE |
Saskia Bricmont, Pär Holmgren, Alice Kuhnke, Tineke Strik, Anna Strolenberg |
Ìý
0 |
0 |
Ìý |
Ìý |
Ìý
Key to symbols:
+Ìý:Ìýin favour
-Ìý:Ìýagainst
0Ìý:Ìýabstention
Ìý
Ìý