Index 
Texts adopted
Wednesday, 28 September 2011 - StrasbourgFinal edition
Draft amending budget No 4/2011: own resources and migration and refugee flows
 Mobilisation of the European Globalisation Adjustment Fund: application EGF/2010/017 DK/Midtjylland Machinery/Denmark
  Resolution
  Annex
 Mobilisation of the European Globilisation Adjustment Fund: application EGF/2011/003 DE/Arnsberg and Düsseldorf - automotive industry/Germany
  Resolution
  Annex
 Mobilisation of the European Globalisation Adjustment Fund: application EGF/2010/026 PT/Rohde/Portugal
  Resolution
  Annex
 Modification of concessions in the schedules of Bulgaria and Romania in the course of their accession to the European Union (EU-Argentina agreement) ***
 Modification of concessions in the schedules of Bulgaria and Romania in the course of their accession to the European Union (EU-Australia agreement) ***
 Modification of concessions in the schedules of Bulgaria and Romania in the course of their accession to the European Union (EU-New Zealand agreement) ***
 Surveillance of budgetary positions and surveillance and coordination of economic policies ***I
  Resolution
  Consolidated text
 Budgetary surveillance in euro area ***I
  Resolution
  Consolidated text
  Annex
 Enforcement measures to correct excessive macroeconomic imbalances in euro area ***I
  Resolution
  Consolidated text
 Prevention and correction of macroeconomic imbalances ***I
  Resolution
  Consolidated text
  Annex
 Implementation of excessive deficit procedure *
  Resolution
  Consolidated text
 Requirements for budgetary frameworks of Member States *
  Resolution
  Annex
 Sexual orientation and gender identity at the UN Human Rights Council

Draft amending budget No 4/2011: own resources and migration and refugee flows
PDF 72k   DOC 34k
European Parliament resolution of 28 September 2011 on the Council position on Draft amending budget No 4/2011 of the European Union for the financial year 2011, Section III – Commission (13990/2011 – C7-0243/2011 – 2011/2128(BUD) )
P7_TA(2011)0414 A7-0312/2011

The European Parliament ,

–   having regard to the Treaty on the Functioning of the European Union and in particular Article 314 thereof, and to the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,

–   having regard to Council Regulation (EC, Euratom) No1605/2002 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 2011, as definitively adopted on 15 December 2010(2) ,

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3) ,

–   having regard to Draft amending budget No 4/2011 of the European Union for the financial year 2011, which the Commission presented on 17 June 2011 (COM(2011)0375 ),

–   having regard to Council's position on Draft amending budget No 4/2011, which the Council established on 12 September 2011 (13990/2011 – C7-0243/2011 ),

–   having regard to Rules 75b and 75e of its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A7-0312/2011 ),

A.   whereas the aim of Draft amending budget No 4/2011 to the general budget 2011 is twofold, namely a reinforcement of appropriations under subheading 3a and a revision of the forecast of traditional own resources,

B.   whereas the reinforcement of commitment appropriations by nearly EUR 41,1 million for the management of migration and refugee flows (through the Frontex Agency, the External Borders Fund, the European Return Fund and the European Refugee Fund) is part of a multiform response of the Union to the political developments in Southern Mediterranean countries,

C.   whereas the increase in commitment appropriations is net and in line with the principle of ‘new appropriations for new tasks’,

D.   whereas the proposed concomitant reinforcement of payment appropriations by EUR 43,9 million is rendered possible by redeployments from under-implemented payments from the budget item ‘Energy projects to aid economic recovery – Energy networks’,

E.   whereas the under-implemented payments from the above-mentioned budget item will have been exhausted through the adoption of Amending budget No 2/2011, Draft amending budget No 4/2011, and several transfers,

F.   whereas any potential forthcoming requirements for payments for the year 2011 should be presented taking into account the Joint Statement on payment appropriations adopted by the two branches of the budgetary authority,

1.   Takes note of Draft amending budget No 4/2011;

2.   Notes, with great surprise, the contradictory positions taken by the Council, which approved reinforcements of several programmes under subheading 3a in Draft amending budget No 4/2011 but takes an opposite position on the very same instruments for the financial year 2012 by reducing appropriations;

3.   Recalls, in that respect, that consistency and coherence of Union commitments on its instruments are prerequisites for efficient and optimised spending, which is much sought after in a tense and constrained budgetary environment;

4.   Approves, without amendment, the Council's position on Draft amending budget No 4/2011 and instructs its President to declare that Amending budget No 4/2011 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union;

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

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 68, 15.3.2011.
(3) OJ C 139, 14.6.2006, p. 1.


Mobilisation of the European Globalisation Adjustment Fund: application EGF/2010/017 DK/Midtjylland Machinery/Denmark
PDF 107k   DOC 30k
Resolution
Annex
European Parliament resolution of 28 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/017 DK/Midtjylland Machinery from Denmark) (COM(2011)0421 – C7-0194/2011 – 2011/2159(BUD) )
P7_TA(2011)0415 A7-0309/2011

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2011)0421 – C7-0194/2011 ),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1) (IIA of 17 May 2006), and in particular point 28 thereof,

–   having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund(2) (EGF Regulation),

–   having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

–   having regard to the letter of the Committee on Employment and Social Affairs,

–   having regard to the report of the Committee on Budgets (A7-0309/2011 ),

A.   whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B.   whereas the scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis,

C.   whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF,

D.   whereas Denmark has requested assistance in respect of a case concerning 813 redundancies, of which 325 have been targeted for assistance, in six enterprises operating in the NACE Revision 2 Division 28 (‘Manufacture of machinery and equipment’) in the NUTS II region of Midtjylland (DK04) in Denmark,

E.   whereas the application fulfils the eligibility criteria laid down by the EGF Regulation,

1.   Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates in this sense the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming reviews of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;

2.   Recalls the institutions' commitment to ensuring a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the EGF, providing one-off, time-limited individual support geared to helping workers who have suffered redundancies as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the reintegration of workers made redundant into the labour market, in particular the most vulnerable and least qualified workers;

3.   Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that EGF assistance can co-finance only active labour market measures which lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors;

4.   Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the compatibility and complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports as well;

5.   Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;

6.   Welcomes the reinforcement of the EGF budget line 04 05 01 by EUR 50 000 000 through Amending budget No 3/2011, which will be used to cover the amount needed for this application;

7.   Approves the Decision annexed to this resolution;

8.   Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union ;

9.   Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/017 DK/ Midtjylland Machinery from Denmark)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2011/725/EU.)

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 406, 30.12.2006, p. 1.


