TEXTS ADOPTED
P6_TA(2006)0281
Transnational organised crime (the smuggling of migrants) *
European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0129/2006 — 2003/0196(CNS))
(Consultation procedure — renewed consultation)
The European Parliament,
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— |
having regard to the Council draft (8174/2006), |
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— |
having regard to the amended Commission proposal to the Council (COM(2005)0503) (1), |
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— |
having regard to its position of 13 January 2004 (2), |
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— |
having regard to Articles 62(2) and 63(3), 66, 179 and 181a, in conjunction with Article 300(2), first subparagraph, of the EC Treaty, |
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— |
having been reconsulted by the Council pursuant to Article 300(3), first paragraph, of the EC Treaty (C6-0129/2006), |
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— |
having regard to Rules 51, 43(1), 55(3) and 83(7) of its Rules of Procedure, |
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— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0215/2006); |
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1. |
Approves the conclusion of the protocol; |
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2. |
Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States. |
(1) Not yet published in the OJ.
P6_TA(2006)0282
Transnational organised crime (trafficking in persons) *
European Parliament legislative resolution on the amended proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (8174/2006 — COM(2005)0503 — C6-0130/2006 — 2003/0197(CNS))
(Consultation procedure — renewed consultation)
The European Parliament,
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— |
having regard to the Council draft (8174/2006), |
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— |
having regard to the amended Commission proposal to the Council (COM(2005)0503) (1), |
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— |
having regard to its position of 13 January 2004 (2), |
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— |
having regard to Articles 62(2), 63(3), 66, 179 and 181a in conjunction with Article 300(2), first subparagraph, of the EC Treaty, |
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— |
having been reconsulted by the Council pursuant to Article 300(3), first subparagraph, of the EC Treaty (C6-0130/2006), |
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— |
having regard to Rules 51, 43(1), 55(3) and 83(7) of its Rules of Procedure, |
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— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0214/2006); |
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1. |
Approves the conclusion of the protocol; |
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2. |
Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States. |
(1) Not yet published in the OJ.
P6_TA(2006)0283
Application of the provisions of the Aarhus Convention to EC institutions and bodies ***III
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (PE-CONS 3614/1/2006 — C6-0156/2006 — 2003/0242(COD))
(Codecision procedure: third reading)
The European Parliament,
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— |
having regard to the joint text approved by the Conciliation Committee (PE-CONS 3614/1/2006 — C6-0156/2006), |
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— |
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0622) (2), |
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— |
having regard to its position at second reading (3) on the Council common position (4), |
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— |
having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0081) (5), |
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— |
having regard to Article 251(5) of the EC Treaty, |
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— |
having regard to Rule 65 of its Rules of Procedure, |
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— |
having regard to the report of its delegation to the Conciliation Committee (A6-0230/2006); |
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1. |
Approves the joint text; |
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2. |
Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
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3. |
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 have it published in the Official Journal of the European Union; |
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4. |
Instructs its President to forward this legislative resolution to the Council and Commission. |
(1) OJ C 103 E, 29.4.2004, p. 612.
(2) Not yet published in OJ.
(3) Texts Adopted, 18.1.2006, P6_TA(2006)0016.
(4) OJ C 264, 25.10.2005, p. 18.
(5) Not yet published in OJ.
P6_TA(2006)0284
Batteries, accumulators and their waste ***III
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a Directive of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (PE-CONS 3615/4/2006 — C6-0154/2006 — 2003/0282(COD))
(Codecision procedure: third reading)
The European Parliament,
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— |
having regard to the joint text approved by the Conciliation Committee (PE-CONS 3615/4/2006 — C6-0154/2006), |
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— |
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0723) (2), |
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— |
having regard to its position at second reading (3) on the Council common position (4), |
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— |
having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0017) (5), |
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— |
having regard to Article 251(5) of the EC Treaty, |
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— |
having regard to Rule 65 of its Rules of Procedure, |
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— |
having regard to the report of its delegation to the Conciliation Committee (A6-0231/2006); |
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1. |
Approves the joint text; |
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2. |
Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
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3. |
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 have it published in the Official Journal of the European Union; |
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4. |
Instructs its President to forward this legislative resolution to the Council and Commission. |
(1) OJ C 104 E, 30.4.2004, p. 354.
(2) Not yet published in OJ.
(3) Texts Adopted, 13.12.2005, P6_TA(2005)0495.
(4) OJ C 264 E, 25.10.2005, p. 1.
(5) Not yet published in OJ.
P6_TA(2006)0285
European Social Fund ***II
European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1784/1999 (9060/4/2006 — C6-0188/2006 — 2004/0165(COD))
(Codecision procedure: second reading)
The European Parliament,
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having regard to the Council common position (9060/4/2006 — C6-0188/2006), |
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having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0493) (2), |
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— |
having regard to the amended Commission proposal (COM(2005)0523) (3), |
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having regard to Article 251(2) of the EC Treaty, |
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— |
having regard to Rule 67 of its Rules of Procedure, |
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— |
having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0220/2006); |
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1. |
Approves the common position; |
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2. |
Notes that the act is adopted in accordance with the common position; |
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3. |
Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
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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 have it published in the Official Journal of the European Union; |
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5. |
Instructs its President to forward its position to the Council and the Commission. |
(1) Texts Adopted, 6.7.2005, P6_TA(2005)0281.
(2) Not yet published in the OJ.
(3) Not yet published in the OJ.
P6_TA(2006)0286
European Regional Development Fund ***II
European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (9059/4/2006 — C6-0187/2006 — 2004/0167(COD))
(Codecision procedure: second reading)
The European Parliament,
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— |
having regard to the Council common position (9059/4/2006 — C6-0187/2006), |
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— |
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0495) (2), |
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— |
having regard to Article 251(2) of the EC Treaty, |
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— |
having regard to Rule 67 of its Rules of Procedure, |
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— |
having regard to the recommendation for second reading of the Committee on Regional Development (A6-0225/2006); |
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1. |
Approves the common position; |
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2. |
Notes that the act is adopted in accordance with the common position; |
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3. |
Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
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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 have it published in the Official Journal of the European Union; |
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5. |
Instructs its President to forward its position to the Council and Commission. |
(1) Texts Adopted, 6.7.2005, P6_TA(2005)0279.
(2) Not yet published in OJ.
P6_TA(2006)0287
European grouping of territorial co-operation (EGTC) ***II
European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (EGTC) (9062/2/2006 — C6-0189/2006 — 2004/0168(COD))
(Codecision procedure: second reading)
The European Parliament,
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— |
having regard to the Council common position (9062/2/2006 — C6-0189/2006), |
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— |
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0496) (2), |
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— |
having regard to the amended Commission proposal (COM(2006)0094) (3), |
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— |
having regard to Article 251(2) of the EC Treaty, |
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— |
having regard to Rule 67 of its Rules of Procedure, |
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— |
having regard to the recommendation for second reading of the Committee on Regional Development (A6-0227/2006); |
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1. |
Approves the common position; |
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2. |
Notes that the act is adopted in accordance with the common position; |
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3. |
Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
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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 have it published in the Official Journal of the European Union; |
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5. |
Instructs its President to forward its position to the Council and the Commission. |
(1) Texts Adopted, 6.7.2005, P6_TA(2005)0280.
(2) Not yet published in the OJ.
(3) Not yet published in the OJ.
