European Parliament resolution of 15 September 2021 on the Council position on Draft amending budget No 1 to the general budget for 2021: Brexit Adjustment Reserve (10945/2021 – C9-0348/2021 – 2021/0022(BUD))

P9_TA(2021)0370 A9-0263/2021

The European Parliament,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union,

–  having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

–  having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012(1) (the ‘Financial Regulation’), and in particular Article 44 thereof,

–  having regard to the general budget of the European Union for the financial year 2021, as definitively adopted on 18 December 2020(2),

–  having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027(3) (‘MFF Regulation’),

–  having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources(4),

–  having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (5),

–  having regard to the proposal for a Regulation of the European Parliament and of the Council establishing the Brexit Adjustment Reserve of 25 December 2020(6) (‘BAR Regulation’),

–  having regard to Draft amending budget No 1/2021, which the Commission adopted on 22 January 2021 (COM(2021)0030),

–  having regard to the position on Draft amending budget No 1/2021, which the Council adopted on 19 July 2021 and forwarded to Parliament on 17 August 2021 (10945/2021 – C9‑0348/2021),

–  having regard to Rules 94 and 96 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A9-0263/2021),

A.  whereas the Commission presented on 25 December 2020 a proposal for a regulation establishing the Brexit Adjustment Reserve (the ‘Reserve’) within the thematic special instruments outside of the Union budget ceilings of the MFF ‘to counter unforeseen and adverse consequences in Member States and sectors that are worst affected’ by the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union, mitigating thus its impact on the economic, social and territorial cohesion;

B.  whereas the maximum resources for the implementation of the Reserve amount to EUR 5 000 000 000 in 2018 prices (EUR 5 370 994 000 in current prices);

C.  whereas the purpose of Draft amending budget No 1/2021 is to enter in the Union annual budget for 2021 EUR 4 244 832 000 in current prices (EUR 4 000 000 000 in 2018 prices), both in commitment and in payment appropriations, to meet the pre-financing needs resulting from the implementation of the Reserve in 2021;

D.  whereas, following the adoption of the BAR Regulation, the appropriations will be transferred to the budget article ‘16 02 03’; whereas the financial contribution from the Reserve to a Member State will then be implemented within the framework of shared management in accordance with Article 63 of the Financial Regulation;

1.  Takes note of Draft amending budget No 1/2021 as submitted by the Commission, which aims at making available EUR 4 244 832 000 in both commitment and payment appropriations to cover the pre-financing needs of the Brexit Adjustment Reserve;

2.  Underlines that the Reserve is one of the thematic special instruments within the MFF Regulation, and its related appropriations are therefore entered into the budget over and above the expenditure ceilings of the MFF;

3.  Approves the Council position on Draft amending budget No 1/2021;

4.  Instructs its President to declare that Amending budget No 3/2021 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

5.  Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

(1) OJ L 193, 30.7.2018, p. 1. (2) OJ L 93, 17.3.2021. (3) OJ L 433 I, 22.12.2020, p. 11. (4) OJ L 433 I, 22.12.2020, p. 28. (5) OJ L 424, 15.12.2020, p. 1. (6) COM(2020)0854.

European Parliament legislative resolution of 15 September 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2020/2222 of the European Parliament and of the Council with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link (COM(2021)0402 – C9-0314/2021 – 2021/0228(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2021)0402),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0314/2021),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  after consulting the European Economic and Social Committee,

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 1 September 2021 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 59 and 163 of its Rules of Procedure,

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 15 September 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) 2020/2222 to extend the period of validity of safety certificates and licences of railway undertakings operating through the Channel Fixed Link

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/1701.)

European Parliament legislative resolution of 15 September 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/625 as regards official controls on animals and products of animal origin exported from third countries to the Union to ensure compliance with the prohibition of certain uses of antimicrobials COM(2021)0108 – C9-0094/2021 – 2021/0055(COD))

P9_TA(2021)0372 A9-0195/2021

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2021)0108),

–  having regard to Article 294(2) and Article 43(2), Article 114 and Article 168(4), point (b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0094/2021),

–  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 9 June 2021(1),

–  after consulting the Committee of the Regions,

–  having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 September 2021 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 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0195/2021),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 15 September 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) 2017/625 as regards official controls on animals and products of animal origin exported from third countries to the Union in order to ensure compliance with the prohibition of certain uses of antimicrobials and Regulation (EC) No 853/2004 as regards the direct supply of meat from poultry and lagomorphs

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/1756.)