Mobilisation of the European Globilisation Adjustment Fund: application EGF/2011/003 DE/Arnsberg and Düsseldorf - automotive industry/Germany
PDF 106k   DOC 30k
Resolution
Annex
European Parliament resolution of 28 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/003 DE/Arnsberg and Düsseldorf automotive from Germany) (COM(2011)0447 – C7-0209/2011 – 2011/2163(BUD) )
P7_TA(2011)0416 A7-0311/2011

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2011)0447 – C7-0209/2011 ),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1) (IIA of 17 May 2006), and in particular point 28 thereof,

–   having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund(2) (EGF Regulation),

–   having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

–   having regard to the letter of the Committee on Employment and Social Affairs,

–   having regard to the report of the Committee on Budgets (A7-0311/2011 ),

A.   whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B.   whereas the scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis,

C.   whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF,

D.   whereas Germany has requested assistance in respect of cases concerning 778 redundancies, all targeted for assistance, in five enterprises operating in the NACE Revision 2 Division 29 (‘Manufacture of motor vehicles, trailers and semi-trailers’) in the NUTS II regions of Arnsberg (DEA5) and Düsseldorf (DEA1) in Germany,

E.   whereas the application fulfils the eligibility criteria laid down by the EGF Regulation,

1.   Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates in this sense the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming reviews of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;

2.   Recalls the institutions' commitment to ensuring a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the EGF, providing one-off, time-limited individual support geared to helping workers who have suffered redundancies as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the reintegration of workers made redundant into the labour market;

3.   Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that the EGF-financed measures should lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors;

4.   Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports as well;

5.   Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;

6.   Welcomes the reinforcement of the EGF budget line 04 05 01 by EUR 50 000 000 through Amending budget No 3/2011, which will be used to cover the amount needed for this application;

7.   Approves the Decision annexed to this resolution;

8.   Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union ;

9.   Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/003 DE/Arnsberg and Düsseldorf automotive from Germany)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2011/724/EU.)

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 406, 30.12.2006, p. 1.


Mobilisation of the European Globalisation Adjustment Fund: application EGF/2010/026 PT/Rohde/Portugal
PDF 105k   DOC 30k
Resolution
Annex
European Parliament resolution of 28 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/026 PT/Rohde from Portugal) (COM(2011)0491 – C7-0222/2011 – 2011/2167(BUD) )
P7_TA(2011)0417 A7-0310/2011

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2011)0491 – C7-0222/2011 ),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1) (IIA of 17 May 2006), and in particular point 28 thereof,

–   having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund(2) (EGF Regulation),

–   having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

–   having regard to the letter of the Committee on Employment and Social Affairs,

–   having regard to the report of the Committee on Budgets (A7-0310/2011 ),

A.   whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B.   whereas the scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis,

C.   whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF,

D.   whereas Portugal has requested assistance in respect of a case concerning 974 redundancies, of which 680 have been targeted for assistance, which affected one enterprise located mainly in the municipality of Santa Maria Da Feira and which also affected the contiguous municipality of Ovar, both located respectively within two NUTS II region Norte and Centro in Portugal,

E.   whereas the application fulfils the eligibility criteria laid down by the EGF Regulation,

1.   Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates in this sense the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming reviews of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;

2.   Recalls the institutions' commitment to ensuring a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the EGF, providing one-off, time-limited individual support geared to helping workers who have suffered redundancies as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the reintegration of workers made redundant into the labour market;

3.   Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that the EGF-financed measures should lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors;

4.   Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports as well;

5.   Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation in order to avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;

6.   Welcomes the reinforcement of the EGF budget line 04 05 01 by EUR 50 000 000 through Amending budget No 3/2011, which will be used to cover the amount needed for this application;

7.   Approves the Decision annexed to this resolution;

8.   Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union ;

9.   Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/026 PT/Rohde from Portugal)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2011/726/EU.)

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 406, 30.12.2006, p. 1.


Modification of concessions in the schedules of Bulgaria and Romania in the course of their accession to the European Union (EU-Argentina agreement) ***
PDF 68k   DOC 31k
European Parliament legislative resolution of 28 September 2011 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (06609/2011 – C7-0104/2011 – 2011/0027(NLE))
P7_TA(2011)0418 A7-0297/2011

(Consent)

The European Parliament ,

–   having regard to the draft Council decision (06609/2011),

–   having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (06610/2011),

–   having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0104/2011 ),

–   having regard to Rules 81 and 90(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on International Trade (A7-0297/2011 ),

1.   Consents to conclusion of the Agreement;

2.   Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Argentine Republic.


Modification of concessions in the schedules of Bulgaria and Romania in the course of their accession to the European Union (EU-Australia agreement) ***
PDF 68k   DOC 31k
European Parliament legislative resolution of 28 September 2011 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (06603/2011 – C7-0144/2011 – 2011/0032(NLE))
P7_TA(2011)0419 A7-0296/2011

(Consent)

The European Parliament ,

–   having regard to the draft Council decision (06603/2011),

–   having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (06604/2011),

–   having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0144/2011 ),

–   having regard to Rules 81 and 90(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on International Trade (A7-0296/2011 ),

1.   Consents to conclusion of the Agreement;

2.   Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Australia.


Modification of concessions in the schedules of Bulgaria and Romania in the course of their accession to the European Union (EU-New Zealand agreement) ***
PDF 70k   DOC 31k
European Parliament legislative resolution of 28 September 2011 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (06536/2011 – C7-0106/2011 – 2011/0029(NLE))
P7_TA(2011)0420 A7-0295/2011

(Consent)

The European Parliament ,

–   having regard to the draft Council decision (06536/2011),

–   having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (06537/2011),

–   having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0106/2011 ),

–   having regard to Rules 81 and 90(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on International Trade (A7-0295/2011 ),

1.   Consents to conclusion of the Agreement;

2.   Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of New Zealand.


Surveillance of budgetary positions and surveillance and coordination of economic policies ***I
PDF 75k   DOC 25k
Resolution
Consolidated text
European Parliament legislative resolution of 28 September 2011 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (COM(2010)0526 – C7-0300/2010 – 2010/0280(COD) )
P7_TA(2011)0421 A7-0178/2011

(Ordinary legislative procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0526 ),

–   having regard to Article 294(2) and Article 121(6) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0300/2010 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Central Bank(1) ,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0178/2011 ),

1.   Adopts its position at first reading hereinafter set out(2) ;

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, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 28 September 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies

P7_TC1-COD(2010)0280


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1175/2011.)

(1) OJ C 150, 20.5.2011, p. 1.
(2) This position replaces the amendments adopted on 23 June 2011 (Texts adopted, P7_TA(2011)0291 ).


Budgetary surveillance in euro area ***I
PDF 81k   DOC 28k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 28 September 2011 on the proposal for a regulation of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area (COM(2010)0524 – C7-0298/2010 – 2010/0278(COD) )
P7_TA(2011)0422 A7-0180/2011

(Ordinary legislative procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0524 ),

–   having regard to Article 294(2) and Articles 121 and 126 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0298/2010 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Central Bank(1) ,

–   having regard to the opinion of the European Economic and Social Committee(2) ,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0180/2011 ),

1.   Adopts its position at first reading hereinafter set out(3) ;

2.   Takes note of the Commission statement annexed to this resolution;

3.   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;

4.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 28 September 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area

P7_TC1-COD(2010)0278


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1173/2011.)