P6_TA(2006)0288
Service of documents in civil or commercial matters ***I
European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (COM(2005)0305 — C6-0232/2005 — 2005/0126(COD))
(Codecision procedure: first reading)
The European Parliament,
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— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0305) (1), |
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— |
having regard to Article 251(2) and Articles 61(c) and 67(5), second indent, of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0232/2005), |
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— |
having regard to Rule 51 of its Rules of Procedure, |
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— |
having regard to the report of the Committee on Legal Affairs (A6-0024/2006); |
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1. |
Approves the Commission proposal as amended; |
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2. |
Calls on the Commission to submit a codified version of Regulation (EC) No 1348/2000 incorporating the amendments contained herein by way of its revised proposal; |
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3. |
Calls 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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4. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
P6_TC1-COD(2005)0126
Position of the European Parliament adopted at first reading on 4 July 2006 with a view to the adoption of Regulation (EC) No …/2006 of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 61, point (c) and the second indent of Article 67(5) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
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(1) |
On 1 October 2004 the Commission adopted a report on the application of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (3). The report concludes that since its entry into force in 2001, the application of Regulation (EC) No 1348/2000 has generally improved and expedited the transmission and the service of documents between Member States, but that nevertheless the application of certain provisions of that Regulation is not fully satisfactory. |
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(2) |
The proper functioning of the internal market entails the need to further improve and expedite the transmission and service of judicial and extrajudicial documents in civil or commercial matters for service between the Member States, to simplify the application of certain provisions of Regulation (EC) No 1348/2000 and to improve legal certainty for the applicant and the addressee. |
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(3) |
Regulation (EC) No 1348/2000 should not apply to service of a document on the party's authorised representative in the Member State where the proceedings take place, regardless of the place of residence of that party. |
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(4) |
The service of a document should be effected as soon as possible, and in any event within one month of receipt by the receiving agency. |
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(5) |
The receiving agency should inform the addressee in writing using a standard form that he or she may refuse to accept the document to be served at the time of service or by sending the document to the receiving agency within one week if it is not either in a language which he or she understands or in an official language of the place of service. This rule should also apply to the subsequent service once the addressee has exercised his or her right of refusal. These rules on refusal should also apply to service by diplomatic or consular agents, service by postal services and direct service . |
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(6) |
The receiving agency should continue to take all necessary steps to serve the document also in cases where it has not been possible to effect service within the month, for example because the defendant has been away from his or her home on holiday or away from his or her office on business. Furthermore, in order to avoid an open-ended obligation for the receiving agency to take steps to serve a document, the transmitting agency should be able to specify a deadline in the standard form after which service is no longer required. |
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(7) |
It should be established that the service of a document can be remedied through the service on the addressee of a translation of the document. |
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(8) |
The date of service of a document should be the date on which it is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State a document shall be served within a particular period, the date to be taken into account with respect to the applicant should be that fixed by the law of that Member State. Those Member States where this system applies should communicate this to the Commission, which is to publish this information in the Official Journal of the European Union and in the European Judicial Network in civil and commercial matters. |
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(9) |
In order to facilitate access to justice, costs occasioned by the employment of a judicial officer, official or person competent under the law of the Member State addressed should correspond to a single fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination. The requirement of a single fixed fee should not prejudice the possibility for Member States to fix different fees for different types of service as long as they respect these principles. |
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(10) |
Each Member State should be free to effect service of documents directly by postal services to persons residing in another Member State by registered letter with acknowledgement of receipt or equivalent. |
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(11) |
Any person interested in a judicial proceeding may effect service of documents directly through the judicial officers, officials or other competent persons of the Member State addressed , where such direct service is permitted under the law of that Member State . |
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(12) |
The Commission should draw up a manual containing information relevant for the proper application of Regulation (EC) No 1348/2000, which should be published in the European Judicial Network in civil and commercial matters. The Commission and the Member States should do their utmost to ensure that this information is up to date and complete, especially as regards the contact details of receiving and transmitting agencies. |
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(13) |
In calculating the periods and time limits provided for in Regulation (EC) No 1348/2000, Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits (4) should apply. |
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(14) |
Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. |
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(15) |
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5). |
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(16) |
The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Regulation. |
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(17) |
Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, is not participating in the adoption of this Regulation, and is therefore not bound by it or subject to its application, |
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1348/2000 is hereby amended as follows:
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(1) |
The following subparagraph shall be added to Article 1(1): ‘It shall not extend in particular to revenue, customs or administrative matters or to liability of the State for actions or omissions in the exercise of state authority (“acta iure imperii”).’ |
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(2) |
In Article 4(3), the last sentence shall be replaced by the following: ‘Each Member State shall indicate the official language or languages of the Institutions of the European Union other than its own which is or are acceptable to it for completion of the form.’ |
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(3) |
Article 7(2) shall be replaced by the following: ‘2. The receiving agency shall take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of receipt. If it has not been possible to effect service within one month of receipt , the receiving agency
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(4) |
Article 8 is amended as follows:
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(5) |
Article 9 shall be replaced by the following: ‘Article 9 Date of service 1. Without prejudice to Article 8, the date of service of a document shall be the date on which it is served in accordance with the law of the Member State addressed. 2. However, where according to the law of a Member State, a document shall be served within a particular period, the date to be taken into account with respect to the applicant shall be that fixed by the law of that Member State.’ |
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(6) |
In Article 10(2), the last sentence shall be replaced by the following: ‘Each Member State shall indicate the official language or languages of the Institutions of the European Union other than its own which is or are acceptable to it for completion of the form.’ |
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(7) |
Article 11(2) shall be replaced by the following: ‘2. However, the applicant shall pay or reimburse the costs occasioned by:
Costs occasioned by the employment of a judicial officer or of a person competent under the law of the Member State addressed shall correspond to a single fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination. Member States shall communicate such fixed fees to the Commission.’ |
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(8) |
Article 14 shall be replaced by the following: ‘Article 14 Service by postal services Each Member State shall be free to effect service of judicial documents directly by postal services to persons residing in another Member State by registered letter with acknowledgement of receipt or equivalent.’ |
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(9) |
Article 15 shall be replaced by the following: ‘Article 15 Direct service Any person interested in a judicial proceeding may effect service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State addressed , where such direct service is permitted under the law of that Member State .’ |
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(10) |
The following Article 15a shall be inserted: ‘Article 15a Applicable provisions 1. The rules concerning the refusal to accept the document provided for in Article 8 and the rules concerning the date of service provided for in Article 9 shall apply to the means of transmission and service provided for in this section. 2. However, for the purposes of Article 8(1):
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(11) |
Article 17 shall be replaced by the following: ‘Article 17 Implementing rules The measures necessary for the implementation of this Regulation relating to the updating or making technical amendments to the standard forms set out in the Annex shall be adopted in accordance with the advisory procedure referred to in Article 18(2).’ |
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(12) |
Article 23 shall be replaced by the following: ‘Article 23 Communication and publication 1. Member States shall communicate to the Commission the information referred to in Articles 2, 3, 4, 10, 11, 13, 15 and 19. Member States shall communicate to the Commission if, according to their law, a document shall be served within a particular period as referred to in Articles 8(3) and 9(2). 2. The Commission shall publish the information communicated in accordance with paragraph 1 in the Official Journal of the European Union, with the exception of the addresses and other contact details of the agencies and of the central bodies and the geographical areas in which they have jurisdiction. 3. The Commission shall draw up and update regularly a manual containing the information referred to in paragraph 1 , which shall be available electronically, in particular via the European Judicial Network in civil and commercial matters established in accordance with Council Decision 2001/470/EC of 28 May 2001 (6) . |
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(13) |
Article 24 shall be replaced by the following: ‘Article 24 Review No later than 1 June 2011, and every five years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, paying special attention to the effectiveness of the bodies designated pursuant to Article 2 and to the practical application of point (c) of Article 3 and Article 9. The report shall be accompanied if need be by proposals for adaptations of this Regulation in line with the evolution of notification systems.’ |
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(14) |
Article 25 shall be replaced by the following: ‘Article 25 Date of application The Regulation shall apply from … (7) with the exception of Article 23 which shall apply from … (8). This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. |
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(15) |
The Annex shall be replaced by the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on […].
This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community.
Done at …, on …
For the European Parliament
The President
For the Council
The President
(2) Position of the European Parliament of 4 July 2006.
(3) OJ L 160, 30.6.2000, p. 37.
(5) OJ L 184, 17.7.1999, p. 23.
(6) OJ L 174, 27.6.2001, p. 25 .’
(7) Twelve months after the adoption of this Regulation.
(8) Nine months after the adoption of this Regulation.’
ANNEX
REQUEST FOR SERVICE OF DOCUMENTS
(Article 4(3) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (1))
Reference No: …
1. TRANSMITTING AGENCY
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1.1. |
Identity: |
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1.2. |
Address:
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1.3. |
Tel: |
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1.4. |
Fax (2): |
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1.5. |
E-mail (2): |
2. RECEIVING AGENCY
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2.1. |
Identity: |
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2.2. |
Address:
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2.3. |
Tel: |
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2.4. |
Fax (2): |
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2.5. |
E-mail (2): |
3. APPLICANT
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3.1. |
Identity: |
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3.2. |
Address:
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3.3. |
Tel (2): |
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3.4. |
Fax (2): |
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3.5. |
E-mail (2): |
4. ADDRESSEE
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4.1. |
Identity: |
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4.2. |
Address:
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4.3. |
Tel (2): |
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4.4. |
Fax (2): |
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4.5. |
E-mail (2): |
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4.6. |
Identification number/social security number/organisation number/or equivalent (2): |
5. METHOD OF SERVICE
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5.1. |
In accordance with the law of the Member State addressed |
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5.2. |
By the following particular method:
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6. DOCUMENT TO BE SERVED
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(a) |
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(b) |
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(c) |
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7. A COPY OF DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 4(5) of the Regulation)
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7.1. |
Yes (in this case send two copies of the document to be served) |
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7.2. |
No |
|
1. |
You are required by Article 7(2) of the Regulation to effect all steps required for service of the document as soon as possible, and in any event within one month of receipt. If it has not been possible for you to effect service within one month of receipt , you must inform this agency by means of the certificate provided for in point 13. |
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2. |
If you cannot fulfil this request for service on the basis of the information or documents transmitted, you are required by Article 6(2) of the Regulation to contact this agency by the swiftest possible means in order to secure the missing information or document. |
Done at:
Date:
Signature and/or stamp:
Reference No of the transmitting agency:
Reference No of the receiving agency:
ACKNOWLEDGEMENT OF RECEIPT
(Article 6(1) of Council Regulation (EC) No 1348/2000)
This acknowledgement must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt.
8. DATE OF RECEIPT
Done at:
Date:
Signature and/or stamp:
Reference No of the transmitting agency:
Reference No of the receiving agency:
NOTICE OF RETURN OF REQUEST AND DOCUMENT
(Article 6(3) of Council Regulation (EC) No 1348/2000)
The request and document must be returned on receipt.
