RESOLUTIONS, DECISIONS AND OPINIONS adopted by the European Parliament at its part-session in Strasbourg, from 15 to 18 December 2008

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1.

Tekst

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    33 legislative resolutions - 22 resolutions - 1 other act
  • 1. 
    Codecision procedure

First reading

(a) (i) Coordination of safeguards required of companies Proposal for a directive of the European Parliament and of the Council on coordination of

safeguards which, for the protection of the interests of members and others, are required by

Member States of companies within the meaning of the second paragraph of Article 48 of

the Treaty, in respect of the formation of public limited liability companies and the

maintenance and alteration of their capital, with a view to making such safeguards

equivalent (codified version)

The European Parliament approved the Commission proposal as adapted to the

recommendations of the Consultative Working Party of the Legal Services of the European

Parliament, the Council and the Commission

(b) (i) Adaptation of a number of instruments to the regulatory procedure with scrutiny, "omnibus" Regulation, Part Four

Proposal for a regulation of the European Parliament and of the Council adapting a

number of instruments subject to the procedure referred to in Article 251 of the Treaty to

Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the

regulatory procedure with scrutiny ­ Adaptation to the regulatory procedure with scrutiny ­

Part Four

(ii) Transfers of defence-related products

Proposal for a directive of the European Parliament and of the Council on simplifying terms

and conditions of transfers of defence-related products within the Community

(iii) Type-approval of motor vehicles and engines

Proposal for a regulation of the European Parliament and of the Council on type-approval

of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI)

and on access to vehicle repair and maintenance information

(iv) Promotion of the use of energy from renewable sources

Proposal for a directive of the European Parliament and of the Council on the promotion of

the use of energy from renewable sources

(v) Shared effort to reduce greenhouse gas emissions

Proposal for a decision of the European Parliament and of the Council on the effort of

Member States to reduce their greenhouse gas emissions to meet the Community's

greenhouse gas emission reduction commitments up to 2020

(vi) Geological storage of carbon dioxide

Proposal for a directive of the European Parliament and of the Council on the geological

storage of carbon dioxide and amending Council Directives 85/337/EEC, 96/61/EC,

Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and Regulation (EC) o

1013/2006

(vii) Cross-border enforcement in the field of road safety

Proposal for a directive of the European Parliament and of the Council facilitating cross-

border enforcement in the field of road safety

(viii) European Quality Assurance Reference Framework for Vocational Education and

Training

Proposal for a recommendation of the European Parliament and of the Council on the

establishment of a European Quality Assurance Reference Framework for Vocational

Education and Training

(ix) European Credit System for Vocational Education and Training (ECVET)

Proposal for a recommendation of the European Parliament and of the Council on the

establishment of a European Credit System for Vocational Education and Training (ECVET)

(x) Securities settlement systems and financial collateral arrangements

Proposal for a directive of the European Parliament and of the Council amending Directive

98/26/EC on settlement finality in payment and securities settlement systems and Directive

2002/47/EC on financial collateral arrangements as regards linked systems and credit

claims

(xi) Deposit-guarantee schemes as regards the coverage level and the payout delay

Proposal for a directive of the European Parliament and of the Council amending Directive

94/19/EC on Deposit Guarantee Schemes as regards the coverage level and the payout

delay

(xii) Disclosure requirements for medium-sized companies and obligation to draw up

consolidated accounts

Proposal for a directive of the European Parliament and of the Council amending Council

Directives 78/660/EEC and 83/349/EEC as regards certain disclosure requirements for

medium-sized companies and obligation to draw up consolidated accounts

For each of these acts the European Parliament:

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    approved the Commission proposal as amended;
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    called on the Commission to refer the matter to Parliament again if it intended to amend

the proposal substantially or replace it with another text.

(c) European Judicial Network in civil and commercial matters Proposal for a decision of the European Parliament and of the Council amending Council

Decision 2001/470/EC establishing a European Judicial etwork in civil and commercial

matters

The European Parliament:

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    approved the Commission proposal as amended;
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    approved a Joint Statement.
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    called on the Commission to refer the matter to Parliament again if it intended to amend

the proposal substantially or replace it with another text.

