Procedure : 2014/0345(NLE)
Document stages in plenary
Document selected : A8-0231/2015

Texts tabled :

A8-0231/2015

Debates :

Votes :

PV 09/09/2015 - 8.9
Explanations of votes

Texts adopted :

P8_TA(2015)0305

RECOMMENDATION     ***
PDF 154kWORD 70k
16.7.2015
PE 557.285v02-00 A8-0231/2015

on the draft Council decision authorising the Kingdom of Belgium and the Republic of Poland, respectively, to ratify, and the Republic of Austria to accede to the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI)

(08223/2015 – C8‑0173/2015 – 2014/0345(NLE))

Committee on Legal Affairs

Rapporteur: Pavel Svoboda

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council decision authorising the Kingdom of Belgium and the Republic of Poland, respectively, to ratify, and the Republic of Austria to accede to the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI)

(08223/2015 – C8‑0173/2015 – 2014/0345(NLE))

(Consent)

The European Parliament,

–       having regard to the draft Council decision (08223/2015),

–       having regard to the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (08223/15/ADD1),

–       having regard to the request for consent submitted by the Council in accordance with Article 81(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8‑0173/2015),

–       having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,

–       having regard to the recommendation of the Committee on Legal Affairs (A8-0231/2015),

1.      Gives its consent to the draft Council decision authorising the Kingdom of Belgium and the Republic of Poland, respectively, to ratify, and the Republic of Austria to accede to the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways;

2.      Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.

SHORT JUSTIFICATION

The Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways was adopted by a diplomatic conference organised jointly by the Central Commission for the Navigation of the Rhine and the Danube Commission in collaboration with the United Nations Economic Commission for Europe, and entered into force on 1 April 2005. It contributes to the internal market in the field of transport by harmonising contracts and inland navigation standards across Europe.

Article 29 of the Budapest Convention contains provisions on the choice of law by the parties to a contract of carriage falling under the convention. Those provisions affect the rules laid down in the Rome I Regulation (Regulation (EC) No 593/2008 on the law applicable to contractual obligations).

The Budapest Convention is thus an agreement falling partly under exclusive European Union competence. However, the convention does not provide for the possibility for the Union to become a party. Nevertheless, Member States cannot ratify or accede to it without an authorisation by the Union (Article 2(1) TFEU).

In this case, the Union's exclusive competence is limited to a single provision, and an authorisation given to individual Member States would not have a negative effect on the implementation of the Union’s external policy on judicial cooperation in civil and commercial matters.

Eleven of the Member States are already parties to the Budapest Convention, whereas fifteen Member States have indicated that they do not have inland waterways covered by the convention.

Austria and Poland have expressed an interest in becoming parties to the convention. Their participation will foster the broad implementation of this legal instrument, with benefits for citizens and businesses.

Belgium ratified the convention on 5 August 2008, after the entry into force of the Rome I Regulation on 24 July 2008. It is therefore necessary to give retroactive authorisation in order to rectify the current irregular situation.

The draft decision therefore authorises Belgium and Poland to ratify, and Austria to accede to, the Budapest Convention. For the above reasons, your rapporteur proposes that Parliament should consent to this authorisation.

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted

13.7.2015

 

 

 

Result of final vote

+:

–:

0:

22

0

0

Members present for the final vote

Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Mady Delvaux, Rosa Estaràs Ferragut, Dietmar Köster, Gilles Lebreton, António Marinho e Pinto, Emil Radev, Julia Reda, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss, Tadeusz Zwiefka

Substitutes present for the final vote

Angel Dzhambazki, Evelyne Gebhardt, Heidi Hautala, Sylvia-Yvonne Kaufmann, Virginie Rozière

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

Ángela Vallina, Bogdan Brunon Wenta

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