REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
20.4.2011 - (COM(2010)0537 – C7‑0295/2010 – 2010/0266(COD)) - ***I
Committee on Agriculture and Rural Development
Rapporteur: Paolo De Castro
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
(COM(2010)0537 – C7‑0295/2010 – 2010/0266(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2010)0537),
– having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0295/2010),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the reasoned opinions submitted, within the framework of the Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament,the Luxembourg Chamber of Deputies and by the Polish Diet and Senat, asserting that the draft legislative act does not comply with the principle of subsidiarity,
– having regard to the opinion of the European Economic and Social Committee of 16 February 2011[1],
– having regard to Rule 55 of its Rules of Procedure
– having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Regional Development (A7-0161/2011),
1. Adopts its position at first reading hereinafter set out;
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 and the Commission.
Amendment 1 Proposal for a regulation – amending act Recital 3 | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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(3) The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 1698/2005. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject. |
(3) In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending certain non-essential elements of Regulation (EC) No 1698/2005. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament. | |||||||||||||||||||||||||||||||||||||||
Justification | ||||||||||||||||||||||||||||||||||||||||
This amendment reflects the "Common Understanding" on practical arrangements for the use of delegated acts (Article 290 TFUE) to be formally agreed on by the Council and the Parliament. | ||||||||||||||||||||||||||||||||||||||||
Amendment 2 Proposal for a regulation – amending act Recital 4 | ||||||||||||||||||||||||||||||||||||||||
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Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||||||||
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(4) In order to guarantee a uniform application of Regulation (EC) No 1698/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on... |
(4) In order to ensure uniform conditions for the implementation of Regulation (EC) No 1698/2005, implementing powers should be conferred on the Commission. Those powers, save where explicitly provided otherwise, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers*. | |||||||||||||||||||||||||||||||||||||||
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________________________ * OJ L 55, 28.2.2011, p.13.. | |||||||||||||||||||||||||||||||||||||||
Justification | ||||||||||||||||||||||||||||||||||||||||
This Amendment takes into account the "Regulation on implementing powers" (Regulation of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers) entering into force on 1 March 2011. | ||||||||||||||||||||||||||||||||||||||||
Amendment 3 Proposal for a regulation Article 1 – point 9 Regulation (EC) No. 1698/2005 Article 24 – paragraph 1 – subparagraph 2 | ||||||||||||||||||||||||||||||||||||||||
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Amendment 4 Proposal for a regulation Article 1 – point 18 Regulation (EC) No 1698/2005 Article 43 – paragraph 1 – subparagraph 1a | ||||||||||||||||||||||||||||||||||||||||
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Amendment 5 Proposal for a regulation – amending act Article 1 - point 26 – point b Regulation (EC) No 1698/2005 Article 66 - paragraph 3 - subparagraph 3 | ||||||||||||||||||||||||||||||||||||||||
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Justification | ||||||||||||||||||||||||||||||||||||||||
Technical change. | ||||||||||||||||||||||||||||||||||||||||
Amendment 6 Proposal for a regulation – amending act Article 1 - point 27 a (new) Regulation (EC) No 1698/2005 Article 69 - paragraph 5 d (new) | ||||||||||||||||||||||||||||||||||||||||
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Amendment 7 Proposal for a regulation – amending act Article 1 - point 29 - point b a (new) Regulation (EC) No 1698/2005 Article 71 - paragraph 3 - subparagraph 2 - point a | ||||||||||||||||||||||||||||||||||||||||
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Amendment 8 Proposal for a regulation Article 1 – point 29 – point b b (new) Regulation (EC) No 1698/2005 Article 71 – paragraph 3 – subparagraph 3 a (new) | ||||||||||||||||||||||||||||||||||||||||
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Amendment 9 Proposal for a regulation – amending act Article 1 - point 37 Regulation (EC) No 1698/2005 Article 91b | ||||||||||||||||||||||||||||||||||||||||
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Justification | ||||||||||||||||||||||||||||||||||||||||
This amendment reflects the "Common Understanding" on practical arrangements for the use of delegated acts (Article 290 TFUE) to be formally agreed on by the Council and the Parliament. | ||||||||||||||||||||||||||||||||||||||||
Amendment 10 Proposal for a regulation – amending act Article 1 - point 37 Regulation (EC) No 1698/2005 Article 91c | ||||||||||||||||||||||||||||||||||||||||
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Justification | ||||||||||||||||||||||||||||||||||||||||
This Amendment takes into account the "Regulation on implementing powers" (Regulation of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers) entering into force on 1 March 2011. | ||||||||||||||||||||||||||||||||||||||||
- [1] OJ C 107, 6.4.2011, p. 30.
