The European Parliament,

–   having regard to the Commission proposal (SEC(2005)0548 - C6-0127/2005),

–   having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1),

–   having regard to the outcome of the trialogue of 11 July 2005,

–   having regard to the report of the Committee on Budgets (A6-0254/2005),

A.   whereas the possibility of an EU contribution to the reconstruction of the Tsunami-affected countries was absolutely unforeseeable when the financial perspectives were adopted on 6 May 1999,

B.   whereas the pledge of EUR 350 million made by the Commission on behalf of the European Union at the Jakarta Tsunami Aid Conference of 6 January 2005 to set up the Community's contribution to the Tsunami-affected countries' rehabilitation and reconstruction was preceded by prior consultation of the budgetary authority,

C.   whereas the Parliament entered an amount of EUR 123 million as emergency aid in the 2005 budget for the Tsunami-affected countries without reducing the funding for existing policies,

D.   recalling that, according to point 24 of the Interinstitutional Agreement of 6 May 1999, the portion of the annual amount which is not used may be carried over up to the year n+2 and that, if the instrument is mobilised, any carryovers will be drawn on in order of age; taking the view, therefore, that the mobilised amount of EUR 15 million is coming from the amount carried over from the year 2004; noting also that, after this mobilisation, the amount remaining available for 2005 under the flexibility instrument will be EUR 293 million,

E.   recalling that, on 7 January 2005, the Council committed to ensuring that any resources released in this context are additional to commitments already made,

1.  Stresses that the mobilisation of the flexibility instrument provided for in point 24 of the Interinstitutional Agreement of 6 May 1999 was decided in December 2004 for 2005, as the necessary funding to face international crises since 2000 could not be provided within the initial ceilings of heading 4 of the financial perspective;

2.  Is willing to provide the European Union with the means appropriate to assuming its new responsibilities in the world, without affecting its traditional priorities;

3.  Approves, therefore, the decision, annexed to this resolution, to further mobilise the flexibility instrument provided for in point 24 of the Interinstitutional Agreement;

4.  Nevertheless criticises the Council's unwillingness to mobilise the flexibility instrument in the amount of EUR 98 million, as proposed by the Commission, which delayed adoption of the decision to mobilise the flexibility instrument;

5.  Instructs its President to forward this resolution, including the Annex, to the Council and to the Commission for information.

(1) OJ C 172 of 18.6.1999, p. 1. Agreement amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25)

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction assistance to Tsunami affected countries according to point 24 of the Interinstitutional Agreement of 6 May 1999

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 24 thereof,

Having regard to the proposal from the Commission,

Whereas:

The Budget Authority has agreed to support the rehabilitation and reconstruction needs in the earthquake/Tsunami affected countries (mainly Indonesia, Sri Lanka and the Maldives,) for a total amount of EUR 350 million, of which EUR 170 million in 2005, part of the required response will be delivered by redefining indicative and not yet committed programmes for the region in agreement with the governments concerned (EUR 60 million) , by recourse to the Rapid Reaction Mechanism (EUR 12 million) and by the mobilisation of the emergency reserve (EUR 70 million). Since the ceiling for Heading 4: "External actions" is already exceeded by EUR 100 million in 2005, and all possibilities for re-allocating appropriations under this heading have been examined, EUR 15 million will be financed by an additional deployment of the flexibility instrument.

HAVE DECIDED AS FOLLOWS:

Article 1

For the amending budget No 4/2005 to the general budget of the European Union for the financial year 2005, the flexibility instrument shall be used to provide the sum of EUR 15 000 000 in commitment appropriations.

This amount shall be used for the financing of the aid for rehabilitation and reconstruction of the earthquake/Tsunami affected countries in Asia, covered by Heading 4 "External actions" of the financial perspective, under the article 19 10 04 "Rehabilitation and reconstruction operations in developing countries in Asia" of the 2005 budget.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Strasbourg, 7 September 2005

For the European Parliament For the Council

The President The President

(1) OJ C 172, 18.6.1999, p. 1. Agreement amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).