ANNEX

Statement by the Commission

Before the end of 2011, the Commission intends to present a report to the European Parliament and the Council on the setting up of a system of common issuance of European sovereign bonds (eurosecurities) under joint and several liability, in line with Article [13(4)] of the Regulation on the enforcement of budgetary surveillance in the euro area. These eurosecurities would aim to strengthen fiscal discipline and increase stability in the euro area through markets, as well as, by taking advantage of the increase in liquidity, ensuring that Member States enjoying highest credit standards would not suffer from higher interest rates. The report will, if appropriate, be accompanied by legislative proposals.

In the context of its first report to the European Parliament and the Council on the application of this regulation as foreseen in Article [13] the Commission intends to review the functioning of any successor mechanism to the European Financial Stability Mechanism and the European Financial Stabilisation Facility during the period covered by the report. This review will assess the contribution of this mechanism to the preservation of financial stability of the euro area as a whole; to the reinforcement of budgetary discipline among Member States and to the improvement of economic governance and coordination at EU level. It will also assess the effectiveness of the institutional arrangements which govern the aforementioned mechanism and evaluate the possible benefits in terms of effectiveness, efficiency and accountability of different institutional arrangements.

(1) OJ C 150, 20.5.2011, p. 1.
(2) OJ C 218, 23.7.2011, p. 46.
(3) This position replaces the amendments adopted on 23 June 2011 (Texts adopted, P7_TA(2011)0290 ).


Enforcement measures to correct excessive macroeconomic imbalances in euro area ***I
PDF 76k   DOC 25k
Resolution
Consolidated text
European Parliament legislative resolution of 28 September 2011 on the proposal for a regulation of the European Parliament and of the Council on enforcement measures to correct excessive macroeconomic imbalances in the euro area (COM(2010)0525 – C7-0299/2010 – 2010/0279(COD) )
P7_TA(2011)0423 A7-0182/2011

(Ordinary legislative procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0525 ),

–   having regard to Article 294(2), Article 121(6) and Article 136 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0299/2010 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Central Bank(1) ,

–   having regard to the opinion of the European Economic and Social Committee(2) ,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social (A7-0182/2011 ),

1.   Adopts its position at first reading hereinafter set out(3) ;

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, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 28 September 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council on enforcement measures to correct excessive macroeconomic imbalances in the euro area

P7_TC1-COD(2010)0279


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1174/2011.)

(1) OJ C 150, 20.5.2011, p. 1.
(2) OJ C 218, 23.7.2011, p. 53.
(3) This position replaces the amendments adopted on 23 June 2011 (Texts adopted, P7_TA(2011)0292 ).


Prevention and correction of macroeconomic imbalances ***I
PDF 80k   DOC 27k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 28 September 2011 on the proposal for a regulation of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances (COM(2010)0527 – C7-0301/2010 – 2010/0281(COD) )
P7_TA(2011)0424 A7-0183/2011

(Ordinary legislative procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0527 ),

–   having regard to Article 294(2) and Article 121(6) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0301/2010 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Central Bank(1) ,

–   having regard to the opinion of the European Economic and Social Committee(2) ,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0183/2011 ),

1.   Adopts its position at first reading hereinafter set out(3) ;

2.   Takes note of the Commission statement annexed to this resolution;

3.   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;

4.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 28 September 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances

P7_TC1-COD(2010)0281


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1176/2011.)

ANNEX

Statement of the Commission

The Commission welcomes the adoption of the Regulation on the prevention and the correction of macroeconomic imbalances. The Regulation recognises that the nature, importance and urgency of the policy challenges may differ significantly depending on the Member States concerned, and that given vulnerabilities and the magnitude of the adjustment required, the need for policy action is particularly pressing in Member States showing persistently large current-account deficits and competitiveness losses. It also recognises that in Member States that accumulate large current account surpluses, policies should aim to identify and implement the measures that help strengthening their domestic demand and growth potential. In implementing the Regulation, the Commission is fully committed to respect this approach and will ensure that macroeconomic surveillance covers countries with current account deficits and surpluses with appropriate differentiation as regards the urgency of policy responses and the type of corrective actions required.

(1) OJ C 150, 20.5.2011, p. 1.
(2) OJ C 218, 23.7.2011, p. 53.
(3) This position replaces the amendments adopted on 23 June 2011 (Texts adopted, P7_TA(2011)0287 ).


Implementation of excessive deficit procedure *
PDF 183k   DOC 91k
Resolution
Consolidated text
European Parliament legislative resolution of 28 September 2011 on the proposal for a Council regulation amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure (COM(2010)0522 – C7-0396/2010 – 2010/0276(CNS) )
P7_TA(2011)0425 A7-0179/2011

(Special legislative procedure – consultation)

The European Parliament ,

–   having regard to the Commission proposal to the Council (COM(2010)0522 ),

–   having regard to Article 126(14), second subparagraph of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0396/2010 ),

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

–   having regard to the opinion of the European Central Bank(1) ,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0179/2011 ),

1.   Approves the Commission proposal as amended(2) ;

2.   Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

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

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

5.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted on 28 September 2011 with a view to the adoption of Council Regulation (EU) No .../2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure

P7_TC1-CNS(2010)0276


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second subparagraph of Article 126(14) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the Opinion of the European Parliament(3) ,

Having regard to the opinion of the European Central Bank(4) ,

Acting in accordance with a special legislative procedure,

Whereas:

(1)   The coordination of the economic policies of the Member States within the Union, as provided by the Treaty on the Functioning of the European Union (TFEU) , should entail compliance with the guiding principles of stable prices, sound public finances and monetary conditions and a sustainable balance of payments.

(2)   The Stability and Growth Pact initially consisted of Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies(5) , Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure(6) and the Resolution of the European Council of 17 June 1997 on the Stability and Growth Pact(7) . Regulations (EC) No 1466/97 and (EC) No 1467/97 were amended in 2005 by Regulations (EC) No 1055/2005 and (EC) No 1056/2005 respectively. In addition, the Council Report of 20 March 2005 on ‘Improving the implementation of the Stability and Growth Pact’ was adopted.

(3)   The Stability and Growth Pact is based on the objective of sound and sustainable government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability and conducive to employment creation.

(4)   The common framework for economic governance needs to be enhanced, including improved budgetary surveillance, in line with the high degree of integration between Member States economies within the European Union, and particularly in the euro area.

(4a)    The improved economic governance framework should rely on several inter-linked policies for sustainable growth and jobs, which need to be coherent with each other, in particular a Union strategy for growth and jobs, with particular focus upon development and strengthening of the internal market, fostering international trade and competitiveness, an effective framework for preventing and correcting excessive government deficit (the Stability and Growth Pact), a robust framework for preventing and correcting macro-economic imbalances, minimum requirements for national budgetary frameworks, enhanced financial market regulation and supervision including macro-prudential supervision by the European Systemic Risk Board.

(4b)    Achieving and maintaining a dynamic Single Market should be considered an element of the proper and smooth functioning of the economic and monetary union.

(4c)    The Stability and Growth Pact and the complete economic governance framework should complement and support the Union strategy for growth and jobs. Inter-linkages between different strands should not provide for exemptions from the provisions of the Stability and Growth Pact.

(4d)    Strengthening economic governance should include a closer and more timely involvement of the European Parliament and the national parliaments. While recognising that counterparties to the European Parliament in the framework of this dialogue are European institutions and their representatives, t he competent committee of the European Parliament may offer the opportunity to the Member State concerned by Council decision based on Article 126(6) TFEU, Council recommendation in accordance with Article 126(7) TFEU, a notice in accordance with Article 126(9) TFEU or a decision taken pursuant to Article 126(11) TFEU to participate in an exchange of views. Member States' attendance is voluntary.

(4e)    Experience gained and mistakes made during the first decade of functioning of the economic and monetary union show a need for improved economic governance in the Union, which should be built on stronger national ownership of commonly agreed rules and policies and on a more robust surveillance framework at the Union level of national economic policies.

(4f)    The Commission and the Council should when applying this Regulation appropriately take into account all relevant factors and the economic and budgetary situation of the concerned Member States.

(5)   The rules on budgetary discipline should be strengthened in particular by giving a more prominent role to the level and evolution of debt and overall sustainability. Mechanisms to ensure compliance with these rules and their enforcement should also be strengthened.

(5a)    The Commission should have a stronger role in the enhanced surveillance procedure as regards assessments that are specific to each Member State, monitoring, missions, recommendations and warnings.

(6)   Implementing the existing excessive deficit procedure on the basis of both the deficit criterion and the debt criterion requires ▌ a numerical benchmark that takes into account the business cycle against which to assess whether the ratio of government debt to gross domestic product is sufficiently diminishing and approaching the reference value at a satisfactory pace. A transition period should be introduced in order to allow Member States subject to an excessive deficit procedure at the date of adoption of this regulation to adapt their policies to the numerical benchmark for debt reduction . This should equally apply to Member States which are subject to an European Union/International Monetary Fund adjustment programme.

(7)   ▌Non-compliance with the numerical benchmark for debt reduction should not be sufficient for the establishment of an excessive deficit, which should take into account the whole range of relevant factors covered by the Commission report under Article 126(3) TFEU. In particular, the assessment of the effect of the cycle and the composition of the stock-flow adjustment on debt developments may be sufficient to exclude the establishment of an excessive deficit on the basis of the debt criterion.

(8)   In the establishment of the existence of an excessive deficit based on the deficit criterion and the steps leading to it there is a need to take into account the whole range of relevant factors covered by the report under Article 126(3) TFEU if the government debt to gross domestic product does not exceed the reference value.

(8a)    In taking into account systemic pensions reforms among the relevant factors, the central consideration should be whether they enhance the long-term sustainability of the overall pension system, while not increasing risks for the medium-term budgetary position.

(9)   The Commission report under Article 126(3) TFEU should appropriately consider the quality of the national fiscal framework, as it plays a crucial role in supporting fiscal consolidation and sustainable public finances. This consideration should include the minimum requirements as laid down in Council Directive [on requirements for budgetary frameworks of the Member States] as well as other agreed desirable requirements for fiscal discipline.

(10)   In order to support the monitoring of compliance with Council recommendations and notices for the correction of situations of excessive deficit, there is a need that these specify annual budgetary targets consistent with the required fiscal improvement in cyclically adjusted terms, net of one-off and temporary measures. In this context, the 0,5% of GDP annual benchmark should be understood as annual average basis.

(11)   The assessment of effective action will benefit from taking compliance with general government expenditure targets as a reference in conjunction with the implementation of planned specific revenue measures.

(12)   In assessing the case for an extension of the deadline for correcting the excessive deficit, special consideration should be given to severe economic downturns for the euro area or the EU as a whole on condition that this does not endanger fiscal sustainability in the medium term.

(13)   It is appropriate to step up the application of the financial sanctions envisaged by Article 126(11) TFEU so that they constitute a real incentive for compliance with the notices under Article 126(9).

(14)   In order to ensure compliance with the fiscal surveillance framework of the Union for participating Member States, rules-based sanctions should be designed on the basis of Article 136 TFEU, ensuring fair, timely and effective mechanisms for compliance with the Stability and Growth pact rules.

(14a)    Fines collected should be assigned to stability mechanisms to provide financial assistance, created by Member States whose currency is the euro in order to safeguard the stability of the euro area as a whole.

(15)   References contained in Regulation (EC) No 1467/97 should take account of the new Article numbering of the TFEU and to the replacement of Council Regulation (EC) No 3605/93 by Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community(8) .

(16)   Regulation (EC) No 1467/97 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1467/97 is amended as follows:

1.   Article 1 is replaced by the following:"

Article 1

1.   This Regulation sets out the provisions to speed up and clarify the excessive deficit procedure. The objective of the excessive deficit procedure is to deter excessive government deficits and, if they occur, to further prompt their correction, where compliance with the budgetary discipline is examined on the basis of the government deficit and government debt criteria.

2.   For the purpose of this Regulation “participating Member States” shall mean those Member States whose currency is the euro.

"

