The European Parliament,

–  having regard to the Treaty on the Functioning of the European Union and in particular Articles 310 and 314 thereof and to the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,

–  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and particularly Article 37 thereof,

–  having regard to the general budget of the European Union for the financial year 2010, as finally adopted on 17 December 2009(2),

–  having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–  having regard to Draft amending budget No 3/2010 of the European Union for the financial year 2010, which the Commission presented on 8 April 2010 (COM(2010)0149),

–  having regard to the proposal for a Decision of the European Parliament and of the Council on the Mobilisation of the Flexibility Instrument, which the Commission presented on 8 April 2010 (COM (2010)0150),

–  having regard to the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation, which the Commission presented on 17 March 2010 (COM(2010)0102),

–  having regard to Council's position on Draft amending budget No 3/2010, which the Council established on 13 September 2010 (13472/2010 – C7-0263/2010),

–  having regard to Rule 75b of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A7-0281/2010),

A.  whereas the Commission proposes to amend Regulation (EC) No 1905/2006 of the European Parliament and of the Council(4) in order to allow the financing of Bananas Accompanying Measures (BAM) over the years 2010 to 2013, with an overall budget of EUR 190 million, with a potential supplementary EUR 10 million, if margins allow,

B.  whereas the proposed annual breakdown of the financial assistance for BAM foresees an amount of EUR 75 million in 2010,

C.  whereas the margin available under heading 4 is only EUR 875 530, due to the need to finance to the greatest extent, in 2010, EU's priorities in its role as a global player,

D.  whereas the major part of this financial assistance in 2010 stems from redeployment within heading 4 of the budget (EUR 55,8 million out of EUR 75 million),

E.  whereas the proposed redeployment affects instruments and actions that the EU and particularly the European Parliament have defined as being of great interest,

F.  whereas the need for financial assistance to BAM was not foreseen when adopting the current Multiannual Financial Framework,

G.  whereas the past budgetary procedures have illustrated the extreme pressure this heading has been under,

H.  whereas the EU financial assistance to ACP banana supplying countries, affected by the Most Favoured Nation liberalisation in the framework of the WTO, should not be questioned and the budgetary effort should not be delayed,

I.  whereas, in substance, Parliament is ready, in conciliation, to negotiate with the other branch of the budgetary authority,

J.  whereas the remaining margin of EUR 875 530 could be used for the financing of BAM,

1.  Takes note of Draft amending budget No 3/2010 and of Council's Position;

2.  Recalls its principle position that new priorities should be financed by new funds;

3.  Considers that the financing of BAM fulfils the conditions provided for in point 27 of the IIA of 17 May 2006 on the use of the Flexibility Instrument;

4.  Calls on the Commission to present a new proposal for the mobilisation of the Flexibility Instrument for the remaining part of EUR 74 124 470;

5.  Has decided to amend Council's position on Draft amending budget No 3/2010 as set out below;

6.  Instructs its President to forward this resolution, together with the amendment, to the Council and the Commission.

(1) OJ L 248, 16.9.2002, p. 1. (2) OJ L 64, 12.3.2010. (3) OJ C 139, 14.6.2006, p. 1. (4) OJ L 378, 27.12.2006, p. 41.

SECTION III: Commission

NOMENCLATURE:

Unchanged

REMARKS:

Unchanged

JUSTIFICATION

See the resolution adopted by the Parliament on the Council's position.