# Official Journal C 230E/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.CE2010.230.eng |
| --- | --- |
| Official Journal
  of the European Union | C 230E |
| | |
| English edition | Information and Notices | Volume 5326 August 2010 |

ISSN 1725-2423

doi:10.3000/17252423.CE2010.230.eng

Official Journal

of the European Union

C 230E

English edition

Information and Notices

Volume 5326 August 2010

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2009-2010 SESSIONSittings of 7 and 8 October 2009The Minutes of this session have been published in OJ C 41 E, 18.2.2010.TEXTS ADOPTED |
| | Thursday 8 October 2009 |
| 2010/C 230E/01 | G-20 Summit in Pittsburgh (24-25 September)European Parliament resolution of 8 October 2009 on the Pittsburgh G-20 Summit of 24 and 25 September 2009 | 1 |
| 2010/C 230E/02 | Effects of the global economic crisis on developing countriesEuropean Parliament resolution of 8 October 2009 on the effects of the global financial and economic crisis on developing countries and on development cooperation | 7 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2009-2010 SESSIONSittings of 7 and 8 October 2009The Minutes of this session have been published in OJ C 41 E, 18.2.2010.TEXTS ADOPTED

Thursday 8 October 2009

2010/C 230E/01

G-20 Summit in Pittsburgh (24-25 September)European Parliament resolution of 8 October 2009 on the Pittsburgh G-20 Summit of 24 and 25 September 2009

1

2010/C 230E/02

Effects of the global economic crisis on developing countriesEuropean Parliament resolution of 8 October 2009 on the effects of the global financial and economic crisis on developing countries and on development cooperation

7

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Wednesday 7 October 2009 |
| 2010/C 230E/03 | Setting-up and definition of the powers, composition and term of office of a special committee on the financial, economic and social crisisEuropean Parliament decision of 7 October 2009 on setting up a special committee on the financial, economic and social crisis, and its powers, numerical composition and term of office | 11 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 7 October 2009

2010/C 230E/03

Setting-up and definition of the powers, composition and term of office of a special committee on the financial, economic and social crisisEuropean Parliament decision of 7 October 2009 on setting up a special committee on the financial, economic and social crisis, and its powers, numerical composition and term of office

11

| | III   Preparatory acts |
| --- | --- |
| | European Parliament |
| | Thursday 8 October 2009 |
| 2010/C 230E/04 | Mobilisation of the EU Solidarity Fund: Italy, the Abruzzo earthquakeEuropean Parliament resolution of 8 October 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0445 – C7-0122/2009 – 2009/2083(BUD)) | 13 |
| ANNEX | 14 |
| 2010/C 230E/05 | Prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings *European Parliament legislative resolution of 8 October 2009 on the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for adoption of a Council framework decision 2009/.../JHA on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (08535/2009 – C7-0205/2009 – 2009/0802(CNS)) | 15 |

III   Preparatory acts

European Parliament

Thursday 8 October 2009

2010/C 230E/04

Mobilisation of the EU Solidarity Fund: Italy, the Abruzzo earthquakeEuropean Parliament resolution of 8 October 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0445 – C7-0122/2009 – 2009/2083(BUD))

13

ANNEX

14

2010/C 230E/05

Prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings *European Parliament legislative resolution of 8 October 2009 on the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for adoption of a Council framework decision 2009/.../JHA on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (08535/2009 – C7-0205/2009 – 2009/0802(CNS))

15

| Key to symbols used






  - | Consultation procedure |
| --- | --- |
| **I | Cooperation procedure: first reading |
| **II | Cooperation procedure: second reading |
| *** | Assent procedure |
| ***I | Codecision procedure: first reading |
| ***II | Codecision procedure: second reading |
| ***III | Codecision procedure: third reading |

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

(The type of procedure is determined by the legal basis proposed by the Commission.)

Political amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▐.

Technical corrections and adaptations by the services: new or replacement text is highlighted in italics and deletions are indicated by the symbol ║.

| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2009-2010 SESSION Sittings of 7 and 8 October 2009 The Minutes of this session have been published in OJ C 41 E, 18.2.2010. TEXTS ADOPTED

Thursday 8 October 2009

| 26.8.2010 | EN | Official Journal of the European Union | CE 230/1 |
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26.8.2010

EN

Official Journal of the European Union

CE 230/1

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Thursday 8 October 2009G-20 Summit in Pittsburgh (24-25 September)

P7_TA(2009)0028

European Parliament resolution of 8 October 2009 on the Pittsburgh G-20 Summit of 24 and 25 September 2009

2010/C 230 E/01

The European Parliament,

having regard to the Leaders' Statement issued following the Pittsburgh Group of Twenty (G-20) Summit of 24 and 25 September 2009,

having regard to the Leaders' Statement (Global Plan for Recovery and Reform) issued following the London Group of Twenty (G-20) Summit and their declarations on ‘Strengthening the financial system’ and on ‘Delivering resources through the international financial institutions’, of 2 April 2009,

having regard to its resolution of 24 April 2009 on the London G-20 Summit of 2 April 2009 (1),

having regard to the Declaration following the Washington G-20 Summit on financial markets and the world economy, issued on 15 November 2008,

having regard to the Commission communication of 8 April 2009 entitled ‘Supporting developing countries in coping with the crisis’ (COM(2009)0160),

having regard to the Commission communication of 20 August 2009 entitled ‘GDP and beyond: measuring progress in a changing world’ (COM(2009)0433),

having regard to its resolutions regarding climate change, and in particular those of 4 February 2009 on 2050: The future begins today - Recommendations for the EU's future integrated policy on climate change (2) and of 11 March 2009 on an EU strategy for a comprehensive climate change agreement in Copenhagen and the adequate provision of financing for climate change policy (3),

having regard to the resolution of the International Labour Organization (ILO) of 19 June 2009 entitled ‘Recovering from the crisis: a Global Jobs Pact’,

having regard to the United Nations Millennium Development Goals (MDGs) and Member States' aid commitments to tackle hunger and poverty,

having regard to the statement issued following the informal meeting of the Member States' Heads of State or Government in Brussels on 17 September 2009 entitled ‘agreed language for the Pittsburgh G-20 Summit’,

having regard to the final report by the Commission on the Measurement of Economic Performance and Social Progress on alternative indicators,

having regard to Rule 110(4) of its Rules of Procedure,

| A. | whereas the process of economic recovery remains incomplete; whereas tackling rising unemployment remains a matter of the utmost importance and urgency; whereas, in particular, unemployment in the European Union at 9,5 % was its highest for ten years in July 2009 and whereas it is expected to rise further, |
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A.

whereas the process of economic recovery remains incomplete; whereas tackling rising unemployment remains a matter of the utmost importance and urgency; whereas, in particular, unemployment in the European Union at 9,5 % was its highest for ten years in July 2009 and whereas it is expected to rise further,

| B. | whereas the main challenge to be met in ensuring a return to economic growth is to restore private demand; whereas decisive progress on reforms is essential to achieving strong, balanced and sustainable economic growth, |
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B.

whereas the main challenge to be met in ensuring a return to economic growth is to restore private demand; whereas decisive progress on reforms is essential to achieving strong, balanced and sustainable economic growth,

| C. | whereas the present economic difficulties should be used as an opportunity to promote the Lisbon-Göteborg goals, to reiterate the commitment to fight unemployment and climate change, to reduce energy consumption, and to create an EU strategy which makes the transition from urgent crisis management to long-term sustainable economic recovery, |
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C.

whereas the present economic difficulties should be used as an opportunity to promote the Lisbon-Göteborg goals, to reiterate the commitment to fight unemployment and climate change, to reduce energy consumption, and to create an EU strategy which makes the transition from urgent crisis management to long-term sustainable economic recovery,

| D. | whereas major failures of regulation and supervision, reckless and irresponsible risk-taking by some financial institutions, and an over-supply of liquidity due to lax monetary policy in some parts of the world have contributed significantly to the current crisis, |
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D.

whereas major failures of regulation and supervision, reckless and irresponsible risk-taking by some financial institutions, and an over-supply of liquidity due to lax monetary policy in some parts of the world have contributed significantly to the current crisis,

| E. | whereas improved international coordination is essential to the economy, strong multilateral cooperation is needed to avoid any protectionist tendencies, and political inaction may tempt financial institutions to go back to ‘business as usual’, |
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E.

whereas improved international coordination is essential to the economy, strong multilateral cooperation is needed to avoid any protectionist tendencies, and political inaction may tempt financial institutions to go back to ‘business as usual’,

| F. | whereas the G-20 leaders have a collective responsibility to mitigate the social impact of the crisis, especially in developing countries, which have been hard hit by indirect effects of the crisis, |
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F.

whereas the G-20 leaders have a collective responsibility to mitigate the social impact of the crisis, especially in developing countries, which have been hard hit by indirect effects of the crisis,

| G. | whereas offshore jurisdictions have undermined financial regulation and constitutes an obstacle to the achievement of the MDGs, |
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G.

whereas offshore jurisdictions have undermined financial regulation and constitutes an obstacle to the achievement of the MDGs,

General remarks: restoring growth

| 1. | Welcomes the agreements reached at the G-20 Summit, including the commitment to avoid any premature withdrawal of stimulus; notes, however, with concern the rapid increases in public debt and budget deficits; stresses the importance of establishing sound public finances and of ensuring long-term fiscal sustainability in order to avoid imposing too heavy a burden on future generations; urges work to start on effective exit strategies immediately, in order to implement them as soon as the recovery permits; |
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1.

Welcomes the agreements reached at the G-20 Summit, including the commitment to avoid any premature withdrawal of stimulus; notes, however, with concern the rapid increases in public debt and budget deficits; stresses the importance of establishing sound public finances and of ensuring long-term fiscal sustainability in order to avoid imposing too heavy a burden on future generations; urges work to start on effective exit strategies immediately, in order to implement them as soon as the recovery permits;

| 2. | Considers that new indicators and accounting frameworks for sustainable development that go beyond GDP are needed in order to measure well-being and the environmental impact of human activities and, therefore, as guidelines for the orientation and evaluation of global recovery; |
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2.

Considers that new indicators and accounting frameworks for sustainable development that go beyond GDP are needed in order to measure well-being and the environmental impact of human activities and, therefore, as guidelines for the orientation and evaluation of global recovery;

| 3. | Stresses that the immediate priorities must be to secure the strong and sustainable growth of the real economy, to ensure that the capital markets and lending function properly, to sustain and promote employment, and to protect people from the adverse impact of the crisis, paying particular attention to the poorest and most vulnerable; |
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3.

Stresses that the immediate priorities must be to secure the strong and sustainable growth of the real economy, to ensure that the capital markets and lending function properly, to sustain and promote employment, and to protect people from the adverse impact of the crisis, paying particular attention to the poorest and most vulnerable;

| 4. | Welcomes the fact that the G-20 Summit focused on global imbalances, which are at the root of the financial crisis; points out that if financial crises are to be prevented in the future, the underlying causes have to be addressed (including excessive trade deficits or surpluses), which have implications far beyond the realm of banking and financial regulation and institutional governance; considers that an effective multilateral response to the crisis must involve addressing the causes of exchange-rate imbalances and commodity price volatility within multilateral frameworks; |
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4.

Welcomes the fact that the G-20 Summit focused on global imbalances, which are at the root of the financial crisis; points out that if financial crises are to be prevented in the future, the underlying causes have to be addressed (including excessive trade deficits or surpluses), which have implications far beyond the realm of banking and financial regulation and institutional governance; considers that an effective multilateral response to the crisis must involve addressing the causes of exchange-rate imbalances and commodity price volatility within multilateral frameworks;

| 5. | Regrets that the G-20 leaders did not assess the major failures of regulation and supervision which caused the financial crisis, so as to avoid a repetition of the same regulatory and supervisory mistakes and hence a similar crisis; regrets that the G-20 leaders made no progress with regard to financing the global fight against climate change; |
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5.

Regrets that the G-20 leaders did not assess the major failures of regulation and supervision which caused the financial crisis, so as to avoid a repetition of the same regulatory and supervisory mistakes and hence a similar crisis; regrets that the G-20 leaders made no progress with regard to financing the global fight against climate change;

| 6. | Welcomes the reaffirmed commitment to meeting the MDGs and to achieving the official development assistance (ODA) pledges, including aid for trade, debt relief and the Gleneagles commitments; |
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6.

Welcomes the reaffirmed commitment to meeting the MDGs and to achieving the official development assistance (ODA) pledges, including aid for trade, debt relief and the Gleneagles commitments;

| 7. | Welcomes the G-20 leaders' agreement to work towards an international framework for financial transaction taxation and calls for speedy progress to ensure that the financial sector contributes fairly towards economic recovery and development since the costs of the crisis have, to date, been borne by taxpayers, other citizens, and public services; |
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7.

Welcomes the G-20 leaders' agreement to work towards an international framework for financial transaction taxation and calls for speedy progress to ensure that the financial sector contributes fairly towards economic recovery and development since the costs of the crisis have, to date, been borne by taxpayers, other citizens, and public services;

Jobs, jobs, jobs

| 8. | Welcomes the G-20 leaders' decision to put decent jobs at the heart of recovery and reform, and particularly welcomes the role agreed for the ILO; |
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8.

Welcomes the G-20 leaders' decision to put decent jobs at the heart of recovery and reform, and particularly welcomes the role agreed for the ILO;

| 9. | Welcomes the G-20 leaders' commitment to tackling the employment crisis at international level and to strengthening support for the most vulnerable, as they are hit hardest by the crisis and in the greatest need of common action; welcomes, in this respect, the establishment of the Global Impact Vulnerability Alert System; |
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9.

Welcomes the G-20 leaders' commitment to tackling the employment crisis at international level and to strengthening support for the most vulnerable, as they are hit hardest by the crisis and in the greatest need of common action; welcomes, in this respect, the establishment of the Global Impact Vulnerability Alert System;

| 10. | Demands that the commitment of the international community be translated into concrete action and that it be implemented in particular by supporting a strong ‘ecological jobs’ agenda; |
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10.

Demands that the commitment of the international community be translated into concrete action and that it be implemented in particular by supporting a strong ‘ecological jobs’ agenda;

| 11. | Agrees on the importance of building an employment-oriented framework for future economic growth and of making the promotion of decent work central to the recovery plans; |
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11.

Agrees on the importance of building an employment-oriented framework for future economic growth and of making the promotion of decent work central to the recovery plans;

| 12. | Welcomes the ILO's Global Jobs Pact and calls for its urgent implementation; in particular, calls for the creation of an anti-cyclical jobs fund at international level and ambitious fiscal stimulus packages which support job creation and retention with efficient employment services and strong social policies to support vulnerable groups and ensure the purchasing power of minimum wages; |
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12.

Welcomes the ILO's Global Jobs Pact and calls for its urgent implementation; in particular, calls for the creation of an anti-cyclical jobs fund at international level and ambitious fiscal stimulus packages which support job creation and retention with efficient employment services and strong social policies to support vulnerable groups and ensure the purchasing power of minimum wages;

| 13. | Insists that the ratification and implementation of ILO Conventions are crucial in this respect and demands that they be incorporated into WTO trade agreements; calls also for the further strengthening of cooperation among the key international organisations; |
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13.

Insists that the ratification and implementation of ILO Conventions are crucial in this respect and demands that they be incorporated into WTO trade agreements; calls also for the further strengthening of cooperation among the key international organisations;

| 14. | Supports the initiatives relating to new types of financial services such as microfinance, aimed at improving access to financial services for the poorest; |
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14.

Supports the initiatives relating to new types of financial services such as microfinance, aimed at improving access to financial services for the poorest;

| 15. | Insists on the importance of supporting social dialogue at all levels to avoid wage deflation and ensure that wage growth is in line with productivity growth; |
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15.

Insists on the importance of supporting social dialogue at all levels to avoid wage deflation and ensure that wage growth is in line with productivity growth;

Strengthening financial supervision and regulation

| 16. | Welcomes the call on the G-20 Finance Ministers and governors of central banks to reach agreement on an international framework of reform in the following critical areas of the financial sector:






  — | building high-quality capital and mitigating pro-cyclicality, |
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16.

Welcomes the call on the G-20 Finance Ministers and governors of central banks to reach agreement on an international framework of reform in the following critical areas of the financial sector:

—

building high-quality capital and mitigating pro-cyclicality,

| — | reforming compensation practices to support financial stability, |
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—

reforming compensation practices to support financial stability,

| — | improving over-the-counter derivatives markets, |
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—

improving over-the-counter derivatives markets,

| — | addressing cross-border resolutions and systemically important financial institutions, |
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—

addressing cross-border resolutions and systemically important financial institutions,

| — | reforming supervision in the financial sector, consistent with the global framework; |
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—

reforming supervision in the financial sector, consistent with the global framework;

| 17. | Approves the willingness to transform the system of global financial regulation and agrees that substantial progress has been made but believes that many of the changes agreed have not yet been fully implemented and that much more remains to be done; |
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17.

Approves the willingness to transform the system of global financial regulation and agrees that substantial progress has been made but believes that many of the changes agreed have not yet been fully implemented and that much more remains to be done;

| 18. | Notes the G-20 leaders' pledge of complete supervision of all systemically important institutions and financial instruments; believes that a more centralised approach to financial market supervision is needed to prevent further crises and takes the view that the European Union needs to work towards a stronger financial supervisory architecture with the objective of a single financial supervisory authority; |
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18.

Notes the G-20 leaders' pledge of complete supervision of all systemically important institutions and financial instruments; believes that a more centralised approach to financial market supervision is needed to prevent further crises and takes the view that the European Union needs to work towards a stronger financial supervisory architecture with the objective of a single financial supervisory authority;

| 19. | Takes the view that international coordination must lead to the progressive upgrading of prudential rules globally to avoid regulatory arbitrage; underlines that progress made within the broader context of the G-20 consists of a ‘minimum harmonisation’ approach, which must not prevent the European Union from applying higher standards; welcomes in this context the fact that the European Union is more ambitious with regard to the scope and requirements of regulation and supervision, as demonstrated by legislation recently adopted or under discussion; |
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19.