2.  Article 2 is amended as follows:

   (a) in paragraph 1, the first subparagraph is replaced by the following:"
1.   The excess of a government deficit over the reference value shall be considered exceptional, in accordance with the second indent of Article 126(2) (a) of the Treaty on the Functioning of the European Union (TFEU), when resulting from an unusual event outside the control of the Member State concerned and with a major impact on the financial position of general government, or when resulting from a severe economic downturn. "
   (b) the following paragraph ▌ is inserted:"
1a.   When it exceeds the reference value, the ratio of the government debt to gross domestic product (GDP) is to be considered sufficiently diminishing and approaching the reference value at a satisfactory pace in accordance with Article 126(2)(b) TFEU if the differential with respect to the reference value has decreased over the previous three years at an average rate of ▌ one-twentieth per year as a benchmark, based on the changes over the last three years for which the data is available. The requirement under the debt criterion shall also be considered to be fulfilled if the budgetary forecasts as provided by the Commission indicate that the required reduction in the differential will occur over the three-year period encompassing the two years following the final year for which the data is available. For a Member State that is subject to an excessive deficit procedure at [date of adoption of this Regulation - to be inserted] and for a period of three years from the correction of the excessive deficit, the requirement under the debt criterion shall be considered fulfilled if the Member State concerned makes sufficient progress towards compliance as assessed in the Opinion adopted by the Council on its Stability or Convergence Programme.
In implementing the debt adjustment benchmark, account should be taken of the influence of the cycle on the pace of debt reduction. "
   (c) paragraph 3 is replaced by the following:"
3.  The Commission, when preparing a report under Article 126(3) TFEU shall take into account all relevant factors as indicated in that Article, insofar as they significantly affect the assessment of compliance with the deficit and debt criteria by the concerned Member State . The report shall appropriately reflect:
   The developments in the medium-term economic position in particular potential growth, including the different contributions provided by labour, capital accumulation and total factor productivity, cyclical developments and the private sector net savings position;
   The developments in the medium term budgetary positions (in particular, the record of adjustment towards the medium-term budgetary objective, the level of the primary balance and developments in primary expenditure, both current and capital , the implementation of policies in the context of the prevention and correction of excessive macroeconomic imbalances, the implementation of policies in the context of common growth strategy of the Union and the overall quality of public finances, in particular the effectiveness of national budgetary frameworks) ▌;
   The report shall also analyse developments in the medium-term government debt position, its dynamics and sustainability (in particular, ▌ risk factors including the maturity structure and currency denomination of the debt, stock-flow adjustment and its composition , accumulated reserves and other financial assets; guarantees, notably linked to the financial sector; and any implicit liabilities ▌ related to ageing and private debt to the extent that it may represent a contingent implicit liability for the government);
   Furthermore, the Commission shall give due and explicit consideration to any other factors which, in the opinion of the Member State concerned, are relevant in order to comprehensively assess compliance with deficit and debt criteria and which the Member State has put forward to the Council and the Commission. In that context, particular consideration shall be given to: financial contributions to fostering international solidarity and to achieving the Union policy goals; the debt incurred in the form of bilateral and multilateral support between Member States in the context of safeguarding financial stability; the debt related to financial stabilisation operations during major financial disturbances .
"
   (d) paragraph 4 is replaced by the following:"
4.   The Commission and the Council shall make a balanced overall assessment of all the relevant factors, specifically, the extent to which they affect the assessment of compliance with the deficit and/or the debt criteria as aggravating or mitigating factors. When assessing compliance on the basis of the deficit criterion, if the ratio of the government debt to GDP exceeds the reference value, these factors shall be taken into account in the steps leading to the decision on the existence of an excessive deficit provided for in paragraphs 4, 5 and 6 of Article 126 TFEU only if the double condition of the overarching principle ‐ that, before these relevant factors are taken into account, the general government deficit remains close to the reference value and its excess over the reference value is temporary ‐ is fully met.
However, these factors shall be taken into account in the steps leading to the decision on the existence of an excessive deficit when assessing compliance on the basis of the debt criterion. "
   (da) paragraph 5 is replaced by the following: "
5.    The Commission and the Council, when assessing compliance with the deficit and debt criterion and in the subsequent steps of the excessive deficit procedure, shall give due consideration to the implementation of pension reforms introducing a multi-pillar system that includes a mandatory, fully funded pillar and the net cost of the publicly managed pillar. In particular, consideration shall be given to the features of the overall pension system created by the reform, namely whether it promotes long-term sustainability while not increasing risks for the medium-term budgetary position. "
   (db) paragraph 6 is replaced by the following: "
6.    If the Council, on the basis of the proposal of the Commission, has decided, on the basis of Article 126(6) TFEU, that an excessive deficit exists in a Member State, the Council and the Commission shall take into account the relevant factors referred to in paragraph 3, as they affect the situation of the concerned Member State, also in the subsequent procedural steps of Article 126 TFEU, including as specified in Articles 3(5) and 5(2) of this Regulation, in particular in establishing a deadline for the correction of the excessive deficit and eventually extending it. However, those relevant factors shall not be taken into account for the decision of the Council under Article 126(12) TFEU on the abrogation of some or all of its decisions under paragraphs 6 to 9 and 11 of Article 126 TFEU. "
   (e) paragraph 7 is replaced by the following:"
7.   In the case of Member States where the excess of the deficit over the reference value reflects the implementation of a pension reform introducing a multi-pillar system that includes a mandatory, fully funded pillar, the Commission and the Council shall also consider the cost of the reform ▌ when assessing developments of deficit ▌ figures in excessive deficit procedure as long as the deficit does not significantly exceed a level that can be considered ▌close to the reference value and the debt ratio does not exceed the reference value on condition that overall fiscal sustainability is maintained . ▌The net cost ▌shall be taken into account also for the decision of the Council under Article 126(12) TFEU on the abrogation of some or all of its decisions under paragraphs 6 to 9 and 11 of Article 126 TFEU, if the deficit has declined substantially and continuously and has reached a level that comes close to the reference value ▌. "

2a.    The following section is inserted: "

SECTION 1a

ECONOMIC DIALOGUE

Article 2a

1.    In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council, the Commission and, where appropriate, the President of the European Council or the President of the Eurogroup to appear before the committee to discuss Council decision based on Article 126(6) TFEU, Council recommendation based on Article 126(7) TFEU and notice under Article 126(9) TFEU and decisions taken pursuant to Article 126(11) TFEU.

The Council is expected to, as a rule, follow the recommendations and proposals of the Commission or explain its position publicly.

The competent committee of the European Parliament may offer the opportunity to the Member State concerned by such recommendation, notice and decisions to participate in an exchange of views.

2.    The Commission and the Council shall regularly inform the European Parliament of the application of this Regulation.

"

3.  Article 3 is amended as follows:

   (a) paragraph 2 is replaced by the following:"
2.   Taking fully into account the opinion referred to in paragraph 1, the Commission, if it considers that an excessive deficit exists, shall address an opinion and a proposal to the Council in accordance with Article 126(5) and (6) TFEU and shall inform the European Parliament . "
   (b) In paragraph 3, the reference to ‘Article 4(2) and (3) of Regulation (EC) No 3605/93’ is replaced by the reference to ‘Article 3(2) and (3) of Regulation (EC) No 479/2009’.
   (c) paragraph 4 is replaced by the following:"
4.   The Council recommendation made in accordance with Article 126(7) TFEU shall establish a deadline of no longer than six months ▌for effective action to be taken by the Member State concerned. When warranted by the seriousness of the situation, the deadline for effective action may be three months. The Council recommendation shall also establish a deadline for the correction of the excessive deficit, which should be completed in the year following its identification unless there are special circumstances. In its recommendation, the Council shall request that the Member State achieves annual budgetary targets which, on the basis of the forecast underpinning the recommendation, are consistent with a minimum annual improvement of at least 0,5 % of GDP as a benchmark, in its cyclically adjusted balance net of one-off and temporary measures, in order to ensure the correction of the excessive deficit within the deadline set in the recommendation. "
   (d) the following paragraph ▌ is inserted:"
4a.   Within the deadline ▌ provided for in paragraph 4, the Member State concerned shall report to the Commission and the Council on action taken in response to the Council recommendation under Article 126(7) TFEU. The report shall include the targets for ▌ government expenditure and revenue and for the discretionary measures on both the expenditure and the revenue side consistent with the Council recommendation under Article 126(7) TFEU, as well as information on the measures taken and the nature of those envisaged to achieve the targets. The report shall be made public. "
   (e) paragraph 5 is replaced by the following:"
5.   If effective action has been taken in compliance with a recommendation under Article 126(7) TFEU and unexpected adverse economic events with major unfavourable consequences for government finances occur after the adoption of that recommendation, the Council may decide, on a recommendation from the Commission, to adopt a revised recommendation under Article 126(7) TFEU. The revised recommendation, taking into account the relevant factors referred to in Article 2(3) of this Regulation, may notably extend the deadline for the correction of the excessive deficit by one year as a rule. The Council shall assess the existence of unexpected adverse economic events with major unfavourable consequences for government finances against the economic forecasts in its recommendation. In case of a severe economic downturn for the euro area or the EU as a whole, the Council may also decide, on a recommendation from the Commission, to adopt a revised recommendation under Article 126(7) TFEU on condition that this does not endanger fiscal sustainability in the medium-term. "

