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 Revision of the multiannual financial framework to address additional financing needs of the ITER project |
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The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2011)0226), – 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 (IIA of 17 May 2006)(1), – having regard to the Joint Conclusions of the budgetary trilogue held on 1 December 2011(2), – having regard to the report of the Committee on Budgets and the opinion of the Committee on Industry, Research and Energy (A7-0433/2011), A. whereas an additional EUR 1 300 million in commitment appropriations from the Union budget are required for the ITER project in 2012-2013; B. whereas, at the budgetary trilogue meeting of 1 December 2011, Parliament, the Council and the Commission agreed on the modalities for providing this additional financing to the ITER project; C. whereas that requires a revision of the IIA of 17 May 2006, so as to raise the ceilings for commitment appropriations under subheading 1a by EUR 650 million for the year 2012 and by EUR 190 million for the year 2013 in current prices; D. whereas it considers that all provisions of the IIA of 17 May 2006 continue to remain in force until the new regulation laying down the multiannual financial framework (MFF) enters into force, with the exception of the articles which have become obsolete following the entry into force of the Treaty of Lisbon; E. whereas it deplores the fact that different interpretations, legal constraints and binding commitments have prevented the Council from entering swiftly into real political negotiations with the other branch of the budgetary authority; F. whereas there was constructive cooperation between the delegations of the two branches of the budgetary authority during the trilogue; 1. Approves the decision annexed to this resolution; 2. Emphasises that Parliament, the Council and the Commission agreed to the Joint Conclusions of the budgetary trilogue held on 1 December 2011 in their entirety; 3. Deeply regrets the unilateral statement included in the Council minutes by six Member States intended to make a biased interpretation of the Joint Conclusions; 4. Calls upon the Council to fully respect the Joint Conclusions; reminds the Council of its agreement to making full use of the provisions laid down in the Financial Regulation(3) and in the IIA of 17 May 2006 in order to make available, within the MFF commitment appropriation ceilings, the amount of EUR 360 million in the 2013 budget procedure; affirms that otherwise Parliament cannot guarantee its agreement to that amount; 5. Urges the Commission to use to the full extent the provisions laid down in the Financial Regulation and in the IIA of 17 May 2006 when making concrete proposals on the amount of EUR 360 million within the 2013 Draft budget; 6. Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union; 7. Instructs its President to forward this resolution, including its annexes, to the Council and the Commission. ANNEX I Joint conclusions on financing of ITER Trilogue 1 December 2011 The European Parliament, the Council and the Commission reiterate the importance they attach to the ITER project for the European Union. The European Parliament and the Council have taken note of the proposal made by the Commission(4) to amend the Interinstitutional Agreement as regards the Multiannual Financial Framework in order to provide the additional EUR 1 300 million commitment appropriations from the EU budget required for the ITER project in 2012-2013. The European Parliament, the Council and the Commission agree to cover the EUR 1 300 million additional cost of the ITER project in 2012-2013 as follows: EUR 100 million already included in the 2012 budget on the ITER budget lines; EUR 360 million in commitment appropriations will be made available in the 2013 budget procedure within the MFF commitment appropriations ceilings making full use of the provisions laid down in the Financial Regulation and in the IIA of 17 May 2006, excluding any further ITER-related revision of the MFF; The ceilings for commitment appropriations of Heading 1a for the years 2012 and 2013 will be increased by an amount of EUR 840 million, of which EUR 650 million in 2012 and EUR 190 million in 2013. This increase will be offset by a corresponding decrease of the ceilings for commitment appropriations of Heading 2 (EUR 450 million for the year 2011) and Heading 5 (EUR 243 million for the year 2011 and EUR 147 million for the year 2012); The 2013 ceiling for total payment appropriations will be increased by EUR 580 million offset by a corresponding decrease in the 2011 ceiling. The European Parliament and the Council agree to adopt the above mentioned revision of the Multiannual Financial Framework 2007-2013 before the end of 2011, according to their respective internal procedures. The European Parliament and the Council invite the Commission to make concrete proposals on the amount of EUR 360 million within Draft Budget 2013. ANNEX II DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework, to address additional financing needs of the ITER project (The text of this annex is not reproduced here since it corresponds to the final act, Decision 2012/5/EU.)