9. REASON FOR RETURN
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9.1. |
The request is manifestly outside the scope of the Regulation:
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9.2. |
Non-compliance with formal conditions required makes service impossible:
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9.3. |
The method of service is incompatible with the law of that Member State (Article 7(1) of the Regulation) |
Done at:
Date:
Signature and/or stamp:
Reference No of the transmitting agency:
Reference No of the receiving agency:
NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE APPROPRIATE RECEIVING AGENCY
(Article 6(4) of Council Regulation (EC) No 1348/2000)
The request and document were forwarded on to the following receiving agency, which has territorial jurisdiction to serve it:
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10.1. |
Identity: |
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10.2. |
Address:
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10.3. |
Tel: |
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10.4. |
Fax (2): |
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10.5. |
E-mail (2): |
Done at:
Date:
Signature and/or stamp:
Reference No of the transmitting agency:
Reference No of the appropriate receiving agency:
NOTICE OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY HAVING TERRITORIAL JURISDICTION TO THE TRANSMITTING AGENCY
(Article 6(4) of Council Regulation (EC) No 1348/2000)
This notice must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt.
11. DATE OF RECEIPT
Done at:
Date:
Signature and/or stamp:
INFORMATION OF THE ADDRESSEE ABOUT THE RIGHT TO REFUSE TO ACCEPT A DOCUMENT
(Article 8(1) of Council Regulation (EC) No 1348/2000)
Reference No of the transmitting agency:
Reference No of the receiving agency:
CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS
(Article 10 of Council Regulation (EC) No 1348/2000)
The service shall be effected as soon as possible. If it has not been possible to effect service within one month of receipt , the receiving agency shall inform the transmitting agency (according to Article 7(2) of the Regulation)
12. COMPLETION OF SERVICE
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(a) |
|
|
(b) |
|
|
(c) |
|
13. INFORMATION IN ACCORDANCE WITH ARTICLE 7(2)
It was not possible to effect service within one month of receipt.
14. REFUSAL OF DOCUMENT
The addressee refused to accept the document on account of the language used. The documents are annexed to this certificate.
15. REASON FOR NON-SERVICE OF DOCUMENT
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15.1. |
Address unknown |
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15.2. |
Addressee cannot be located |
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15.3. |
Document could not be served before the date or time limit stated in point 6.2. |
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15.4. |
Others (please specify): |
The documents are annexed to this certificate.
Done at:
Date:
Signature and/or stamp:
(1) OJ L 160, 30.6.2000, p. 37.
(2) This item is optional.
P6_TA(2006)0289
ERDF, ESF, Cohesion Fund (general provisions) ***
European Parliament legislative resolution on the proposal for a Council regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (9077/2006 — C6-0192/2006 — 2004/0163(AVC))
(Assent procedure)
The European Parliament,
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— |
having regard to the proposal for a Council regulation (9077/2006) (1), |
|
— |
having regard to the request for assent submitted by the Council pursuant to Article 161 of the EC Treaty (C6-0192/2006), |
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— |
having regard to the European Parliament and Commission statement annexed to this legislative resolution, |
|
— |
having regard to Rule 75(1) of its Rules of Procedure, |
|
— |
having regard to the recommendation of the Committee on Regional Development and the opinion of the Committee on Employment and Social Affairs (A6-0224/2006); |
|
1. |
Gives its assent to the proposal for a Council regulation; |
|
2. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in OJ.
ANNEX
EUROPEAN PARLIAMENT AND COMMISSION STATEMENT
Without prejudice to the Interinstitutional Agreement of 17 May 2006 on Budgetary Discipline and Sound Financial Management and to the current rules (2007-2013), the Commission shall, from 2010 onwards, submit to the Budgetary Authority an assessment of how cohesion policy has been implemented over the programming period 2007 to 2013 and shall include therein the consequences of applying the N + 3/N + 2 rule.
P6_TA(2006)0290
Establishment of a Cohesion Fund ***
European Parliament legislative resolution on the proposal for a Council regulation establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94 (9078/2006 — C6-0191/2006 — 2004/0166(AVC))
(Assent procedure)
The European Parliament,
|
— |
having regard to the proposal for a Council regulation (9078/2006) (1), |
|
— |
having regard to the request for assent submitted by the Council pursuant to Article 161, second paragraph, of the EC Treaty (C6-0191/2006), |
|
— |
having regard to Rule 75(1) of its Rules of Procedure, |
|
— |
having regard to the recommendation of the Committee on Regional Development (A6-0226/2006); |
|
1. |
Gives its assent to the proposal for a Council regulation; |
|
2. |
Instructs its President to forward its position to the Council and Commission. |
(1) Not yet published in the OJ.
P6_TA(2006)0291
The liner conference block exemption and cabotage and international tramp services *
European Parliament legislative resolution on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (COM(2005)0651 — C6-0046/2006 — 2005/0264(CNS))
(Consultation procedure)
The European Parliament,
|
— |
having regard to the Commission proposal to the Council (COM(2005)0651) (1), |
|
— |
having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0046/2006), |
|
— |
having regard to Rule 51 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Transport and Tourism (A6-0217/2006); |
|
1. |
Approves the Commission proposal as amended; |
|
2. |
Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
|
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
|
4. |
Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
|
5. |
Instructs its President to forward its position to the Council and Commission. |
|
(3) |
The liner shipping conference block exemption provided for in Regulation (EEC) No 4056/86 exempts from the prohibition of Article 81(1) of the Treaty agreements, decisions and concerted practices of all or part of the members of one or more liner conferences which fulfil certain conditions. The justification for the block exemption in essence assumes that conferences bring stability, assuring exporters of reliable services which cannot be achieved by less restrictive means. However, a thorough review of the industry carried out by the Commission has demonstrated that liner shipping is not unique as its cost structure does not differ substantially from that of other industries. There is therefore no evidence that the industry needs to be protected from competition. |
|
(3) |
The liner shipping conference block exemption provided for in Regulation (EEC) No 4056/86 exempts from the prohibition of Article 81(1) of the Treaty agreements, decisions and concerted practices of all or part of the members of one or more liner conferences which fulfil certain conditions. The justification for the block exemption in essence assumes that conferences bring stability, assuring exporters of reliable services which cannot be achieved by less restrictive means. A thorough review of the industry carried out by the Commission demonstrated that liner shipping nowadays is highly competitive and that there is no evidence that the industry should be protected from competition. However, given the current conditions of global competition and the rapid developments, high costs and investment risks associated with the liner shipping industry, the usefulness of information exchanges among stakeholders in this sector is acknowledged. |
|
(9) |
The exclusion from the prohibition of Article 81(1) of the Treaty of purely technical agreements and the procedure for dealing with conflicts of law which may arise are also redundant. Those provisions should therefore also be deleted. |
|
(9) |
To facilitate transactions in the sector, the guidelines issued pursuant to paragraph 2a of Article 1 will provide guidance on questions concerning technical agreements within the meaning of Article 2 of Regulation (EEC) No 4056/86. |
|
(10) |
In the light of the above, Regulation (EEC) No 4056/86 should be repealed in its entirety. |
|
(10) |
In the light of the above, Regulation (EEC) No 4056/86 should be repealed in its entirety and the end of the liner conference block exemption will take effect after a transitional period of two years from the date of entry into force of this Regulation. |
|
(10a) |
Since enforcement of this Regulation will create a conflict of law as regards the accession of certain Member States to the UNCTAD Code of Conduct for Liner Conferences, it is recommended that the Member States should withdraw from the Code, although they cannot be obliged to do so. In view of this situation, a clear-cut procedure needs to be put in place in order to deal with such conflicts of international law as might arise. After repeal of the provisions of Article 9 of Regulation (EEC) No. 4056/86, the legal basis for the Commission to act on the authority of the Council in this field will be maintained, on the basis of Article 300 of the EC Treaty. |
|
(10b) |
In order to provide legal certainty to the liner services sector, the Commission shall, in close cooperation with the stakeholders and after consulting the European Parliament, establish guidelines within the scope of Articles 81 and 82 of the Treaty before the end of the transitional period. |
|
(11) |
Liner conferences are tolerated in several jurisdictions. In this, as in other sectors, competition law is not applied in the same way worldwide. In light of the global nature of the liner shipping industry, the Commission will take all relevant initiatives to advance the removal of the price fixing exemption for liner conferences that exist elsewhere whilst maintaining the exemption for operational co-operation between shipping lines grouped in consortia and alliances, in line with the recommendations of the OECD Secretariat in 2002. |
|
(11) |
Liner conferences are tolerated in several jurisdictions. In this, as in other sectors, competition law is not applied in the same way worldwide. In light of the global nature of the liner shipping industry, the Commission will take all relevant initiatives to advance the removal of the price fixing exemption for liner conferences that exist elsewhere . At the same time, the exemption for operational co-operation between shipping lines grouped in consortia and alliances, in line with the recommendations of the OECD Secretariat in 2002, will be maintained . |
|
(12) |
Cabotage and international tramp vessel services have been excluded from the rules implementing Articles 81 and 82 of the Treaty originally laid down in Regulation (EEC) No 4056/86 and subsequently in Regulation (EC) No 1/2003. They are currently the only remaining sectors to be excluded from the Community competition implementing rules. The lack of effective enforcement powers for those sectors is an anomaly from a regulatory point of view. |
deleted
|
(12a) |
Together with the guidelines, the Commission will present to the European Parliament a transparent overview of the position of third countries (China, USA, Canada, Japan, Singapore and India) as regards the EU's new policy on liner services (acceptance, adjustment, opposition, negative effects, etc.) and their willingness to adapt their own systems. |
|
(12b) |
Since Member States may need to adjust their international commitments in the light of the abolition of the liner conference system, the provisions of Regulation (EEC) No 4056/86 relating to the liner conference block exemption should continue to apply to liner conferences satisfying the requirements of Regulation (EEC) No 4056/86 on the date of entry into force of this Regulation for a transitional period. |
|
(12c) |
The UNCTAD code no longer appears to play an important role in the international liner service sector. The need for Member States to denounce the code should not therefore be an obstacle to the revision of the EC competition rules for liner conferences. However, the Commission should investigate thoroughly the commercial and political implications of such denouncement. |
|
(13a) |
Cabotage and international tramp vessel services have, to date, been excluded from the rules implementing Articles 81 and 82 of the Treaty originally laid down in Regulation (EEC) No 4056/86 and subsequently in Regulation (EC) No 1/2003. They are currently the only remaining sectors to be excluded from the EC competition implementing rules. The lack of effective competition enforcement powers in the cabotage and international tramp service sectors is an anomaly from a regulatory point of view. |
|
(15a) |
Prior in particular to the repeal of Article 32 of Regulation (EC) No 1/2003, the amendment of Regulation (EC) No 1/2003 should be accompanied by the adoption of guidelines for the application of Articles 81 and 82 of the Treaty to the tramp services sector, in order to provide legal certainty and to take into account the specific characteristics of the sector, in particular for pooling agreements. The guidelines should be issued in close cooperation with stakeholders and after consulting the European Parliament. |
|
(16) |
Since Member States may need to adjust their international commitments in the light of the abolition of the conference system, the provisions of Regulation (EEC) No 4056/86 relating to the liner conference block exemption should continue to apply to conferences satisfying the requirements of Regulation (EEC) No 4056/86 on the date of entry into force of this Regulation for a transitional period, |
deleted
|
(16a) |
In this connection, the Commission should examine whether it is necessary to amend or repeal other EC legislation, such as Council Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences (2) or Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (3) . |
The Commission shall adopt guidelines before the end of the transitional period. The guidelines shall contain, among other things, guidance on the subject matter of Article 2 of Regulation (EEC) No 4056/86, before its repeal. Furthermore, the guidelines shall take particular account of the interests of small and medium-sized ship-owners and those operating in specialised trades.
Article 32 of Regulation (EC) No 1/2003 is deleted.
Article 32 of Regulation (EC) No 1/2003 shall be repealed .
The Commission shall adopt guidelines for the application of Articles 81 and 82 of the Treaty to tramp services before the date on which Article 32 of Regulation (EC) No 1/2003 is repealed.
(1) Not yet published in the OJ.
P6_TA(2006)0292
Own resources *
European Parliament legislative resolution on the proposal for a Council decision on the system of the European Communities' own resources (COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS))
(Consultation procedure)
The European Parliament,
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— |
having regard to the Commission proposal to the Council (COM(2006)0099) (1), |
|
— |
having regard to Article 269 of the EC Treaty and to Article 173 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0132/2006), |
|
— |
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 (2), in particular point 8 thereof, and Declaration No 3 on the review of the financial framework, annexed to that agreement, |
|
— |
having regard to Rule 51 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional Development (A6-0223/2006); |
|
1. |
Approves the Commission proposal as amended; |
|
2. |
Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the Treaty establishing the European Community; |
|
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
|
4. |
Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
|
5. |
Instructs its President to forward its position to the Council and Commission. |
|
(1) |
The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. These arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore appropriate to introduce provisions covering specific Member States. |
|
(1) |
The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. These arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore unavoidable, for the time being and until a new, fairer and more transparent,system of own resources has been agreed in the review process of 2008/2009, that provisions covering specific Member States be introduced . |
|
(2) |
The Communities' own resources system must ensure adequate resources for the orderly development of the Communities' policies, subject to the need for strict budgetary discipline. |
|
(2) |
The Communities' own resources system must ensure adequate resources , characterised by transparency and simplicity , for the orderly development of the Communities' policies, subject to the need for strict budgetary discipline. |
|
(7) |
In the interests of transparency and simplicity the European Council of 15 and 16 December 2005 concluded that the uniform rate of call of VAT should be fixed at 0,30 %. |
|
(7) |
The European Council of 15 and 16 December 2005 concluded that the uniform rate of call of VAT should be fixed at 0,30 %. |
|
(8a) |
The Communities' own resources system should always be taken into consideration when changing the rules related to the Communities' taxation issues (VAT, corporate tax, duties, levies, excise taxes). |
|
(11) |
The European Council of 15 and 16 December 2005 called on the Commission to undertake a full, wide-ranging review covering all aspects of EU spending and of resources and to report in 2008/2009. Within this framework, the Commission should therefore undertake a general review of the operation of the own resources system, accompanied , if necessary , by appropriate proposals. |
|
(11) |
The European Council of 15 and 16 December 2005 called on the Commission to undertake a full, wide-ranging review covering all aspects of EU spending and of resources and to report in 2008/2009. Within this framework, the Commission should therefore undertake a general review of the operation of the own resources system, accompanied by appropriate proposals , under the conditions laid down in Declaration No 3 on the review of the financial framework, annexed 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). |
In the framework of the full, wide-ranging review covering all aspects of EU spending and of resources on which it shall report in 2008/2009, the Commission shall undertake a general review of the own resources system, accompanied , if necessary , by appropriate proposals.
In the framework of the full, wide-ranging review covering all aspects of EU spending and of resources on which it shall report in 2008/2009, the Commission shall undertake a general review of the own resources system, accompanied by appropriate proposals. It shall take into account the results of the work conducted jointly by the national parliaments and the European Parliament. In undertaking this review and in drawing up its proposals, the Commission shall take into account the work and recommendations of the European Parliament, in accordance with the terms of Declaration No 3 annexed to the Interinstitutional Agreement of 17 May 2006.
(1) Not yet published in OJ.
P6_TA(2006)0293
Crisis of Equitable Life
European Parliament resolution on the crisis of the Equitable Life Assurance Society (2006/2026(INI))
The European Parliament,
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— |
having regard to Article 193 of the EC Treaty, |
|
— |
having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry (1), |
|
— |
having regard to its decision of 18 January 2006 on setting up a Committee of Inquiry into the crisis of the Equitable life Assurance Society (2), |
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— |
having regard Rule 176 of its Rules of Procedure, |
|
— |
having regard to the interim report of the Committee of Inquiry into the crisis of the Equitable Life Assurance Society (A6-0221/2006), |
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A. |
whereas Article 193 of the EC Treaty provides a legal basis for the establishment by the Parliament of a temporary Committee of Inquiry to investigate alleged contraventions or maladministration in the implementation of Community law; whereas this constitutes an important element of the Parliament's supervisory powers, |
|
B. |
whereas the purpose of a Committee of Inquiry is to look at the existing body of Community legislation and the way in which it has been implemented, either by an institution or a body of the European Communities or by the Member States, and whereas the scope of an inquiry is limited by the mandate of the Committee of Inquiry as well as by primary and secondary Community law, |
|
C. |
whereas on the basis of a proposal by the Conference of Presidents, the Parliament decided, at its plenary session on 18 January 2006, to set up a Committee of Inquiry to look into the crisis of the Equitable Life Assurance Society, and that the Committee of Inquiry would investigate a large series of related issues and would make any proposals that it deemed necessary in the matter, |
|
D. |
whereas the remit of a Committee of Inquiry prevents it from advancing any conclusions arising out of its investigations before it considers its mandate to have been fulfilled; whereas, therefore, it is neither possible nor desirable for the Committee of Inquiry to submit any observations on the various aspects of its mandate at this early stage of its work, |
|
E. |
whereas the Committee of Inquiry has approved a working document setting out a structured approach and establishing clear lines of action and investigation, |
|
F. |
whereas the Committee of Inquiry has commissioned external studies under its expertise budget concerning the first three lines of investigation identified in the working document, and is currently awaiting the results, |
|
G. |
whereas the issues dealt with by the Committee of Inquiry have a general significance that goes beyond the particular concerns of the European citizens who are directly affected, in particular as regards the adequate functioning of the internal market for insurance products, the correct implementation of Community law and the adequacy of redress mechanisms available to citizens, in particular in cross-border situations where the undertaking concerned is under home-country control, |
|
H. |
whereas the issues dealt with by the Committee of Inquiry may have a general significance for the Solvency II project, in particular for possible future provisions on the rules governing the assets and liabilities of insurance undertakings, matching assets to liabilities, reinsurance arrangements, and the implications of accounting and actuarial policies, |
|
I. |
whereas the Committee of Inquiry should take into account the investigations already undertaken in the United Kingdom, especially those carried out by Lord Penrose, and should give full consideration to the investigations that are ongoing, such as that of the UK Parliamentary Ombudsman, |
|
J. |
whereas the oral and written evidence submitted and examined by the Committee of Inquiry to date confirms the need to investigate further all the points contained in its mandate by the Parliament in its Decision of 18 January 2006 and to make the necessary proposals, |
|
1. |
Encourages the Committee of Inquiry to pursue its work and to implement fully the mandate given by Parliament in its Decision of 18 January 2006 and supports all the actions and initiatives leading to the accomplishment of the mandate; |
|
2. |
Considers it essential to take into consideration the different reports and investigations carried out in the United Kingdom, in particular the report currently being finalised by the UK Parliamentary Ombudsman, due to be published in November 2006 at the earliest; decides, therefore, to extend the mandate of the Committee of Inquiry by a period of three months in accordance with Rule 176(4) of the Rules of Procedure; |
|
3. |
Asks the Conference of Presidents and the Bureau to support all measures needed for the Committee of Inquiry to fulfil its mandate, in particular regarding witnesses' expenses, extraordinary meetings or any other technical means, which are duly justified; |
|
4. |
Asks the Commission to continue to support and assist the work of the Committee of Inquiry, with full respect for the principle of loyal cooperation, providing all the technical and political support possible even where the Commission's action, or lack of action, is the subject of scrutiny; |
|
5. |
Requires the regulatory and supervisory bodies of the Member States, in particular those of the United Kingdom, Ireland and Germany, to assist the Committee of Inquiry in its tasks and, in particular, to give evidence on the functioning of the exchange of information and cooperation between these authorities; |
|
6. |
Requires that the governments and parliaments of Members States, in particular those of the United Kingdom, Ireland and Germany, assist the Committee of Inquiry in its tasks with full respect for the principle of loyal cooperation established in the Treaties. |
|
7. |
Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
(1) OJ L 113, 19.5.1995, p. 2.