4.   Article 4 is amended as follows:

(a) paragraph 1 is replaced by the following: "

1.    Any Council decision to make public its recommendations, where it is established that no effective action has been taken in accordance with Article 126(8) TFEU, shall be taken immediately after the expiry of the deadline set in accordance with Article 3(4) of this Regulation.

"

(b)    ▌paragraph 2 is replaced by the following:"

2.   The Council, when considering whether effective action has been taken in response to its recommendations made in accordance with Article 126(7) TFEU, shall base its decision on the report submitted by the Member State concerned in accordance with Article 3(4a) of this Regulation and its implementation as well as on any other publicly announced decisions by the Government of the Member State concerned.

Where the Council establishes, in accordance with Article 126(8) TFEU, that the Member State concerned has failed to take effective action, it shall report to the European Council accordingly.

"

5.  Article 5 is amended as follows:

   (a) paragraph 1 is replaced by the following:"
1.   Any Council decision to give notice to the participating Member State concerned to take measures for the deficit reduction in accordance with Article 126(9) TFEU shall be taken within two months of the Council decision establishing that no effective action has been taken in accordance with Article 126(8). In the notice, the Council shall request that the Member State achieve annual budgetary targets which, on the basis of the forecast underpinning the notice, are consistent with a minimum annual improvement of at least 0,5 % of GDP as a benchmark, in its cyclically adjusted balance net of one-off and temporary measures, in order to ensure the correction of the excessive deficit within the deadline set in the notice. The Council shall also indicate measures conducive to the achievement of these targets. "
   (b) the following paragraph ▌ is inserted:"
1a.   Following the Council notice given in accordance with Article 126(9) TFEU, the Member State concerned shall report to the Commission and the Council on action taken in response to the Council notice. The report shall include the targets for the government expenditure and revenue and for the discretionary measures on both the expenditure and the revenue side as well as information on the actions being taken in response to the specific Council recommendations so as to allow the Council to take, if necessary, the decision in accordance with Article 6 (2) of this Regulation. The report shall be made public. "
   (c) paragraph 2 is replaced by the following:"
2.   If effective action has been taken in compliance with a notice under Article 126(9) TFEU and unexpected adverse economic events with major unfavourable consequences for government finances occur after the adoption of that notice, the Council may decide, on a recommendation from the Commission, to adopt a revised notice under Article 126(9) TFEU. The revised notice, taking into account the relevant factors referred to in Article 2(3) of this Regulation, may notably extend the deadline for the correction of the excessive deficit by one year as a rule. The Council shall assess the existence of unexpected adverse economic events with major unfavourable consequences for government finances against the economic forecasts in its notice. In case of a severe economic downturn for the euro area or the EU as a whole, the Council may also decide, on a recommendation from the Commission, to adopt a revised notice under Article 126(9) TFEU, on condition that this does not endanger fiscal sustainability in the medium-term . "

6.   Article 6 is replaced by the following:"

Article 6

1.   The Council, when considering whether effective action has been taken in response to its notice made in accordance with Article 126(9) TFEU, shall base its decision on the report submitted by the Member State concerned in accordance to Article 5(1a) of this Regulation and its implementation as well as on any other publicly announced decisions by the Government of the Member State concerned. The outcome of the surveillance mission carried out by the Commission in accordance with Article 10a shall be taken into account.

2.   Where the conditions to apply Article 126(11) TFEU are met, the Council shall impose sanctions in accordance with Article 126(11) TFEU. Any such decision shall be taken no later than four months after the Council decision giving notice to the participating Member State concerned to take measures in accordance with Article 126(9) TFEU.

"

7.   ▌Article 7 is replaced by the following: "

Article 7

If a participating Member State fails to act in compliance with the successive decisions of the Council in accordance with Article 126(7) and (9) TFEU, the decision of the Council to impose sanctions in accordance with Article 126(11) TFEU shall be taken as a rule within sixteen months of the reporting dates established in Article 3(2) and (3) of Regulation (EC) No 479/2009. In case Article 3(5) or 5(2) of this Regulation is applied, the sixteen-month deadline is amended accordingly. An expedited procedure shall be used in the case of a deliberately planned deficit which the Council decides is excessive.“.

8.   Article 8 is replaced by the following:

“Article 8

Any Council decision to intensify sanctions, in accordance with Article 126(11) TFEU, shall be taken no later than two months after the reporting dates pursuant to Regulation (EC) No 479/2009. Any Council decision to abrogate some or all of its decisions in accordance with Article 126(12) TFEU shall be taken as soon as possible and in any case no later than two months after the reporting dates pursuant to Regulation (EC) No 479/2009.

"

9.   In the third paragraph of Article 9, the reference to ‘Article 6’ is replaced by the reference to ‘Article 6(2)’.‘.

10.  Article 10 is amended as follows:

   (a) the introductory phrase of paragraph 1 is replaced by the following:"
1.   The Commission and the Council shall regularly monitor the implementation of action taken: "
   10a. in paragraph 3, the reference to ‘Regulation (EC) No 3605/93’ is replaced by a reference to ‘Regulation (EC) No 479/2009.’.

The following article is inserted: "

Article 10a

1.    The Commission shall maintain a permanent dialogue with authorities of the Member States in accordance with the objectives of this Regulation. To that end, the Commission shall, in particular, carry out missions for the purpose of the assessment of the actual economic situation in the Member State and the identification of any risks or difficulties in complying with the objectives of this Regulation.

2.    Enhanced surveillance may be undertaken for Member States which are the subject of recommendations and notices issued following a decision pursuant to Article 126(8) and decisions under Article 126(11) TFEU for the purposes of monitoring in situ. The Member States concerned shall provide all necessary information for the preparation and the conduct of the mission.

3.    When the Member State concerned is a Member State whose currency is the euro or participating in ERM II, the Commission may invite representatives of the European Central Bank, if appropriate, to participate in surveillance missions.

4.    The Commission shall report to the Council on the outcome of the mission referred to in the second paragraph and if appropriate may decide to make its findings public.

5.    When organising surveillance missions referred to in the second paragraph, the Commission shall transmit its provisional findings to the Member States concerned for comments.