Takes the view that international coordination must lead to the progressive upgrading of prudential rules globally to avoid regulatory arbitrage; underlines that progress made within the broader context of the G-20 consists of a ‘minimum harmonisation’ approach, which must not prevent the European Union from applying higher standards; welcomes in this context the fact that the European Union is more ambitious with regard to the scope and requirements of regulation and supervision, as demonstrated by legislation recently adopted or under discussion;

| 20. | Welcomes the reaffirmation of the commitment to financial institutions with stricter rules on risk-taking, governance that aligns compensation with long-term performance, and overall greater transparency; warmly welcomes the commitment to adopt the Basel II framework by 2011 and to introduce a leverage ratio harmonised at international level; considers that those broad principles and objectives should be observed by all market players wherever the protection of investors, taxpayers or consumers is at stake; |
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20.

Welcomes the reaffirmation of the commitment to financial institutions with stricter rules on risk-taking, governance that aligns compensation with long-term performance, and overall greater transparency; warmly welcomes the commitment to adopt the Basel II framework by 2011 and to introduce a leverage ratio harmonised at international level; considers that those broad principles and objectives should be observed by all market players wherever the protection of investors, taxpayers or consumers is at stake;

| 21. | Calls on the Commission to transpose quickly the commitments entered into at the G-20 Summit with regard to bonuses into binding EC law; calls on the G-20 leaders to give more teeth to their proposals in terms of building capital and reforming compensation practices and to ensure a consistent approach by supervisors worldwide when it comes to sanctions; |
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21.

Calls on the Commission to transpose quickly the commitments entered into at the G-20 Summit with regard to bonuses into binding EC law; calls on the G-20 leaders to give more teeth to their proposals in terms of building capital and reforming compensation practices and to ensure a consistent approach by supervisors worldwide when it comes to sanctions;

| 22. | Takes the view that the principles of cross-border cooperation on crisis management need to be implemented urgently; calls on the Financial Stability Board to consult Parliament before approving the proposals that are to be adopted by the end of October 2010 for systemically important financial institutions; |
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22.

Takes the view that the principles of cross-border cooperation on crisis management need to be implemented urgently; calls on the Financial Stability Board to consult Parliament before approving the proposals that are to be adopted by the end of October 2010 for systemically important financial institutions;

| 23. | Recognises that achievements in fighting non-cooperative jurisdictions (tax havens) have been substantial, but are not yet sufficient; encourages the Global Forum on Transparency and Exchange of Information to improve tax transparency and the exchange of information so that countries can fully enforce their tax law to protect their tax base; supports the G-20 in its use of measures to counter tax havens from March 2010 in cases of non-cooperation; |
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23.

Recognises that achievements in fighting non-cooperative jurisdictions (tax havens) have been substantial, but are not yet sufficient; encourages the Global Forum on Transparency and Exchange of Information to improve tax transparency and the exchange of information so that countries can fully enforce their tax law to protect their tax base; supports the G-20 in its use of measures to counter tax havens from March 2010 in cases of non-cooperation;

| 24. | Welcomes the progress concerning bank secrecy and, in particular, the expansion of the OECD Global Forum on Transparency and Exchange of Information; notes, however, that several jurisdictions that have promised to implement standards have not yet delivered; calls for an effective system to prevent, detect and pursue tax evaders; highlights the importance of creating a standardised system of reporting; |
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24.

Welcomes the progress concerning bank secrecy and, in particular, the expansion of the OECD Global Forum on Transparency and Exchange of Information; notes, however, that several jurisdictions that have promised to implement standards have not yet delivered; calls for an effective system to prevent, detect and pursue tax evaders; highlights the importance of creating a standardised system of reporting;

| 25. | Regrets that the G-20 leaders did not address the issue of moral hazard and that the link between prudential standards for systemic institutions and the costs of a failure of those institutions has been postponed until October 2010; calls for proposals to tackle restructuring and for a review of financial sector business models in order to tackle the ‘too big to fail’ issue; |
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25.

Regrets that the G-20 leaders did not address the issue of moral hazard and that the link between prudential standards for systemic institutions and the costs of a failure of those institutions has been postponed until October 2010; calls for proposals to tackle restructuring and for a review of financial sector business models in order to tackle the ‘too big to fail’ issue;

Strengthening our global financial institutions

| 26. | Welcomes the G-20 leaders' plan to reform the IMF and the World Bank and calls for those reforms to start as soon as possible; calls for a far-reaching reform of global economic and financial governance; supports the improvement of the IMF and World Bank as a core element of the effort to improve the credibility, legitimacy and effectiveness of those institutions; calls for the representation of developing countries in international financial institutions to be improved; welcomes the commitment to a shift in quota share to countries with dynamic emerging market and developing countries; recalls the importance of avoiding pro-cyclical policies in order to find the path to recovery; |
| --- | --- |

26.

Welcomes the G-20 leaders' plan to reform the IMF and the World Bank and calls for those reforms to start as soon as possible; calls for a far-reaching reform of global economic and financial governance; supports the improvement of the IMF and World Bank as a core element of the effort to improve the credibility, legitimacy and effectiveness of those institutions; calls for the representation of developing countries in international financial institutions to be improved; welcomes the commitment to a shift in quota share to countries with dynamic emerging market and developing countries; recalls the importance of avoiding pro-cyclical policies in order to find the path to recovery;

| 27. | Calls for the creation of a mechanism to transfer some of the IMF member states' allotted new allocations of IMF Special Drawing Rights (SDRs) to Low Income Countries, which could double the medium-term concessional lending capacity of the IMF; |
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27.

Calls for the creation of a mechanism to transfer some of the IMF member states' allotted new allocations of IMF Special Drawing Rights (SDRs) to Low Income Countries, which could double the medium-term concessional lending capacity of the IMF;

| 28. | Welcomes the G-20 leaders' commitments to an open global economy; considers that the revival of world trade is essential to restoring global growth; in this respect reiterates its stance against any form of protectionism and continues to press for progress in ensuring market access which does not disadvantage developing countries, by eliminating indiscriminate tariff and non-tariff barriers, as well as respect for rules for free and fair trade; remains determined to seek a global, ambitious and balanced conclusion to the Doha Development Round, consistent with its mandate, and calls upon leaders not to forget the ultimate development goal of this round; |
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28.

