(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0894),

–   having regard to Articles 61(c), 65, 67(2) and 67(5) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0035/2009),

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

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A6-0265/2009),

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   Amendment Amendment 54 Proposal for a regulation Title Proposal for a Council Regulation of […] establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations, and applicable law in matters relating to maintenance obligations Proposal for a Council Regulation of […] establishing a procedure for the negotiation and conclusion of agreements concerning jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and applicable law in matters relating to maintenance obligations Amendment 55 Proposal for a regulation Recital 1 (1)  Title IV of the Treaty establishing the European Community (hereinafter "the EC Treaty") provides the legal basis for the adoption of Community legislation in the field of judicial cooperation in civil matters. (1)  Title IV of Part Three of the Treaty establishing the European Community (hereinafter "the EC Treaty") provides the legal basis for the adoption of Community legislation in the field of judicial cooperation in civil matters. Amendment 56 Proposal for a regulation Recital 2 (2)  Judicial cooperation in civil matters between Member States and third countries has traditionally been governed by agreements between Member States and third countries. (2)  Judicial cooperation in civil matters between Member States and third countries has traditionally been governed by agreements between Member States and third countries. Such agreements, of which there are a large number, often reflect special ties between a Member State and a particular third country and are intended to provide an adequate legal framework to meet the specific needs of the parties concerned. Amendment 57 Proposal for a regulation Recital 3 (3)  Article 307 of the EC Treaty requires the elimination of any incompatibilities between the Community acquis and international agreements concluded by Member States and third countries. This may involve the need for re-negotiation of these agreements. (3)  Article 307 of the EC Treaty requires the Member States to take all appropriate steps to eliminate any incompatibilities between the Community acquis and international agreements concluded by Member States with third countries. This may involve the need for the re-negotiation of such agreements. Amendment 58 Proposal for a regulation Recital 4 (4)  There may also be a need for the conclusion of new agreements with third countries governing areas of civil justice that come within the purview of Title IV of the EC Treaty. (4)  In order to provide an adequate legal framework to meet the specific needs of a given Member State in its relations with a third country, there may also be a manifest need for the conclusion of new agreements with third countries relating to areas of civil justice that come within the purview of Title IV of Part Three of the EC Treaty. Amendment 59 Proposal for a regulation Recital 5 (5)  The ECJ confirmed in its Opinion 1/03 of 7 February 2006 relating to the conclusion of the new Lugano Convention, that the Community has acquired exclusive external competence to negotiate and conclude international agreements with third countries on a number of important subject matters referred to in Title IV of the EC Treaty. In particular, the Court confirmed that the Community has acquired exclusive competence to conclude international agreements with third countries, on matters affecting the rules set out inter alia in Regulation (EC) No 44/2001 ("Brussels I"), in particular on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. (5)  The Court of Justice of the European Communities confirmed in its Opinion 1/03 of 7 February 2006 relating to the conclusion of the new Lugano Convention that the Community has acquired exclusive competence to conclude an international agreement such as the Lugano Convention with third countries on matters affecting the rules in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1 ("Brussels I"). ___________________ OJ L 12, 16.1.2001, p. 1. Amendment 60 Proposal for a regulation Recital 6 (6)  Thus, pursuant to Article 300 of the EC Treaty, it is for the Community to conclude such agreements between the Community and a third country, as far as Community competence is concerned. (6)  It is for the Community to conclude, pursuant to Article 300 of the EC Treaty, agreements between the Community and a third country on matters falling within the exclusive competence of the Community. Amendment 61 Proposal for a regulation Recital 7 (7)  Article 10 of the EC Treaty requires Member States to facilitate achievement of the Community's tasks and to abstain from any measure which could jeopardize the attainment of the objectives of the Treaty. This duty of genuine cooperation is of general application and does not depend on whether the Community competence is exclusive or not. (7)  Article 10 of the EC Treaty requires Member States to facilitate the achievement of the Community's tasks and to abstain from any measure which could