(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0450),

–   having regard to Article 251(2) and Article 179(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0280/2008),

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

–   having regard to the report of the Committee on Development and the opinions of the Committee on Budgets and the Committee on Agriculture and Rural Development (A6-0396/2008),

1.  Approves the Commission proposal as amended;

2.  Approves the two joint statements of the Parliament, the Council and the Commission annexed hereto;

3.  Considers that the reference amount indicated in the legislative proposal is not compatible with the ceiling of heading 4 of the multi-annual financial framework without adjusting the ceiling in accordance with the provisions laid down in the Interinstitutional Agreement between the European Parliament, the Council and the Commission, of 17 May 2006, on budgetary discipline and sound financial management(1) (IIA); considers that the financing of this facility instrument should not jeopardise the financing of other priorities and current commitments of the European Union;

4.  Stresses that the provisions of Point 14 of the IIA shall be applied in the event that the legislative authority decides in favour of the adoption of the legislative proposal; stresses that Parliament will enter into negotiations with the other arm of the budgetary authority with a view to reaching a timely agreement on the financing of this facility instrument;

5.  Considers that, in the course of these negotiations, the two arms of the budgetary authority should examine all possibilities of financing, including the extension of the Emergency Aid Reserve; considers that this total financing must not exceed EUR 1 billion;

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

(1) OJ C 139, 14.6.2006, p. 1.

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 1337/2008.)

Joint statement by the European Parliament, the Council and the Commission

on Article 3(1)

The Parliament, the Council and the Commission agree that the submission by the Commission, as soon as possible and before 1 May 2009, of the overall plan which will provide information concerning the list of target countries and the allocation of financial resources between the different eligible entities, in accordance with the appropriate balance mentioned in Article 4(2) of the Regulation, is not a prerequisite for adoption of the initial measures implementing the financing facility as provided for in Article 1 of the Regulation. They also agree that the overall plan will provide for the possibility of adapting implementation to new circumstances, if necessary.

Joint statement by the European Parliament, the Council and the Commission

on Article 13

The Parliament, the Council and the Commission declare that the decision-making procedure for the adoption of the implementing measures must be as simple and as fast as possible, for the period up to 30 April 2009.

The Council accepts that the period for despatching the documents to be submitted for the Committee's opinion should be limited to ten working days.

The Parliament accepts that the period allowed for exercising its right of scrutiny of the measures submitted to the Committee will end five working days after the date of receipt by the Register of Comitology of the Committee's opinion on the draft measures.

The Council and the Commission accept that the Parliament's response will take the form of a letter from the Chairman of the Committee on Development to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament.