REPORT on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories

24.11.2011 - (PE-CONS 00056/2011 – C7-0376/2011– 2009/0059(COD)) - ***III

European Parliament delegation to the Conciliation Committee
Delegation Chair: Alejo Vidal-Quadras
Rapporteur: Helmut Scholz

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories

(PE-CONS 00056/2011 – C7-0376/2011 – 2009/0059(COD))

(Ordinary legislative procedure: third reading)

The European Parliament,

–   having regard to the joint text approved by the Conciliation Committee and the relevant Parliament, Council and Commission statements (PE-CONS 00056/2011 – C7-0376/2011),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2009)0197),

–   having regard to its position at second reading[2] on the Council position at first reading[3],

–   having regard to the Commission's opinion on Parliament's amendments to the Council position at first reading (COM(2011)0167),

–   having regard to the Council position at second reading,

–   having regard to Article 294(13) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 69 of its Rules of Procedure,

–   having regard to the report of its delegation to the Conciliation Committee (A7-0401/2011),

1.  Approves the joint text;

2.  Confirms the joint statement by Parliament and the Council annexed to this resolution;

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

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, together with the statements by Parliament, Council and Commission thereon, in the Official Journal of the European Union;

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

• [1]  Texts adopted of 21.10.2010, P7_TA(2010)0381.
• [2]  Texts adopted of 3.2.2011, P7_TA(2011)0033.
• [3]  OJ C 7 E, 12.1.2011, p. 1.

EXPLANATORY STATEMENT

Background

The Commission adopted its proposal for a Regulation amending Regulation 1394/2006 establishing a financing instrument for cooperation with the industrialised and other high-income countries and territories (ICI-Regulation) on 21 April 2009. The proposal was presented as part of the mid-term review of the external financing instruments. The main objective is to extend the scope of the ICI Regulation to include also cooperation with developing countries covered by Regulation (EC) No 1905/2006 of 18 December 2006, the Development cooperation instrument (DCI) for geographical cooperation with countries in Asia, Central Asia and Latin America, plus Iraq, Iran, Yemen and South Africa. The amended ICI Regulation would provide a proper legal basis for (financing) activities which do not fulfil the criteria of Official Development Assistance (ODA) as set by the Organisation for Economic Cooperation and Development (DAC/OECD) and are on that basis excluded from the DCI Regulation.

The amended ICI Regulation would further deepen the European Union's relations with countries which are both developing and major partners in the world economy, such as China, Brazil and Mexico and regions like Central Asia and the Middle East, Asia, Latin America, as well as South Africa. The reference amount that is added is EUR 176 million for the period 2010-2013.

I. The legislative procedure before conciliation (1st and 2nd reading)

The European Parliament adopted its first reading on 21 October 2010. It proposed to improve the Parliament's involvement in programming, evaluation and reporting of multiannual cooperation programmes and introduced some amendments on the financing of the ICI instrument.

The Council adopted its position at first reading at 10 December 2010. Many amendments were accepted but the Council did not accept European Parliament's request for delegated acts for the adoption of multiannual cooperation programmes (multiannual strategy papers) as being non-legally binding acts in the opinion of the Council which should therefore be adopted as implementing measures. It also did not accept the amendments on article 16 regarding the financing (Council argued that this should be decided by the two budgetary branches (EP and Council) in the framework of the annual budgetary procedure).

Parliament adopted its second reading on 3 February 2011 (confirming the first reading position).

Council adopted its second reading on 19 July 2011.

II. Conciliation

Following the second reading vote of 3 February and given the political will to conclude the conciliation as soon as possible the constituent meeting of the EP delegation to the conciliation committee took place in Strasbourg on 15 February 2011. The EP delegation decided to negotiate the four files (DCI, DCI/BAM, ICI+ and EIDHR) concerned as a package. On the mid-term review of the DCI and the EIDHR, it was agreed that they would remain unchanged as no new strategy papers are foreseen until 2013. Therefore the negotiations continued on the ICI+ file[1] (with 1 strategy paper left) and the DCI/BAM file[2] (with 10 strategy papers left).

Procedure

Eight trilogues took place on 30 March, 11 May, 25 May, 22 June, 5 July, 6 September (1st meeting of the conciliation committee), 27 September and 19 October. Seven meetings of Parliament's delegation have taken place on 15 February 12 May, 5 July, 6 September, 20 September, 11 October and 25 October. Political agreement was reached on 31 October 2011.