(2) Texts Adopted, P6_TA(2006)0011.
P6_TA(2006)0294
Consolidation in the European financial services industry
European Parliament resolution on further consolidation in the financial services industry (2006/2081(INI))
The European Parliament,
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— |
having regard to the Commission staff working document of 26 October 2005 on cross-border consolidation in the EU financial sector (SEC(2005)1398), |
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— |
having regard to the Commission communication of 21 October 2005 on intra-EU investment in the financial services' sector (1), |
|
— |
having regard to the Commission communication of 11 May 1999, ‘Implementing the framework for financial markets: action plan’ (FSAP) (COM(1999)0232), |
|
— |
having regard to the Commission white paper of 1 December 2005 on Financial Services Policy 2005-2010 (COM(2005)0629), |
|
— |
having regard to the Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (2), |
|
— |
having regard to the Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 (3) on a new organisational structure for financial services committees, |
|
— |
having regard to Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) (4), |
|
— |
having regard to Directives of the European Parliament and Council, both of 14 June 2006, 2006/48/EC relating to the take-up and pursuit of the business of credit institutions (recast) (5) (Capital Requirements Directive) and 2006/49/EC on the capital adequacy of investment firms and credit institutions (recast) (6), |
|
— |
having regard to its resolution of 28 April 2005 on the current state of integration of EU financial markets (7), |
|
— |
having regard to its resolution of 21 November 2002 on prudential supervision rules in the European Union (8), |
|
— |
having regard to Rule 45 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Economic and Monetary Affairs (A6-0170/2006), |
|
A. |
whereas the economy of the EU is facing diverse challenges at a global and domestic level, such as intense competition, sluggish economic growth, population ageing and the growth of pension liability, |
|
B. |
whereas the goal of stable and secure financial markets must be equal to the effort to reduce obstacles to cross-border activities concerning financial activities, |
|
C. |
whereas strong, stable and efficient financial markets and institutions are crucial to meeting the financing needs of the EU's various economic actors and to boosting growth and employment, |
|
D. |
whereas a stable and competitive financial services sector enjoys consumer confidence if it is based on a high level of consumer protection, |
|
E. |
whereas consolidation creates a potential for economies of scale and scope, synergies, and cost efficiencies, and, if coupled with further market integration, can encourage growth and favour investment by fostering the liquidity and efficiency of markets, |
|
F. |
whereas the role of EU and national policy makers is to set up a regulatory and supervisory framework that stimulates growth; improves the competitiveness of the EU's economy; guarantees a level playing field; safeguards market efficiency, integrity, transparency and the stability of the financial system; and protects depositors, investors and insured persons, |
|
G. |
whereas consumer needs and diversity of choice between quality products should be the main aim of any policy in this sector, |
|
H. |
whereas adequate attention should be focused on the opinions and welfare of employees and customers, both of which are important stakeholders in financial institutions undergoing merger and acquisition (M&A) activity, |
|
I. |
whereas unjustifiable national practices and protectionist and discriminatory measures should be tackled because they fragment the market and deprive consumers of the benefits of consolidation, |
General perspectives
|
1. |
Considers that consolidation in financial markets is an important market trend, although not the only one, responding to growing competition at EU and global level; |
|
2. |
Considers that consolidation in financial markets should not aim to reach a particular number of financial institutions and that it must be proportionate to competition in the financial markets; |
|
3. |
Notes that M&A remains the most frequent growth strategy of financial institutions; notes also that, in a modern economy, the effects of consolidation can be achieved in many different ways, such as through commercial alliances between institutions, outsourcing or in-sourcing of back-office operations, back-office cooperation, and the creation of common infrastructures with competitors (e.g. payment clearing and settlement systems); |
|
4. |
Welcomes the positive effects of the euro and the FSAP on the integration of wholesale financial markets, on market transparency and liquidity, and on modernising and completing the EU's financial regulatory framework even though not all the consequences of the single currency to the integration of the financial markets have yet been realised; |
|
5. |
Notes that M&A and restructuring activity, which is likely to have a positive effect on competitiveness, is often accompanied by a negative perception of fear of loss of employment, which materialises at times, particularly in certain regions; |
|
6. |
Takes note of the intensive consolidation via cross-border M&A in the new Member States in the last 10 years; in this respect, also recalls the importance of sound and stable financial systems for small economies; |
|
7. |
Recalls that consolidation should not be a political objective per se, but should bring clear benefits to the economy by stimulating growth, encouraging innovation, ensuring competition, improving access to funding, allowing financial institutions to exploit synergies and cost efficiencies, and giving consumers a greater choice and better quality, while ensuring an adequate level of consumer protection; |
|
8. |
Asks for attention to be focused on the effects of consolidation in the financial sector on employment, by restructuring ownership and activities, and by outsourcing in particular; urges the sector to take full social responsibility and to provide for accompanying measures that lead to retraining and qualifying financial institutions' staff to fit in with the Lisbon Strategy goals of becoming a more knowledge-intensive economy; |
|
9. |
Believes that the diversity of financial institutions, which better reflects the variety of financing needs of corporate entities, SMEs and consumers, should be preserved and that, therefore, EC legislation should not favour any single type of business model or corporate structure or any single type of product over another; |
|
10. |
Considers that the architecture of financial services at EU level should be such as to guarantee the co-existence of different structures and sizes in order to provide for efficient and competitive players both at international level and within proximity networks; |
|
11. |
Believes that the diversity of financial products must be ensured in order to meet the different and shifting needs of consumers; |
Barriers to cross-border consolidation
|
12. |
Notes that due to various obstacles, the level of cross-border consolidation in the financial sector, and in the banking sector in particular, is often less than the level of domestic consolidation in the EU; takes note of the barriers identified in the Commission's survey; |
|
13. |
Points out that, within the internal market, economic synergies and cost efficiencies resulting from consolidation should be achievable and should not be hampered by unjustifiable obstacles, such as tax barriers and different supervisory regimes; supports the Commission's intention to tackle these obstacles; notes the difficulties faced by financial institutions willing to achieve cost efficiencies and economies of scale and scope by selling the same or identical products across countries and calls on the Commission to examine these difficulties further; |
|
14. |
Points out that market participants should take into account their social responsibility during M&A and restructuring activity; also points out that within the process of globalisation, the only way to win the confidence of the citizens of the EU is to enhance a social market economy with more and better jobs; |
|
15. |
Acknowledges the important role of national supervisors in conducting prudential supervision and safeguarding the soundness of national financial markets and institutions; |
|
16. |
Points out that divergent national supervisory practices and standards may reduce market efficiency, increase the operating costs of those financial institutions operating across borders, and thus mitigate the beneficial effects of and ultimately fragmenting the single financial market; |
|
17. |
Is concerned that financial institutions seeking to develop their strategies at EU level are frequently confronted with costly and time-consuming regulatory and supervisory practices and differing reporting requirements; |
|
18. |
Believes that further convergence of supervisory practices and standards could diminish some of the negative effects of diverging supervisory practices and improve market efficiency; welcomes the progress achieved by the Committee of European Banking Supervisors and encourages its further work; |
|
19. |
Welcomes the progress attained by Level 3 committees — the Committee of European Banking Supervisors (CEBS), the Committee of European Securities Regulators (CESR) and the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) — in achieving greater supervisory convergence and encourages their further work; |
|
20. |
Notes that the integration on the wholesale markets has been nearly completed and, in particular, that integration on the money markets is far advanced, and that announcements of increases and decreases in interest rates are quickly and well reflected in the market prices; |
|
21. |
Regrets that several tax obstacles, in particular inter-group VAT and the lack of neutrality as well as the lack of legal certainty in the VAT treatment of financial services, diminish and often prevent synergies and cost efficiencies and calls on the Commission to formulate proposals on how to overcome these barriers; |
|
22. |
Notes that currently, substantial non-recoverable VAT costs in addition to inter-company charges to a large extent limit any possible savings from cross-border consolidation; |
|
23. |
Notes that the current tax treatment of dividends in some Member States favours payouts of domestic rather than EU dividends; |
|
24. |
Believes that further integration of the retail financial markets should bring greater choice of better quality products for consumers and should enable companies to sell their products across borders, without hampering competition within the EU retail financial markets; calls on the Commission to present a clear and concise strategy for integrating retail financial markets; |
|
25. |
Urges the Commission and the financial services industry to discuss further the advantages and disadvantages of the ‘26th regime’ to financial services, which mobile EU citizens may need for their activities in other Member States, so that they are able to use service providers familiar to them and need deal only with a simple standard set of rules; urges the Commission, in particular, to define a legal basis, to secure consumer protection at a high level, and to define the required components of harmonisation and an appropriate supervisory regime; |
|
26. |
Believes that the pluralistic structure of the European banking market is an asset to the European economy and should not be called into question; |
Regulatory and supervisory system
Market structure
|
27. |
Notes that levels of market concentration in certain Member States raise concerns regarding the market structure, conduct and behaviour of European banks and other financial institutions; |