"

11.   Article 11 is replaced by the following:"

Article 11

Whenever the Council decides to apply sanctions to a participating Member State in accordance with Article 126(11) TFEU, a fine shall, as a rule, be required. The Council may decide to supplement this fine by the other measures provided for in Article 126(11) TFEU.

"

12.   Article 12 replaced by the following:"

Article 12

1.   The amount of the fine shall comprise a fixed component equal to 0,2 % of GDP, and a variable component. The variable component shall amount to one tenth of the difference between the deficit as a percentage of GDP in the preceding year and either the reference value for government deficit or, if non compliance with budgetary discipline includes the debt criterion, the general government balance as a percentage of GDP that should have been achieved in the same year according to the notice issued under Article 126(9) TFEU.

2.   Each following year, until the decision on the existence of an excessive deficit is abrogated, the Council shall assess whether the participating Member State concerned has taken effective action in response to the Council notice in accordance with Article 126(9) TFEU. In this annual assessment the Council shall decide, in accordance with Article 126(11) TFEU, to intensify the sanctions, unless the participating Member State concerned has complied with the Council notice. If an additional fine is decided, it shall be calculated in the same way as for the variable component of the fine in paragraph 1.

3.   Any single fine referred to in paragraphs 1 and 2 shall not exceed the upper limit of 0,5 % of GDP.

"

13.   Article 13 is repealed and the reference to it in Article 15 is replaced by a reference to ‘Article 12’.

14.   Article 16 is replaced by the following:"

Article 16

Fines referred to in Article 12 of this Regulation shall constitute other revenue, as referred to in Article 311 TFEU, and shall be assigned to the European Financial Stability Facility. By the moment another stability mechanism to provide financial assistance is created by Member States whose currency is the euro in order to safeguard the stability of the euro area as a whole, the fines shall be assigned to that last mechanism.

"

14a.    The following article is inserted: "

Article 17a

1.    Within three years after the entry into force of this Regulation and every five years thereafter, the Commission shall publish a report on the application of this Regulation.

That report shall evaluate, inter alia:

   (a) the effectiveness of the regulation;
   (b) the progress in ensuring closer coordination of economic policies and sustained convergence of economic performances of the Member States in accordance with the TFEU.

2.    Where appropriate, this report shall be accompanied by a proposal for amendments to this Regulation.

3.    The report shall be forwarded to the European Parliament and the Council.

"

15.   All references to ‘Article 104’ are replaced throughout the Regulation by references to ‘Article 126 TFEU.

16.   In point 2 of the Annex, the references in Column I to ‘Article 4 (2) and (3) of Council Regulation (EC) No 3605/93’ are replaced by references to ‘Article 3(2) and (3) of Council Regulation (EC) No 479/2009’.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at,

For the Council

The President

(1) OJ C 150, 20.5.2011, p. 1.
(2) This position replaces the amendments adopted on 23 June 2011 (Texts adopted P7_TA(2011)0288 ).
(3) Opinion of the European Parliament of 28 September 2011.
(4) OJ C 150, 20.5.2011, p. 1.
(5) OJ L 209, 2.8.1997, p. 1.
(6) OJ L 209, 2.8.1997, p. 6.
(7) OJ C 236, 2.8.1997, p. 1.
(8) OJ L 145, 10.6.2009, p. 1.


Requirements for budgetary frameworks of Member States *
PDF 76k   DOC 38k
Resolution
Annex
European Parliament legislative resolution of 28 September 2011 on the proposal for a Council directive on requirements for budgetary frameworks of the Member States (COM(2010)0523 – C7-0397/2010 – 2010/0277(NLE))
P7_TA(2011)0426 A7-0184/2011

(Consultation)

The European Parliament ,

–   having regard to the Commission proposal to the Council (COM(2010)0523 ),

–   having regard to Article 126(14), third subparagraph, of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0397/2010 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to the opinion of the European Central Bank(1) ,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Employment and Social Affairs (A7-0184/2011 ),

1.   Approves the Commission proposal as amended on 23 June 2011(2) ;

2.   Approves its statement annexed to this resolution;

3.   Takes note of the Council statement annexed to this resolution;

4.   Takes note of the Commission statement annexed to this resolution;

5.   Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

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

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

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

ANNEX

Statement by the European Parliament on correlation tables

As regards the proposal for a Council Directive on requirements for budgetary frameworks of the Member States, it is hereby declared that the agreement reached between the European Parliament and the Council, in the context of the global agreement on the economic governance package and the fact of the specific legislative act being a Council Directive, does not prejudge the outcome of inter-institutional negotiations on correlation tables.

Statement by the Council

It is hereby declared that the global agreement reached between the Council and the European Parliament concerning the Regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies, the Regulation of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area, the Regulation of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances, the Regulation of the European Parliament and of the Council on enforcement measures to correct excessive macroeconomic imbalances in the euro area, the Council Regulation amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure and the Council Directive on requirements for budgetary frameworks of the Member States,  does not prejudge the outcome of inter-institutional negotiations on correlation tables.

Statement by the Commission

The Commission recalls its commitment towards ensuring that Member States establish correlation tables linking the transposition measures they adopt with the EU directive and communicate them to the Commission in the framework of transposing EU legislation, in the interest of citizens, better-law making and increasing legal transparency and to assist the examination of the conformity of national rules with EU provisions.

The Commission regrets the lack of support for the provision included in the proposal for a Council Directive on requirements for budgetary frameworks of the Member States, which aimed at rendering the establishment of correlation tables obligatory.

The Commission, in a spirit of compromise and in order to ensure the immediate adoption of that proposal, can accept the substitution of the obligatory provision on correlation tables included in the text with the provisions encouraging Member States to follow this practice.

However, the position followed by the Commission in this file shall not be considered as a precedent. The Commission will continue its efforts with a view to finding together with the European Parliament and the Council an appropriate solution to this horizontal institutional issue.

(1) OJ C 150, 20.5.2011, p. 1.
(2) Texts adopted, P7_TA(2011)0289 .