jeopardise the attainment of the objectives of the Treaty. This duty of loyal cooperation is of general application and does not depend on whether the Community competence is exclusive or not. Amendment 62 Proposal for a regulation Recital 8 (8)  An assessment is needed of whether there currently exists sufficient Community interest in replacing all existing or proposed bilateral agreements between Member States and third countries with Community agreements. Consequently, it is necessary to establish a procedure with a twofold purpose. The first is to allow the Community to assess whether there is such sufficient Community interest in the conclusion of a particular bilateral agreement. The second is to authorise Member States to conclude the agreement at issue if there is no current Community interest in the conclusion of such an agreement. deleted Amendment 43 Proposal for a regulation Recital 9 (9)  A coherent and transparent procedure should be established to authorise Member States to amend existing agreements with third countries or to negotiate and conclude new agreements in exceptional circumstances, in particular where the Community itself has not indicated its intention to exercise its external competences to conclude the agreement. This procedure is without prejudice to the exclusive competence of the Community and the provisions of Articles 300 and 307 of the EC Treaty. Because it derogates from the rule that the Community is exclusively competent to conclude international agreements on these matters, the proposed procedure must be regarded as an exceptional measure and must be limited in scope and in time. (9)  With regard to agreements with third countries on particular matters of civil justice falling within the exclusive competence of the Community, a coherent and transparent procedure should be established to authorise a Member State to amend an existing agreement or to negotiate and conclude a new agreement, in particular where the Community itself has not indicated its intention to exercise its external competences to conclude an agreement by way of an already existing negotiating mandate or a proposed negotiating mandate. This procedure is without prejudice to the exclusive competence of the Community and the provisions of Articles 300 and 307 of the EC Treaty. It must be regarded as an exceptional measure and must be limited in scope and in time. Amendment 44 Proposal for a regulation Recital 9 a (new) (9a)  This Regulation should not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter. Two agreements should be considered to concern the same subject matter only if and to the extent that they regulate in substance the same specific legal matter. Provisions simply stating a general intention to cooperate on such issues should not be considered as concerning the same subject matter. Amendment 65 Proposal for a regulation Recital 9 b (new) (9b)  Certain regional agreements referred to in existing Community legal acts should be covered by this Regulation. Amendment 46 Proposal for a regulation Recital 9 c (new) (9c)  The Commission should define priorities with a view to developing the Community's external relations in the area of judicial cooperation in civil and commercial matters, in accordance with guidelines that the Council may adopt in the future. Amendment 66 Proposal for a regulation Recital 10 (10)  The present Regulation should be limited to agreements concerning sectoral matters related to the fields of jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations and to the applicable law in matters relating to maintenance obligations. deleted Amendment 67 Proposal for a regulation Recital 11 (11)  In order to ensure that an agreement proposed by a Member State does not render Community law ineffective and undermine the proper functioning of the system established by its rules, authorisation should be required both in order to start or continue negotiations and to conclude an agreement. This will enable the Commission to assess the expected impact of the (possible) outcome of negotiations on Community law. In relevant cases, the Commission can propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreements. (11)  In order to ensure that an agreement envisaged by a Member State does not render Community law ineffective and does not undermine the proper functioning of the system established by its rules, as well as to ensure that it does not undermine the Community's external relations policy as decided by the Community, the Member State concerned should be required to notify the Commission of its intentions with a view to obtaining an authorisation to open or continue formal negotiations on an agreement as well as to conclude an agreement. Such a notification should be made by letter or by electronic means. It should contain all relevant information and documentation enabling the Commission to assess the expected impact on Community law of the outcome of the negotiations. Amendment 47 Proposal for a regulation Recital 11 a (new) (11a)  An assessment should be made of whether there is a Community interest in concluding a bilateral agreement between the Community and the third country concerned or, where appropriate, if there is a Community interest in replacing an existing