(d) European Works Council

Proposal for a directive of the European Parliament and of the Council on the establishment

of a European Works Council or a procedure in Community-scale undertakings and

Community-scale groups of undertakings for the purposes of informing and consulting

employees (recast)

The European Parliament:

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    approved the Commission proposal as adapted to the recommendations of the

Consultative Working Party of the Legal services of the European Parliament, the

Council and the Commission and as amended below;

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    called on the Commission to refer the matter to Parliament again if it intended to amend

the proposal substantially or replace it with another text.

(e) (i) Greenhouse gas emission allowance trading system European Parliament legislative resolution of 17 December 2008 on the proposal for a

directive of the European Parliament and of the Council amending Directive 2003/87/EC so

as to improve and extend the greenhouse gas emission allowance trading system of the

Community

(ii) Monitoring and reduction of greenhouse gas emissions from fuels (road transport and

inland waterway vessels)

European Parliament legislative resolution of 17 December 2008 on the proposal for a

directive of the European Parliament and of the Council amending Directive 98/70/EC as

regards the specification of petrol, diesel and gas-oil and introducing a mechanism to

monitor and reduce greenhouse gas emissions from the use of road transport fuels and

amending Council Directive 1999/32/EC, as regards the specification of fuel used by inland

waterway vessels and repealing Directive 93/12/EEC

(iii) Emission performance standards for new passenger cars

European Parliament legislative resolution of 17 December 2008 on the proposal for a

regulation of the European Parliament and of the Council setting emission performance

standards for new passenger cars as part of the Community's integrated approach to reduce

CO2 emissions from light-duty vehicles

(iv) Safety of toys

European Parliament legislative resolution of 18 December 2008 on the proposal for a

directive of the European Parliament and of the Council on the safety of toys

For each of these acts the European Parliament:

  • - 
    approved the Commission proposal as amended;
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    called on the Commission to refer the matter to Parliament again if it intends to amend

the proposal substantially or replace it with another text;

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    took note of the statements of the Commission annexed to the resolution.

Second reading

(f) (i) Units of measurement

Common position adopted by the Council with a view to the adoption of a directive of the

European Parliament and of the Council amending Council Directive 80/181/EEC on the

approximation of the laws of the Member States relating to units of measurement

(ii) Creation of a European Training Foundation (recast)

Council common position for adopting a regulation of the European Parliament and of the

Council establishing a European Training Foundation

For each of these acts the European Parliament:

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    approved the common position;
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    noted that the act was adopted in accordance with the common position.

(g) Organisation of working time

Council common position for adopting a directive of the European Parliament and of the

Council amending Directive 2003/88/EC concerning certain aspects of the organisation of

working time

The European Parliament approved the common position as amended.

  • 2. 
    Consultation procedure

(a) Agreement between the EC and India on certain aspects of air services Proposal for a Council decision on the conclusion of the Agreement between the European

Community and the Republic of India on certain aspects of air services

The European Parliament approved conclusion of the agreement.

(b) (i) Protection of the euro against counterfeiting Draft Council Regulation amending Regulation (EC) o 1338/2001 laying down measures

necessary for the protection of the euro against counterfeiting

(ii) Protection of the euro against counterfeiting (non-euro Member States)

Draft Council Regulation amending Regulation (EC) o 1339/2001 extending the effects of

Regulation (EC) o 1338/2001 laying down measures necessary for the protection of the

euro against counterfeiting to those Member States which have not adopted the euro as their

single currency

For each of these acts the European Parliament:

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    approved the draft Council Regulation;
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    calls on the Council to notify Parliament if it intends to depart from the text approved by

Parliament;

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    calls on the Council to consult Parliament again if it intends to amend the draft

substantially or replace it with another text.

(c) (i) Tax exemptions applicable to the permanent introduction from a Member State of the personal property of individuals (codified version)

Proposal for a Council directive on tax exemptions applicable to the permanent introduction

from a Member State of the personal property of individuals

(ii) Expenditure in the veterinary field (codified version)

Proposal for a Council decision on expenditure in the veterinary field

For each of these acts the European Parliament approved the Commission proposal as

adapted to the recommendations of the Consultative Working Party of the Legal Services of

the European Parliament, the Council and the Commission.