EXPLANATORY STATEMENT
Scope of the new directive
According to the Treaty of the Functioning of the European Union (TFEU) the current Regulation (EC) 1698/2005 (as one of the first proposals) has to be aligned based on the principle of sorting between measures of implementing nature and measures of delegated nature - of the current Commission implementing powers which were adopted on the basis of Regulations (EC) No 1974/2006 and No 1975/2006.
Alignment to TFUE provisions
Under Article 290 of the Treaty (delegated acts), the Legislator may delegate the power to the Commission to adopt non-legislative acts of general application to supplement or amend as well as complete or modify certain non-essential elements of the legislative act where it is appropriate. A Commission delegated act may therefore identify the additional elements necessary for the proper functioning of the regime established by the Legislator.
With regard to the current Regulation the Commission shall adopt delegated acts in order to adopt exceptions for the rule that no rural development support should be granted to schemes eligible for support under common market organisations (Article 5(6)). Similarly, the Legislator delegates to the Commission the power to adopt detailed conditions concerning all the measures and technical assistance in order to ensure their coherent application in line with the requirements of EU policy, priorities and law (Articles 20, 32, 36, 38, 52, 63 and 66). In addition, the Commission shall adopt delegated acts regarding detailed rules for the reductions and exclusions (Article 51(4)). Furthermore, the Commission shall define a flexibility threshold for each axis (Article 70(1)) and define detailed rules for other forms of support than non-repayable direct assistance (Article 71(5)). The Commission shall fix detailed control rules (Article 74(4)). Finally, the Commission shall adopt specific transitional measures (Article 92(1)).
In the case of Article 291 of the Treaty (implementing acts), the Legislator confers power upon the Commission to adopt uniform conditions for legally binding acts of the European Union.
Concerning the current Regulation the Legislator gives the Commission powers of enforcement, in accordance with Article 291, paragraph 2 of the Treaty, as regards the uniform conditions for the presentation of rural development programmes (Article 18(3)), programme approval (Article 18(4)), approval of revision of programmes (Article 19(2)), determination of changes requiring approval by Commission decision (Article 19(2)), longer commitment periods (Articles 39(3), 40(2) and 47(1)), specific provisions on designation of areas (Article 50(4)), the establishment and operation of the national rural network (Article 66(3)), presentation of specific annual reports (Article 82(4)), a general framework of controls and a common monitoring and evaluation framework that Member states shall implement (Articles 74(4) and 80).
Rapporteur's position on alignment
From the point of view of the Rapporteur in this proposal the Commission has done an accurate repartition between more general provisions, establishing additional elements (provisions 290) and more technical elements that are very much connected with the discretion that Member States enjoy in implementing this measure (provisions 291). Therefore no Amendments concerning the proposal for Rural Development (amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) on the classification of delegated and implementing acts are proposed.
Generally, the Commission proposal suggests ensuring efficient and targeted use of funds with regard to the treatment of beneficiaries which is mostly covered in the proposal by delegated acts. Other provisions regarding concrete details of programmes, measures and rules are covered in the proposal by implementing acts which are to be adopted by Member States.
Simplification
Additionally, some elements of simplification are introduced in the current Regulation, Natura 2000 support is extended to areas referred to in Article 10 of Habitats Directive (92/43/EEC) (these are legal elements of the proposal) as well as the number of annual progress and summary reports under Rural Development is reduced, Cross Compliance controls are facilitated and the rules for the use of advisory services are changed (these elements should contribute to ease the administrative burden for the Member States). Besides this as an (legal) element of simplification an incentive element should be introduced for measures approved under Article 43 of the Treaty (co-financed measures within the RD). That means that aid which is granted retroactively in respect of activities which have already been undertaken by the beneficiary and miss the incentive element would therefore be prohibited and a starting date of eligibility should be provided.
Rapporteur's position on simplification
The Commission proposes to extend to all Member States the current funding possibilities to support the setting up and administrative operation of producer groups but the Rapporteur considers it discriminatory to exclude the support for producer groups in the fruit and vegetables sector.
In order to avoid different interpretations of reg 1698/2005, it seems useful to allow -for Member States which have opted for regional programs- the calculation of the automatic cancellation of financial resources at the level of the Member State (am. 5).
In order to harmonise EAFRD and ERDF (European regional development fund), the Rapporteur proposes that the VAT for non taxable persons (public institutions) is made eligible for an EAFRD contribution.
