5.8.2010   

EN

Official Journal of the European Union

CE 212/37

1.

Welcomes the binding character that the Treaty of Lisbon gives to the Charter of Fundamental Rights and welcomes the recognition of the rights, freedoms and principles set out for all EU citizens and residents; underlines that Parliament will be committed to ensuring full respect of the Charter;

2.

Welcomes the strengthening of representative and participatory democracy arising from the introduction of, inter alia, the so-called ‘citizens' initiative’ (Article 11 of the EU Treaty as amended by the Treaty of Lisbon (TEU)), whereby not less than one million citizens from a significant number of Member States may ask the Commission to submit a proposal for a legal act;

3.

Welcomes the fact that environmental protection has been given a prominent position in all EU policies and that an explicit reference is made in Article 191 of the Treaty on the Functioning of the European Union (TFEU) to combating climate change at the international level; stresses that Parliament should continue to push the European Union to take a leading role in all policies relating to fighting climate change and global warming;

4.

Welcomes the fact that the new TFEU links the building of an area of freedom, security and justice to the protection of fundamental rights and the legal order of the European Union and of its Member States (Article 67 of the TFEU);

5.

Takes particular note of the objective of establishing a ‘highly competitive social market economy, aiming at full employment and social progress and a high level of protection and improvement of the quality of the environment’ (Article 3(3) of the TEU), thereby linking the aim of completing the internal market with other objectives;

6.

Notes with satisfaction that equality between women and men has been included among the Union's values (Article 2 of the TEU) and aims (Article 3(3) of the TEU);

7.

Welcomes the fact that, according to Article 208(1) of the TFEU, the ‘Union's development cooperation policy and that of the Member States complement and reinforce each other’, whereas, according to the current Article 177(1) of the Treaty establishing the European Community, ‘Community policy in the sphere of development cooperation […] shall be complementary to the policies pursued by the Member States’; stresses the increased responsibility of Parliament, given that the Union will have a greater role to play in terms of initiative in policy-setting, which should lead to improved donor coordination and division of labour and to greater aid effectiveness for the ‘reduction and, in the long term, the eradication of poverty’ in the context of the Millennium Development Goals;

8.

Believes that the inclusion of territorial cohesion as an objective of the Union (Article 3 of the TEU) complements the objectives of economic and social cohesion and that the introduction of legal bases in those respective areas will increase the competence of Parliament to assess the territorial impact of key Union policies; is pleased to note that the special status of the outermost regions is confirmed by Articles 349 and 355 of the TFEU;

9.

Welcomes the introduction of horizontal provisions on a high level of employment, social protection, the fight against social exclusion, a high level of education, training and protection of human health, combating discrimination, and environmental protection, which will act as general principles underlying the European Union's policy-making (Articles 9, 10 and 11 of the TFEU);

10.

Also welcomes the fact that consumer protection has been strengthened to the extent that it is to be mainstreamed into the other Union policies to be laid down and implemented, and, as a cross-cutting task, now occupies a much more prominent place by virtue of Article 12 of the TFEU;

11.

Welcomes the solidarity provision expressly contained in Article 122 of the TFEU, whereby the Council may decide on appropriate measures if severe difficulties arise in the supply of certain products, notably in the area of energy;

12.

Welcomes the fact that Article 214 of the TFEU recognises humanitarian aid as a fully-fledged Union policy; takes the view that Part Five, Title III, Chapter 1 (Development cooperation) and Chapter 3 (Humanitarian aid) of the TFEU provide a clear legal basis for development and humanitarian assistance to which the ordinary legislative procedure applies;

13.

Welcomes, moreover, the reinforcement of the European Union's power, in the area of civil protection, to provide ad hoc assistance and disaster relief in third countries (Article 214 of the TFEU);

14.