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| Draft amending budget No 7/2011: mobilisation of the EU Solidarity Fund - Spain and Italy |
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The European Parliament, – having regard to the Treaty on the Functioning of the European Union and in particular Article 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 in particular Articles 37 and 38 thereof, – having regard to the general budget of the European Union for the financial year 2011, as definitively adopted on 15 December 2010(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 7/2011 of the European Union for the financial year 2011, which the Commission presented on 21 November 2011 (COM(2011)0796), – having regard to the Council position on Draft amending budget No 7/2011, which the Council established on 30 November 2011 (17632/2011 – C7-0442/2011), – having regard to Rules 75b and 75e of its Rules of Procedure, – having regard to the report of the Committee on Budgets (A7-0436/2011), A. whereas Draft amending budget No 7/2011 to the general budget 2011 aims at mobilising the EU Solidarity Fund (EUSF) for an amount of EUR 38 million in commitment and payment appropriations in order to mitigate the effects of the earthquake that hit Murcia, Spain, and of the flooding in the Veneto region, Italy, B. whereas the purpose of Draft amending budget No 7/2011 is to formally enter this budgetary adjustment into the 2011 budget, C. whereas the joint statement on payment appropriations annexed to the budget for the financial year 2011 foresaw the submission of an amending budget ‘if the appropriations entered in the 2011 budget are insufficient to cover expenditure’, D. whereas the two branches of the budgetary authority committed themselves, through the joint statement on Draft amending budget No 7/2011(4) adopted on 19 November 2011 in conciliation committee, to taking a decision before the end of 2011, E. whereas, in the same joint statement, Parliament and the Council agreed on the financing of Draft amending budget No 7/2011 by redeploying appropriations from rural development programmes, 1. Takes note of Draft amending budget No 7/2011; 2. Considers of great importance the quick release of financial assistance through the EUSF for those affected by natural catastrophes, and is therefore greatly concerned, in the case of flooding in the Veneto region, by the fact that the mobilisation of EUSF will only be effective 13 months after the torrential rainfall occurring at the end of October 2010; 3. Calls on all involved parties in the Member States, i.e. both at local and regional level, and national authorities to improve assessment of needs and the coordination for future potential applications for mobilisation of the EUSF with a view to accelerating, as much as possible, the mobilisation of the EUSF; 4. Emphasises, in that regard and in the specific case addressed by Draft amending Budget No 7/2011, that the two branches of the budgetary authority are taking their respective decision with the utmost urgency in order to guarantee a quick delivery of assistance to the affected regions; 5. Approves, without amendment, the Council position on Draft amending budget No 7/2011 and instructs its President to declare that Amending budget No 7/2011 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union; 6. Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.
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| Mobilisation of the EU Solidarity Fund: Spain (earthquake in Lorca) and Italy (Veneto flooding) |
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The European Parliament, – having regard to the Commission proposal to the European Parliament and the Council (COM(2011)0792 – C7-0424/2011), – 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(1) (IIA of 17 May 2006), and in particular point 26 thereof, – having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(2), – having regard to the Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund, – having regard to the letter of the Committee on Regional Development, – having regard to the report of the Committee on Budgets (A7-0437/2011), 1. Approves the decision annexed to this resolution; 2. Recalls that point 26 of the IIA of 17 May 2006 provides that where there is scope for reallocating appropriations under the heading requiring additional expenditure, the Commission shall take this into account when making the necessary proposal; 3. Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; 4. Instructs its President to forward this resolution, including its annex, to the Council and the Commission. ANNEX DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (The text of this annex is not reproduced here since it corresponds to the final act, Decision 2012/6/EU.)