bilateral agreement between a Member State and a third country by a Community agreement. To that end, all Member States should be informed of any notification received by the Commission concerning an agreement proposed by a given Member State, in order to allow them to demonstrate their interest in joining the initiative of the notifying Member State. If, from this exchange of information, a Community interest were to emerge, the Commission should consider proposing a negotiating mandate with a view to the conclusion of an agreement between the Community and the third country concerned. Amendment 69 Proposal for a regulation Recital 11 b (new) (11b)  If the Commission requests additional information from a Member State in connection with its assessment as to whether that Member State should be authorised to open negotiations with a third country or third countries, such a request should not affect the length of the period within which the Commission must give a reasoned decision on the application of that Member State to open such negotiations. Amendment 70 Proposal for a regulation Recital 11 c (new) (11c)  When authorising the opening of formal negotiations, the Commission should, where appropriate, be able to propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreement. The Commission should be kept fully informed throughout the different stages of the negotiations as far as matters falling within the scope of this Regulation are concerned and may be allowed to participate as an observer in relation to those matters. Amendment 48 Proposal for a regulation Recital 11 d (new) (11d)  When notifying the Commission of their intention to enter into negotiations with a third country, Member States need to inform the Commission of elements which are of relevance for the assessment which it needs to make. An authorisation by the Commission and any possible negotiating guidelines or, as the case may be, a refusal by the Commission should concern only matters falling within the scope of this Regulation. Amendment 49 Proposal for a regulation Recital 11 e (new) (11e)  The European Parliament, the Council and the Member States should be informed of any notification to the Commission concerning proposed or negotiated agreements and of any reasoned decision by the Commission under this Regulation. Such information should however fully comply with any applicable confidentiality requirements. Amendment 73 Proposal for a regulation Recital 11 f (new) (11f)  The European Parliament, the Council and the Commission should ensure that any information identified as confidential is treated in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1. ___________________________ 1OJ L 145, 31.5.2001, p. 43. Amendment 74 Proposal for a regulation Recital 11 g (new) (11g)  In situations where the Commission, on the basis of its assessments, intends not to authorise the opening of formal negotiations or the conclusion of a negotiated agreement, the Commission should, before giving its reasoned decision, issue an opinion to the Member State concerned. In the case of the conclusion of a negotiated agreement, the opinion should be addressed to the European Parliament and to the Council. Amendment 75 Proposal for a regulation Recital 12 (12)  In order to ensure that the agreement does not constitute an obstacle to the implementation of the Community's external policy on judicial cooperation in civil and commercial matters, the agreement should provide for its denunciation, when a Community agreement with the same third country on the same subject matters is concluded. (12)  In order to ensure that the negotiated agreement does not constitute an obstacle to the implementation of the Community's external policy on judicial cooperation in civil and commercial matters, the agreement should provide for either its denunciation in part or in full in the event of a subsequent agreement between the Community or the Community and its Member States and the same third country on the same subject matter or for the direct replacement of the relevant provisions by the provisions of such a subsequent agreement. Amendment 76 Proposal for a regulation Recital 13 (13)  It is necessary to provide for transitional measures to cover situations where, at the time of the entry into force of this Regulation, Member States are in the process of negotiations with a third country or have concluded the negotiations but have not yet expressed their consent to be bound by the agreement. (13)  Provision should be made for transitional measures to cover situations where, at the time of the entry into force of this Regulation, a Member State is in the process of negotiating with a third country or has concluded the negotiations but not yet expressed its consent to be bound by the agreement. Amendment 77 Proposal for a regulation Recital 13 a (new) (13a)  In order to ensure that sufficient experience has been gathered on the application of this Regulation, the Commission should submit its report no earlier than 8 years after its adoption. In its report, exercising its prerogatives, the Commission should confirm the temporary nature of this Regulation or examine whether this Regulation should be replaced by another covering the same subject matters or including