(1) OJ C 341, 24.8.2021, p. 107.

European Parliament legislative resolution of 15 September 2021 on the proposal for a regulation of the European Parliament and of the Council establishing the Brexit Adjustment Reserve (COM(2020)0854 – C9-0433/2020 – 2020/0380(COD))

P9_TA(2021)0373 A9-0178/2021

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2020)0854),

–  having regard to Article 294(2), Article 322 and the third paragraph of Article 175 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0433/2020),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the Court of Auditors of 25 February 2021(1),

–  having regard to the opinion of the European Economic and Social Committee of 25 February 2021(2),

–  having regard to the opinion of the Committee of the Regions of 19 March 2021(3),

–  having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 30 June 2021 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 59 of its Rules of Procedure,

–  having regard to the European Council conclusions, agreed at its special meeting of 17-21 July 2020, to provide for the establishment of a new special Brexit Adjustment Reserve,

–  having regard to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,

–  having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012,

–  having regard to the opinions of the Committee on Budgets and the Committee on Fisheries,

–  having regard to the report of the Committee on Regional Development (A9-0178/2021),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 15 September 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council establishing the Brexit Adjustment Reserve

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/1755.)

(1) OJ C 101, 23.3.2021, p. 1. (2) OJ C 155, 30.4.2021, p. 52. (3) OJ C 175, 7.5.2021, p. 69.

European Parliament legislative resolution of 15 September 2021 on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment (COM(2016)0378 – C8-0213/2016 – 2016/0176(COD))

P9_TA(2021)0374 A8-0240/2017

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0378),

–  having regard to Article 294(2) and Article 79(2), points (a) and (b), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0213/2016),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Bulgarian Parliament, as well as the Czech Chamber of Deputies and the Czech Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 14 December 2016(1),

–  having regard to the opinion of the Committee of the Regions of 8 December 2016(2),

–  having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 21 May 2021 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 59 of its Rules of Procedure,

–  having regard to the opinion of the Committee on Employment and Social Affairs,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0240/2017),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 15 September 2021 with a view to the adoption of Directive (EU) 2021/… of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2021/1883.)

(1) OJ C 75, 10.3.2017, p. 75. (2) OJ C 185, 9.6.2017, p. 105.

European Parliament legislative resolution of 15 September 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Instrument for Pre‑accession Assistance (IPA III) (06604/1/2021 – C9‑0352/2021 – 2018/0247(COD))

P9_TA(2021)0375 A9-0266/2021

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (06604/1/2021 – C9‑0352/2021),

–  having regard to the opinion of the European Economic and Social Committee of 12 December 2018(1),

–  having regard to the opinion of the Committee of the Regions of 6 December 2018(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2018)0465),

–  having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–  having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

–  having regard to Rule 67 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Foreign Affairs (A9‑0266/2021),

1.  Approves the Council position at first reading;

2.  Approves its statements annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

3.  Takes note of the Commission statements annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

4.  Notes that the act is adopted in accordance with the Council position;

5.  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;

6.  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, together with all the statements annexed to this resolution in the Official Journal of the European Union;

7.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament on the suspension of assistance granted under the Instrument for Pre‑accession Assistance (IPA III)

The European Parliament notes that Regulation (EU) 2021/… establishing the Instrument for Pre‑accession Assistance (IPA III) contains a general reference on the possibility of suspending assistance without specifying the concrete basis for such a decision. Such a suspension of assistance should be implemented in the event of degradation in democracy, human rights and rule of law by a beneficiary listed in Annex I.

The European Parliament considers that any suspension of assistance under this instrument would modify the overall financial scheme agreed under the ordinary legislative procedure. As a co‑legislator and co‑branch of the budgetary authority, the European Parliament is therefore entitled to fully exercise its prerogatives in that regard, if such a decision is to be taken.