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| Mobilisation of the European Globalisation Adjustment Fund: application EGF/2011/002 Trentino-Alto Adige/Südtirol - Construction of buildings from Italy |
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The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2011)0480 – C7-0384/2011), – 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(1) (IIA of 17 May 2006), and in particular point 28 thereof, – having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund(2) (EGF Regulation), – having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006, – having regard to the letter of the Committee on Employment and Social Affairs, – having regard to the report of the Committee on Budgets (A7-0438/2011), A. whereas the European Union has set up legislative and budgetary instruments to provide additional individual support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their long-term reintegration into the labour market, B. whereas the scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis, C. whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF, D. whereas Italy has requested assistance in respect of a case concerning 643 redundancies, of which 528 have been targeted for assistance, in 323 enterprises operating in the NACE Revision 2 Division 41 (‘Construction of buildings’)(3) in the NUTS II region of Trentino-Alto Adige/Südtirol (ITD1 and ITD2) in Italy, E. whereas the application fulfils the eligibility criteria laid down by the EGF Regulation, 1. Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates in this sense the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be within the framework of the upcoming review of the EGF and that greater efficiency and transparency will be achieved 2. Recalls the institutions' commitment to ensuring a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the EGF, providing one-off, time-limited individual support geared to helping workers who have been made redundant as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the long-term reintegration of workers made redundant into the labour market, in particular the most vulnerable and least qualified workers; 3. Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that the EGF assistance can co-finance only active labour market measures which lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; deplores the fact that the EGF might provide an incentive for companies to replace their contractual workforce with a more flexible and short-term one; 4. Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the compatibility and complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports as well; 5. Notes that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid there being transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives; 6. Welcomes the foreseen reinforcement of the EGF budget line 04 05 01 by EUR 50 000 000 through Amending budget No 3/2011, which will be used to cover the amount needed for this application; 7. Approves the Decision annexed to this resolution; 8. Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union; 9. Instructs its President to forward this resolution, including its annex, to the Council and the Commission. ANNEX DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/002 IT/Trentino-Alto Adige/Südtirol Construction of buildings from Italy) (The text of this annex is not reproduced here since it corresponds to the final act, Decision 2012/7/EU.)
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| Right to information in criminal proceedings ***I |
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2010)0392), – having regard to Article 294(2) and Article 82(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0189/2010), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the contributions submitted by the Greek Parliament, the Spanish Congress of Deputies, the Italian Senate and the Portuguese Parliament on the draft legislative act, – having regard to the opinion of the European Economic and Social Committee of 8 December 2010(1), – after consulting the Committee of the Regions, – having regard to the undertaking given by the Council representative by letter of 16 November 2011 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, – having regard to Rule 55 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 (A7-0408/2011), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 13 December 2011 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council on the right to information in criminal proceedings
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/13/EU).
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| Nomination of a member of the Court of Auditors (Mr K. Pinxten - BE) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0349/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0417/2011), A. whereas Karel Pinxten fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU, 1. Delivers a favourable opinion on the Council's nomination of Karel Pinxten as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| Nomination of a member of the Court of Auditors (Mr H. Otbo - DK) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0345/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0416/2011), A. whereas Henrik Otbo fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU, 1. Delivers a favourable opinion on the Council's nomination of Henrik Otbo as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| Nomination of a member of the Court of Auditors (Mr J-F. Corona Ramón - ES) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0343/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0422/2011), A. whereas Juan-Francisco Corona Ramón fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU; 1. Delivers a favourable opinion on the Council's nomination of Juan-Francisco Corona Ramón as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| Nomination of a member of the Court of Auditors (Mr V. Itälä - FI) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0346/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0418/2011), A. whereas Ville Itälä fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU; 1. Delivers a favourable opinion on the Council's nomination of Ville Itälä as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| Nomination of a member of the Court of Auditors (Mr K. Cardiff - IE) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0347/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0419/2011), A. whereas Kevin Cardiff fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU, 1. Delivers a favourable opinion on the Council's nomination of Kevin Cardiff as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| Nomination of a member of the Court of Auditors (Mr P. Russo - IT) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0348/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0420/2011), A. whereas Pietro Russo fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU, 1. Delivers a favourable opinion on the Council's nomination of Pietro Russo as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| Nomination of a member of the Court of Auditors (Mr V. Caldeira - PT) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0344/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0423/2011), A. whereas Vítor Manuel da Silva Caldeira fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU; 1. Delivers a favourable opinion on the Council's nomination of Vítor Manuel da Silva Caldeira as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| Nomination of a member of the Court of Auditors (Mr H.G. Wessberg - SE) |
