RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries

30.11.2012 - (11917/1/2012 – C7–0328/2012 – 2010/0197(COD)) - ***II

Committee on International Trade
Rapporteur: Vital Moreira

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries

(11917/1/2012 – C7–0328/2012 – 2010/0197(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (11917/1/2012 – C7–0328/2012),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2010)0344),

–   having regard to the letter of the Chair of the Committee on International Trade of 31 May 2012 undertaking to recommend to the plenary to approve Council's position at first reading,

–   having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 72 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on International Trade (A7-0389/2012),

1.  Approves the Council position at first reading;

2.  Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution;

3.  Notes that the act is adopted in accordance with the Council position;

4.  Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

5.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union, together with the joint statement by Parliament, the Council and the Commission;

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

• [1]  Texts adopted of 10.5.2011, P7_TA(2011)0206.

ANNEX

Statement by the European Parliament, the Council and the Commission

The fact that this Regulation, including recitals 17, 18 and 19, provides for the use of the procedures referred to in Regulation (EU) No 182/2011 does not constitute a precedent as to future regulations allowing the Union to empower the Member States under Article 2(1) TFEU to legislate and adopt legally binding acts in areas of Union exclusive competence. Furthermore, in this Regulation, the use of the advisory as opposed to the examination procedure shall not be considered as setting a precedent for future regulations establishing the framework for the common commercial policy.

PROCEDURE

Title	Transitional arrangements for bilateral investment agreements between Member States and third countries
References	11917/1/2012 – C7-0328/2012 – 2010/0197(COD)
Date of Parliament’s first reading – P number	10.5.2011                     T7-0206/2011
Commission proposal	COM(2010)0344 - C7-0172/2010
Receipt of Council position at first reading announced in plenary	25.10.2012
Committee responsible        Date announced in plenary	INTA 25.10.2012
Rapporteur(s)        Date appointed	Vital Moreira 6.11.2012
Discussed in committee	6.11.2012
Date adopted	27.11.2012
Result of final vote	+: –: 0:	20 4 0
Members present for the final vote	Laima Liucija Andrikienė, Daniel Caspary, María Auxiliadora Correa Zamora, Christofer Fjellner, Franziska Keller, Bernd Lange, Paul Murphy, Cristiana Muscardini, Helmut Scholz, Peter Šťastný, Gianluca Susta, Henri Weber, Jan Zahradil
Substitute(s) present for the final vote	Josefa Andrés Barea, George Sabin Cutaş, Mário David, Elisabeth Köstinger, Marietje Schaake, Inese Vaidere
Substitute(s) under Rule 187(2) present for the final vote	Isabelle Durant, Francisco José Millán Mon, José Ignacio Salafranca Sánchez-Neyra, Ivo Strejček, Renate Weber
Date tabled	30.11.2012