(d) (i) Medals and tokens similar to euro coins Proposal for a Council regulation amending Regulation (EC) o 2182/2004 concerning

medals and tokens similar to euro coins

(ii) Medals and tokens similar to euro coins: application to non-participating Member States

Proposal for a Council regulation amending Regulation (EC) o 2183/2004 extending to

the non-participating Member States the application of Regulation (EC) o 2182/2004

concerning medals and tokens similar to euro coins

For each of these acts the European Parliament:

  • - 
    approved the Commission proposal;
  • - 
    called on the Council to notify Parliament if it intended to depart from the text approved

by Parliament;

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    asked the Council to consult Parliament again if it intends to amend the Commission

proposal substantially.

(e) Conditions of employment of other servants of the European Communities roposal for a Council regulation amending the Conditions of employment of other servants

of the European Communities

The European Parliament:

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    approved the Commission proposal as amended;
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    called on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of

the EC Treaty;

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    considered that the financial amounts indicated in the legislative proposal are compatible

with the ceiling of heading 5, administrative expenditure, of the multi-annual financial

framework,

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    called on the Council to notify Parliament if it intends to depart from the text approved

by Parliament;

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    called for initiation of the conciliation procedure under the Joint Declaration of 4 March

1975 if the Council intends to depart from the text approved by Parliament;

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    asked the Council to consult Parliament again if it intends to amend the text submitted

for consultation substantially.

(f) Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment

Amended proposal for a Council decision on the conclusion by the European Community of

the Convention on International Interests in Mobile Equipment and its Protocol on matters

specific to aircraft equipment, adopted jointly in Cape Town on 16 ovember 2001

The European Parliament approved conclusion of the Convention and its Protocol.

  • 3. 
    Assent procedure

(a) (i) EC-Morocco Euro-Mediterranean Agreement (accession of Bulgaria and Romania) Draft Council decision on the conclusion of a Protocol to the Euro-Mediterranean

Agreement establishing an Association between the European Communities and their

Member States, of the one part, and the Kingdom of Morocco, of the other part, to take

account of the accession of the Republic of Bulgaria and Romania to the European Union

(ii) EC-Albania Stabilisation and Association Agreement (accession of Bulgaria and

Romania)

Proposal for a Council and Commission decision on conclusion of the Protocol to the

Stabilisation and Association Agreement between the European Communities and their

Member States, of the one part, and the Republic of Albania, of the other part, to take

account of the accession of the Republic of Bulgaria and Romania to the European Union

(iii) EC-Croatia Stabilisation and Association Agreement (accession of Bulgaria and

Romania)

Proposal for a Council and Commission decision on conclusion of the Protocol to the

Stabilisation and Association Agreement between the European Communities and their

Member States, of the one part, and the Republic of Croatia, of the other part, to take

account of the accession of the Republic of Bulgaria and Romania to the European Union

The European Parliament gave its assent to conclusion of the above Protocols.

(b) ERDF, ESF, Cohesion Fund (revenue-generating projects) Proposal for a Council Regulation (EC) amending Regulation (EC) o 1083/2006 laying

down general provisions on the European Regional Development Fund, the European

Social Fund and the Cohesion Fund, in respect of certain revenue-generating projects

The European Parliament gave its assent to the proposal for a Council regulation.

  • 4. 
    Other procedures

(a) Amendment of the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management

European Parliament decision of 18 December 2008 on a draft amendment of the

Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council

and the Commission on budgetary discipline and sound financial management

(2008/2320(ACI))

The European Parliament:

  • - 
    approved the amendment of the Interinstitutional Agreement of 17 May 2006 between

the European Parliament, the Council and the Commission on budgetary discipline and

sound financial management (2007-2013) annexed to this decision.

(b) Mobilising the Solidarity Fund of the European Union European Parliament resolution of 18 December 2008 on the proposal for a 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 European Parliament approved the decision annexed to the resolution.