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(Consultation) The European Parliament, – having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0342/2011), – having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors, – having regard to Rule 108 of its Rules of Procedure, – having regard to the report of the Committee on Budgetary Control (A7-0415/2011), A. whereas Hans Gustaf Wessberg fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU; 1. Delivers a favourable opinion on the Council's nomination of Hans Gustaf Wessberg as a Member of the Court of Auditors; 2. Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. | |||||||
| European Protection Order ***II |
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(Ordinary legislative procedure: second reading) The European Parliament, – having regard to the Council position at first reading (15571/1/2011 – C7-0452/2011), – having regard to its position at first reading(1) on the initiative emanating from a group of Member States submitted to Parliament and the Council (00002/2010), – having regard to Article 294(7) and Article 82(1) (a) and (d) of the Treaty on the Functioning of the European Union, – having regard to Rule 72 of its Rules of Procedure, – having regard to the joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality under Rule 51 of the Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A7-0435/2011), 1. Approves the Council position at first reading; 2. Takes note of the Council statement annexed to this resolution; 3. Notes that the act is adopted in accordance with the Council position; 4. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; 5. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; 6. Instructs its President to forward its position to the Council, the Commission and the national parliaments. ANNEX TO THE LEGISLATIVE RESOLUTION Statement of the Council on the comprehensive approach to the question of recognition of protection measures The Council welcomes the adoption of the Directive of the European Parliament and of the Council on the European protection order, as an important instrument of the protection of the victims of crime in the European Union. Considering the fact that this Directive is focused on protection measures taken in criminal matters, and given the different legal traditions in the Member States in this field, the Council is aware that this instrument will have to be complemented in the future by a similar mechanism for mutual recognition of protection measures taken in civil matters. In this respect, the Council recalls that the proposal presented by the Commission on 18 May 2011 for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters is currently under examination in the preparatory bodies of the Council. In line with its Resolution of 10 June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings (see Measure ‘C’), the Council commits itself to continuing the examination of this proposal as a matter of priority. It also commits itself to ensure that this instrument will complement the provisions of the Directive on the European protection order, so that the combined scope of application of the two instruments enables the cooperation among the Member States, irrespective of the nature of their national systems, with respect to the highest possible number of protection measures for victims.
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| Single application procedure for residence and work ***II |
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(Ordinary legislative procedure: second reading) The European Parliament, – having regard to the Council position at first reading (13036/3/2011 – C7-0451/2011), – having regard to the opinion of the European Economic and Social Committee of 9 July 2008(1), – having regard to the opinion of the Committee of the Regions of 18 June 2008(2), – having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2007)0638), – having regard to Article 294(7) of the Treaty on the Functioning of the European Union, – having regard to the common deliberation of the committee responsible, the Committee on Civil Liberties, Justice and Home Affairs, and the associated committee, the Committee on Employment and Social Affairs, on 5 December 2011, – having regard to Rule 72 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A7-0434/2011), 1. Approves the Council position at first reading; 2. Notes that the act is adopted in accordance with the Council position; 3. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; 4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; 5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
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| General Fisheries Commission for the Mediterranean Agreement Area ***II |
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(Ordinary legislative procedure: second reading) The European Parliament, – having regard to the Council position at first reading (12607/2/2011 – C7-0370/2011), – having regard to the opinion of the European Economic and Social Committee of 17 March 2010(1), – having regard to its position at first reading on the Commission proposal to the Council (COM(2009)0477)(2), – having regard to Article 294(7) of the Treaty on the Functioning of the European Union, – having regard to Rule 72 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Fisheries (A7-0392/2011), 1. Approves the Council position at first reading; 2. Notes that the act is adopted in accordance with the Council position; 3. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union 4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; 5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
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| Annual accounts of certain types of companies as regards micro-entities ***II |
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(Ordinary legislative procedure: second reading) The European Parliament, – having regard to the Council position at first reading (10765/1/2011 – C7-0323/2011), – having regard to the opinion of the European Economic and Social Committee of 15 July 2009(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2009)0083), – having regard to the undertaking given by the Council representative by letter of 23 November 2011 to approve Parliament's position at second reading, in accordance with Article 294(8)(a) of the Treaty on the Functioning of the European Union, – having regard to Article 294(7) of the Treaty on the Functioning of the European Union, – having regard to Rule 66 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Legal Affairs (A7-0393/2011), 1. Adopts its position at second reading hereinafter set out; 2. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at second reading on 13 December 2011 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council amending Council Directive 78/660/EEC on the annual accounts of certain types of companies as regards micro-entities
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/6/EU.)
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| Provisions relating to financial management for certain Members States experiencing or threatened with serious difficulties with respect to their financial stability ***I |
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2011)0481), – having regard to Article 294(2) and Articles 42 and 43 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0218/2011), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the opinion of the European Economic and Social Committee of 27 October 2011(1), – having regard to the undertaking given by the Council representative by letter of 28 November 2011 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, – having regard to Rule 55 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A7-0405/2011), 1. Adopts its position at first reading, hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 13 December 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1312/2011.)
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| Trade and investment barriers |
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The European Parliament, – having regard to the Agreement on Technical Barriers to Trade (TBT Agreement) adopted in 1994 as part of the Uruguay Round of WTO negotiations(1), – having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(2) (Trade Barriers Regulation, TBR), – having regard to its earlier resolutions, in particular the resolution of 13 October 2005 on prospects for trade relations between the EU and China(3), the resolution of 1 June 2006 on EU-US transatlantic economic relations(4), the resolution of 28 September 2006 on the EU's economic and trade relations with India(5), the resolution of 12 October 2006 on economic and trade relations between the EU and Mercosur with a view to the conclusion of an Interregional Association Agreement(6), the resolution of 22 May 2007 on Global Europe – external aspects of competitiveness(7), the resolution of 19 June 2007 on EU economic and trade relations with Russia(8), the resolution of 19 February 2008 on the EU's Strategy to deliver market access for European companies(9), the resolution of 24 April 2008 on ‘Towards a reform of the World Trade Organisation’(10), the resolution of 5 February 2009 on Trade and economic relations with China(11), the resolution of 26 March 2009 on an EU-India Free Trade Agreement(12), the resolution of 21 October 2010 on the European Union's trade relations with Latin America(13), the resolution of 17 February 2011 on the Free Trade Agreement between the EU and the Republic of Korea(14), the resolution of 6 April 2011 on European international investment policy(15), its Position of 10 May 2011 on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries(16), the resolution of 11 May 2011 on the state of play in the EU-India Free Trade Agreement negotiations(17), the resolution of 11 May 2011 on EU-Japan Trade relations(18), the resolution of 8 June 2011 on EU-Canada trade relations(19), the resolution of 13 September 2011 on an effective raw materials strategy for Europe(20), the resolution of 27 September 2011 on a New Trade Policy for Europe under the Europe 2020 Strategy(21) and the resolution of 25 October 2011 on modernisation of public procurement(22), – having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Global Europe: Competing in the World – A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567), – having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Trade, Growth and World Affairs – Trade Policy as a core component of the EU's 2020 Strategy’ (COM(2010)0612), – having regard to the Report from the Commission to the European Council entitled ‘Trade and Investment Barriers Report 2011 – Engaging our strategic economic partners on improved market access: Priorities for action on breaking down barriers to trade’ (COM(2011)0114), – having regard to the report by Copenhagen Economics entitled ‘Assessment of barriers to trade and investment between the EU and Japan’, published on 30 November 2009, – having regard to Rule 48 of its Rules of Procedure, – having regard to the report of the Committee on International Trade and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0365/2011), A. whereas the rule-based multilateral trading system, which was established under the aegis of the World Trade Organisation (WTO), is the most suitable framework for regulating and promoting open and fair trade and guaranteeing the development of fair and equitable global trade rules; whereas efforts are still needed to reform the WTO with a view to making it more democratic and efficient and clarifying its relations with other key international organisations; B. whereas the EU should continue to give priority to achieving a balanced outcome of the Doha Development Agenda (DDA) which would support the integration of developing countries, particularly the least developed countries (LDCs), into the international trading system and contribute to establishing and enforcing fairer and more equitable multilateral trade rules among all its members; C. whereas the WTO International Trade Statistics for the period 2000-2009 show a substantial increase in trade exchanges for those regions which have opened up their markets by lifting or significantly reducing barriers to trade(23); but whereas at the same time a joint ILO-WTO report has shown that during the financial crisis some countries – in both industrialised and developing countries – that were more open to trade experienced more external trade shocks and that in those countries the shocks resulted in significant job losses(24); D. whereas the Commission's Trade and Investment Barriers Report 2011 lists examples where the EU's market access to different countries in the world, including industrialised and major emerging economies and WTO members, is being constrained more by various non-tariff barriers (NTBs) than by trade tariffs, which are being waived substantially as globalisation progresses; E. whereas public procurement procedures in the EU's strategic partner countries tend to be closed to foreign participants and are still relatively unaffected by international commitments, while the EU is much more open than other countries in this regard; F. whereas EU producers have experienced long-lasting difficulties in registering and defending their geographical indications (GIs) in the US; whereas the US treats a number of European wine names (e.g. ‘Champagne’) as ‘semi-generics’, notwithstanding the possible damage to the reputation and market share of the EU GI in question; G. whereas European manufacturers penetrate the Japanese market with difficulty, particularly in the automotive, aviation and aeronautics sectors, and especially in relation to public procurement; whereas in Japan's car market these difficulties are chiefly due to the slow pace of adoption by Japan of the relevant international standards (Japan has disappointingly adopted only 40 of the 127 UN-ECE Regulations under the 1958 Agreement); acknowledges, however, that these include 30 of the 47 that concern Passenger Cars (M1), the sector of Japan's market which is most relevant to European car manufacturers, and that the slow pace of adoption of international standards by Japan restricts the benefits of the mutual recognition provisions of the 1958 UN-ECE Agreement; whereas the EU-Japan Regulatory Reform Dialogue (RRD), launched in 1994, has not yet led to any significant progress on harmonisation or mutual recognition of regulations, which demonstrates, especially in light of the current economic climate, the importance of addressing and eliminating unnecessary NTBs, possibly by opening up negotiations on an EU-Japan EIA/FTA, provided that the scoping exercise shows that the required conditions, such as, but not limited to those mentioned above, including the 17 M1 sector issues, are met, and notes that Japan's test cycle to measure the emissions and fuel efficiency of light vehicles makes European ones less likely to qualify for the Japanese environmental performance-based tax incentives; H. whereas Russia's increase in export duties on copper from 0% to 10% and on nickel from 5% to 10% since December 2010, together with the high export duties on timber, have imposed export restrictions on vital raw materials for European industries, primarily the steel sector(25) and the forestry industry; I. whereas the Extractive Industries Transparency Initiative (EITI) ought to be an effective tool for ensuring transparency and combating speculation on commodity markets; J. whereas NTBs in China have been steadily growing in number in recent years and could restrict companies' development, particularly that of SMEs established on Chinese territory; K. whereas for more than a year the registration of European cosmetic products in China was almost impossible, particularly in the case of those containing new ingredients, because China lacked both a proper legal definition of the latter and clear guidelines on the procedure itself(26); L. whereas concerns have arisen since the end of 2010 about the recommendations of the Telecom Regulatory Authority of India (TRAI) concerning a ‘Telecom Equipment Manufacturing Policy’ that would grant preferential market access to domestically manufactured products (DMP)/telecom equipment, mainly by means of subsidies and specific fiscal and government-procurement-related measures(27); M. whereas Brazil and Argentina regularly adopt tariff and non-tariff measures that affect European companies unfavourably although they are both involved, as members of Mercosur, in negotiating a free trade agreement with the EU; whereas, moreover, deficiencies in Intellectual Property Rights (IPR) protection and enforcement and the considerable registration backlog in patent and trademark applications affecting various goods, including additional discriminatory requirements for pharmaceuticals, are reported by EU companies at entry to the Brazilian market; whereas the delay in ratification by Brazil of the Madrid Protocol and its non-accession to the World Intellectual Property Organisation (WIPO) Internet Treaties are both affecting the effective protection of IPR in the country; and whereas sanctions are not a sufficient deterrent to combat IP infringements; N. whereas EU exporters face many types of restriction in other markets, for example Vietnam's limited points of entry and requirement for additional documentation for imports of wines and spirits, cosmetics and mobile phones(28), and Ukraine's burdensome customs valuation, arbitrary product reclassification and increase in the applicable VAT payment with respect to agri-food, wines and spirits, clothing and machinery; O. whereas the area of clean and renewable energy technology is increasingly the subject of NTBs such as local content requirements, public procurement discriminations, favouritism toward national state-owned enterprises, restriction of the movement of non-national personnel, local sourcing and ownership requirements etc. in countries such as China, India, Ukraine, Brazil and Nigeria; P. whereas the EU should actively defend its industries, whenever necessary, against violations of agreed rules, WTO standards and principles by its trading partners, using all available means, including multilateral and bilateral dispute settlement mechanisms and WTO-compatible trade defence instruments; Q. whereas under EU law European and foreign companies can tender for European public contracts without discrimination, and whereas the Union's partners should do their utmost to grant European companies reciprocal authorisation to tender for public contracts in third countries on fair and equitable terms; 1. Takes the view that removing or reducing unjustified NTBs and other regulatory obstacles applied by the EU's key strategic partner countries by means of regulatory dialogue should be one of the key regulatory priorities of the new EU trade policy under the Europe 2020 Strategy; regards as unjustified all barriers resulting from the incoherent implementation of bilateral, plurilateral and multilateral trade rules; stresses, however, that regulatory dialogue should respect the right of all states to enhance human rights, environmental rules, social rules and public health; 2. Calls on the Commission to systematically address the great variety, technical complexity and political sensitivity of NTBs as part of a holistic strategy, including enhanced regulatory dialogue, with respect to all the EU's trading partners, particularly those of strategic importance; considers, in particular, the committees reviewing the implementation of bilateral free trade agreements (FTAs), the relevant committees of the WTO and the standard-setting agencies of the UN as the appropriate fora for discussing these regulatory issues; 3. Calls on the Commission to draw a clear distinction between those NTBs which give rise to unfair distortions of competition and those which reflect legitimate public-policy aims, notably in relation to public health and the protection of the environment; emphasises, for example, that the European laws on GMOs and the health- and plant-health-related rules affecting agriculture cannot be regarded as unfair NTBs but should, on the contrary, be defended in the international trade arena; 4. Emphasises that the structured regulatory dialogues envisioned in bilateral FTAs must fully respect the democratic process in the adoption of standards, both in the EU and in its trading partners; 5. Insists that the tackling of NTBs is an inter-service task involving different Commission Directorates-General and should be regarded as a priority on the Commission's regulatory outreach agenda, in particular through the harmonisation of technical rules on the basis of international standards; 6. Requests the Commission to systematically use appropriate channels of its cooperation with like-minded partners to address NTBs and regulatory obstacles in third countries with a view to developing joint strategies for the removal of these barriers; 7. Takes the view that insistence on reciprocity of market access for industrialised and emerging countries should be an integral part of EU trade strategy, on a par with the removal or lowering of NTBs; 8. Calls on the Commission to address these widespread and persistent issues in all plurilateral and bilateral trade agreements, especially FTAs, and to ensure that NTBs are given at least as much attention as is currently afforded tariff elimination in all appropriate regulatory fora, particularly in its trade negotiations with industrialised and emerging economies; emphasises that, in the field of cooperation with developing countries, especially LDCs and Small Island Developing States (SIDs), priority must be accorded to aid for trade and to technical and financial assistance, in order to help such countries improve their regulatory environment while taking account of their specific needs in terms of developing their internal markets and protecting their embryonic industries and their agricultural structures, which in many cases are vulnerable; 9. Considers that the European Parliament should give more attention in future to the manner in which NTBs, especially unjustified NTBs, have been addressed when trade agreements to ensure access for European exporters and investors, in particular SMEs, to third country markets are assessed, while at the same time respecting the need for special, differentiated treatment for developing countries as provided for by WTO disciplines; 10. Encourages the Commission to continue its efforts to maintain an up-to-date inventory of key barriers faced by EU exporters and investors in important third-country markets, in particular FTA partners, including the number and nature of concerns raised by Member States and companies, as a tool for assessing the situation in the third countries; 11. Reminds the Commission that European IPR policy towards developing countries should remain within the TRIPS agreement obligations and must fully respect the 2001 Doha Declaration on the TRIPS agreement and Public Health, especially in the field of generic medicines and public health, so as to leave the developing countries policy space to address public interest concerns; 12. Is of the opinion that, although no direct link can be made at present between specific NTBs and other regulatory hindrances faced by EU companies when trying to access foreign markets, on the one hand, and current job losses in the EU Member States on the other, the Commission should investigate, in consultation with other relevant international organisations, whether there is a correlation between specific NTBs in the EU and in third countries and current job creation or losses in the EU; 13. Points out that the Commission should explore the possibility of developing and establishing an early warning mechanism to detect NTBs and strengthen its existing analytical tools for qualitative