|
28. |
Asks that the concentration of financial markets and institutions is scrupulously examined by the Commission and by national competition authorities in compliance with the EC Treaty and the case law of the Court of Justice of the European Communities; |
|
29. |
Calls on the Commission to ensure that the relevant legislation is consistently implemented by the Member States; |
|
30. |
Asks the Commission to examine the implications of consolidation in major regional financial centres on the financing of small regions and SMEs; |
Supervision
|
31. |
Welcomes the recently adopted EU measures regarding prudential supervision, in particular the Capital Requirements Directive, advancing the home country control principle and considerably changing the current supervisory framework, which now includes new provisions on the cooperation between national competent authorities, supervisory disclosure requirements, and enhanced powers for the consolidating supervisor as regards the validation of risk measurement models; believes that, in the current legislation, this move should be complemented by a clear definition and a well-balanced allocation of powers and responsibilities between home and host country supervisors, without prejudice to the review clauses contained in the directive; |
|
32. |
Notes that the transformation of the corporate structure of some major EU financial groups willing to adopt the SE model might have significant implications on the supervisors concerned; calls on the Commission to monitor the situation and to examine whether there are any implications of the SE model on prudential stability and crisis management structures; |
|
33. |
Calls on the Commission to take due account in its proposals of the difficulties experienced by certain national regulators in intervening in markets characterised by a very strong presence of foreign capital; |
|
34. |
Notes that in highly integrated financial markets, a crisis spilling over national jurisdictions cannot be tackled individually by national authorities; in this respect, considers that the current networks of national supervisors, the supervisory arrangements, and the non-legally binding memoranda of understanding may not be sufficient to face a major crisis caused by a failure of markets or important cross-border financial groups; considers that cooperation and mutual trust between supervisory authorities in a crisis event is crucial and urges the Commission and responsible national authorities to develop jointly appropriate proposals for effective crisis management for the further consideration of the Parliament; |
|
35. |
Considers that the EU's authority in international negotiations, particularly as regards bank supervision, would be reinforced by the clarification of its internal functioning; |
|
36. |
Notes that the question of the lender of last resort must be resolved in parallel to any further discussions about EU financial supervision; in this respect, stresses that a clear decision on responsibilities is necessary; |
|
37. |
Notes that the current supervisory system leads to multiple reporting requirements for banks and that, therefore, an important task for all supervisory institutions is to converge the standards; |
|
38. |
Believes that it is high time that the EU institutions, and particularly the Parliament, opened a debate on the structure of supervision of EU financial markets; for this reason, calls for the setting up, by the end of 2006, of a committee of ‘wise persons’ to study — and report back six months after the establishment of the committee — the implications of the consolidation of markets and financial institutions, prudential supervision, financial stability, and crisis management; in this regard, asks the committee to propose concrete ideas regarding the simplification of multiple reporting requirements and the improvement of the current structures, and, ultimately, to reflect on the needs and structures of European financial supervisors; |
*
* *
|
39. |
Instructs its President to forward this resolution to the Council and the Commission. |
(1) OJ C 293, 25.11.2005, p. 2.
(4) OJ L 294, 10.11.2001, p. 1.
(5) Not yet published in the OJ.
(6) Not yet published in the OJ.
P6_TA(2006)0295
Recent developments in and prospects for company law
European Parliament resolution on recent developments and prospects in relation to company law (2006/2051(INI))
The European Parliament,
|
— |
having regard to the Communication from the Commission to the Council and the European Parliament of 21 May 2003, entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward’ (COM(2003)0284), |
|
— |
having regard to the Commission's Communication to the spring European Council: Working together for growth and jobs — A new start for the Lisbon Strategy (COM(2005)0024), |
|
— |
having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Common Actions for Growth and Employment: the Community Lisbon programme’ (COM(2005)0330), |
|
— |
having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘Outcome of the screening of legislative proposals pending before the Legislator’ (COM(2005)0462), |
|
— |
having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions entitled ‘Implementing the Community Lisbon programme: a strategy for the simplification of the regulatory environment’ (COM(2005)0535), |
|
— |
having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of Regions entitled ‘Implementing the Community Lisbon programme — Modern SME policy for growth and employment’ (COM(2005)0551), |
|
— |
having regard to its resolution of 21 April 2004 on modernising company law and enhancing corporate governance (1), |
|
— |
having regard to Rule 45 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0229/2006), |
|
A. |
whereas the Action Plan proposed in the abovementioned Commission communication of 21 May 2003 (‘the 2003 Action Plan’) defines important objectives for the modernisation of company law and corporate governance, |
|
B. |
whereas important progress has already been made in the achievement of those objectives, |
|
C. |
whereas, since the 2003 Action Plan has to be seen in the light of the renewed Lisbon Strategy, measures need to be taken in order to provide for company law mechanisms that enhance the efficiency and competitiveness of business across Europe, |
|
D. |
whereas improving the competitiveness of European business requires an integrated approach at EU level, |
|
E. |
whereas it is essential to improve the regulatory environment for companies in order to achieve the Lisbon Agenda objectives, |
|
F. |
whereas a statutorily regulated system of employee participation at the level of undertakings, as found in a large number of Member States, should be seen as forming an integral part of European corporate governance which makes a contribution to achieving the objectives of the Lisbon Strategy, |
|
G. |
whereas better regulation is of particular importance for small and medium-sized enterprises (‘SMEs’), |
|
H. |
whereas simplification of the company law acquis can be an efficient tool to improve the effectiveness of the legislative framework; whereas, however, simplification does not mean deregulation, |
General aspects
|
1. |
Calls on the Commission to ensure that the measures aimed at modernisation in the field of company law and corporate governance are consistent with measures in related sectors, such as financial services, industrial policy, social policy and corporate social responsibility; |
|
2. |
Stresses the importance of taking into account the case-law of the Court of Justice of the European Communities on the principle of freedom of establishment; |
|
3. |
Calls on the Commission to take the European social model into consideration when deciding on further measures for the development of company law; this also involves the participation of employees; |
Better regulation and simplification
|
4. |
Highlights the importance of better regulation in order to provide a more effective legislative framework; emphasises that it is important to improve the quality of legislation through systematic consultations with stakeholders on all future initiatives, strict compliance with the principle of subsidiarity, choosing instruments that place less of a burden on companies and leave them as much flexibility as possible, and comprehensive impact assessment in respect of any new legislative initiative; |
|
5. |
Stresses that EC company law directives in force should not be discussed: they should be simplified only in exceptional and duly justified cases, when they are not dealing with very sensitive matters or are not the result of difficult compromises, in order not to have an adverse effect on the companies concerned; |
|
6. |
Calls on the Commission to explain in detail the plans to present a complete consolidation of the company law directives in one single act; stresses in this context that priority should be given to the objective of achieving clarity and consistency of the company law acquis within the different areas of company law; calls on the Commission to specify, in particular, which directives would be recast, which repealed, which codified and which modified; |
Small and medium-sized enterprises
|
7. |
Welcomes the Commission's initiative to create a better regulatory environment for SMEs; |
|
8. |
Calls on the Commission to examine the SME dimension when assessing the impact of legislative proposals in the field of company law and to ensure that the needs of SMEs are properly and systematically taken into account; |
|
9. |
Stresses that, in particular, the barriers faced by SMEs in terms of the administrative burden must be removed; |
|
10. |
Asks the Commission to have more regard to the needs of SMEs in future legislative proposals or future revisions of existing legislation; recalls that SMEs are creators of jobs and a motor of economic growth; |
Corporate governance
|
11. |
Stresses the importance of developing best practices which respect the different traditions and systems in the Member States; |
|
12. |
Notes that the European Corporate Governance Forum and Corporate Governance Advisory Group have been established, and calls on the Commission to keep Parliament regularly informed about the results of the work of those bodies and the decisions taken on the basis of those results; |
|
13. |
Regrets that the Commission has not developed a clear vision of the governance of European businesses but seems to be taking measures on disparate aspects on an ad hoc basis; reiterates the conclusions of its abovementioned resolution of 21 April 2004 and calls on the Commission to act on them; |
|
14. |
Stresses that corporate governance is not only about the relationship between shareholders and management, but that other stakeholders within the company are also important for a balanced decision-making process and should be able to contribute to decisions on the strategy of companies; points out, in particular, that there should be room for the provision of information to, and consultation of, employees; |
|
15. |
Expresses doubts about the need for a European initiative in the field of the special investigation right of shareholders, since this directly affects the separation of competences between directors, who manage the company, and shareholders, which is a topic typically addressed by national corporate laws; considers, in addition, that any further initiative should be evaluated in the light of the on-going legislative process; points out that the recent proposal for a directive on shareholders' rights already provides for the right to add items to the agenda of the general meeting and to table resolutions; |
|
16. |
Stresses the need for involvement of the financial market regulators and supervisors in the development of clear corporate governance rules and recommendations, and for a close coordination of the policies in the field of financial market regulation on the one hand and company law on the other; |