Welcomes the G-20 leaders' commitments to an open global economy; considers that the revival of world trade is essential to restoring global growth; in this respect reiterates its stance against any form of protectionism and continues to press for progress in ensuring market access which does not disadvantage developing countries, by eliminating indiscriminate tariff and non-tariff barriers, as well as respect for rules for free and fair trade; remains determined to seek a global, ambitious and balanced conclusion to the Doha Development Round, consistent with its mandate, and calls upon leaders not to forget the ultimate development goal of this round;

| 29. | Welcomes the G-20 leaders' acknowledgement of the importance of a more sustainable global economy; emphasises that a binding agreement on climate change at the forthcoming United Nations Framework Convention on Climate Change conference in Copenhagen (UNFCCC conference) is critical; stresses, however, that the G-20 leaders should recognise the broad nature of global sustainability challenges; calls for G-20 Finance Ministers to mobilise resources to support near-term climate action in developing countries as a key component of the collective response to the global economic crisis; |
| --- | --- |

29.

Welcomes the G-20 leaders' acknowledgement of the importance of a more sustainable global economy; emphasises that a binding agreement on climate change at the forthcoming United Nations Framework Convention on Climate Change conference in Copenhagen (UNFCCC conference) is critical; stresses, however, that the G-20 leaders should recognise the broad nature of global sustainability challenges; calls for G-20 Finance Ministers to mobilise resources to support near-term climate action in developing countries as a key component of the collective response to the global economic crisis;

| 30. | Stresses the fact that all the commitments entered into by the G-20 leaders must be respected in full, put in place rapidly and fleshed out, at national and international level, in order to rebuild confidence and maximise economic recovery; |
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30.

Stresses the fact that all the commitments entered into by the G-20 leaders must be respected in full, put in place rapidly and fleshed out, at national and international level, in order to rebuild confidence and maximise economic recovery;

| 31. | Considers that the EU representation at the G-20 meetings should be the object of an in-depth discussion between the three major EU institutions and the Member States; is convinced that the European Union has to agree on a common position in international forums, particularly as regards G-20 meetings, and insists that there has to be a more coherent representation of the European Union in international negotiations; |
| --- | --- |

31.

Considers that the EU representation at the G-20 meetings should be the object of an in-depth discussion between the three major EU institutions and the Member States; is convinced that the European Union has to agree on a common position in international forums, particularly as regards G-20 meetings, and insists that there has to be a more coherent representation of the European Union in international negotiations;

| 32. | Highlights the importance of an agreement on funds to help poorer countries adapt to climate change at the UNFCCC conference and of the provision of strong and predictable financing mechanisms in addition to ODA; regrets that this issue was postponed to the UNFCCC conference, and reiterates that the European Union should contribute its fair share to financing for mitigation and adaptation, corresponding to scientific research findings on the severity of climate change and the scale of its costs; |
| --- | --- |

32.

Highlights the importance of an agreement on funds to help poorer countries adapt to climate change at the UNFCCC conference and of the provision of strong and predictable financing mechanisms in addition to ODA; regrets that this issue was postponed to the UNFCCC conference, and reiterates that the European Union should contribute its fair share to financing for mitigation and adaptation, corresponding to scientific research findings on the severity of climate change and the scale of its costs;

| 33. | Draws attention to the persistent food crisis and welcomes the decision to endorse a World Bank food initiative; calls on donor countries to ensure transparency and accountability regarding food aid distribution; |
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33.

Draws attention to the persistent food crisis and welcomes the decision to endorse a World Bank food initiative; calls on donor countries to ensure transparency and accountability regarding food aid distribution;

*

* *

| 34. | Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the governments and parliaments of the Member States, the governments and parliaments of the G-20 States and the International Monetary Fund. |
| --- | --- |

34.

Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the governments and parliaments of the Member States, the governments and parliaments of the G-20 States and the International Monetary Fund.

---

(1)  Texts adopted, P6_TA(2009)0330.

(2)  Texts adopted, P6_TA(2009)0042.

(3)  Texts adopted, P6_TA(2009)0121.

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| 26.8.2010 | EN | Official Journal of the European Union | CE 230/7 |
| --- | --- | --- | --- |

26.8.2010

EN

Official Journal of the European Union

CE 230/7

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Thursday 8 October 2009Effects of the global economic crisis on developing countries

P7_TA(2009)0029

European Parliament resolution of 8 October 2009 on the effects of the global financial and economic crisis on developing countries and on development cooperation

2010/C 230 E/02

The European Parliament,

having regard to the G20 summit held in London on 2 April 2009 and its statement on the Global Plan for Recovery and Reform,

having regard to the UN Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria established jointly by the international community for, inter alia, the elimination of poverty and hunger,

having regard to the report of the World Bank and the International Monetary Fund (IMF) entitled ‘Global Monitoring Report 2009: A Development Emergency’ published in April 2009,

having regard to the report of the World Bank entitled ‘Global Development Finance: Charting a Global Recovery 2009’ published in June 2009,

having regard to the UN Conference on the World Financial and Economic Crisis and its impact on development and to the UN General Assembly's endorsement of the outcome of the conference by means of Resolution 63/303 of 9 July 2009,

having regard to the Commission Communication of 8 April 2009 entitled ‘Supporting developing countries in coping with the crisis’ (COM(2009)0160),

having regard to the General Affairs and External Relations Council conclusions of 18 and 19 May 2009 on supporting developing countries in coping with the crisis,

having regard to its resolution of 14 March 2006 on the strategic review of the International Monetary Fund (1),

having regard to the study by Professor Ngaire Woods on the international response to the global crisis and the reform of the international financial and aid architecture (2),

having regard to the Conference on Innovative Financing held in Paris on 28 and 29 May 2009 and the International Conference on Development Financing held in Doha between 28 November and 2 December 2008,

having regard to the report of 17 March 2009 of the Committee of African Finance Ministers and Central Bank Governors established to monitor the crisis, entitled ‘Impact of the Crisis on African Economies - Sustaining Growth and Poverty Reduction’,

having regard to the question of 3 September 2009 to the Commission on the effects of the global financial and economic crisis on developing countries and on development cooperation (O-0088/2009 – B7-0209/2009),

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| 1. | Stresses that developing countries did not cause the global financial and economic crisis, but are disproportionally affected by it, facing dramatically decelerating growth and employment, negative impacts on the balance of trade and balance of payments, a sharp reduction of net private capital inflows and foreign direct investment, reduced access to credit and trade financing, declining remittances, large and volatile movements in exchange rates, collapsing reserves, increased volatility and falling prices for primary commodities, as well as reduced revenues from tourism; |
| --- | --- |

1.

Stresses that developing countries did not cause the global financial and economic crisis, but are disproportionally affected by it, facing dramatically decelerating growth and employment, negative impacts on the balance of trade and balance of payments, a sharp reduction of net private capital inflows and foreign direct investment, reduced access to credit and trade financing, declining remittances, large and volatile movements in exchange rates, collapsing reserves, increased volatility and falling prices for primary commodities, as well as reduced revenues from tourism;

| 2. | Endorses the view of Ban Ki–moon, Secretary-General of the United Nations, that the global financial crisis has given rise to a development emergency in that it is undermining, and in some cases nullifying, hard-won progress on poverty, hunger and mother and child mortality, as well as on primary education, gender equality and access to clean water and proper hygiene, thus jeopardising the achievement of the MDGs, in particular those relating to health; |
| --- | --- |

2.

Endorses the view of Ban Ki–moon, Secretary-General of the United Nations, that the global financial crisis has given rise to a development emergency in that it is undermining, and in some cases nullifying, hard-won progress on poverty, hunger and mother and child mortality, as well as on primary education, gender equality and access to clean water and proper hygiene, thus jeopardising the achievement of the MDGs, in particular those relating to health;

| 3. | Notes with great concern that this crisis, which follows so closely on the heels of the food and fuel price crises, is already exacting major human costs and has devastating implications for the vulnerable in the poorest countries, with an expected increase of 23 million in the unemployment rate, up to 90 million more extreme poor in 2009 alone, life-saving drug treatment for up to 1,7 million HIV sufferers under threat, and between 200 000 and 400 000 more infant deaths per year on average between 2009 and 2015, which is the MDG target year in developing countries; |
| --- | --- |

3.

Notes with great concern that this crisis, which follows so closely on the heels of the food and fuel price crises, is already exacting major human costs and has devastating implications for the vulnerable in the poorest countries, with an expected increase of 23 million in the unemployment rate, up to 90 million more extreme poor in 2009 alone, life-saving drug treatment for up to 1,7 million HIV sufferers under threat, and between 200 000 and 400 000 more infant deaths per year on average between 2009 and 2015, which is the MDG target year in developing countries;

| 4. | Stresses that many developing countries are finding that all their sources of development financing have been affected by the crisis, and will be unable to safeguard their hard-won economic gains without extensive external support; |
| --- | --- |

4.

Stresses that many developing countries are finding that all their sources of development financing have been affected by the crisis, and will be unable to safeguard their hard-won economic gains without extensive external support;

| 5. | Calls on the EU to take action to eradicate abuses of tax havens, tax evasion and illicit capital flight from developing countries; calls therefore for a new binding global financial agreement which forces transnational corporations automatically to disclose the profits made and the taxes paid on a country-by-country basis, so as to ensure transparency on what they pay in every developing country in which they operate, |
| --- | --- |

5.

Calls on the EU to take action to eradicate abuses of tax havens, tax evasion and illicit capital flight from developing countries; calls therefore for a new binding global financial agreement which forces transnational corporations automatically to disclose the profits made and the taxes paid on a country-by-country basis, so as to ensure transparency on what they pay in every developing country in which they operate,

| 6. | Notes the G20's recognition of its ‘collective responsibility to mitigate the social impact of the crisis to minimise long-lasting damage to global potential’ and its reaffirmation of existing aid pledges and promises of new resources, including USD 50 000 million to support social protection, boost trade and safeguard development in low-income countries as part of a significant increase in crisis support for developing countries, and more resources for social protection for the poorest countries; |
| --- | --- |

6.

Notes the G20's recognition of its ‘collective responsibility to mitigate the social impact of the crisis to minimise long-lasting damage to global potential’ and its reaffirmation of existing aid pledges and promises of new resources, including USD 50 000 million to support social protection, boost trade and safeguard development in low-income countries as part of a significant increase in crisis support for developing countries, and more resources for social protection for the poorest countries;

| 7. | Welcomes the decision taken by G8 leaders at the July 2009 summit in L'Aquila, Italy, to donate USD 20 000 million for rural development and food safety; |
| --- | --- |

7.

Welcomes the decision taken by G8 leaders at the July 2009 summit in L'Aquila, Italy, to donate USD 20 000 million for rural development and food safety;

| 8. | Fears that the financial resources pledged may not be sufficient, may not be concentrated on the poorest countries and population groups and may not be brought to bear sufficiently swiftly and in a sufficiently flexible manner to generate the improvements that developing countries require; |
| --- | --- |

8.

Fears that the financial resources pledged may not be sufficient, may not be concentrated on the poorest countries and population groups and may not be brought to bear sufficiently swiftly and in a sufficiently flexible manner to generate the improvements that developing countries require;

| 9. | Supports the G8 leaders' request to carry out, in 2010, an international review of policies towards the MDGs; |
| --- | --- |

9.

Supports the G8 leaders' request to carry out, in 2010, an international review of policies towards the MDGs;

| 10. | Notes the increased resources made available to the IMF and other international financial institutions; welcomes the recent IMF reforms, which include a more prominent role for the emerging countries; |
| --- | --- |

10.

Notes the increased resources made available to the IMF and other international financial institutions; welcomes the recent IMF reforms, which include a more prominent role for the emerging countries;

| 11. | Is gravely concerned about the fact that, as at July 2009, 82 % of the newly loaned IMF resources had gone to European countries, and just 1,6 % to countries in Africa, which is an indication that most of the available resources might be being devoted to high-income emerging markets and middle-income countries that are likely to be able to repay the loans they receive; stresses that the disruption of development processes has more destructive and lasting effects in the medium term for the least developed countries than those suffered by the most advanced countries during a limited period of crisis; |
| --- | --- |

11.

Is gravely concerned about the fact that, as at July 2009, 82 % of the newly loaned IMF resources had gone to European countries, and just 1,6 % to countries in Africa, which is an indication that most of the available resources might be being devoted to high-income emerging markets and middle-income countries that are likely to be able to repay the loans they receive; stresses that the disruption of development processes has more destructive and lasting effects in the medium term for the least developed countries than those suffered by the most advanced countries during a limited period of crisis;

| 12. | Calls for rapid implementation of the additional USD 6 000 million in concessional and flexible finance for the poorest countries resulting from sales of IMF gold reserves; notes with great concern the IMF's estimates that it can meet only around 2 % of low-income countries' (gross) external financial needs, which highlights the need for other institutions and donors to provide further concessional resources and grants; |
| --- | --- |

12.

