# C_2017378EN.01065301.xml

| 9.11.2017 | EN | Official Journal of the European Union | C 378/653 |
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9.11.2017

EN

Official Journal of the European Union

C 378/653

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P7_TA(2014)0241

Asylum, Migration and Integration Fund and Internal Security Fund (general provisions) ***I

European Parliament legislative resolution of 13 March 2014 on the proposal for a regulation of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0752 — C7-0444/2011 — 2011/0367(COD))

(Ordinary legislative procedure: first reading)

(2017/C 378/71)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0752), |
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having regard to the Commission proposal to Parliament and the Council (COM(2011)0752),

| — | having regard to Article 294(2) and Articles 78(2), 79(2) and (4), 82(1), 84 and 87(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0444/2011), |
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having regard to Article 294(2) and Articles 78(2), 79(2) and (4), 82(1), 84 and 87(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0444/2011),

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

| — | having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (1), |
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having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (1),

1

| — | having regard to the opinion of the Committee of the Regions of 18 July 2012 (2), |
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having regard to the opinion of the Committee of the Regions of 18 July 2012 (2),

2

| — | having regard to the undertaking given by the Council representative by letter of 20 December 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the undertaking given by the Council representative by letter of 20 December 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
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having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A7-0021/2014), |
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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A7-0021/2014),

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

Adopts its position at first reading hereinafter set out;

| 2. | Takes note of the Commission statements annexed to this resolution; |
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2.

Takes note of the Commission statements annexed to this resolution;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
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3.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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4.

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

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(1)  OJ C 299, 4.10.2012, p. 108.

1

(2)  OJ C 277, 13.9.2012, p. 23.

2

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P7_TC1-COD(2011)0367

Position of the European Parliament adopted at first reading on 13 March 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 514/2014.)

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ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the Commission on the adoption of national programmes

The Commission will use its best efforts to inform the European Parliament in advance of the adoption of the national programmes.

Statement by the Commission on Article 5(4), subparagraph 2, point b of Regulation (EU) No 182/2011

The Commission underlines that it is contrary to the letter and to the spirit of Regulation (EU) No 182/2011 (OJ L 55, 28.2.2011, p. 13) to invoke Article 5(4), subparagraph 2, point b) in a systematic manner. Recourse to this provision must respond to a specific need to depart from the rule of principle which is that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is an exception to the general rule established by Article 5(4) recourse to subparagraph 2, point b), cannot be simply seen as a ‘discretionary power’ of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.

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