Underlines that the broadening of the Union's external action under the Lisbon Treaty, including the provision of new legal bases and instruments affecting areas related to foreign policy (external action and the Common Foreign and Security Policy (CFSP)/European Security and Defence Policy), necessitates a new interinstitutional balance guaranteeing adequate democratic scrutiny by Parliament;

15.

Welcomes the fact that energy matters will now be covered by a separate Title XXI in Part Three of the TFEU and that action in that field will thus have a legal basis (Article 194 of the TFEU); notes, however, that, while the ordinary legislative procedure will be followed as a general rule, decisions on the energy mix will remain within the competence of the Member States, while fiscal measures in that field will continue to require only consultation of Parliament;

16.

Notes positively the shared values of the Union as regards services of general economic interest and welcomes the legal basis allowing for the definition of principles and conditions governing the provision of services of general economic interest under the ordinary legislative procedure (Article 14 of the TFEU and Protocol No 26 on services of general interest);

17.

Considers that the changes introduced by the Treaty of Lisbon in the area of the common commercial policy (CCP) (Articles 206 and 207 of the TFEU) contribute overall to the enhancement of its democratic legitimacy and its efficiency, in particular by introducing the ordinary legislative procedure and the requirement that consent be obtained for all agreements; notes that all matters falling under the CCP will come within the exclusive competence of the Union, with the effect that there will no longer be any mixed trade agreements concluded by both the Union and the Member States;

18.

Expresses its satisfaction at the insertion of a provision on a European space policy (Article 189 of the TFEU) and welcomes the opportunity given to Parliament and to the Council to adopt, under the ordinary legislative procedure, the necessary measures establishing a European space programme; considers, however, that the words ‘excluding any harmonisation of the laws and regulations of the Member States in this field’ which appear in that article may pose certain obstacles to the implementation of a common European space policy;

19.

Points out that the Treaty of Lisbon includes a new legal basis providing for codecision in respect of intellectual property rights (Article 118 of the TFEU);

20.

Welcomes the extension of the scope of EU action in the field of youth policy, encouraging the participation of young people in democratic life in Europe (Article 165 of the TFEU);

21.

Welcomes the new legal basis laid down in Article 298 of the TFEU, which provides that ‘in carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration’, since this provides the basis for a regulation governing the Union's administrative procedure;

22.

Welcomes the strengthening of the legal basis for the adoption of European Union measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union (Article 325 of the TFEU); highlights the fact that the Treaty of Lisbon removes the qualification, contained in the current Article 280 of the EC Treaty, that such measures ‘shall not concern the application of national criminal law or the national administration of justice’;

23.

Points out that the new Treaty provisions concerning judicial cooperation in civil and criminal matters include a legal basis for the adoption of measures to support the training of the judiciary and judicial staff (Articles 81 and 82 of the TFEU);

24.

Emphasises that the Treaty of Lisbon also provides for the possible establishment of a European Public Prosecutor's Office in order to combat crimes affecting the financial interests of the Union (Article 86 of the TFEU);

25.

Welcomes the fact that the Treaty of Lisbon introduces binding provisions for the protection of the rights of the child in the internal and external objectives of the European Union (Article 3(3), second subparagraph, and Article 3(5) of the TEU);

26.

Welcomes the inclusion of tourism as a new title in the Lisbon Treaty (Article 195 of the TFEU), which provides that the Union is to complement the action of the Member States; further welcomes the provision that the ordinary legislative procedure will govern the adoption of legislative proposals falling under that title;

27.

Welcomes the fact that the Treaty of Lisbon has included sport amongst the areas in respect of which a legal basis is laid down (Article 165 of the TFEU); stresses in particular that the Union can at last take action for the development of sport and its European dimension and can take due account of the specific nature of sport when applying other European policies;

28.

Welcomes the fact that the Treaty of Lisbon will strengthen the democratic legitimacy of the European Union considerably by extending Parliament's codecision powers;

29.