(c) Draft general budget 2009 as modified by the Council (all sections) European Parliament resolution of 18 December 2008 on the draft general budget of the

European Union for the financial year 2009 as modified by the Council (all sections)

(16257/2008 - C6-0457/2008 - 2008/2026(BUD)) and Letters of amendment os 1/2009

(SEC(2008)2435 - 13702/2008 - C6-0344/2008), 2/2009 (SEC (2008)2707 - 16259/2008 -

C6-0458/2008) and 3/2009 (SEC(2008)2840 - 16260/2008 - C6-0459/2008) to the draft

general budget of the European Union for the financial year 2009

The European Parliament:

  • - 
    expressed its strong willingness to enter into negotiations with the Council on the basis

of the Commission's proposal for a revision of the multi-annual financial framework

(MFF) 2007-2013 for EUR 5 billion in the framework of the proposed European

Economic Recovery Plan; took note of the conclusions of the December 2008 European

Council in that respect (para 4).

(d) Lifelong learning for knowledge, creativity and innovation - 'Education & Training 2010 work programme'

European Parliament resolution of 18 December 2008 on delivering lifelong learning for

knowledge, creativity and innovation - implementation of the 'Education & Training 2010

work programme'

The European Parliament:

  • - 
    urged the Council to monitor the practical implementation of European education and

learning policies by every Member State; considered that national governments should

set national goals in that field in a transparent manner, and should introduce appropriate

legislation and relevant measures to ensure the achievement of European standards and,

in particular, to ensure that tools adopted at EU level, such as the above-mentioned

recommendation on key competences for lifelong learning, the European Qualifications

1

Framework and Europass , were implemented (para 14).

1

Decision No 2241/2004/EC of the European Parliament and of the Council of 15 December 2004 on a single Community framework for the transparency of qualifications and competences (Europass) (OJ L 390, 31.12.2004, p 6).

(e) Council's approach to revision of the OLAF Regulation European Parliament resolution of 18 December 2008 on the Council's approach to

revision of the OLAF Regulation

The European Parliament:

  • - 
    reminded the Council that Parliament's above-mentioned position of 20 November 2008

would lead to considerable improvement in the efficiency and quality of OLAF

investigations through the strengthening of procedural guarantees, the role of the

Supervisory Committee, the presumption of innocence, the right of defence of those under

investigation and the rights of informers, the adoption of clear and transparent

investigative rules and the improvement of cooperation with the competent national

authorities and the EU institutions (para 2);

  • - 
    urged the French and Czech Presidencies to submit a calendar for negotiations with

Parliament, based on Regulation (EC) No 1073/1999, thus confirming that they were

making every possible effort to ensure the prompt adoption of a common position by the

Council and to avoid any further unjustified delays (para 3);

  • - 
    considered that the Council's position in favour of a simple consolidation of the three

existing legal bases for OLAF investigations was not a valid argument for not immediately

opening negotiations on Regulation (EC) No 1073/1999, since simple consolidation would

not improve the legal framework for OLAF's anti-fraud investigations and therefore

constituted a considerable loss of time in efforts to step up the fight against fraud; opted

therefore for a recasting of EU anti-fraud legislation, including Regulation (EC) No

1073/1999, Regulation (Euratom, EC) No 2185/1996 and Regulation (EC, Euratom) No

2988/1995, which should be based on a revised Regulation (EC) No 1073/1999 (para 4).

(f) Impact of counterfeiting on international trade European Parliament resolution of 18 December 2008 on the impact of counterfeiting on

international trade

The European Parliament,

  • - 
    called on the Commission and the Council to clarify the role and competence of the

Article 133 Committee and the other committees involved in the negotiation of the

ACTA (para 23);

  • - 
    took the view that the public interest in disclosure of ACTA preparatory drafts, including

progress reports, and of the Commission's negotiating mandate should not be overridden

by Article 4 of 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 documents 2 , and urged the Council to enforce Article 255 of the EC Treaty in such a way as to ensure the widest possible access to documents, provided that the

necessary security measures were taken as required by data-protection law (para 28);

  • - 
    urged the Council and the Commission to enable the Parliament to play a more central

role in the fight against counterfeiting; considers it particularly advisable for the

European Union to promote its political presence in specialist international meetings

such as the Global Anti-counterfeiting and Piracy Congress, and in the international

organisations involved in intellectual property protection (para 71);

  • - 
    called on the Commission and Council to keep it fully informed and to involve it in all

relevant initiatives; believed that in the spirit of the Lisbon Treaty, ACTA should be

ratified by the European Parliament under the assent procedure (para 72).