Calls for rapid implementation of the additional USD 6 000 million in concessional and flexible finance for the poorest countries resulting from sales of IMF gold reserves; notes with great concern the IMF's estimates that it can meet only around 2 % of low-income countries' (gross) external financial needs, which highlights the need for other institutions and donors to provide further concessional resources and grants;

| 13. | Regrets that, while an effective response to the crisis would require a new and large injection of resources, and in spite of the G20 pledges to make ‘available resources for social protection for the poorest countries, including through investing in long-term food security and through voluntary bilateral contributions to the World Bank’s Vulnerability Framework, including the Infrastructure Crisis Facility, and the Rapid Social Response Fund’, the World Bank has been left to react mainly through its own existing resources and facilities; |
| --- | --- |

13.

Regrets that, while an effective response to the crisis would require a new and large injection of resources, and in spite of the G20 pledges to make ‘available resources for social protection for the poorest countries, including through investing in long-term food security and through voluntary bilateral contributions to the World Bank’s Vulnerability Framework, including the Infrastructure Crisis Facility, and the Rapid Social Response Fund’, the World Bank has been left to react mainly through its own existing resources and facilities;

| 14. | Believes that the first priority should be simply to support policies that reduce poverty whilst obtaining the best value for taxpayers’ money, guided by a recognition of the absolute human dignity of every single person in the developing world; |
| --- | --- |

14.

Believes that the first priority should be simply to support policies that reduce poverty whilst obtaining the best value for taxpayers’ money, guided by a recognition of the absolute human dignity of every single person in the developing world;

| 15. | Considers fair and mutually beneficial trade to be the cornerstone of international financial market stability; notes that the EU must do its part by reducing the trade-distorting subsidies and trade barriers that cause so much harm to developing countries' economies; |
| --- | --- |

15.

Considers fair and mutually beneficial trade to be the cornerstone of international financial market stability; notes that the EU must do its part by reducing the trade-distorting subsidies and trade barriers that cause so much harm to developing countries' economies;

| 16. | Notes the harm to the capital structure of any economy caused by the ‘brain drain’ notes, furthermore, that this is a serious and ongoing concern in many areas of the world as the best and brightest people, whom developing countries can ill afford to lose, move abroad; calls therefore for action to be taken to encourage circular migration; |
| --- | --- |

16.

Notes the harm to the capital structure of any economy caused by the ‘brain drain’ notes, furthermore, that this is a serious and ongoing concern in many areas of the world as the best and brightest people, whom developing countries can ill afford to lose, move abroad; calls therefore for action to be taken to encourage circular migration;

| 17. | Notes with great concern that this has resulted in the World Bank being unable to respond to a number of countries which have been rendered particularly vulnerable by the crisis but do not meet the eligibility criteria for the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA) or comply with allocation models requiring borrower creditworthiness and a record of ‘good performance’; considers that this mismatch in funding highlights core problems with the World Bank’s governance, which minimises risks to the institution and its non-borrowing members at the expense of its needy developing country members; |
| --- | --- |

17.

Notes with great concern that this has resulted in the World Bank being unable to respond to a number of countries which have been rendered particularly vulnerable by the crisis but do not meet the eligibility criteria for the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA) or comply with allocation models requiring borrower creditworthiness and a record of ‘good performance’; considers that this mismatch in funding highlights core problems with the World Bank’s governance, which minimises risks to the institution and its non-borrowing members at the expense of its needy developing country members;

| 18. | Stresses that the inability of the Bretton Woods institutions to respond to the needs of low-income countries, in relation to coping with the crisis, is caused mainly by the failure to make what are long-overdue reforms to the governance of those institutions in order to enhance their relevance, legitimacy and effectiveness and their sensitivity and responsiveness to developing countries; calls for such reforms to be made urgently; |
| --- | --- |

18.

Stresses that the inability of the Bretton Woods institutions to respond to the needs of low-income countries, in relation to coping with the crisis, is caused mainly by the failure to make what are long-overdue reforms to the governance of those institutions in order to enhance their relevance, legitimacy and effectiveness and their sensitivity and responsiveness to developing countries; calls for such reforms to be made urgently;

| 19. | Requests the EU and its Member States to take up their responsibility as major international players to work towards rapid implementation of the necessary reform of the Bretton Woods institutions, and in the meantime to fill the serious gaps in the response being made to the crisis by the G20, the IMF and the World Bank by swiftly delivering aid to developing countries and ensuring rapid disbursement to countries whose investments in meeting the MDGs are now at risk due to an external shock, namely a financial crisis unforeseen by them and beyond their control; in so doing, the EU and its Member States should at all times observe the highest standards of accountability and aid effectiveness as far as the use of public funds by donor recipients is concerned; |
| --- | --- |

19.

Requests the EU and its Member States to take up their responsibility as major international players to work towards rapid implementation of the necessary reform of the Bretton Woods institutions, and in the meantime to fill the serious gaps in the response being made to the crisis by the G20, the IMF and the World Bank by swiftly delivering aid to developing countries and ensuring rapid disbursement to countries whose investments in meeting the MDGs are now at risk due to an external shock, namely a financial crisis unforeseen by them and beyond their control; in so doing, the EU and its Member States should at all times observe the highest standards of accountability and aid effectiveness as far as the use of public funds by donor recipients is concerned;

| 20. | Expresses serious concern at the fact that aid from some EU Member States fell in real terms in 2008; calls on EU Member States urgently to fulfil their official development assistance (ODA) commitments by 2010, taking into account the fact that a majority of developing countries have been seriously affected by the consequences of the worldwide financial crisis; |
| --- | --- |

20.