Content

The European Parliament and the Council agreed to establish the key decisions (objectives, priorities, indicative financial allocations and expected results) in codecision. In the trilogue of 27 September provisional agreement was reached on a suggested compromise package (on ICI+, DCI/BAM and a joint declaration of the European Parliament and the Council on the future use of delegated acts). This package was endorsed by Coreper on 29 September 2011. The European Parliament delegation, however, decided in its meeting on 11 October that negotiations should be continued, especially on the DCI/BAM file. A further trilogue therefore took place on 19 October, in which Council maintained the provisional agreement reached in the trilogue of 27 September. It was agreed to submit the provisional agreement again to the Parliament's delegation for the final vote. The EP delegation adopted the agreement in its meeting on 25 October.

The conciliation was concluded by an exchange of letters (24 and 26 October 2011).

The overall result of the conciliation is positive. It is agreed that the European Parliament and the Council decide together on the important strategic decisions in co-decision.

Furthermore a joint European Parliament and Council Declaration on the use of delegated acts in the area of external relations for the future financial instruments was agreed upon, which strengthens the negotiating position of the European Parliament towards the inclusion of delegated acts in the new instruments.

On the ICI+ instrument

The agreement reached enables the European Union to deepen the activities other than official development assistance with countries which are both developing and major partners in the world economy (like India, Brazil and China).

The European Parliament insisted on an Annex with the financial allocation of funds per priority area (Public Diplomacy and Outreach, Promotion of economic partnership and business cooperation, People to People links) with minimum percentages. Laying down these financial allocations in the basic act makes the European Parliaments' negotiating position for future delegated acts stronger.

In a spirit of compromise the European Parliament accepted a Declaration on the financial provisions.

III. Conclusion

The EP delegation decided to negotiate the four legislative files as a package. This approach led to considerable improvements. The overall package reached at the end of the conciliation procedure will improve the Parliament's position on delegated acts in the upcoming instruments. In the spirit of compromise the delegation recommends to maintain the package approach, and that the Parliament approves the joint text at third reading.

• [1]  Proposal for a European Parliament and Council regulation amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories, 2009/0059(COD).
• [2]  Proposal for a European Parliament and Council regulation amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation, 2010/0059(COD).

PROCEDURE

Title	Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories
References	PE-CONS 00056/2011 – C7‑0376/2011– 2009/0059(COD)
Delegation Chair: Vice-President	Alejo Vidal-Quadras
Committee responsible   Chair	INTAVital Moreira
Rapporteur(s)	Helmut Scholz
Draft act considered at first reading	COM(2009)0197 – C7‑0101/2009
Date of first reading – P number	21.10.2010			P7_TA(2010)0381
Amended Commission proposal
Council position at first reading   Date announced in plenary	16440/1/2010 – C7‑0425/2010 16.12.2010
Commission position(Article 294(6), Treaty on the Functioning of the European Union)	COM(2010)0786
Date of second reading – P number	3.2.2011			P7_TA(2011)0033
Commission opinion(Article 294(7)(c), Treaty on the Functioning of the European Union)	COM(2011)0167
Date Council received second reading	23.3.2011
Date of Council letter on non-approval of Parliament amendments	19.7.2011
Conciliation Committee meetings	6.9.2011
Date of vote by Parliament delegation	25.10.2011
Result of vote	+: –: 0:	17 6 3
Members present	Alejo Vidal-Quadras, Rodi Kratsa-Tsagaropoulou, Kinga Gál, Elmar Brok, Filip Kaczmarek, Godelieve Quisthoudt-Rowohl, José Ignacio Salafranca Sánchez-Neyra, Manfred Weber, Vital Moreira, Thijs, Berman, Ana Gomes, Richard Howitt, Gianluca Susta, Patrice Tirolien, Charles Goerens, Barbara Lochbihler, Eva Joly, Robert Sturdy, Helmut Scholz, Claudio Morganti
Substitute(s) present	Christofer Fjellner, Ioannis Kasoulides, Georgios Koumoutsakos, Eduard Kukan, Ria Oomen-Ruijten, Maurice Ponga, Kriton Arsenis, Ivo Vajgl, Bart Staes
Substitute(s) under Rule 187(2) present for the vote	Leonidas Donskis
Date of agreement in Conciliation Committee
Agreement by exchange of letters	24.10.2011		26.10.2011
Date on which the co-Chairs established that the joint text had been approved and forwarded it to Parliament and the Council	31.10.2011
Date tabled	24.11.2011
Comments (available in one language only)	...

EXTENSION OF DEADLINES

Deadline for second reading by Council	23.7.2011
Deadline for convening the Committee   Requesting institution – date	13.9.2011Council – 24.08.2011
Deadline for work in the Committee   Requesting institution – date	01.11.2011Council – 6.10.2011
Deadline for adopting the act   Requesting institution – date