# C_2016468EN.01033401.xml

| 15.12.2016 | EN | Official Journal of the European Union | C 468/334 |
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15.12.2016

EN

Official Journal of the European Union

C 468/334

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P7_TA(2013)0583

Amending Council Directive 2010/18/EU by reason of the change of status of Mayotte *

European Parliament legislative resolution of 12 December 2013 on the draft Council directive amending Council Directive 2010/18/EU because of the change of status of Mayotte (14220/2013 — C7-0355/2013– 2013/0189(NLE))

(Special legislative procedure — consultation)

(2016/C 468/78)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to the Council (COM(2013)0413) and the Council draft (14220/2013), |
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—

having regard to the Commission proposal to the Council (COM(2013)0413) and the Council draft (14220/2013),

| — | having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0355/2013), |
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—

having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0355/2013),

| — | having regard to Article 155(2) of the Treaty on the Functioning of the European Union, that is the legal basis chosen by the Commission for its proposal, |
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—

having regard to Article 155(2) of the Treaty on the Functioning of the European Union, that is the legal basis chosen by the Commission for its proposal,

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
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—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Rules 55 and 37 of its Rules of Procedure, |
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—

having regard to Rules 55 and 37 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A7-0414/2013), |
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—

having regard to the report of the Committee on Employment and Social Affairs (A7-0414/2013),

| 1. | Approves the Council draft as amended; |
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1.

Approves the Council draft as amended;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
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2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend its draft; |
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3.

Asks the Council to consult Parliament again if it intends to substantially amend its draft;

| 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.

Amendment 1

Amendment 1

Draft directive

Draft directive

Title

Title

| Council draft | Amendment |
| --- | --- |
| Proposal for a COUNCIL
  DIRECTIVE
  amending Council Directive 2010/18/EU because of the change of status of Mayotte | Proposal for a COUNCIL
  DECISION
  amending Council Directive 2010/18/EU because of the change of status of Mayotte |

Council draft

Council draft

Amendment

Amendment

Proposal for a COUNCIL
  DIRECTIVE
  amending Council Directive 2010/18/EU because of the change of status of Mayotte

DIRECTIVE

Proposal for a COUNCIL
  DECISION
  amending Council Directive 2010/18/EU because of the change of status of Mayotte

DECISION

Amendment 2

Amendment 2

Draft directive

Draft directive

Citation 1

Citation 1

| Council draft | Amendment |
| --- | --- |
| Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof, | Having regard to the Treaty on the Functioning of the European Union, and in particular Article
  155(2) and Article
  349 thereof, |

Council draft

Council draft

Amendment

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article
  155(2) and Article
  349 thereof,

155(2) and Article

Amendment 4

Amendment 4

Draft directive

Draft directive

Recital 1

Recital 1

| Council draft | Amendment |
| --- | --- |
| (1) | By Decision 2012/419/EU (1), the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region,
  on the special conditions of application of Union law
  should, however, be established. |

Council draft

Council draft

Amendment

Amendment

(1)

By Decision 2012/419/EU (1), the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region,
  on the special conditions of application of Union law
  should, however, be established.

1

on the special conditions of application of Union law

| (1) | By Decision 2012/419/EU (2), the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, should however, be established. |
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(1)

By Decision 2012/419/EU (2), the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, should however, be established.

2

Amendment 5

Amendment 5

Draft directive

Draft directive

Solemn form

Solemn form

| Council draft | Amendment |
| --- | --- |
| HAS ADOPTED THIS
  DIRECTIVE | HAS ADOPTED THIS
  DECISION |

Council draft

Council draft

Amendment

Amendment

HAS ADOPTED THIS
  DIRECTIVE

DIRECTIVE

HAS ADOPTED THIS
  DECISION

DECISION

Amendment 6

Amendment 6

Draft directive

Draft directive

Article 1

Article 1

Directive 2010/18/EU

Article 3 — paragraph 2 — subparagraph 2

| Council draft | Amendment |
| --- | --- |
| In Article 3(2) of Directive 20101/18/EU, the following subparagraph is added: | In Article 3(2) of Directive 2010/18/EU, the following subparagraph is added: |
| ‘By way of derogation from the first subparagraph, for Mayotte as an outermost region in the meaning of Article 349 TFEU, the additional period referred to therein shall be extended until 31 December 2018.’ | ‘For the French outermost region of Mayotte, the additional period referred to in the first subparagraph shall be extended to 31 December 2018.’ |

Council draft

Council draft

Amendment

Amendment

In Article 3(2) of Directive 20101/18/EU, the following subparagraph is added:

1

In Article 3(2) of Directive 2010/18/EU, the following subparagraph is added:

‘By way of derogation from the first subparagraph, for Mayotte as an outermost region in the meaning of Article 349 TFEU, the additional period referred to therein shall be extended until 31 December 2018.’

‘For the French outermost region of Mayotte, the additional period referred to in the first subparagraph shall be extended to 31 December 2018.’

Amendment 7

Amendment 7

Draft directive

Draft directive

Article 2

Article 2

| Council draft | Amendment |
| --- | --- |
| This
  Directive
  is addressed to the French Republic. | This
  Decision
  is addressed to the French Republic. |

Council draft

Council draft

Amendment

Amendment

This
  Directive
  is addressed to the French Republic.

Directive

This
  Decision
  is addressed to the French Republic.

Decision

Amendment 8

Amendment 8

Draft directive

Draft directive

Article 3

Article 3

| Council draft | Amendment |
| --- | --- |
| This
  Directive
  shall enter into force on 1 January 2014. | This
  Decision
  shall enter into force on 1 January 2014. |

Council draft

Council draft

Amendment

Amendment

This
  Directive
  shall enter into force on 1 January 2014.

Directive

This
  Decision
  shall enter into force on 1 January 2014.

Decision

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(1)  OJ L 204, 31.7.2012, p. 131.

1

(2)  OJ L 204, 31.7.2012, p. 131.

2

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