RESOLUTIONS, DECISIONS AND OPINIONS adopted by the European Parliament at its part-session in Strasbourg from 20 until 23 September 2010 and in Brussels from 6 until 7 October 2010.

Inhoud

Delen

enveloppe
  1. Tekst
  2. Originele weergave
  1. Meer informatie

1.

Tekst

COUNCIL OFBrussels, 12 October 2010 THE EUROPEAN UNION

14494/10 PE-RE 13 NOTE Subject : RESOLUTIONS, DECISIONS AND OPINIONS adopted by the European Parliament at its part-session in Strasbourg from 20 until 23 September 2010 and in Brussels from 6 until 7 October 2010.

At the above mentioned part-sessions, the European Parliament adopted 36 acts as follows:

  • - 
    16 legislative resolutions
  • - 
    18 resolutions
  • - 
    2 other acts
  • 1. 
    Codecision procedure

First reading

(a) Investigation and prevention of accidents and incidents in civil aviation European Parliament legislative resolution of 21 September 2010 on the proposal for a regulation of the European Parliament and of the Council on investigation and prevention of accidents and incidents in civil aviation

(b) Security of gas supply European Parliament legislative resolution of 21 September 2010 on the proposal for a regulation of the European Parliament and of the Council concerning measures to safeguard security of gas supply and repealing Directive 2004/67/EC

(c) Pharmacovigilance (amendment of Directive 2001/83/EC)

European Parliament legislative resolution of 22 September 2010 on the proposal for a directive of the European Parliament and of the Council amending, as regards pharmacovigilance, Directive 2001/83/EC on the Community code relating to medicinal products for human use

(d) Placing on the market and use of biocidal products European Parliament legislative resolution of 22 September 2010 on the proposal for a regulation of the European Parliament and of the Council concerning the placing on the market and use of biocidal products

(e) Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board

European Parliament legislative resolution of 22 September 2010 on the proposal for a regulation of the European Parliament and of the Council on Community macro prudential oversight of the financial system and establishing a European Systemic Risk Board

(f) Third countries whose nationals must be in possession of visas when crossing the external borders of Member States

European Parliament legislative resolution of 7 October 2010 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement

For each of these acts, the European Parliament:

  • - 
    adopted its positions at first reading;
  • - 
    called on the Commission to refer the matter to Parliament again if it intended to amend its proposal substantially or replace it with another text

(g) Pharmacovigilance of medicinal products (amendment of Regulation (EC) No 726/2004)

European Parliament legislative resolution of 22 September 2010 on the proposal for a regulation of the European Parliament and of the Council amending, as regards pharmacovigilance of medicinal products for human use, Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency

(h) European Supervisory Authority (European Insurance and Occupational Pensions Authority)

European Parliament legislative resolution of 22 September 2010 on the proposal for a regulation of the European Parliament and of the Council establishing a European Insurance and Occupational Pensions Authority

(i) Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board

European Parliament legislative resolution of 22 September 2010 on the proposal for a regulation of the European Parliament and of the Council on Community macro prudential oversight of the financial system and establishing a European Systemic Risk Board

(j) Powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority)

European Parliament legislative resolution of 22 September 2010 on the proposal for a directive of the European Parliament and of the Council amending Directives 1998/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority

For each of these acts the European Parliament:

  • - 
    adopted its position at first reading;
  • - 
    took note of the Commission statement annexed to the resolution;
  • - 
    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;

(k) European Supervisory Authority (European Banking Authority)

European Parliament legislative resolution of 22 September 2010 on the proposal for a regulation of the European Parliament and of the Council establishing a European Banking Authority

(l) European Supervisory Authority (European Securities and Markets Authority)

European Parliament legislative resolution of 22 September 2010 on the proposal for a regulation of the European Parliament and of the Council establishing a European Securities and Markets Authority For each of these acts, the European Parliament:

  • - 
    adopted the position at first reading;
  • - 
    considered that the reference amount indicated in the legislative proposal is compatible with the ceiling for subheading 1a of multiannual financial framework for 2007-2013 (MFF), but the margin remaining in heading 1a for 2011-2013 is very limited and the funding of new activities must not jeopardise the financing of other priorities under subheading 1a; reiterated, therefore, its call for a review of the MFF, accompanied by concrete proposals to adjust and revise it before the end of 2010 by using all the mechanisms available under the Interinstitutional Agreement of 17 May 2006 (IIA), and, in particular, those in points 21 to 23 thereof, in order to ensure the financing of the European Supervisory Authority (European Banking Authority/European Securities and Markets Authority) without jeopardising the financing of the other priorities, and ensuring that a sufficient margin will remain, under subheading 1a;
  • - 
    underlined that the provisions of point 47 of the IIA should be applied for the setting-up of the European Supervisory Authority (European Banking Authority/ European Securities and Markets Authority); stresses that, should the legislative authority decide in favour of setting up the European Supervisory Authority (European Banking Authority/ European Securities and Markets Authority), Parliament will enter into negotiations with the other arm of the budgetary authority with a view to coming to a timely agreement on the financing of the Authority in line with the relevant provisions of the IIA;
  • - 
    took note of the Commission statements annexed to the resolution;
  • - 
    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.

Second reading

(a) Extension of the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality European Parliament legislative resolution of 7 October 2010 on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality

The European Parliament:

  • - 
    approved the Council position.
  • 2. 
    Consultation procedure
  • a) 
    Refund of value added tax European Parliament legislative resolution of 22 September 2010 on the proposal for a Council directive amending Directive 2008/9/EC laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State
  • b) 
    Specific tasks for the European Central Bank concerning the functioning of the European Systemic Risk Board European Parliament legislative resolution of 22 September 2010 on the proposal for a Council regulation entrusting the European Central Bank with specific tasks concerning the functioning of the European Systemic Risk Board

For each of these acts the European parliament:

  • - 
    approved the Commission proposal as amended;
  • - 
    called on the Commission to alter its proposal accordingly, pursuant to Article 293(2) of the Treaty on the Functioning of the European Union;
  • - 
    called on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
  • - 
    asked the Council to consult Parliament again if it intends to amend the Commission proposal substantially.
  • c) 
    Appointment of a Member of the Court of Auditors (Mr Lazaros Stavrou Lazarou, CY)

European Parliament decision of 7 October 2010 on the nomination of Lazaros Stavrou Lazarou as a Member of the Court of Auditors

  • d) 
    Appointment of a Member of the Court of Auditors (Mr Gijs M. de Vries, NL)

European Parliament decision of 7 October 2010 on the nomination of Gijs M. de Vries as a Member of the Court of Auditors

For each appointment the European Parliament:

  • - 
    delivered a favourable opinion
  • 3. 
    Consent procedure

(a) Agreement between the EC and Pakistan on readmission European Parliament legislative resolution of 21 September 2010 on the draft Council decision on the conclusion of the Agreement between the European Union and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation

The European Parliament:

  • - 
    gave its consent to the conclusion of the agreement;
  • - 
    took note of the Commission declaration annexed to this resolution
  • 4. 
    Other procedures

(a) Draft amending budget No 5/2010: OLAF and the review of own resources

European Parliament resolution of 21 September 2010 on Council's position on Draft amending budget No 5/2010 of the European Union for the financial year 2010, Section III Commission

The European Parliament:

  • - 
    took note of Draft amending budget No 5/2010;
  • - 
    approved Council's position on Draft amending budget No 5/2010 unamended and instructs its President to declare that Amending budget No 4/2010 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union

(b) Completing the internal market for e-commerce European Parliament resolution of 21 September 2010 on completing the internal market for e-commerce

The European Parliament:

  • - 
    welcomed the Commission proposal to promote electronic invoicing and called on the Council to arrive speedily at an agreement with Parliament; also called on the Commission and the Member States to propose measures and reach agreements respectively with a view to simplifying and streamlining VAT reporting obligations for cross-border e-commerce and simplifying VAT registration procedures (para 18).

