REPORT on the amended proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version)
8.12.2010 - (COM(2010)0391 – C7‑0209/2010 – 2008/0009(COD)) - ***I
Committee on Legal Affairs
Rapporteur: Jiří Maštálka
PR_COD_Codification
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the amended proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codification)
(COM(2010)0391 – C7‑0209/2010 – 2008/0009(COD))
(Ordinary legislative procedure - codification)
The European Parliament,
– having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0026), and the amended proposal (COM(2010)0391),
– having regard to its position at first reading of 17 June 2008[1],
– having regard to Article 294(2) and Article 50(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0209/2010),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts[2],
– having regard to Rules 86 and 55 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A7‑0363/2010),
A. whereas according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;
1. Adopts its position at first reading, taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
2. Instructs its President to forward its position to the Council, the Commission and the national parliaments.ANNEX : OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
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GROUPE CONSULTATIF DES SERVICES JURIDIQUES
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Brussels, 12 October 2010
OPINION
FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
Amended proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies
COM(2010) 391 final of 30.8.2010 - 2008/0009 (COD)
Having regard to the Inter-institutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts, and in particular to point 4 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 21 September 2010 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.
At that meeting[3], an examination of the amended proposal for a directive of the European Parliament and of the Council codifying the Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies resulted in the Consultative Working Party’s concluding, without dissent, that the proposal is a straightforward codification of existing texts, without any change in their substance.
C. PENNERA J.-C. PIRIS L. ROMERO REQUENA
Jurisconsult Jurisconsult Director General
PROCEDURE
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Title |
Mergers of public limited liability companies (codified version) |
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References |
COM(2010)0391 – C7-0209/2010 – COM(2008)0026 – C6-0045/2008 – 2008/0009(COD) |
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Date submitted to Parliament |
29.1.2008 |
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Committee responsible Date announced in plenary |
JURI 7.9.2010 |
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Rapporteur(s) Date appointed |
Jiří Maštálka 1.6.2010 |
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Date adopted |
2.12.2010 |
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