also other matters falling within the exclusive competence of the Community and governed by other Community instruments. Amendment 78 Proposal for a regulation Recital 13 b (new) (13b)  If the report to be submitted by the Commission confirms the temporary nature of this Regulation, a Member State should still, after the submission of the report, be able to notify the Commission of ongoing or already announced negotiations with a view to obtaining an authorisation to open formal negotiations. Amendment 79 Proposal for a regulation Recital 14 (14)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission. deleted Amendment 80 Proposal for a regulation Recital 15 (15)  In accordance with the principle of proportionality, as set out in Article 5 of the Treaty, this Regulation does not go beyond what is necessary in order to achieve its objective. (15)  In accordance with the principle of proportionality, as set out in Article 5 of the EC Treaty, this Regulation does not go beyond what is necessary in order to achieve its objective. Amendment 81 Proposal for a regulation Recital 16 (16)   The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, are taking part in the adoption and application of this Regulation, in so far as they took part in the adoption and application of the Regulations covered by this Regulation or have accepted the former Regulations after their adoption. (16)  In accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland have given notice of their wish to take part in the adoption and application of this Regulation. Amendment 82 Proposal for a regulation Article 1 – paragraph 1 1.  This Regulation establishes a procedure to authorise a Member State to amend an existing bilateral agreement between that Member State and a third country, or to negotiate and conclude a new bilateral agreement subject to the conditions laid down in the following provisions. 1.  This Regulation establishes a procedure to authorise a Member State to amend an existing agreement, or to negotiate and conclude a new agreement subject to the conditions laid down in the following provisions. This procedure is without prejudice to the respective competences of the Community and its Member States. Amendment 83 Proposal for a regulation Article 1 – paragraph 2 2.  This Regulation shall apply to bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgements and decisions in matrimonial matters, parental responsibility and maintenance obligations and applicable law in matters relating to maintenance obligations. 2.  This Regulation shall apply to agreements concerning matters falling, wholly or partly, within the scope of Regulation (EC) No 2201/20031 and Regulation (EC) No 4/20092, to the extent that those matters fall within the exclusive competence of the Community. ____________________________ 1 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23.12.2003, p. 1). ____________________________ 2 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). Amendment 84 Proposal for a regulation Article 1 – paragraph 2 a (new) 2a.  This Regulation shall not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter. Amendment 85 Proposal for a regulation Article 2 – paragraph 1 1.  For the purposes of this Regulation, the term "agreement" shall be understood as meaning bilateral agreement between a Member State and a third country. 1.  For the purposes of this Regulation, the term "agreement" shall mean: (a) a bilateral agreement between a Member State and a third country; (b) the regional agreements referred to in Article 59(2)(a) of Regulation (EC) No 2201/2003, without prejudice to Articles 59(2)(c) and 59(3) of that Regulation, and in Article 69(3) of Regulation (EC) No 4/2009. Amendment 86 Proposal for a regulation Article 2 – paragraph 2 2.  For the purposes of this Regulation, "Member State" shall mean any Member State other than Denmark. 2.  For the purposes of this Regulation, "Member State" shall mean Member States with the exception of Denmark. Amendment 87 Proposal for a regulation Article 3 – paragraph 1 1.  Where a Member State intends to enter into negotiations with a third country to amend an existing agreement or to conclude a new agreement falling within the scope of this Regulation, it shall notify the Commission of its intention in writing. 1.  Where a Member State intends to enter into negotiations in order to amend an existing agreement or to conclude a new agreement falling within the scope of this Regulation, it shall notify the Commission in writing of its intention at the earliest possible moment before the envisaged opening of formal negotiations. Amendment 88 Proposal for a regulation Article 3 – paragraph 2 2.  The notification shall include a copy of the existing agreement, the draft agreement or the draft proposal by the third country concerned, if available, and any other relevant documentation. The Member State shall describe the objectives of the negotiations and shall specify the issues which are to be addressed, or the provisions of the existing agreement, which are to be amended, and shall provide any other relevant information. 2.  