(c) Trade and economic relations with Turkey European Parliament resolution of 21 September 2010 on trade and economic relations with Turkey

The European Parliament:

  • - 
    acknowledged the difficulties faced by Turkey in concluding Free Trade Agreements (FTAs) with third countries, which has negative effects on the Turkish economy by enabling unilateral preferential access to the Turkish market for the EU's FTA partners with which Turkey has not yet been able to sign FTAs; called on the Commission and

the Council to ensure that Turkey is included in the impact assessment studies of prospective FTAs between the EU and third countries and to further strengthen the transmission of information on the EU's position and the state of play of the FTA negotiations; encourages the Commission to take account, in the FTAs, of the CU between the EU and Turkey;

  • - 
    noted that the recurrent visa problems under GATS 4 substantially limit the movement of Turkish businessmen and lorry drivers into the EU; underlines the successive ECJ rulings on this matter and called on the Commission to ensure that Member States respect these rulings; called on the Commission and the Council to re-examine visa procedures with a view to eliminating obstacles to trade;

(d) Multiannual financial framework for 2007-2013 European Parliament resolution of 22 September 2010 on the proposal for a Council regulation laying down the multiannual financial framework for the years 2007-2013

The European Parliament:

  • - 
    requested the Council and the Commission to take into account the following recommendations :
  • i) 
    work with European Parliament to allow swift adoption of the new instruments needed to implement the budgetary provisions of the Lisbon Treaty and revise the current MFF in order to provide for the extra resources necessary to deliver initiatives not foreseen when the current MFF was adopted;
  • ii) 
    fully comply with Article 312(3) TFEU which requires the financial framework to lay down any provisions required for the annual budgetary procedure to run smoothly and with Article 312(5) which states that "throughout the procedure leading to the adoption of the financial framework, the European Parliament, the Council and the Commission shall take any measure necessary to facilitate its adoption";
  • iii) 
    fully comply with Article 311 TFEU which requires the Union to provide itself with the means necessary to attain its objectives and carry out its policies, taking into account the new areas of action given by the Lisbon Treaty, including in the fields of external action, sport, space, climate change, energy, tourism and civil protection;
  • iv) 
    draw all necessary conclusions from the fact that even before the addition of these new Lisbon-related needs, over the last four years of the current MFF, the annual budgets could only be agreed either through using up the existing margins or through

recourse to the instruments foreseen by the current IIA to finance EU priorities such as Galileo, the food facility or the European Recovery Plan, and that remaining margins under the ceilings of the current financial framework are estimated to be negligible for the remainder of the period;

  • v) 
    abide by point 4 of the current IIA which states that "should a Treaty revision with budgetary implications occur during the multiannual financial framework 2007 to 2013 (hereinafter referred to as 'the financial framework'), the necessary adjustments will be made accordingly";
  • vi) 
    acknowledge that the current economic climate might lead the budgetary authority to make some efforts towards reprioritisation within the budget in order to ensure the adequate funding of priorities while bearing in mind, however, the European added value of the EU budget, since it is an expression of solidarity and efficiency by pooling together financial resources otherwise dispersed at national, regional and local level;

emphasise as well that an overwhelming part of the EU budget expenditures support long-term investments necessary to stimulate EU economic growth;