Company law
|
17. |
Welcomes the abovementioned proposal of the Commission for a directive of the European Parliament and of the Council on the exercise of voting rights by shareholders of companies having their registered office in a Member State and whose shares are admitted to trading on a regulated market and amending Directive 2004/109/EC (2005/0265(COD)); |
|
18. |
Welcomes the agreements reached on the following proposals:
|
|
19. |
Calls on the Commission to propose measures to enhance the cross-border availability of information regarding the disqualification of directors; |
|
20. |
States that there is no need for a European initiative in the field of wrongful trading since there are already relevant regulations in the Member States; although those regulations in the Members States may vary, the national differences constitute no obstacle to the internal market; |
|
21. |
Calls on the Commission to submit a proposal for the differentiation of obligations to disclose share-holding levels; would welcome a differentiation which provided for the following percentage steps: 3 %, 5 %, 10 %, 15 % and 20 %, plus a notification obligation for every percentage point above 20 %; notes that the differentiation of disclosure obligations would necessarily improve transparency concerning shareholding; |
|
22. |
Calls on the Commission to lay down clear rules governing transitional periods, i.e. the ‘decent interval’ after which active members of the management board who wish, on leaving the board, to transfer to the supervisory board (in the dualistic system) or the non-executive board (in the monistic system), may do so; notes that these transitional periods must be at least two years; stresses the importance of such transitional periods in preserving the independence of supervisory boards; |
|
23. |
Calls on the Commission to resolve legislative issues, such as the independence of directors, by legislative means (directives) rather than by recommendations, so that the public and the legislature are involved and the resulting rules reflect actual practice; |
|
24. |
Urges the Commission to be alert to conflicts of interests and the disproportional accumulation of information and influence by some large players in the chain of intermediaries and advisors involved in the exercise of shareholders' voting rights in companies, and stresses the need for transparency and fair opportunities for issuers to defend themselves against the undue concentration and coordinated action of shareholder parties; |
|
25. |
Asks for a clear regulatory regime for the disclosure and comparability of information on the individual remuneration of, and remuneration policy for, directors, including elements such as pension schemes and stock-option plans; |
|
26. |
Calls on the Commission to ensure that companies are given the choice between different governance systems, including the one-tier and two-tier systems, without there being any need to adopt provisions defining the powers and obligations of a company's governing bodies; |
|
27. |
Calls on the Commission to examine the possibilities for revision of the rules in the Statute for a European company on the formation of such companies, with a view to simplifying those rules and adjusting them in line with market requirements; |
|
28. |
Calls on the Commission to present a proposal on the European private company in order to meet the needs of SMEs; |
|
29. |
Strongly deplores the fact that the Commission has already decided to withdraw the two proposals for a regulation on a Statute for a European association (1991/0386(COD)) and for a regulation on a Statute for a European mutual society (1991/0390(COD)) and the two proposals for directives supplementing those Statutes with regard to the involvement of employees (1991/0387(COD) and 1991/0391(COD)); |
|
30. |
Notes, however, that, in its 2003 Action Plan, the Commission announced its intention actively to support the legislative process undertaken in relation to those statutes, in response to the desire expressed by Parliament for significant attention to be given to the development of new legal forms of enterprises; regards those proposals as useful instruments for the development of economic activity throughout Europe by associations and mutual societies; |
|
31. |
Calls on the Commission to submit new proposals for statutes for European mutual societies and European associations; |
|
32. |
Stresses that the transfer of a registered office is today either impossible or hindered by the requirements imposed at national level, that a directive in this area is crucial for freedom of establishment, and that the long-awaited Fourteenth Company Law Directive would fill a lacuna in the system of the internal market for companies; |
|
33. |
Therefore calls on the Commission to present in the near future a proposal concerning the Fourteenth Company Law Directive on the cross-border transfer of the registered office of limited companies; stresses that the transfer of registered offices must not be wrongly used, for example to restrict workers' rights, in particular as regards employee participation in company decisions, or to reduce the protection of creditors; considers, in particular, that safeguarding employees' acquired rights as regards participation in company decisions must be a declared aim of the directive; |
|
34. |
Calls on the Commission to continue its preparation of Community legislation providing for other legal forms of entrepreneurial organisation, such as the European foundation; |
|
35. |
Recommends that the Commission should further examine whether there is a need to address the problems concerning groups and pyramids, especially with regard to the framework for the transparency of group structures and the special problems relating to pyramid structures; |
|
36. |
Calls on the Commission to pay greater attention to the issue of delisting and to submit a legislative proposal for future harmonisation at EU level; notes that, while delisting is possible in the Member States, it involves enormous bureaucratic and legal cost for the businesses concerned; calls, therefore, for ‘going private’ to be made possible in future with the minimum of bureaucratic effort, with particular consideration being given to safeguarding the financial interests of the shareholders; |
|
37. |
Calls on the Commission to involve Parliament more effectively in discussions concerning international and European accounting standards and to reinforce the definition of a European approach based on the best practices and traditions in the Member States, instead of blindly following the traditions of US auditing; stresses again the need for more representatives with a European background in the international standard-setting bodies, in order to legitimate a true international approach; emphasises that regulations on accounting standards have an impact on tax law and business structures; |
|
38. |
Deplores the fact that the International Accounting Standards Board (IASB) lacks democratic control and thus comes to decisions that do not adequately reflect the reality of European companies and fail, for example, to respond to the needs of SMEs; cites by way of example the requirement, laid down in IAS 32, to distinguish in balance sheets between equity and liability, which, in the case of partnerships, has led to significant material problems, such as a distorted portrayal of their creditworthiness; calls on the Commission, therefore, to ensure that greater weight is attached to Parliament's decisions within the IASB; |
|
39. |
Wishes to make it clear that the Commission has no authority to endorse International Financial Reporting Standards for SMEs; |
|
40. |
Calls on the Commission to take further steps to keep the company law acquis constantly under review; |
|
41. |
Calls on the Commission to monitor thoroughly the transposition of the company law acquis in the accession countries during the pre-accession period, and to report on the results of that monitoring; |
|
42. |
Looks forward to the results of the external study commissioned by the Commission on proportionality between ownership and control in EU listed companies, provided that it delivers not only an objective analysis of the empirical and theoretical evidence regarding the effects of the different ownership models in the Member States on economic efficiency, owner-control of companies and the possibilities for cross-border transactions, but also a sound analysis of corporate law as regards the wider economic and legal context in Member States and different models of corporate governance; stresses that due account should be taken of the need for transparency in the structure of control rights; |
|
43. |
Expects that the Commission will, if appropriate make a legislative proposal concerning the principle ‘one share one vote’ only after the outcome of the revision of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (2), as provided for in Article 20 of that directive, and an evaluation of that directive; |
|
44. |
Asks the Commission to propose measures for greater transparency regarding institutional investors; recalls that transparency is needed with regard to investment policy, voting policy and share ownership, and that such transparency must not be confined to the relationship between funds and single investors; recalls that there should also be certain disclosure obligations incumbent on institutional investors towards the companies in which they are engaged, e.g., with regard to their intentions and the proposed duration of their engagement; |
|
45. |
Calls on the Commission to inform Parliament about the results of the consultation on the future priorities for the 2003 Action Plan, launched by the Commission in December 2005, and to explain in detail the decisions taken by it as a result of the outcome of that consultation; |
|
46. |
Calls on the Commission to analyse the problems relating to the implementation of the existing legislation in order to take the results of that analysis into consideration when considering new legislative proposals; |
|
47. |
Calls on the Committee on Legal Affairs and the Committee on Economic and Monetary Affairs to follow the work of the Commission; |
*
* *
|
48. |
Instructs its President to forward this resolution to the Council and the Commission. |
P6_TA(2006)0296
Reducing the climate change impact of aviation
European Parliament resolution on reducing the climate change impact of aviation (2005/2249(INI))
The European Parliament,
|
— |
having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Reducing the Climate Change Impact of Aviation (COM(2005)0459), |
|
— |
having regard to its resolution of 16 November 2005 on Winning the Battle against Climate Change (1), |
|
— |
having regard to Rule 45 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Transport and Tourism (A6-0201/2006), |
|
A. |
whereas the EU is committed to the objective of tackling climate change and has put forward a global goal of limiting global temperature increase to + 2 °C compared to pre-industrialised levels, |
|
B. |
whereas in its abovementioned resolution of 16 November 2005 the European Parliament stated that strong emission reductions — 30 % by 2020 and 60-80 % by 2050 — are to be undertaken by developed countries, |
|
C. |
whereas the contribution of aviation to climate change is substantial and growing rapidly, |
|
D. |
whereas international aviation is subject to no commitment arising from the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol or from any other international commitment in the area of climate change, |
|
E. |
whereas the EU should show leadership in the fight against climate change and, by taking regional and early action, lay down an example of how to tackle aviation's impact on the climate, |
|
1. |
