REPORT on the proposal for a Council regulation temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products into the autonomous regions of Madeira and the Azores

15.7.2010 - (09109/2010 – C7‑0106/2010 – 2009/0125(CNS)) - *

(Renewed consultation)
Committee on Regional Development
Rapporteur: Danuta Maria Hübner

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products into the autonomous regions of Madeira and the Azores

(09109/2010 – C7‑0106/2010 – 2009/0125(CNS))

(Consultation procedure – renewed consultation)

The European Parliament,

–   having regard to the Council draft (09109/2010),

–   having regard to the Commission proposal to the Council (COM(2009)0370),

–   having regard to its position of 20 January 2010[1],

–   having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council again consulted Parliament (C7‑0106/2010),

–   having regard to Rules 55 and 59(3) of its Rules of Procedure,

–   having regard to the report of the Committee on Regional Development (A7‑0232/2010),

1.  Approves the Council draft as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 293 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 amend the draft substantially or replace it with another text;

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

Amendment  1 Council draft Article 6a – paragraph 2
Council draft	Amendments by Parliament
2. As soon as it adopts a delegated act, the Commission shall notify it to the Council.	2. As soon as it adopts a delegated act, the Commission shall notify it to the European Parliament and the Council.
Amendment  2 Council draft Article 6b – paragraph 2
Council draft	Amendments by Parliament
2. Where the Council has commenced an internal procedure for deciding whether to revoke the delegation of powers, it shall endeavour to inform the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.	2. Where the Council has commenced an internal procedure for deciding whether to revoke the delegation of powers, it shall endeavour to inform the European Parliament and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.
Amendment  3 Council draft Article 6c – paragraph 1
Council draft	Amendments by Parliament
1. The Council may object to the delegated acts within a period of three months from the date of notification.	1. The Council may object to the delegated acts within a period of three months from the date of notification. If it intends to object, the Council shall endeavour to inform the European Parliament within a reasonable time before it takes the final decision, indicating the delegated act to which it intends to object and the possible reasons for its objection.

• [1]       Texts Adopted, P7_TA(2010)0002.

EXPLANATORY STATEMENT

In its explanatory memorandum the European Commission informs the Council and Parliament that the regional authorities in Madeira and the Azores have requested the temporary suspension of the Common Customs tariff duties in order to strengthen the competitive position of the local economic operators and stabilise employment in these outermost regions of the Union.

In order to ensure that the goods imported, be they raw materials parts or finished products, do not distort competition; they will be subject to controls ensuring their use by local companies on the islands for a period of at least two years before they can be sold freely to companies situated in other parts of the Union.

An evaluation of the impact of these measures is not possible as they are an integral part of a series of measures adapted to the specific problems of these islands. However the measures will have an impact on the own resources /revenue of the Union which the European Commission estimates to be -0.12/year for the period 2010-2019.

Clearly the effects of this proposed suspension will be limited to the regions concerned and will assist local SMEs and farmers to invest and generate jobs in this outermost region of the Union. In the present economic downturn, the need to take specific measures to stimulate economic activity, and stabilise employment over the medium term may be seen to fit well with the European economic recovery plan and the measures required to meet the special problems of the outermost regions of the Union.

The Fifth amendment proposed in Parliament's initial report adopted on 20 January 2010, was not retained by the European Commission as it purported to extend the list of goods covered b y this temporary suspension thus altering both the initial proposal and the initial request formulated by the Portuguese government. Therefore, the Commission seized Council of its original unmodified proposal in January 2010.

The Treaty on TFEU entered into force on 1 December 2009. Consequently the Council was obliged to on the one hand amend the proposal by replacing the provisions dealing with the comitology procedure with new provisions dealing with delegated powers.

On the advice of a number of Parliament's services, and in order to clarify the legal situation concerning the granting and revocation of delegated powers under a special legislative procedure' as in this case, the Chair requested Parliament's Legal Service for its opinion. This has now been received and it is now clear that the relevant provisions inserted into the text by Council require amending so as to ensure Parliament is informed of any changes Council makes to the Status of the delegated acts.

In view of the above, your rapporteur proposes that the Commission proposal be adopted as amended.

PROCEDURE

Title	Temporary suspension of autonomous Common Customs Tariff duties on imports of certain industrial products into Madeira and the Azores
References	09109/2010 – C7-0106/2010 – COM(2009)0370 – C7-0222/2009 – 2009/0125(CNS)
Date of consulting Parliament	14.10.2009
Committee responsible        Date announced in plenary	REGI 19.5.2010
Committee(s) asked for opinion(s)        Date announced in plenary	BUDG 19.5.2010		IMCO 19.5.2010
Not delivering opinions        Date of decision	BUDG 10.5.2010		IMCO 24.6.2010
Rapporteur(s)        Date appointed	Danuta Maria Hübner 3.6.2010
Date adopted	13.7.2010
Result of final vote	+: –: 0:	38 0 1
Members present for the final vote	François Alfonsi, Luís Paulo Alves, Charalampos Angourakis, Catherine Bearder, Victor Boştinaru, Zuzana Brzobohatá, John Bufton, Alain Cadec, Salvatore Caronna, Francesco De Angelis, Tamás Deutsch, Rosa Estaràs Ferragut, Danuta Maria Hübner, Filiz Hakaeva Hyusmenova, Seán Kelly, Evgeni Kirilov, Petru Constantin Luhan, Riikka Manner, Iosif Matula, Erminia Mazzoni, Franz Obermayr, Jan Olbrycht, Wojciech Michał Olejniczak, Markus Pieper, Monika Smolková, Georgios Stavrakakis, Csanád Szegedi, Nuno Teixeira, Michael Theurer, Michail Tremopoulos, Lambert van Nistelrooij, Oldřich Vlasák, Kerstin Westphal, Hermann Winkler, Joachim Zeller, Elżbieta Katarzyna Łukacijewska
Substitute(s) present for the final vote	Ivars Godmanis, Marie-Thérèse Sanchez-Schmid, Vilja Savisaar, Elisabeth Schroedter