  • vii) 
    recognise that new needs cannot be met through redeployment or reprioritisation and that a revision of the MFF and the flexibility mechanisms included in the IIA is necessary, contrary to the Council's position as set out in its conclusions of 16 March 2010 on the budget guidelines for 2011 and reaffirmed by the Presidency-in-office in its statements during the 15 June 2010 debate on oral question B7-0310/2010; recall furthermore that new needs stemming from the entry into force of the Treaty of Lisbon should logically entail savings at national and regional level;
  • viii) 
    respond to declaration 3 of the current IIA calling for a full, wide-ranging review by 2008/2009 covering all aspects of EU spending and resources, and stop attempting to deal with the challenges/competences given to the EU by the new Treaty through a very narrow review of the functioning of the current IIA lacking any political dimension;
  • ix) 
    recognise that the position of the Council and the Commission on the revision of the MFF until now is contradictory with the fact that they are constantly coming up with new proposals calling for new resources such as the "Bananas Agreement" and ITER;
  • x) 
    express its concern considering the trend developed by Member States towards launching European policies financed outside of the EU budget; measure the risk of a lack of democratic control and legitimacy over those policies as well as a breach of the principle of universality of the EU budget and the negative impact this trend might imply with regard to the principle of solidarity;
  • xi) 
    take all necessary steps for a revision of the MFF providing the extra resources necessary to deliver the European External Action Service and other Lisbon-Treaty related policy priorities, as well as other initiatives, particularly under Heading 1a "Competitiveness Growth and Employment" and Heading 4 "External Relations", providing EU added value allowing the EU to meet its commitments and its citizens' expectations;
  • xii) 
    take note of the fact that without this revision the Parliament will not be able to adopt any proposals for new agencies or any further Council initiatives unless accompanied by proposals for fresh resources;
  • xiii) 
    pursue efforts to provide more flexibility as indicated in the abovementioned Commission's report on the functioning of the Interinstitutional Agreement on budgetary discipline and sound financial management;
  • xiv) 
    recognise the importance of flexibility to create reserves and margins allowing the EU to respond to current and future needs, both within the financial framework, within and between headings and in negotiations over its establishment and revision;
  • xv) 
    take note of the fact that Parliament insists on a stronger and increased degree of flexibility and the creation of sufficient reserves for each category, as well as higher amounts available through the Flexibility Instrument and on a simplification of the procedure for shifting resources between the different headings of the MFF;
  • xvi) 
    take note that Parliament is not prepared to enter into negotiations over any proposal that does not include at least the current degree of flexibility over revisions to the financial framework of up to 0,03% of EU GNI (referred to in Article 8(3) of the proposal for a MFF Regulation);
  • xvii) 
    understand that a purely technical approach to the implementation of the Lisbon Treaty in the budgetary field is insufficient and that, for the Parliament to be able to give its consent, entering without delay a real, political negotiation at an appropriately high, and if necessary at the highest, level, is a must;
  • xviii) 
    given its possible far-reaching budgetary consequences, give further thought to the European Financial Stabilisation Mechanism ahead of the adoption of the MFF regulation; accept that both arms of the budgetary authority be involved in decisions concerning the impact this mechanism could have on the EU budget; agree that any possible budgetary needs linked to this mechanism should be financed through an adhoc revision of the MFF to ensure that sufficient involvement of the budgetary authority is guaranteed on time;

(e) Draft amending budget No 7/2010: guarantee provided by the European Union in accordance with the provisions of Article 122 of the TFEU financial assistance to Member States European Parliament resolution of 22 September 2010 on Council's position on Draft amending budget No 7/2010 of the European Union for the financial year 2010, Section III- Commission

The European Parliament:

-

took note of Draft amending budget No 7/2010;

  • - 
    approved Council's position on Draft amending budget No 7/2010 unamended and instructs its President to declare that Amending budget No 5/2010 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union.

(f) Mobilisation of the European Globalisation Adjustment Fund: Spain/Galicia Textiles European Parliament resolution of 7 October 2010 on the proposal for a 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/2010/003 ES/Galicia Textiles from Spain)

(g) Mobilisation of the European Globalisation Adjustment Fund: Denmark/Danfoss Group European Parliament resolution of 7 October 2010 on the proposal for a 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/2009/015 DK/Danfoss Group from Denmark)

(h) Mobilisation of the European Globalisation Adjustment Fund: Denmark/Linak A/S European Parliament resolution of 7 October 2010 on the proposal for a decision of the European Parliament and of the Council on 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/2009/031 DK/Linak from Denmark)

For each of these acts the European parliament:

  • - 
    asked the institutions involved to make the necessary efforts to accelerate the mobilisation of the EGF (para 1) ;
  • - 
    recalled 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 suffered redundancies as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the reintegration of workers made redundant into the labour market (para 2);
  • - 
    approved the decision annexed to the resolutions (para 9).