Welcomes the fact that the area of freedom, security and justice is fully integrated into the TFEU (Articles 67 to 89), formally putting an end to the third pillar; welcomes the fact that most decisions in the area of civil justice, asylum, immigration and visa policies, as well as justice and police cooperation in criminal matters, will be covered by the ordinary legislative procedure;

30.

Believes that the introduction of the ordinary legislative procedure in the field of the common agricultural policy (CAP) improves the democratic accountability of the European Union, inasmuch as Parliament will be co-legislating on an equal footing with the Council; emphasises that codecision will apply to all legislation in the field of agriculture under Article 43(2) of the TFEU, and that this will notably be the case in respect of the four main horizontal texts in the field of agriculture (the single common market organisation, the direct payments regulation, the rural development regulation and financing of the CAP); points out, moreover, that legislation on quality, organic farming and promotion will also fall within the scope of Article 43(2) of the TFEU;

31.

Stresses that any power of the Council to adopt measures pursuant to Article 43(3) of the TFEU is subject to the prior adoption, in accordance with the ordinary legislative procedure, of a legislative act pursuant to Article 43(2) of the TFEU, which prescribes the conditions and limitations attaching to the powers conferred on the Council; takes the view that Article 43(3) of the TFEU does not provide for a legal basis or for any autonomous power which would allow the adoption or amendment of any of the Council acts presently in force in the field of the CAP; calls on the Council to refrain from adopting any of the measures referred to in Article 43(3) of the TFEU without prior consultation of Parliament;

32.

Notes that the Treaty of Lisbon introduces far-reaching changes in the decision-making system for the common fisheries policy (CFP) and will also increase its democratic accountability; welcomes the fact that Parliament and the Council will establish, under the ordinary legislative procedure, the necessary rules for achieving the objectives of the CFP (Article 43(2) of the TFEU); considers, in this respect, that any subject formally included in the annual regulation other than the setting of catch possibilities and the distribution of quotas, such as technical measures or fishing effort, or the incorporation of agreements adopted within the regional fisheries organisations, which have their own legal basis, should be subject to the ordinary legislative procedure;

33.

Welcomes the introduction of the ordinary legislative procedure for the adoption of detailed rules on the multilateral surveillance procedure (Article 121(6) of the TFEU), which should strengthen economic coordination;

34.

Believes that the responsibility of the European Central Bank (ECB) to report on monetary policy is now greater, since the ECB is recognised as an institution of the European Union; welcomes the fact that several provisions of the Statute of the European System of Central Banks (ESCB) and of the ECB can be modified after consulting Parliament in accordance with Article 40.2 of that Statute; affirms that this does not constitute an encroachment on the independence of the ECB in the field of monetary policy or the priorities set out in the Treaty;

35.

Considers Article 182 of the TFEU to be an improvement because the multiannual framework programme and the implementation of a European research area, referred to therein, will be covered by the ordinary legislative procedure; notes, however, that the specific programmes mentioned in that article will be adopted via a special legislative procedure, implying mere consultation of Parliament (Article 182(4) of the TFEU);

36.

Welcomes the fact that, as regards the implementation of the Structural Funds, the Lisbon Treaty places Parliament on an equal footing with the Council by replacing the current assent procedure by the ordinary legislative procedure; considers that this is especially significant as regards the Structural Funds in the period after 2013, in that it enhances transparency and increases accountability in respect of those funds vis-à-vis citizens;

37.

Notes that legislation prohibiting discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation will become subject to a special legislative procedure and will require Parliament's consent (Article 19 of the TFEU);

38.

Welcomes the fact that the ordinary legislative procedure will cover measures to combat trafficking in human beings, in particular women and children, and sexual exploitation (Articles 79(2) and 83(1) of the TFEU);

39.

Welcomes the extension of qualified majority decision-making to the field of education, including sport (Article 165(4) of the TFEU);

40.

Welcomes the fact that codecision will henceforth apply to the Staff Regulations of Officials of the European Union (Article 336 of the TFEU), inasmuch as this will allow Parliament to take part on an equal footing with the Council in the adjustment of those regulations;

41.