(g) Development perspectives for peace-building and nation building in post-conflict situations European Parliament resolution of 18 December 2008 on development perspectives for

peace-building and nation building in post-conflict situations

The European Parliament:

  • - 
    stressed the importance of SSR and DDR processes as key factors for ensuring long

lasting peace and sustainable development; called on the Council and the Commission to

accelerate the implementation on the ground of the EU's Policy Framework for SSR and

the EU Concept for Support to DDR, with a view to increasing the relevance, coherence,

and efficiency of the EU's activities in these domains; called for increased Community

funding for SSR/DDR, with a special emphasis on those countries where the EU had

already deployed ESDP missions; called for any Community-funded SSR/DDR

activities meant to support ESDP operations in a conflict, or post-conflict scenario, to be

taken into consideration as soon as possible in the planning steps for the operations,

namely in the fact-finding phase or during the development of the Crisis Management

Concepts/Concept of Operations (para 15);

2 OJ L 145, 31.5.2001, p. 43.

  • - 
    called, due to the fact that a majority of victims in conflict situations are killed by small

arms and light weapons (SALW), upon the Council and the Commission to urgently

follow up on the Court of Justice decision of 20 May 2008 on Community competence

in combating the proliferation of SALW 3 by accelerating the implementation of the European Strategy to combat illicit accumulation and trafficking of SALW and their

ammunition, and by stepping up planning for EC funding, namely from the European

Development Fund and the Stability Instrument, to be spent on SALW-related

programmes on the ground; requested that multilateral and regional financial institutions

take measures, where appropriate, to establish SALW programmes in the framework of

reconstruction and rehabilitation efforts in post-conflict areas and in efforts to

consolidate governance issues, to strengthen legislation and to improve the operational

capacity of law enforcement agencies regarding SALW; called on the Council and the

Commission to continue promoting the creation of an international, legally-binding

Arms Trade Treaty in all bilateral and multilateral settings (para 20);

  • - 
    reiterated the conclusions of the paper on Climate Change and International Security,

presented on 14 March 2008 to the European Council by the High Representative of the

4 ,

EU and the European Commission warning that climate change threatened to overburden states and regions of the world which were already fragile and conflict-

prone, creating new immigration flows and intensifying security risks for the EU; urged

the Commission to take climate change considerations into account in its peace-building

efforts (para 49);

  • - 
    called on the Council and the Commission to adopt a regional approach to tackle the

situation in individual countries (para 67);

3 Case C-91/05, Commission v. Council. 4 S113/08.

  • - 
    intended to continue to take an active part in the work organised by the Commission as

part of the follow-up to its above-mentioned communication on the EU response to

situations of fragility; drew the attention of the Council and Commission to the fact that

it was now urgent that this work, which had been too slow, might swiftly lead to

concrete actions to be taken on the ground in such key areas as health and education, and

called on the Commission to keep the European Parliament fully informed of further

steps undertaken with regard to the conclusions of country case studies and particularly

in terms of the use of these findings for the identification and design of subsequent

actions (para 68);

  • - 
    stressed the urgent need for the populations in countries that had become fragile to see

positive developments in their situation and in their country's situation, and called on the

Council and Commission not to neglect the visibility of actions carried out on the ground

(para 70).

(h) Zimbabwe

European Parliament resolution of 18 December 2008 on the situation in Zimbabwe

The European Parliament:

  • - 
    expressed its deep concern at the catastrophic humanitarian situation in Zimbabwe, the

cholera epidemic, the hunger and the complete refusal of the Mugabe regime to respond

positively to the crisis; called on the Council and Commission to reaffirm their

commitment to the Zimbabwean people through a substantial, long-term programme of

humanitarian aid (para 1);

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    called on the Council to encourage the African Union to prepare contingencies for active

intervention, in order to protect the civilian population of Zimbabwe (para 11);

  • - 
    called on the Council to remain vigilant in relation to the possible consequences for the

region of ZANU-PF's deliberate neglect and misgovernance that is destabilising

Zimbabwe (para 12);

  • - 
    called on the Council and the Member States to step up their diplomatic action in Africa

in order to secure active support for change in Zimbabwe (para 15).

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