OPINION of the Committee on Regional Development (22.3.2011)
for the Committee on Agriculture and Rural Development
on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
(COM(2010)0537 – C7‑0295/2010 – 2010/0266(COD))
Rapporteur: Iosif Matula
SHORT JUSTIFICATION
The Treaty makes a distinction between the powers delegated to the Commission in adopting and non-legislative acts of general application to supplement or amend some less essential elements of the legislative act and the Commission powers to adopt uniform conditions for implementing the acts legally binding Union.
The legislator give the Commission the task to add additional items necessary for the proper functioning of the regime proposed by the legislator. In order to ensure a uniform application of the regime in the Member States, the legislator has granted Commission implementing powers.
The rapporteur considers the present text amending Regulation 1659/2005 adequately achieves its purpose. Nevertheless, he has put forward three amendments stressing the necessity to reinforce governance in this area by insisting the full participation of local and regional representatives and stakeholders in all decisions to be taken.
In particular the rapporteur considers that a fine balance between environmental needs and economic needs must be finally tuned.
AMENDMENTS
The Committee on Regional Development calls on the Committee on Agriculture and Rural Development, as the committee responsible, to incorporate the following amendments in its report:
Amendment 1 Proposal for a regulation – amending act Recital 13 | |
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Text proposed by the Commission |
Amendment |
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(13) The use of advisory services should help farmers to assess the performance of their agricultural holding and identify necessary improvements with regard to the statutory management requirements and the good agricultural and environmental condition as provided for in Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers and the Community standards relating to occupational safety. Taking into account that the support for the use of advisory services has been available already for several years, a more tailor-made use should be facilitated, to better reflect the individual needs of the beneficiary. |
(13) The use of advisory services should help farmers to assess the performance of their agricultural holding and identify necessary improvements with regard to the statutory management requirements and the good agricultural and environmental condition as provided for in Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers and the Community standards relating to occupational safety. Taking into account that the support for the use of advisory services has been available already for several years, a more tailor-made use should be facilitated, to better reflect the individual needs of the beneficiary. Member States should be encouraged to create platforms for e-counselling for farmers by using broadband. The use of all counselling services provided by regional and local authorities for the purpose of promoting the use of information technology by farmers should also be encouraged. |
Justification | |
The e-counseling instrument provides a unique opportunity for Member States to communicate with farmers in remote areas. Farmers having better access to Internet services, like broadband internet, is a prerequisite for economic development. | |
Amendment 2 Proposal for a regulation – amending act Recital 17 | |
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Text proposed by the Commission |
Amendment |
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(17) Article 10 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, requires Member States, with a view to improve the ecological coherence of the Natura 2000 network, to endeavour to encourage the management of features, which, by virtue of their linear and continuous structure or their function as stepping stones, are essential for the migration, dispersal and genetic exchange of wild species. Such areas should be made eligible for Natura 2000 payments. However, in order to ensure that payments continue to be primarily used for the designated Natura 2000 sites, it is appropriate to limit their proportion compared to Natura 2000 areas designated. |
(17) Article 10 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, requires Member States, with a view to improve the ecological coherence of the Natura 2000 network, to endeavour to encourage the management of features, which, by virtue of their linear and continuous structure or their function as stepping stones, are essential for the migration, dispersal and genetic exchange of wild species. Such areas should be made eligible for Natura 2000 payments. However, in order to ensure that payments continue to be primarily used for the designated Natura 2000 sites, it is appropriate to limit their proportion compared to Natura 2000 areas designated. In so doing, regional and local authorities should strike a balance between environmental protection and local development needs. |
Justification | |
In order to avoid disharmony between environmental provisions and local development, a compromise must be struck so that concerns for both economic investment and environmental protection are addressed. | |
Amendment 3 Proposal for a regulation – amending act Recital 19 | |
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Text proposed by the Commission |
Amendment |
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(19) Each Member State is required to establish a national rural network. In order to ensure that the various national rural networks are set-up in a coherent and uniform manner, the Commission should, by means of implementing acts, fix details concerning the establishment and the operation of those networks. |
(19) Each Member State is required to establish a national rural network, which should include national, regional and local representatives. In order to ensure that the various national rural networks are set-up in a coherent and uniform manner, the Commission should, by means of implementing acts, fix details concerning the establishment and the operation of those networks. |
Justification | |
It is important that not only the relationship between each Member State and national rural network be established but that each national rural network be comprised of national, regional and local representatives to ensure close links with citizens’ needs. | |
Amendment 4 Proposal for a regulation - amending act Article 1 – point 1 – point a Regulation (EC) No 1698/2005 Article 5 - paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The Commission and the Member States shall ensure that the assistance from the EAFRD and the Member States is consistent with the activities, policies and priorities of the Union. The assistance of the EAFRD shall be consistent with the objectives of Economic and Social Cohesion and those of the Union support instrument for fisheries in particular. In order to ensure that EAFRD assistance is also consistent with other support instruments of the Union, the Commission may, by means of delegated acts, lay down the specific Union measures with which such consistency is to be ensured. |
2. The Commission and the Member States shall ensure that the assistance from the EAFRD and the Member States is consistent with the activities, policies and priorities of the Union. The assistance of the EAFRD shall be consistent with the objectives of Economic, Social and Territorial Cohesion and those of the Union support instrument for fisheries in particular. In order to ensure that EAFRD assistance is also consistent with other support instruments of the Union, the Commission may, by means of delegated acts, lay down the specific Union measures with which such consistency is to be ensured. |
PROCEDURE
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Title |
Amendment of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) |
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References |
COM(2010)0537 – C7-0295/2010 – 2010/0266(COD) |
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Committee responsible |
AGRI |
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Opinion by Date announced in plenary |
REGI 19.10.2010 |
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Rapporteur Date appointed |
Iosif Matula 28.10.2010 |
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Discussed in committee |
28.2.2011 |
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Date adopted |
22.3.2011 |
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Result of final vote |
+: –: 0: |
41 3 2 |
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Members present for the final vote |
François Alfonsi, Luís Paulo Alves, Charalampos Angourakis, Sophie Auconie, Victor Boştinaru, Zuzana Brzobohatá, Francesco De Angelis, Tamás Deutsch, Rosa Estaràs Ferragut, Danuta Maria Hübner, Juozas Imbrasas, María Irigoyen Pérez, Seán Kelly, Evgeni Kirilov, Constanze Angela Krehl, Petru Constantin Luhan, Elżbieta Katarzyna Łukacijewska, Ramona Nicole Mănescu, Riikka Manner, Iosif Matula, Erminia Mazzoni, Miroslav Mikolášik, Lambert van Nistelrooij, Franz Obermayr, Jan Olbrycht, Markus Pieper, Tomasz Piotr Poręba, Monika Smolková, Georgios Stavrakakis, Csanád Szegedi, Nuno Teixeira, Michail Tremopoulos, Oldřich Vlasák, Joachim Zeller |
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Substitute(s) present for the final vote |
Andrea Cozzolino, Karima Delli, Jens Geier, Ivars Godmanis, Karin Kadenbach, Marie-Thérèse Sanchez-Schmid, Vilja Savisaar-Toomast, Elisabeth Schroedter, László Surján |
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Substitute(s) under Rule 187(2) present for the final vote |
Vladko Todorov Panayotov, Britta Reimers, Ivo Strejček |
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PROCEDURE
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Title |
Amendment of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) |
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References |
COM(2010)0537 – C7-0295/2010 – 2010/0266(COD) |
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Date submitted to Parliament |
30.9.2010 |
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Committee responsible Date announced in plenary |
AGRI 19.10.2010 |
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Committee(s) asked for opinion(s) Date announced in plenary |
REGI 19.10.2010 |
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Rapporteur(s) Date appointed |
Paolo De Castro 27.10.2010 |
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Discussed in committee |
30.11.2010 |
14.3.2011 |
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Date adopted |
12.4.2011 |
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Result of final vote |
+: –: 0: |
34 3 0 |
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Members present for the final vote |
Richard Ashworth, Liam Aylward, José Bové, Vasilica Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Herbert Dorfmann, Lorenzo Fontana, Iratxe García Pérez, Béla Glattfelder, Sergio Gutiérrez Prieto, Martin Häusling, Peter Jahr, Elisabeth Jeggle, Jarosław Kalinowski, Elisabeth Köstinger, Agnès Le Brun, Stéphane Le Foll, George Lyon, Gabriel Mato Adrover, Mairead McGuinness, Krisztina Morvai, James Nicholson, Wojciech Michał Olejniczak, Georgios Papastamkos, Marit Paulsen, Britta Reimers, Alfreds Rubiks, Giancarlo Scottà, Czesław Adam Siekierski, Alyn Smith, Csaba Sándor Tabajdi, Marc Tarabella, Janusz Wojciechowski |
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Substitute(s) present for the final vote |
Giovanni La Via, Astrid Lulling, Christel Schaldemose |
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Date tabled |
20.4.2011 |
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