RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures

2.12.2013 - (13284/1/2013 – C7‑0408/2013 – 2011/0153(COD)) - ***II

Committee on International Trade
Rapporteur: Jörg Leichtfried

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures

(13284/1/2013 – C7‑0408/2013 – 2011/0153(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (13284/1/2013 – C7–0408/2013),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2011)0349),

–   having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 72 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on International Trade (A7-0419/2013),

1.  Approves the Council position at first reading;

2.  Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution;

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

4.  Notes that the act is adopted in accordance with the Council position;

5.  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;

6.  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 in the Official Journal of the European Union, together with all the statements annexed to this resolution;

7.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

• [1]       Texts adopted of 22.11.2012, P7_TA(2012)0447.

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement on Regulation (EEC) No 3030/93 and Regulation (EC) No 517/94

It is noted that that the procedures provided for in Article 2(6), Article 6(2), Articles 8 and 10, Article 13(3), Article 15(3), (4) and (5) and Article 19 of Regulation (EEC) No 3030/93, Article 4(3) of Annex IV to Regulation (EEC) No 3030/93, and Article 2, Article 3(1) and (3) of Annex VII to Regulation (EEC) No 3030/93, and Article 3(3), Article 5(2), Article 12(3) and Articles 13 and 28 of Regulation (EC) No 517/94, are converted into procedures for the adoption of delegated acts. It is noted that some of those Articles refer to decision-making procedures for the adoption of safeguard measures in the field of trade defence.

The European Parliament, the Council and the Commission consider that safeguard measures are to be treated as implementing measures. Exceptionally, in the specific existing Regulations referred to above, the measures take the form of delegated acts as the introduction of a safeguard measure takes the form of an amendment to the relevant annexes to the Basic Regulations. This derives from the particular structure which is specific to the existing Regulations referred to above and, as a consequence, will not be used as a precedent for the drafting of future trade defence instruments and other safeguard measures.

Commission statement on codification

The adoption of Regulation (EU) No. .../2013 of the European Parliament and of the Council of ... amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation(EU) No .../2013 of the European parliament and of the Council of ... amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures will entail a substantial number of amendments to the acts in question. In order to improve the legibility of the acts concerned, the Commission will propose a codification of the acts as expeditiously as possible once those two Regulations are adopted, and at the latest by 1 June 2014.

Commission statement on delegated acts

In the context of Regulation (EU) No .../2013 of the European Parliament and of the Council of ... amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation (EU) No .../2013 of the European Parliament and of the Council of ... amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures, the Commission recalls the commitment it has made in paragraph 15 of the Framework Agreement on relations between the European Parliament and the European Commission to provide to the Parliament full information and documentation on its meetings with national experts within the framework of its work on the preparation of delegated acts.

EXPLANATORY STATEMENT

In the light of the changes brought about by the Lisbon Treaty and by the subsequent adoption of Regulation (EU) No 182/2011 (on implementing acts), the Commission was required to adapt the decision making rules in trade policy to the new regime of delegated and implementing acts. As a result the Commission came forward with two alignment proposals known as Omnibus I and Omnibus II each bringing together in a single instrument the underlying trade regulations that needed to be updated with the former covering mainly implementing acts and the latter covering mainly delegated acts. This proposal (Omnibus II) therefore brings about the necessary changes to the underlying texts which previously referred to the old comitology decision 1999/468/EC.

Following the adoption of Parliament's first reading position by the plenary on 22 November 2012, informal negotiations started under the Irish Presidency with view to reaching an early second reading agreement. After several rounds of trilogues, Parliament's and Council's negotiating team reached agreement on the file on 5 June 2013. The text of the agreement was presented to the INTA Committee for a vote of approval on 11 July 2013, and approved by an overwhelming majority. On the basis of the committee's approval, the Chairman of the Committee undertook in his letter of the same day to the chair of COREPER to recommend to the plenary to approve Council's position at first reading without amendment. Following legal-linguistic verification, Council adopted its first reading position confirming the agreement on 15 November 2013.

In the view of the above the Rapporteur proposes to approve without amendment the Council position in the first reading as well as the joint statement by the Parliament, Council and the Commission on Regulation (EEC) No 3030/93 and Regulation (EC) No 517/94. It is also recommended that Parliament takes note of the Commission statements on codification and on delegated acts. All three statements are to be published together with the final legislative act.

PROCEDURE

Title	Amendment of certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures
References	13284/1/2013 – C7-0408/2013 – 2011/0153(COD)
Date of Parliament’s first reading – P number	22.11.2012                     T7-0447/2012
Commission proposal	COM(2011)0349 - C7-0162/2011
Receipt of Council position at first reading announced in plenary	21.11.2013
Committee responsible        Date announced in plenary	INTA 21.11.2013
Rapporteur(s)        Date appointed	Jörg Leichtfried 22.9.2011
Date adopted	28.11.2013
Result of final vote	+: –: 0:	27 3 0
Members present for the final vote	William (The Earl of) Dartmouth, Nora Berra, Daniel Caspary, María Auxiliadora Correa Zamora, George Sabin Cutaş, Marielle de Sarnez, Christofer Fjellner, Yannick Jadot, Franziska Keller, Bernd Lange, David Martin, Vital Moreira, Franck Proust, Godelieve Quisthoudt-Rowohl, Helmut Scholz, Peter Šťastný, Henri Weber, Iuliu Winkler, Jan Zahradil, Paweł Zalewski
Substitute(s) present for the final vote	Tokia Saïfi, Marietje Schaake, Jarosław Leszek Wałęsa
Substitute(s) under Rule 187(2) present for the final vote	Phil Bennion, Jutta Haug, Anthea McIntyre, Katarína Neveďalová, Marc Tarabella, Nikola Vuljanić, Roberts Zīle
Date tabled	2.12.2013