The notification shall include, as appropriate, a copy of the existing agreement, the draft agreement or the draft proposal, and any other relevant documentation. The Member State shall describe the subject matter of the negotiations and shall specify the issues which are to be addressed in the envisaged agreement, or the provisions of the existing agreement which are to be amended. The Member State may provide any other additional information. Amendment 89 Proposal for a regulation Article 3 – paragraph 3 3.  The notification shall be made at least three months before formal negotiations are scheduled to commence with the third country concerned. deleted Amendment 90 Proposal for a regulation Article 4 – paragraph 1 1.  Upon notification, the Commission shall make an assessment as to whether the Member State can pursue negotiations with the third country concerned. If the Community has already concluded any agreement with the third country concerned on the same subject matters, the application of the Member State will be automatically rejected by the Commission. 1.  Upon receipt of the notification, the Commission shall assess whether the Member State may open formal negotiations. Amendment 91 Proposal for a regulation Article 4 – paragraph 2 ‐ introductory part 2.  If the Community has not yet concluded an agreement with the third country concerned, the Commission shall in making its assessment first check whether any relevant Community agreement with the third country concerned is expected in the near future. If this is not the case, the Commission may grant authorisation, provided that the following two conditions are met: 2.  The Commission shall, in making this assessment, first check whether any relevant negotiating mandate with a view to a Community agreement with the third country or third countries concerned is specifically envisaged within the following 24 months. If this is not the case, the Commission shall assess whether all of the following conditions are met: Amendment 92 Proposal for a regulation Article 4 – paragraph 2 ‐ point a (a) the Member State concerned has demonstrated that there is a specific interest in concluding the bilateral sectoral agreement with the third country, related in particular to the existence of economic, geographic, cultural or historical ties between the Member State and that third country; and (a) the Member State concerned has provided information to the effect that it has a specific interest in concluding the agreement due to economic, geographic, cultural, historical, social or political ties between the Member State and the third country concerned; Amendment 93 Proposal for a regulation Article 4 – paragraph 2 ‐ point b (b) the Commission determines that the proposed agreement is of limited impact on the uniform and consistent application of the Community rules in place and on the proper functioning of the system established by those rules. (b) on the basis of the information transmitted by the Member State, the proposed agreement appears not to render Community law ineffective and appears not to undermine the proper functioning of the system established by its rules; and Amendment 94 Proposal for a regulation Article 4 – paragraph 2 ‐ point b a (new) (ba) the proposed agreement would not undermine the object and purpose of the Community's external relations policy as decided by the Community. Amendment 95 Proposal for a regulation Article 4 – paragraph 2 a (new) 2a.  If the information transmitted by the Member State is not sufficient for the purposes of making the assessment, the Commission may request additional information. Amendment 96 Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 1.  If the Commission concludes that there are no obstacles to the agreement in the light of the conditions referred to in Article 4, it may authorise a Member State to open negotiations on the agreement with the third country concerned. If necessary, the Commission may propose negotiating guidelines and can request the inclusion of particular clauses in the proposed agreement. 1.  If the proposed agreement meets the conditions referred to in Article 4(2), the Commission shall authorise the Member State to open formal negotiations on the agreement. If necessary, the Commission may propose negotiating guidelines and may request the inclusion of particular clauses in the envisaged agreement. Amendment 97 Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 2.  The agreement shall provide for the clause on its denunciation in the event that the Community concludes an agreement with the same third country on the same subject matter. 2.  The agreement shall contain a clause providing for either: (a) full or partial denunciation of the agreement in the event of a subsequent agreement between the Community or the Community and its Member States and the same third country or third countries on the same subject matter, or (b) direct replacement of the relevant provisions of the agreement by provisions of a subsequent agreement between the Community or the Community and its Member States and the third country or the third countries on the same subject matter. The agreement shall include the following clause: "(the name of Member State) will denounce the agreement when the European Community concludes an agreement with (the name of the third country) on the same subject matters of civil justice as governed by the present