evaluation thereof and a clearer definition of unjustified NTBs; proposes that this mechanism should work via the EU delegations based in third countries, in cooperation with the bodies already set up by Member States; 14. Urges the Commission to improve international regulatory cooperation, including in multilateral fora, and convergence of regulatory requirements on the basis of international standards and, where possible, engage in regulatory dialogue to address existing or potential future barriers to trade with a view to limiting disputes and associated trade costs; 15. Urges the Commission to promote, among the parties to the Government Procurement Agreement (GPA), the public procurement disciplines based on international standards as developed in the GPA and to use or expand existing regulatory dialogues in order to enhance cooperation on the regulatory framework and the restructuring and, where appropriate, removal of existing direct and indirect discriminatory practices in the relations of the EU with its industrialised partner countries; 16. Believes that one of the keys to lowering NTBs to trade and investment is reform of the GPA in the WTO, with due regard to the multifunctional nature of procurement policies; calls on the major emerging economies to participate in this process and to sign and ratify the future agreement without delay; 17. Calls on the Commission to maintain a positive and strong stance during the negotiations on China's signing of the GPA in order to secure an equal reciprocal opening-up of Chinese procurement procedures as well as equal treatment and predictable conditions for European businesses; 18. Recommends looking into regulatory means of ensuring that public procurement contracts for projects funded with EU subsidies may not be awarded to state-owned undertakings from third countries which have signed neither the GPA nor bilateral mutual market-opening agreements, or alternatively that in such cases the EU may demand repayment of the subsidies; 19. Recalls the importance of foreign direct investments to the European economy and the need to create a stable and attractive environment for European investors abroad and to promote an open investment environment throughout Europe; suggests, however, that in the interests of both sides it would be desirable to consider at European level evaluating the impact of these investments on the internal market so as to forestall any potential adverse effects on European innovation and know-how in certain strategic sectors; 20. Encourages EU businesses and exporters to make use of the existing channels, including the TBR complaint or the complaints register in the Market Access Database, to report material injuries resulting from all kinds of trade barriers to the Commission, which should assess them and use all necessary measures to tackle unjustified NTBs; 21. Considers that, with regard to raw materials, the Commission should pursue a sustainable, comprehensive and cross-policy strategy, while recognising that export restrictions and export taxes may be seen as important for the support of development objectives, the protection of the environment or the sustainable exploitation of natural resources in LDCs and SIDs and other developing countries, with the exclusion of BRIC countries; notes that the majority of WTO members using export taxes are developing countries and LDCs; calls on the EU to refrain from attempting to ban the use of export taxes for LDCs and SIDs and other developing countries, with the exclusion of BRIC countries, at the WTO and in bilateral trade agreements and Economic Partnership Agreements (EPAs), as it would limit their policy space to use this tool for value-addition, diversification, infant industry protection, food security, revenue and environmental considerations as long as they have not reached advanced developing status; 22. Concludes that, in order to fully appreciate the benefits of trade liberalisation in those countries that open their markets and lift tariffs and NTBs, the trade partners should mutually agree on transitional phasing-in periods with respect to granting access to markets in certain sensitive sectors and investment therein or, in exceptional cases, excluding them completely; 23. In accordance with the EU-US Trade Principles for Information and Communication Technology (ICT) Services (signed with the US under TEC), urges the Commission to fully review and address the use of discriminatory or disproportionate regulations, liabilities and other legislative methods against ICT networks and services to restrict open flow of information and market access for services and further the digital divide; 24. Considers that due priority should be given to trade and investment barriers that affect European service sectors, including ICT and telecommunication, professional and business services, financial services, construction, retail and distribution; these non-tariff measures, including domestic regulations, ownership restrictions and various crisis measures (including discriminatory provisions in public procurement), are of particular importance given the higher value-added of services trade and the EU's position as the largest exporter of services; 25. Takes the view that a mediation mechanism should be created in the WTO to facilitate the removal of NTBs in a constructive, effective, rapid and non-confrontational manner, inspired by the SOLVIT system, in accordance with similar earlier suggestions from both the EU and India; 26. Instructs its President to forward this resolution to the Council and the Commission.
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