(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0760),

–   having regard to Articles 93 and 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0043/2007),

–   having regard to the letter of 1 June 2007 to its President from its Committee on Legal Affairs pursuant to Rule 80a(4) of its Rules of Procedure,

–   having regard to the letter of 20 September 2007 from the President of the Commission stating that the Commission maintains its proposal,

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0472/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

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

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 7 (7)  It is appropriate that the maximum rate of capital duty applicable by the Member States which continue to charge capital duty should be reduced by 2008 and that capital duty should be abolished by 2010 at the latest. (7)  It is appropriate that the maximum rate of capital duty applicable by the Member States which continue to charge capital duty should be reduced by 2010 and that capital duty should be abolished by 2012 at the latest. Amendment 2 Article 7, paragraph 1 1.  Notwithstanding Article 5(1)(a), a Member State which as at 1 January 2006 charged a duty on contributions of capital to capital companies, hereinafter "capital duty", may continue to do so until 31 December 2009 provided that it complies with Articles 8 to 14. 1.  Notwithstanding Article 5(1)(a), a Member State which as at 1 January 2006 charged a duty on contributions of capital to capital companies, hereinafter "capital duty", may continue to do so until 31 December 2011 provided that it complies with Articles 8 to 14. Amendment 3 Article 8, paragraph 3 3.  The rate of capital duty may not in any event exceed 1%, and after 31 December 2007 it may not exceed 0,5%. 3.  The rate of capital duty may not in any event exceed 1%, and after 31 December 2009 it may not exceed 0,5%. Amendment 4 Article 15, paragraph 1, subparagraph 1 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 3, 4, 5, 7, 8, 10, 12, 13 and 14 by 31 December 2006 at the latest. They shall forthwith communicate to the Commission the texts of those provisions and a correlation table between those provisions and this Directive. 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 3, 4, 5, 7, 8, 10, 12, 13 and 14 by 31 December 2009 at the latest. They shall forthwith communicate to the Commission the texts of those provisions and a correlation table between those provisions and this Directive. Amendment 5 Article 16, paragraph 1 Directive 69/355/EEC, as amended by the Directives listed in Part A of Annex II, is repealed with effect from 1 January 2007, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Part B of Annex II. Directive 69/355/EEC, as amended by the Directives listed in Part A of Annex II, is repealed with effect from 1 January 2010, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Part B of Annex II Amendment 6 Article 17, paragraph 2 Articles 1, 2, 6, 9 and 11 shall apply from 1 January 2007. Articles 1, 2, 6, 9 and 11 shall apply from 1 January 2010. Amendment 7 Annex I, point 2 a (new) 2a. companies under Bulgarian law known as: i) акционерно дружество ii) командитно дружество с акции iii) дружество с ограничена отговорност Amendment 8 Annex I, point 21 a (new) 21a. companies under Romanian law known as: i) societăţi în nume colectiv ii) societăţi în comandită simplă iii) societăţi pe acţiuni iv) societăţi în comandită pe acţiuni v) societăţi cu răspundere limitată