agreement". The clause referred to in point (a) should be worded along the following lines: "(the name of the Member State) shall denounce this agreement in part or in full if and when the European Community or the European Community and its Member States conclude an agreement with (the name of the third country or third countries) on the same matters of civil justice as those governed by this agreement". The clause referred to in point (b) should be worded along the following lines: "The agreement/provisions (specify) shall cease to be applicable on the day on which an agreement between the European Community or the European Community and its Member States and (the name of the third country or third countries) has entered into force in respect of the matters governed by the agreement/provisions". The Commission shall give a reasoned decision on the application of the Member State within 90 days of receipt of the notification referred to in Article 3. Amendment 98 Proposal for a regulation Article 5 – paragraph 3 3.  The Commission shall take a decision on the authorisation referred to in paragraphs 1 and 2 in accordance with the procedure referred to in Article 8(2). deleted The Commission shall give its decision on the application of the Member State within six months of receipt of the notification referred to in Article 3. Amendment 50 Proposal for a regulation Article 5 a (new) Article 5a Refusal to authorise the opening of formal negotiations 1.  If, on the basis of its assessment under Article 4, the Commission intends not to authorise the opening of formal negotiations on the proposed agreement, it shall issue an opinion to the Member State concerned within 90 days of receipt of the notification referred to in Article 3. 2.  Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution. 3.  If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 3. 4.  In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions. Amendment 100 Proposal for a regulation Article 6 The Commission may participate as an observer in the negotiations between the Member State and the third country. If the Commission does not participate as an observer, it shall be kept informed of the progress and results throughout the different stages of negotiations. The Commission may participate as an observer in the negotiations between the Member State and the third country as far as matters falling within the scope of this Regulation are concerned. If the Commission does not participate as an observer, it shall be kept informed of the progress and results throughout the different stages of the negotiations. Amendment 101 Proposal for a regulation Article 7 – paragraph 1 1.  Before initialling the agreement, the Member State concerned shall notify the Commission of the outcome of negotiations and shall transmit the text of the agreement to the Commission. 1.  Before signing the negotiated agreement, the Member State concerned shall notify the outcome of the negotiations to the Commission and transmit the text of the agreement. Amendment 102 Proposal for a regulation Article 7 – paragraph 2 2.  Upon notification the Commission shall make an assessment as to whether the negotiated agreement complies with its initial assessment. In making this further assessment the Commission must examine whether the proposed agreement includes the requirements made by the Commission, in particular as regards the inclusion of clauses referred to in Article 5(1) and whether the conclusion of the proposed agreement would render the Community law ineffective and would undermine the proper functioning of the system established by its rules. 2.  Upon receipt of this notification the Commission shall assess whether the negotiated agreement: (a) meets the conditions referred to in Article 4(2)(b); (b) meets the condition referred to in Article 4(2)(ba), insofar as there are new and exceptional circumstances in relation to that condition; and (c) fulfils the requirement under Article 5(2). Amendment 103 Proposal for a regulation Article 7 – paragraph 3 3.  If the Commission takes the view that the negotiations have resulted in an agreement which does not fulfil the requirements referred to in paragraph 2, the Member State shall not be authorised to conclude the agreement. deleted Amendment 104 Proposal for a regulation Article 7 – paragraph 4 4.  If the Commission takes the view that the negotiations have resulted in an agreement which fulfils the requirements referred to in paragraph 2, the Member State may be authorised to conclude the agreement. 4.  If the negotiations have resulted in an agreement which fulfils the requirements referred to in paragraph 2, the Member State shall be authorised by the Commission to conclude the agreement. Amendment 105 Proposal for a regulation Article 7 – paragraph 5 – subparagraph 1 5.  The Commission shall take a decision on the authorisation referred to in paragraphs 3 and 4 in accordance with the procedure referred to in Article 8(3). deleted Amendment 106 Proposal for a regulation Article 7 – paragraph 5 – subparagraph 2 The Commission shall give its decision on the application of the Member State within six month of receipt of the notification referred to in paragraph 1. 5.  