Notes that the Treaty of Lisbon makes sweeping changes in the area of the Union's finances, particularly as regards interinstitutional relations and decision-making procedures;

42.

Points out that the Council and Parliament must agree, within the limits of own resources, on the programming of expenditure which becomes legally binding (Article 312 of the TFEU); welcomes the fact that the budget as a whole must be adopted jointly by Parliament and the Council, in compliance with the multiannual financial framework; welcomes the abolition of the distinction between compulsory and non-compulsory expenditure (Article 314 of the TFEU); welcomes the fact that the adoption of the financial regulation will be subject to the ordinary legislative procedure (Article 322 of the TFEU);

43.

Refers to its resolution of 7 May 2009 on the financial aspects of the Treaty of Lisbon (4);

44.

Welcomes the fact that the simplified revision procedure with regard to the introduction of qualified majority voting and the introduction of the ordinary legislative procedure in a given area under Title V of the TEU or under the TFEU requires the consent of Parliament;

45.

Notes the introduction of an ‘exit clause’ for the Member States (Article 50 of the TEU); underlines that the agreement laying down the arrangements for the withdrawal of a Member State from the Union may not be concluded until after Parliament has given its consent;

46.

Welcomes the fact that Parliament's consent will be required for a wide range of international agreements signed by the Union; underlines its intention to request the Council, where appropriate, not to open negotiations on international agreements until Parliament has stated its position, and to allow Parliament, on the basis of a report from the committee responsible, to adopt at any stage in the negotiations recommendations which are to be taken into account before the conclusion of negotiations;

47.

Urges that any future ‘mixed’ agreement combining non-CFSP and CFSP elements must normally be dealt with under a single legal basis, which should be the one directly related to the main subject-matter of the agreement; notes that Parliament will have the right to be consulted, except where the agreement relates exclusively to the CFSP;

48.

Welcomes the fact that the President of the Commission will be elected by Parliament, on a proposal of the European Council, taking into account the elections to the European Parliament; refers to its resolution of 7 May 2009 on the impact of the Treaty of Lisbon on the development of the institutional balance of the European Union (5);

49.

Welcomes the fact that the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, together with the other members of the Commission, as a body, will be subject to a vote of consent by Parliament, as well as to a vote of censure, and will therefore be accountable to Parliament;

50.

Welcomes the new procedure for the appointment of Judges and Advocates-General of the Court of Justice and the General Court as provided for in Article 255 of the TFEU, under which the national governments' decision is to be preceded by an opinion on candidates' suitability to perform their duties given by a panel of seven experts, one of whom is to be proposed by Parliament;

51.

Underlines the need for transparency and democratic scrutiny concerning the setting-up of the European External Action Service (EEAS) in accordance with Article 27(3) of the TEU, and recalls its right to be consulted on its establishment; is of the opinion that, administratively, the EEAS should be attached to the Commission;

52.

Expects clarifications with regard to the criteria for, and the appointment and evaluation of, EU Special Representatives, including the definition and purpose of their tasks, the length of their mandate, and coordination and complementarity with the Union's future delegations;

53.

Underlines the need for transparency and democratic scrutiny concerning the European Defence Agency (EDA) and the activities undertaken it, namely by ensuring a regular exchange of information between the Chief Executive of the EDA and Parliament's committee responsible;

54.

Welcomes the new consultation role it will have under Article 40.2 of the Statute of the ESCB and of the ECB with regard to changing the composition of the ECB Governing Council;

55.

Welcomes the fact that agencies, notably Europol and Eurojust, will be subject to greater parliamentary scrutiny (Articles 85 and 88 of the TFEU); believes, therefore, that the retention of the consultation procedure for the setting-up of joint undertakings in the area of research and technological development (Articles 187 and 188 of the TFEU) may not conform to the spirit of the legal acts of the Union establishing agencies;

56.