(i) 2008 discharge: European Police College European Parliament Decision of 7 October 2010 on discharge in respect of the

implementation of the budget of the European Police College for the financial year 2008

The European Parliament:

  • - 
    refused to grant the Director of the European Police College discharge in respect of the implementation of the College's budget for the financial year 2008 (para1);
  • - 
    set out its observations in the resolution (para 2).

(m) Failures in protection of human rights and justice in the Democratic Republic of Congo European Parliament resolution of 7 October 2010 on failures in protection of human rights and justice in the Democratic Republic of Congo

The European Parliament:

  • - 
    welcomed the adoption of the new US `Conflict Minerals' Law and asked the

Commission and the Council to examine a legislative initiative along these lines; urged the DRC government to fully implement and comply with the Extractive Industries Transparency Initiative (EITI) in order to reinforce transparency and good governance in the extractive industry sector; called on the Commission and Council to step up the fight against corruption in the DRC which further undermines human rights and contributes to their abuse (para 14)

(n) World Day against the Death Penalty European Parliament resolution of 7 October 2010 on the World day against the death penalty

The European Parliament:

-

condemned all executions wherever they take place; strongly calls on the EU and its Member States to enforce the implementation of the UN resolution on a universal moratorium on executions with a view to total abolition in all states which still practise the death penalty; called on the Council and the Commission to take action in order to progressively restrict its use while insisting that it be carried out according to international minimum standards; expressed its deep concern regarding the imposition of

the death penalty on minors and on persons with mental or intellectual disability and called for their immediate and definitive ending (para 2);

  • - 
    encouraged the states that have not abolished the death penalty to respect safeguards protecting the rights of those facing the death penalty, as laid down in the United Nations Economic and Social Council Safeguards; called on the Council and the Commission to encourage those remaining countries which have not signed and ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights to do so, and those Member States that have not signed Protocol No 13 to the European Convention on Human Rights on the death penalty to do so (para 6);
  • - 
    urged the Council and the Commission, notably in view of the setting-up of the EEAS, to provide guidance for a comprehensive and effective European death penalty policy with regard to dozens of confirmed European nationals facing execution in third countries, which should include strong and reinforced mechanisms in terms of the identification system, the delivery of legal assistance, EU legal interventions and diplomatic representations (para 12);
  • - 
    requested the Council and the Commission, when it comes to concluding agreements with countries that still apply the death penalty or with countries which have not signed the moratorium with a view to abolishing the death penalty to strongly encourage them to do so (para 15);
  • - 
    requested the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission and the Members States to continue to speak with one voice and to keep in mind that the main political content of the resolution must be the adoption of a worldwide moratorium as a crucial step towards the abolition of the death penalty (para 16);
  • - 
    called in particular on the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission to demonstrate the political priority she attaches to the abolition of the death penalty by systematically raising the issue in political contacts with retentionist countries and through regular personal interventions on behalf of those at risk of imminent execution (para 17);
  • - 
    called on the Council and Commission to identify ways in which to improve the implementation and effectiveness of the EU Guidelines on the Death Penalty during the current review of the EU's human rights policy, in particular in view of the planned revision of the Guidelines in 2011 (para 20);
  • - 
    called on the Council and the Commission to use the World day and the European Day against the Death Penalty to highlight, among others, the cases of Sakineh Mohamadi Ashtiani, Zahara Bahrami, Mumia Abu-Jamal, Troy Davis, Oleg Grishkovstov, Andrei Burdyko and Ebrahim Hamidi, Suliamon Olyfemi and Siti Zainab Binti Duhri Rupa

(o) Conference on Biological Diversity - Nagoya 2010 European Parliament resolution of 7 October 2010 on the EU strategic objectives for the 10th Meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD), to be held in Nagoya (Japan) from 18 to 29 October 2010

The European Parliament:

  • - 
    called upon the Commission and the Council to accept the Cali draft text on benefit- sharing arising from publicly available traditional knowledge, on benefit-sharing from the use of derivatives of genetic resources, on the monitoring, tracking and reporting the utilisation of genetic resources as well as the provisions on mutually agreed terms between users and providers of genetic resources.

2.

Originele weergave

afbeelding document
 
 

3.

Meer informatie