Statement by the European Parliament on Council Decision 2010/427/EU and strategic coordination

The European Parliament notes that the references to the Union’s external action instruments in Article 9 of Council Decision 2010/427/EU are obsolete, and therefore considers that, for the sake of legal clarity, that Article should be updated, in accordance with the procedure laid down in Article 27(3) of the Treaty on European Union, in order to take into account the Union external assistance instruments applicable in the period of the 2021-2027 MFF, namely the Neighbourhood, Development and International Cooperation Instrument – Global Europe, the Instrument for Pre‑Accession Assistance, the European Instrument for International Nuclear Safety Cooperation and the Decision on the Overseas Association, including Greenland.

The European Parliament calls on the Commission and on the European External Action Service (EEAS) to establish a strategic coordination structure composed of all relevant Commission services and of the EEAS in order to ensure coherence, synergy, transparency and accountability in accordance with Article 5 of Regulation (EU) 2021/947 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe(4).

Statement of the European Parliament on the names of beneficiaries

The European Parliament notes that Annex I of Regulation (EU) 2021/… establishing the Instrument for Pre‑accession Assistance (IPA III) refers to beneficiaries eligible for funding under this Instrument. The European Parliament considers that constitutional names shall be used for the beneficiaries listed, and Kosovo should be referred to as Republic of Kosovo.

Statement by the European Commission on a geopolitical dialogue with the European Parliament on the Instrument for Pre‑Accession Assistance (IPA III)

The European Commission, mindful of the European Parliament’s functions of political control laid down in Article 14 of the Treaty on the European Union, commits to conduct a high‑level geopolitical dialogue between the two institutions on the implementation of Regulation (EU) No. 2021/XXX of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (IPA III). This dialogue should allow exchanges with the European Parliament, whose positions on the implementation of the IPA III will be fully taken into consideration, in full respect of the Commission’s ability to implement the instrument, in line with its institutional responsibilities.

The geopolitical dialogue will discuss general orientations on the implementation of the IPA III, including on programming before the adoption of the IPA III programming framework and programming documents, and concerning specific subjects such as the suspension of assistance to a beneficiary when it persistently fails to observe the principles of democracy, the rule of law, good governance, respect for human rights and fundamental freedoms.

The geopolitical dialogue will be structured as follows:

i)  A high‑level dialogue between the Commissioner in charge of Neighbourhood and Enlargement, on behalf of the Commission, and the European Parliament.

ii)  A permanent dialogue at senior officials’ level with AFET working groups to ensure an adequate preparation and follow‑up to the high-level dialogue.

The high-level dialogue will take place at least twice a year. One of the meetings may coincide with the presentation by the Commission of the draft annual budget.

Statement by the European Commission on the modulation/suspension of assistance in Article 8, paragraph 5 of Regulation No. 2021/XXX of the European Parliament and of the Council of XX/XX/2021 establishing the Instrument for Pre‑Accession Assistance (IPA III)

The European Commission considers that the provision in Article 8(5) respects the powers of the Commission in the implementation of Union programmes, and the Union budget in general as long as it is without prejudice to the powers entrusted to the Commission by the Treaties and the Financial Regulation to suspend Union assistance provided to third countries.

Statement of the European Commission on the advisory nature of strategic boards as in in Article 12 of Regulation No. 2021/XXX/ of the European Parliament and of the Council of XX/XX 2021 establishing the Instrument for Pre‑Accession Assistance (IPA III)

The European Commission recalls that as laid down in Article 12 of the IPA III Regulation, the Western Balkans Investment Framework (WBIF) strategic board is an advisory body to the Commission. This is aligned with Article 33 of the NDICI – Global Europe Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021, which refers to the WBIF and EFSD+ strategic boards. These strategic boards do not have decision‑making powers in the context of the implementation of the EU budget. The Rules of Procedures for the WBIF strategic board will be established on this basis.

(1) OJ C 110, 22.3.2019, p. 156. (2) OJ C 86, 7.3.2019, p. 305. (3) OJ C 108, 26.3.2021, p. 409. (4) Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).