The Commission shall give a reasoned decision on the application of the Member State within 90 days of receipt of the notification referred to in paragraph 1. Amendment 51 Proposal for a regulation Article 7 a (new) Article 7a Refusal to authorise the conclusion of the agreement 1.  If, on the basis of its assessment under Article 7(2), the Commission intends not to authorise the conclusion of the negotiated agreement, it shall issue an opinion to the European Parliament and to the Council within 90 days of receipt of the notification referred to in Article 7(1). 2.  Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution. 3.  If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 7(1). 4.  In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions. 5.  The Commission shall notify its decision to the European Parliament and to the Council within 30 days of taking it. Amendment 108 Proposal for a regulation Article 8 Article 8 deleted Committee procedure 1.  The Commission shall be assisted by a committee. 2.  Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof. 3.  Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof. 4.  The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months. Amendment 52 Proposal for a regulation Article 8 a (new) Article 8a Information to the European Parliament, the Council and the Member States The Commission shall make available to the European Parliament, the Council and the Member States the notifications received under Articles 3 and 7 and, if necessary, the accompanying documents, as well as all its reasoned decisions under Articles 5, 5a, 7 and 7a, subject to the requirements of confidentiality. Amendment 53 Proposal for a regulation Article 8 b (new) Article 8b Confidentiality 1.  When transmitting information to the Commission under Articles 3, 4(2a) and 7, the Member State concerned may indicate whether any of the information transmitted is to be considered confidential and whether it may be shared with other Member States. 2.  The Commission and Member States shall ensure that any information identified as confidential is treated in accordance with Article 4(1)(a) of Regulation (EC) No 1049/2001. Amendment 111 Proposal for a regulation Article 9 – paragraph 1 1.  Where a Member State has already started negotiating an agreement with a third country at the time of entry into force of this Regulation, Article 3(1) and 3(2) and Articles 4 to7 shall apply. 1.  Where a Member State has already started negotiating an agreement at the time of entry into force of this Regulation, Articles 3 to 7a shall apply. Where the stage of the negotiations so permits, the Commission may propose negotiating guidelines or the inclusion of particular clauses, as referred to in Article 5(1). Where the stage of the negotiations so permits, the Commission may propose negotiating guidelines or request the inclusion of particular clauses, as referred to in Article 5(1) and (2). Amendment 112 Proposal for a regulation Article 9 – paragraph 2 2.  Where a Member State has already completed negotiations at the time of entry into force of this Regulation, without having concluded the agreement, Article 3(1) and 3(2) and Article 7(2) to (5) shall apply. 2.  Where a Member State has already completed negotiations at the time of entry into force of this Regulation, without having concluded the agreement, Article 3, Article 7(2) to (5) and Article 7a shall apply. When deciding whether or not to authorise conclusion of the agreement, the Commission shall also assess whether or not there are any obstacles to the agreement in the light of the conditions referred to in Article 4. Amendment 113 Proposal for a regulation Article 10 No later than the 1st January 2014 the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on application of this Regulation, which may be accompanied by an appropriate legislative proposal. 1.  No earlier than 8 years after the date of adoption of this Regulation, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation. 2.  This report shall either (a) confirm that it is appropriate for this Regulation to expire on the date determined in accordance with Article 10a(1), or (b) recommend that this Regulation be replaced as of that date by a new Regulation. 3.  If the report recommends a replacement of this Regulation as set out in paragraph 2(b), it shall be accompanied by an appropriate legislative proposal. Amendment 114 Proposal for a regulation Article 10 a (new) Article 10a Expiry 1.  This Regulation shall expire 3 years after the submission by the Commission of the report referred to in Article 10. The period of 3 years shall start running on the first day of the month following the last submission of the report to either52+523 the European Parliament or the Council. 2.  Notwithstanding the expiry of this Regulation on the date determined in accordance with paragraph 1, all negotiations ongoing on that date which have been entered into by a Member State under this Regulation with a view to amending an existing agreement or to negotiating and concluding a new agreement shall be allowed to continue and to be completed on the conditions laid down in this Regulation. Amendment 115 Proposal for a regulation Article 11 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. It shall apply until 31 December 2014.