Sexual orientation and gender identity at the UN Human Rights Council
PDF 93k   DOC 43k
European Parliament resolution of 28 September 2011 on human rights, sexual orientation and gender identity at the United Nations
P7_TA(2011)0427 B7-0523/2011

The European Parliament ,

–   having regard to the Universal Declaration of Human Rights, to the European Convention on Human Rights, and to the EU Charter of Fundamental Rights,

–   having regard to UN General Assembly Resolution A/RES/60/251 establishing the United Nations Human Rights Council (UNHRC),

–   having regard to the Declaration of 16 March 2006 by the Presidency of the Council of the European Union on behalf of the European Union on the establishment of the UNHRC,

–   having regard to its resolution of 10 March 2011 on the 16th session of the UNHRC(1) ,

–   having regard to its resolution of 16 December 2010 on Human Rights in the World in 2009 and EU policy on the matter(2) ,

–   having regard to previous joint statements and declarations at the United Nations, including the Joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity of 22 March 2011 at the Human Rights Council, and the Declaration on Human Rights and Sexual Orientation and Gender Identity of 18 December 2008 at the General Assembly,

–   having regard to the UNHRC resolution A/HRC/17/19 of 17 June 2011 on Human rights, sexual orientation and gender identity,

–   having regard to the 17th session of the UNHRC, which adopted resolution A/HRC/17/19 on Human rights, sexual orientation and gender identity, and the 19th session of the UNHRC, which will hold the panel discussion mandated by resolution A/HRC/17/19,

–   having regard to the Council of Europe Parliamentary Assembly resolution 1728 of 29 April 2010 on Discrimination on the basis of sexual orientation and gender identity, and the Committee of Ministers recommendation CM/Rec(2010)5 of 31 March 2010 on measures to combat discrimination on grounds of sexual orientation or gender identity,

–   having regard to the Organization of American States resolution AG/RES. 2653 of 7 June 2011 on Human rights, sexual orientation and gender identity,

–   having regard to the report ‘Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity’ by the Fundamental Rights Agency (November 2010),

–   having regard to Articles 2, 3(5), 18, 21 and 27 of the Treaty on European Union, and Article 10 of the Treaty on the Functioning of the European Union,

–   having regard to the Council of the European Union's Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender (LGBT) People,

–   having regard to the statement by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security on human rights, sexual orientation and gender identity at the United Nations,

–   having regard to Rule 110(2) of its Rules of Procedure,

A.   whereas respect for, and the promotion and safeguarding of, the universality of human rights is part of the European Union's ethical and legal acquis and one of the cornerstones of European unity and integrity;

B.   whereas numerous human rights violations linked to sexual orientation and gender identity occur daily in the European Union as well as in third countries;

C.   whereas the European Union and its Member States should guarantee respect for human rights in their own policies and practice, so as to strengthen and make credible the European Union's position in the UNHRC;

D.   whereas the European Union attaches paramount importance to universal and indivisible human rights;

E.   whereas the European Union already includes sexual orientation and gender identity in its work at the United Nations, within regional bodies and some of its bilateral human rights dialogues;

F.   whereas the UNHRC resolution on Human rights, sexual orientation and gender identity is the first resolution adopted at the United Nations dealing specifically with sexual orientation and gender identity;

G.   whereas states from all regions, including all EU Member States at the UNHRC, voted in favour of the resolution on Human rights, sexual orientation and gender identity, and 21 EU Member States sponsored the resolution;

H.   whereas several United Nations human rights treaty bodies, special rapporteurs and agencies, as well as the United Nations Secretary-General and High Commissioner for Human Rights, have expressed grave concerns about human rights violations experienced by LGBT people worldwide;

I.   whereas other regional institutions, including the Council of Europe and the Organization of American States, recently adopted resolutions condemning human rights abuses on grounds of sexual orientation and gender identity;

1.   Reiterates its concern regarding the numerous human rights violations and widespread discrimination based on sexual orientation and gender identity, both in the European Union and in third countries;

2.   Acknowledges and supports the work already undertaken by the Human Rights Council, the UN Secretary-General, the High Commissioner for Human Rights, UN human rights treaty bodies, special rapporteurs and other UN agencies to ensure that international human rights standards apply fully, regardless of a person's sexual orientation and gender identity;

3.   Welcomes the adoption of resolution A/HRC/17/19 on Human rights, sexual orientation and gender identity by the Human Rights Council;

4.   Draws attention to the fact that the resolution was supported by states from all regions and authored by South Africa; reiterates that human rights are universal and indivisible, and apply equally to all regardless of their sexual orientation and gender identity;

5.   Supports the organisation of a panel discussion during the 19th session of the Human Rights Council in spring 2012 to have ‘constructive, informed and transparent dialogue on the issue of discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity’; takes the view that holding a respectful and open dialogue on human rights, sexual orientation and gender identity among UN Member States from all regions is indispensable;

6.   Welcomes the longstanding support of EU Member States and the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy for including sexual orientation and gender identity in the work of the Human Rights Council and of other UN bodies, including in the case of earlier joint statements and declarations;

7.   Recalls that the Toolkit to Promote and Protect the Enjoyment of all Human Rights by LGBT People of the Working Party on Human Rights of the Council of the European Union mentions the decriminalisation of homosexuality in the world, equality and non-discrimination, and the protection of human rights defenders as key priorities; takes the view that the High Representative, all EU institutions and Member States should uphold these priorities systematically at home and in their foreign relations;

8.   Calls on the High Representative and Member States to systematically promote, in partnership with third countries, the protection and respect of human rights in relation to sexual orientation and gender identity at the United Nations and in other multilateral fora, and bilaterally in their human rights dialogues;

9.   Encourages Member States to engage constructively, and in partnership with third countries, with the Universal Periodic Review and treaty body procedures to ensure that human rights in relation to sexual orientation and gender identity are fully upheld in the European Union and in third countries; to this end, encourages Member States and the High Representative to ensure consistency between the EU's external and internal action in the field of human rights, as provided for by Article 21(3) of the Treaty on European Union;

10.   Calls on the High Representative, the Commission and Member States to further promote, in partnership with third countries, human rights in relation to sexual orientation and gender identity through bilateral human rights dialogues, the European Instrument for Democracy and Human Rights (EIDHR) and other external financial instruments;

11.   Regrets that the rights of lesbian, gay, bisexual and transgender people are not yet always fully upheld in the European Union, including the right to bodily integrity, the right to private and family life, the right to freedom of opinion and expression, the right to freedom of assembly, the right to non-discrimination, the right to freedom of movement, including the right to free movement for same-sex couples and their families, the right of access to preventive health care, the right to medical treatment and the right to asylum;

12.   Recalls Member States' obligation to protect or grant asylum to third country nationals escaping or risking persecution in their country of origin on the basis of their sexual orientation, as laid down in Council Directive 2004/83/EC(3) of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;

13.   Roundly condemns the fact that homosexuality, bisexuality and transsexuality are still regarded as mental illnesses by some countries, including within the EU, and calls on states to combat this; calls in particular for the depsychiatrisation of the transsexual, transgender, journey, for free choice of care providers, for changing identity to be simplified, and for costs to be met by social security schemes;

14.   Draws attention to the findings of the European Union's Fundamental Rights Agency in its report ‘Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity’; calls on the Commission and Member States to act on the opinions contained therein to the greatest possible extent;

15.   Calls on Member States, the Commission and the EEAS to fully address these inequalities; reiterates its request that the Commission produce a comprehensive roadmap against homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity;

16.   Calls on the Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders, and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11);

17.   Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security, the Commission, the Council of the European Union, the governments and parliaments of the Member States, the United Nations High Commissioner for Human Rights and the United Nations Secretary-General.

(1) Texts adopted, P7_TA(2011)0097 .
(2) Texts adopted, P7_TA(2010)0489 .
(3) OJ L 304, 30.9.2004, p. 12.

Last updated: 7 January 2013Legal notice