Procedure : 2014/0322(NLE)
Document stages in plenary
Document selected : A8-0157/2015

Texts tabled :

A8-0157/2015

Debates :

Votes :

PV 10/06/2015 - 8.4
Explanations of votes

Texts adopted :

P8_TA(2015)0224

REPORT     *
PDF 152kWORD 61k
12.5.2015
PE 544.462v03-00 A8-0157/2015

on the recommendation for a Council decision concerning the accession of Croatia to the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union

(COM(2014)0661 – C8-0274/2014 – 2014/0322(NLE))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Filiz Hyusmenova

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 RESULT OF FINAL VOTE IN COMMITTEE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the recommendation for a Council decision concerning the accession of Croatia to the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union

(COM(2014)0661 – C8-0274/2014 – 2014/0322(NLE))

(Consultation)

The European Parliament,

–       having regard to the Commission recommendation to the Council (COM(2014)0661),

–       having regard to Article 3(4) and (5) of the Act of Accession of Croatia, pursuant to which the Council consulted Parliament (C8-0274/2014),

–       having regard to Rule 59 of its Rules of Procedure,

–       having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0157/2015),

1.      Approves the Commission recommendation;

2.      Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.      Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.      Instructs its President to forward its position to the Council and the Commission.


EXPLANATORY STATEMENT

The 2011 Accession Treaty of the Republic of Croatia has introduced a simplified system for the accession of Croatia to the conventions (and protocols) concluded by the Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU). Article 3(4) and 3(5) of the Act provides that Croatia accedes to these conventions and protocols by virtue of the Act of Accession.

Article 3(5) of the Act of Accession provide that, to that effect, the Council shall adopt a decision in order to determine the date on which these conventions shall enter into force for Croatia and to make all the necessary adjustments to these conventions required by reason of the accession of the new Member State (which would include, in any event, the adoption of the conventions in the Croatian language, so that these versions can be "equally authentic"). The Council shall act on a recommendation of the Commission, after consulting the European Parliament.

Annex I to the Act of Accession gives the list of the conventions and protocols concerned. The list includes the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union.

The Commission Recommendation for a Council Decision is intended to make the adjustments required by reason of the accession of Croatia to the aforementioned Convention, in accordance with Article 3(4) and 3(5) of the Act of Accession.

In its referral, the General Secretariat of the Council has advised the General Secretariat of the Parliament of a technical error affecting the provision of the Commission recommendation relating to the date of entry into force of the Convention between Croatia and the member States. Indeed, according to Article 1 of the Recommendation, the Convention shall enter into force – between Croatia and the Member States for which the Convention is in force at that date – on the first day of the first month following the date of adoption of the decision. According to Article 3, the decision "shall take effect" on the twentieth day following that of its publication in the Official Journal.

These provisions might lead to a situation where the timeline becomes blurred. The requirement of publication is an essential procedural requirement. Without publication, an act is considered by the Court of Justice of the European Union as non-existent. Therefore, first, the decision should be adopted and published; it should then enter into force on the date specified in it. Finally, the Convention should enter into force, as a result of the decision having been duly published and in force.

The General Secretariat of the Council has advised the General Secretariat of the Parliament that the Council will address this issue in accordance with its internal rules of procedure. Therefore, your Rapporteur recommends approving this Commission recommendation.


RESULT OF FINAL VOTE IN COMMITTEE

Date adopted

6.5.2015

 

 

 

Result of final vote

+:

–:

0:

44

1

0

Members present for the final vote

Michał Boni, Bodil Ceballos, Caterina Chinnici, Rachida Dati, Agustín Díaz de Mera García Consuegra, Tanja Fajon, Laura Ferrara, Monika Flašíková Beňová, Kinga Gál, Ana Gomes, Nathalie Griesbeck, Sylvie Guillaume, Jussi Halla-aho, Filiz Hyusmenova, Sophia in ‘t Veld, Eva Joly, Barbara Kudrycka, Kashetu Kyenge, Marju Lauristin, Vicky Maeijer, Roberta Metsola, Soraya Post, Birgit Sippel, Csaba Sógor, Helga Stevens, Traian Ungureanu, Cecilia Wikström, Kristina Winberg, Tomáš Zdechovský

Substitutes present for the final vote

Hugues Bayet, Andrea Bocskor, Pál Csáky, Dennis de Jong, Jeroen Lenaers, Nadine Morano, Salvatore Domenico Pogliese, Emil Radev, Christine Revault D’Allonnes Bonnefoy, Jaromír Štětina, Josep-Maria Terricabras, Axel Voss

Substitutes under Rule 200(2) present for the final vote

Lynn Boylan, Rosa D’Amato, Jörg Leichtfried, Piernicola Pedicini

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