Welcomes the Commission Communication and its recognition that a comprehensive package of measures including regulatory, economic, technological and operational instruments is needed to address all impacts of aviation on the climate, applying the ‘polluter pays’ principle and ensuring full cost internalisation; |
|
2. |
Stresses that the overall objective of the policy instruments chosen must be to reduce, in a cost-effective way, the climate change impact of aviation; these policy instruments must be chosen in such a way as to ensure that the reduction of greenhouse gas emissions is as high as possible while the distortion of competition between Europe based air carriers and carriers from outside the EU is minimised and the unfair competition between the air transport sector and other transport sectors within the EU is reduced; |
|
3. |
Stresses that in this respect every kind of unnecessary bureaucratic burden should be excluded, especially in light of the small air carriers that exist on the market; |
|
4. |
Fully endorses the Commission's intention to pursue the introduction of kerosene taxes, and urges it to begin immediately by requiring a tax on all domestic and intra-EU flights (with the possibility to exempt all carriers on routes on which non-EU carriers operate); calls on the Commission to propose arrangements for their worldwide introduction; |
|
5. |
Stresses the urgency of achieving results in the ongoing re-negotiations of air service agreements — in particular the agreement with the US — to unconditionally allow for the taxing of fuel supplied to EU and non-EU carriers on an equal basis; |
|
6. |
Underlines that the tax exemptions on air transport and other imbalances lead to very unfair competition between aviation and other transport sectors; |
|
7. |
Stresses that this is particularly a burden for the railway sector, because the railway sector is not only covered by taxes but also by the EU Emissions Trading Scheme (ETS), which significantly raises the cost for this environmentally friendly transport system; |
|
8. |
Underlines that this distortion of competition between transport sectors also leads to distortion of competition between tourist regions, to the disadvantage of those regions which are reached mainly by car, bus or railway; |
|
9. |
Underlines that it is necessary to consider a fair solution for the environmental problems caused by aviation; |
|
10. |
Encourages the introduction of charges as a step towards full cost internalisation, with the extent of their role, and their magnitude, reflecting the extent to which any emissions trading system falls short of the requirements outlined below; |
|
11. |
Asks that special attention be paid to the situation of the most isolated territories which are particularly dependent on air transport services, and especially to insular or outermost regions, where alternative solutions are limited, or do not exist; |
|
12. |
Welcomes the speech of the then President-in-Office of the European Council and Austrian Chancellor Wolfgang Schüssel in the European Parliament on the 18th January 2006 in which he addressed the issue, and asks the Presidency-in-Office to work on concrete proposals in this area; |
|
13. |
Stresses that better air traffic management is urgently needed to reduce CO2 emissions, contrails and cirrus clouds and that this would be a cost-efficient measure; |
|
14. |
Calls for further research efforts in order to enhance our understanding of the full effects of aviation on climate change; considers that it is particularly important to clarify the effects of aircraft contrails (water vapour) as well as to what extent flying at lower altitudes would reduce overall emissions and hence climatic impact, and to assess the heating effect of aerosols emitted in the stratosphere; |
|
15. |
Urges the Commission to promote the introduction of bio-fuels for aviation as a contribution to reducing the impact on climate change; |
|
16. |
Stresses that, in the Seventh Framework Programme for research, technological development and demonstration activities (RTD) too, research and development relating to clean engine technologies and alternative fuels must be assigned priority; considers that an integrated approach should be pursued, combining both emissions trading and the development of clean engines and fuels, in order also to reduce emissions of substances other than CO2 in the aviation sector; |
|
17. |
Believes it necessary, moreover, to pursue scientific and technical targets for improving the energy efficiency of aircraft and helicopters; |
|
18. |
Points out that measures under the Seventh RTD Framework Programme to foster technological innovations in the aerospace sector and the improved air traffic management resulting from the Single Sky legislation are of decisive importance where emission reduction is concerned; |
|
19. |
Calls on the Commission to take initiatives without delay for improving air traffic control and air traffic management within the SESAR (Single European Sky ATM Research) project and the Single Sky legislation, with a view to improving the energy efficiency of flights and reducing or avoiding vapour contrails; |
|
20. |
Calls on the Commission to ensure that appropriations under the Seventh RTD Framework Programme are set aside, in the context of collaborative research, with a view to improving the environmental and energy efficiency of aircraft and helicopter engines; |
On inclusion of aviation into the EU ETS
|
21. |
Recognises that emissions trading has the potential to play a role as part of a comprehensive package of measures to address the climate impact of aviation, provided it is appropriately designed; |
|
22. |
Stresses that the environmental effectiveness of any emissions trading scheme will depend on it having sufficiently broad geographical scope; a rigorous cap; full auctioning of initial allocation; the technological level and early actions taken into account in the allocation; and addressing full climate impact; |
|
23. |
Asks the Commission to present immediately an impact assessment on the specific parameters of its design proposals, e.g. level of cap for aviation, compliance, choice of participating entity (aircraft operators, airlines or airports), and to present proposals to ensure that the EU ETS will be applicable to airlines from outside the European Union; |
|
24. |
Proposes the introduction of a separate dedicated scheme for aviation emissions, recognising that, due to the lack of binding commitments for international aviation emissions under the UNFCCC and the Kyoto Protocol, the aviation sector would be unable to actually sell into the ETS; |
|
25. |
Notes that accounting would be substantially simplified by a separate, closed system; considers that, if there were to be a gateway to allow airlines to buy from the EU ETS, this should be on a carefully limited basis; |
|
26. |
Stresses that, if aviation is to be eventually incorporated into the wider ETS, there should at least be a pilot phase of a separate scheme covering the period 2008-2012; |
|
27. |
Notes that potential entry of outside credits to a separate scheme (e.g. Clean Development Mechanism and Joint Implementation (CDM/JI), or credits from regional cap-and-trade schemes in countries which are not parties to the Kyoto Protocol) must be minimised by capping them at a level which guarantees that the sector contributes to achieving the overall objective of halting climate change, as well as minimising bureaucracy and increasing transparency; |
|
28. |
Proposes that, should aviation be eventually incorporated into a wider ETS, special conditions be applied to ensure it does not distort the market to the detriment of less protected sectors: a cap on the number of emission rights it is permitted to buy from the market, and a requirement to make a proportion of the necessary emissions reductions without trading, before being allowed to buy permits; |
|
29. |
Calls on the Commission to put forward other policy instruments to address the non-CO2 impacts of aviation in parallel to the ETS; where uncertainties exist over any of these impacts, policy should be based on the precautionary principle; in addition to climate impacts, special attention should be paid to air and noise pollution during the ascent and descent of aircraft; calls on the Commission to encourage research programmes to improve scientific knowledge on the non-CO2 impacts of aviation and to support ICAO action in developing standards on NOx; |
|
30. |
Does not rule out accompanying local measures having to be taken in the future; |
On the scope of the aviation scheme
|
31. |
Believes that a scheme for aviation should as a first step cover all flights to and from any EU airport (if possible also intercontinental flights transiting through EU air space), irrespective of the country of origin of the airline concerned, so as to ensure a level playing field to operators with different route profiles, to avoid distortion of the market in favour of flights to destinations outside the EU, to ensure environmental effectiveness, to prevent cross-subsidisation and to influence aircraft design; stresses that a worldwide emission trading scheme needs to be introduced as soon as possible; |
|
32. |
Acknowledges that the Commission, after careful assessment, is of the opinion that such a broad scope is compatible with international agreements, e.g. WTO rules; asks the Commission and the Council to defend this position against possible attacks of third countries in international organisations; |
On initial allocation
|
33. |
Stresses that the total initial allocation should be defined in line with the Kyoto commitment target and must therefore not allow for growth in emissions above the base year; |
|
34. |
Believes that the initial allocation amount must be set at EU level, as setting it at Member State level would risk overly generous initial allocations which would distort the market and undermine the environmental effectiveness of the scheme; |
|
35. |
Stresses that the allocation method should not directly or indirectly punish those companies having already introduced efficient airplanes, so that early action has to be recognised under any circumstances and the main pressure to change put on carriers whose fuel efficiency is poor; |
On the allocation method
|
36. |
Believes that auctioning is the best option for distribution of allowances, since it reflects the dynamic nature of the sector, with no prejudice against new entrants or against those regions which have yet to develop in this sector; |
|
37. |
Notes that auctioning also meets the requirements of the ‘polluter pays’ principle, with further environmental benefits if the revenues are appropriately hypothecated; and that it automatically rewards good performance by operators in the past and future; |
|
38. |
Stresses that an eventual partial free allocation of permits, whether through grandfathering or benchmarking, should not discriminate against operators who enter the scheme after the initial allocation period; therefore, special provision would have to be made to accommodate new entrants; |
|
39. |
Notes the likelihood that free allocation of permits, whether through grandfathering or benchmarking, would lead to windfall profits to the sector at the consumer's expense, due to marginal cost pricing based on market price of allowances despite free allocation; emphasises that this is not the objective of the policy; |
|
40. |
Considers that free allocation of grandfathered emissions is the worst option as it punishes early action by airlines, and that free allocation by benchmarking, whilst incentivising more appropriately in theory, risks being overly complicated and bureaucratic, with all calculation methods having difficulties in determining true best performance; |
*
* *
|
41. |
Instructs its President to forward this resolution to the Council and Commission, and the governments and parliaments of the Member States. |
(1) Texts Adopted, P6_TA(2005)0433.