Calls on the President of the European Council to keep Parliament fully informed about the preparations for European Council meetings and to give a report on the results of meetings, where possible within two working days (if necessary to a special sitting of Parliament);

57.

Calls on the President of the rotating Council Presidency to inform Parliament about the Presidency programmes and about the results achieved;

58.

Urges the future Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy to agree, with Parliament, upon adequate methods of keeping Parliament fully informed of, and consulted on, the Union's external action, duly involving all committees of Parliament which are responsible for areas falling under the remit of the High Representative;

59.

Stresses that, as regards the negotiation and conclusion of international agreements, the Commission will be under a legal obligation to inform Parliament of the progress of negotiations in the same way as the special committee designated by the Council as referred to in Article 218 of the TFEU; calls for this information to be provided to the same extent, and at the same time, as it is supplied to the relevant Council committee under that article;

60.

Welcomes Parliament's new role in initiating amendments to the Treaties; will make use of this right and put forward new ideas for the future of Europe, when new challenges make this necessary;

61.

Welcomes the fact that Parliament will have the right of initiative as regards proposals concerning its own composition, respecting the principles laid down in the Treaties (Article 14 of the TEU);

62.

Notes that the Treaty of Lisbon introduces a special legislative procedure for the adoption of provisions laying down the modalities and powers of temporary committees of inquiry (Article 226 of the TFEU);

63.

Welcomes the new rights conferred on national parliaments with regard to prior scrutiny of application of the principle of subsidiarity in all legislation of the Union; takes the view that strengthening the scrutiny of European policies by national parliaments will also raise public awareness of the Union's activities;

64.

Stresses that the national parliaments' new prerogatives have to be fully respected as from the entry into force of the Treaty of Lisbon;

65.

Welcomes the requirement for local and regional authorities to respect the principle of subsidiarity; notes the right of the Committee of the Regions to bring actions before the Court of Justice when it considers that the principle of subsidiarity has been infringed (second paragraph of Article 8 of Protocol No 2);

66.

Appreciates the improvements flowing from the new provisions on legal acts and the hierarchy of norms, in particular the creation of the delegated act (Article 290 of the TFEU), which makes it possible to delegate to the Commission the power to adopt non-legislative acts of general application or to amend non-essential elements of a legislative act; points out that the objectives, content, scope and duration of any such delegation must be clearly defined by Parliament and by the Council in the legislative act;

67.

Welcomes in particular the provisions of Article 290(2) of the TFEU, which envisages Parliament (and the Council) having the right both to revoke the delegation of powers and to object to individual delegated acts;

68.

Notes that the Treaty of Lisbon and, through it, the TFEU, do not provide a legal basis for a framework measure for delegated acts, but proposes that the institutions could agree on a standard formula for such delegations that would be regularly inserted by the Commission in the draft legislative act itself; stresses that this would preserve the freedom of the legislator;

69.

Asks the Commission to clarify how it intends to interpret Declaration 39 annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, concerning the consultation of experts in the area of financial services, and how it intends to apply that interpretation, beyond the provisions on delegated acts contained in the TFEU;

70.

Notes that the Treaty of Lisbon repeals the current Article 202 of the EC Treaty concerning implementing powers and introduces in Article 291 of the TFEU a new procedure – ‘implementing acts’ – that provides for the possibility of conferring implementing powers on the Commission in cases where ‘uniform conditions for implementing legally binding Union acts’ are needed;

71.

Notes that Article 291(3) of the TFEU requires Parliament and the Council to adopt, in advance, general rules and principles concerning mechanisms for ‘control by Member States’ of the exercise of implementing powers by the Commission;

72.

Notes that the Treaty of Lisbon no longer provides a basis for the present comitology procedures and that pending legislative proposals which are not adopted before its entry into force must be modified in order to satisfy the requirements of Articles 290 and 291 of the TFEU;

73.

