REPORT on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide

24.11.2011 - (PE-CONS 00058/2011 – C7-0378/2011 – 2009/0060B(COD)) - ***III

European Parliament delegation to the Conciliation Committee
Delegation Chair: Alejo Vidal-Quadras
Rapporteur: Kinga Gál, Barbara Lochbihler

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 Regulation (EC) No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide

(PE-CONS 00058/2011 – C7-0378/2011 – 2009/0060B(COD))

(Ordinary legislative procedure: third reading)

The European Parliament,

–   having regard to the joint text approved by the Conciliation Committee and the relevant Parliament and Council statement (PE-CONS 00058/2011 – C7-0378/2011),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2009)0194),

–   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)0170),

–   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 (A7-0404/2011),

1.  Approves the joint text;

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

3.  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;

4.  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 statement by the Parliament and Council thereon, in the Official Journal of the European Union;

5.  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)0380.
• [2]  Texts adopted of 3.2.2011, P7_TA(2011)0031.
• [3]  OJ C 7 E, 12.1.2011, p. 14.

EXPLANATORY STATEMENT

Background

The Commission adopted its proposal for a Regulation amending Regulation No 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide on 21 April 2009.

The European Instrument for Democracy and Human Rights (EIDHR) is one of the external financing instruments that are dealt with in a package.[1]

The EIDHR together with the Development cooperation instrument (DCI) are the only instruments for external action not providing an exception to the principle of the non-eligibility for EU funding of costs related to taxes, duties and other charges. All the other instruments in this area allow for flexibility to accept, on a case by case basis, these costs to be financed in the interest of a proper implementation of programmes and projects. Such flexibility is essential as the rigid formulation of the EIDHR and DCI instruments may make action financed by external aid extremely difficult.

The Commission proposal intends to align the relevant provision with the other instruments by adding the words 'in principle' in Article 13, paragraph 6.

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

The European Parliament adopted its first reading opinion on 21 October 2010. The Council adopted its first reading position on 21 December 2010. Both European Parliament and Council agreed to the proposed change in a view of harmonising the relevant instruments. The Council also agreed to the European Parliament proposal to split the initial proposal into two (DCI and EDHR). The European Parliament had also proposed to introduce the procedure of Article 290 TFEU for the adoption of multiannual cooperation programmes and strategy papers. The Council, however, did not accept this and argues that these measures are implementing measures (as not being legally binding acts).

On 3 February 2011 the European Parliament adopted its 2nd reading position.

Council rejected this position in 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[2] and the DCI/BAM file[3].

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.

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]  together with the DCI/BAM instrument (2010/0059 (COD)), the DCI (2009/0060A (COD))and the ICI+ (2009/0059 (COD))
• [2]  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).
• [3]  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 Regulation (EC) n° 1889/2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide
References	PE-CONS 00058/2011 – C7‑0378/2011 – 2009/0060B(COD)
Delegation Chair: Vice-President	Alejo Vidal-Quadras
Committee responsible   Chair	AFETElmar Brok
Rapporteur(s)	Kinga Gál, Barbara Lochbihler
Draft act considered at first reading	COM(2009)0194 – C7‑0158/2009
Date of first reading – P number	21.10.2010			P7_TA(2010)0380
Amended Commission proposal
Council position at first reading   Date announced in plenary	16446/1/2010 – C7‑0427/2010 16.12.2010
Commission position(Article 294(6), Treaty on the Functioning of the European Union)	COM(2010)0789
Date of second reading – P number	3.2.2011			P7_TA(2011)0031
Commission opinion(Article 294(7)(c), Treaty on the Functioning of the European Union)	COM(2011)0170
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