Is of the opinion that an interim solution could be negotiated with the Council for the initial period, so that no obstacle would occur as a result of a possible legal lacuna and the new regulation could be adopted by the legislator after due consideration of the Commission proposals;

74.

Asks the Commission to transmit to the co-legislators all pending proposals in respect of which new legal bases and changes in the legislative procedures apply;

75.

Points out that Parliament will decide what position it takes regarding opinions that have already been adopted in consultation procedures on matters which henceforth are to be dealt with under the ordinary legislative procedure, whether this involves confirmation of its previous position or the adoption of a new one; stresses that any confirmation of opinions as Parliament's position at first reading can be voted on by Parliament only after the Lisbon Treaty has entered into force;

76.

Insists on the conclusion of an interinstitutional agreement precluding the adoption of pending ‘third pillar’ legislative proposals having a fundamental rights dimension until the entry into force of the Treaty of Lisbon, so that full judicial scrutiny will be possible in respect of such matters, while measures having no impact, or only a limited impact, on fundamental rights can still be adopted prior to its entry into force;

77.

Calls on the other institutions to enter into negotiations for an interinstitutional agreement covering:

78.

Requests an update of the interinstitutional agreement between Parliament and the Council defining their working relations concerning foreign policy, including the sharing of confidential information on the basis of Articles 14 and 36 of the TEU and Article 295 of the TFEU;

79.

Calls on the Council and the Commission to consider the negotiation with Parliament of a new interinstitutional agreement providing Parliament with a substantive definition of its involvement in every stage leading to the conclusion of an international agreement;

80.

Calls, as a consequence of the new provisions on the multiannual financial framework (Article 312 of the TFEU) and on the financial regulation (Article 322 of the TFEU), for the Interinstitutional Agreement on budgetary discipline and sound financial management to be reviewed;

81.

Considers that all necessary steps should be taken to create a European information and communication policy, and regards the joint political declaration given by the three institutions on communication as a useful first step towards the attainment of that objective;

82.

Calls on the Commission to rapidly present an initiative for implementation of the ‘citizens' initiative’, laying down clear, simple and user-friendly conditions for the exercise of this citizens' right; refers to its resolution of 7 May 2009 requesting the Commission to submit a proposal for a regulation of the European Parliament and of the Council on the implementation of the citizens' initiative (6);

83.

Calls on the Commission to adopt regulations implementing Article 298 of the TFEU on good administration, which will answer a long-standing call by Parliament and by the European Ombudsman for a common system of administrative law governing the European administration;

84.

Notes that the Treaty of Lisbon allows for the inclusion of the European Development Fund in the budget of the Union, which will enhance the democratic legitimacy of an important part of the EU's development policy; calls on the Council and the Commission to take the necessary steps for the budget of the European Union at the 2008/2009 mid-term review;

85.

Recommends urgent re-examination and reinforcement of the Union's status in international organisations once the Treaty of Lisbon is in force and the Union has succeeded the European Communities;

86.

Calls on the Council and the Commission to agree with Parliament on a strategy aimed at ensuring coherence between legislation adopted and the Charter of Fundamental Rights as well as the rules contained in the Treaties on policies such as preventing discrimination, protecting asylum seekers, improving transparency, data protection, the rights of minorities and the rights of victims and suspects;

87.

Asks the Council and the Commission to contribute to the improvement of relations between European and national authorities, especially in the legislative and judicial fields;

88.

Calls on the Council and the Commission to provide for the establishment of an effective common energy policy with the objective of efficiently coordinating the energy markets of the EU Member States and the development of those markets, whilst integrating external aspects focusing on the sources and routes of energy supply;

89.

Calls on the Council to consider, together with Parliament, what use should be made of the provisions of Article 127(6) of the TFEU, which allow the Council to confer specific tasks upon the European Central Bank ‘relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings’;

90.

Pledges to adapt its internal organisation with a view to optimising and rationalising the exercise of the new powers conferred on it by the Treaty;

91.

Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States.