Expresses serious concern at the fact that aid from some EU Member States fell in real terms in 2008; calls on EU Member States urgently to fulfil their official development assistance (ODA) commitments by 2010, taking into account the fact that a majority of developing countries have been seriously affected by the consequences of the worldwide financial crisis;

| 21. | Welcomes the EU's plans to frontload EUR 8 800 million of development aid, budget support and agricultural financing for immediate action, and the proposed EUR 500 million to support social spending in developing countries through the ad hoc vulnerability FLEX mechanism for African, Caribbean and Pacific (ACP) countries; recommends focusing budget support on the fields of health, decent work, education, social services and green growth in the form of sectoral budget support; urges the EU and its Member States to meet the financial commitments outlined in the EU Agenda for Action on the MDGs; acknowledges the principle of ownership, highlighting the role of developing countries in setting their own policies, strategies and development programmes, and the mutual accountability of the EU and its partners for ensuring development results; |
| --- | --- |

21.

Welcomes the EU's plans to frontload EUR 8 800 million of development aid, budget support and agricultural financing for immediate action, and the proposed EUR 500 million to support social spending in developing countries through the ad hoc vulnerability FLEX mechanism for African, Caribbean and Pacific (ACP) countries; recommends focusing budget support on the fields of health, decent work, education, social services and green growth in the form of sectoral budget support; urges the EU and its Member States to meet the financial commitments outlined in the EU Agenda for Action on the MDGs; acknowledges the principle of ownership, highlighting the role of developing countries in setting their own policies, strategies and development programmes, and the mutual accountability of the EU and its partners for ensuring development results;

| 22. | Draws attention to Parliament's repeated calls for the European Development Fund (EDF) to be brought within the Community budget in order to ensure democratic scrutiny of the uses to which it is put; |
| --- | --- |

22.

Draws attention to Parliament's repeated calls for the European Development Fund (EDF) to be brought within the Community budget in order to ensure democratic scrutiny of the uses to which it is put;

| 23. | Regrets, however, that apart from EUR 100 million for the EU-Africa Infrastructure Trust Fund, all other spending comes from pre-existing commitments, and calls for greater additional funding; expresses concern about how the Commission will fill the funding gap caused in future years by frontloading budget support now; |
| --- | --- |

23.

Regrets, however, that apart from EUR 100 million for the EU-Africa Infrastructure Trust Fund, all other spending comes from pre-existing commitments, and calls for greater additional funding; expresses concern about how the Commission will fill the funding gap caused in future years by frontloading budget support now;

| 24. | Stresses that ODA volumes are not sufficient to meet with the urgency that the scale of the crisis demands the vastly increased needs it is creating in developing countries, and calls upon the Commission and the Member States to abide by their international commitments and to continue to contribute towards meeting the MDGs; calls on the Commission urgently to come up with new proposals for innovative funding mechanisms; |
| --- | --- |

24.

Stresses that ODA volumes are not sufficient to meet with the urgency that the scale of the crisis demands the vastly increased needs it is creating in developing countries, and calls upon the Commission and the Member States to abide by their international commitments and to continue to contribute towards meeting the MDGs; calls on the Commission urgently to come up with new proposals for innovative funding mechanisms;

| 25. | Stresses the need for greater consistency between the EU's trade, budgetary, climate change and development policies; |
| --- | --- |

25.

Stresses the need for greater consistency between the EU's trade, budgetary, climate change and development policies;

| 26. | Recommends therefore that economic partnership agreements (EPAs) be used as a means of meeting development needs by giving ACP countries a commercial advantage and fostering the achievement of the MDGs, while allowing ACP countries to leave sensitive products and sectors, such as investment and services, out of the negotiations; |
| --- | --- |

26.

Recommends therefore that economic partnership agreements (EPAs) be used as a means of meeting development needs by giving ACP countries a commercial advantage and fostering the achievement of the MDGs, while allowing ACP countries to leave sensitive products and sectors, such as investment and services, out of the negotiations;

| 27. | Points out, with this in mind, that EPAs must serve as a means of fostering regional integration and boosting the economies of ACP countries, and that funding pledges must be honoured; |
| --- | --- |

27.

Points out, with this in mind, that EPAs must serve as a means of fostering regional integration and boosting the economies of ACP countries, and that funding pledges must be honoured;

| 28. | Stresses that the European Investment Bank (EIB) has to be far more actively and transparently involved as a frontrunner in the development of novel financing mechanisms; |
| --- | --- |

28.

Stresses that the European Investment Bank (EIB) has to be far more actively and transparently involved as a frontrunner in the development of novel financing mechanisms;

| 29. | Urges the Commission to take a leading role in the swift enhancement of those mechanisms, including micro- and meso-credit, in particular in order to offer access to financing to vulnerable groups such as women and farmers; |
| --- | --- |

29.

Urges the Commission to take a leading role in the swift enhancement of those mechanisms, including micro- and meso-credit, in particular in order to offer access to financing to vulnerable groups such as women and farmers;

| 30. | Calls upon the EU to ensure that appropriate global regulatory arrangements are put in place to prevent a further financial crisis from occurring; |
| --- | --- |

30.

Calls upon the EU to ensure that appropriate global regulatory arrangements are put in place to prevent a further financial crisis from occurring;

| 31. | Calls upon the Member states to observe and fulfil their ODA commitments; |
| --- | --- |

31.

Calls upon the Member states to observe and fulfil their ODA commitments;

| 32. | Stresses the importance in development terms of policy coherence in areas such as the economy, trade, the environment and agriculture, in order to prevent the global financial and economic crisis from having even more serious effects in developing countries; |
| --- | --- |

32.

Stresses the importance in development terms of policy coherence in areas such as the economy, trade, the environment and agriculture, in order to prevent the global financial and economic crisis from having even more serious effects in developing countries;

| 33. | Instructs its President to forward this resolution to the Council, the Commission, the Member States, the UN organisations, the IMF and the World Bank, the IMF and World Bank Governors from the EU Member States, and the G20 countries. |
| --- | --- |

33.

Instructs its President to forward this resolution to the Council, the Commission, the Member States, the UN organisations, the IMF and the World Bank, the IMF and World Bank Governors from the EU Member States, and the G20 countries.

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(1)  OJ C 291 E, 30.11.2006, p. 118.

(2)  Study commissioned by Parliament's DG EXPO Policy Department; publication forthcoming.

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 7 October 2009

| 26.8.2010 | EN | Official Journal of the European Union | CE 230/11 |
| --- | --- | --- | --- |

26.8.2010

EN

Official Journal of the European Union

CE 230/11

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Wednesday 7 October 2009Setting-up and definition of the powers, composition and term of office of a special committee on the financial, economic and social crisis

P7_TA(2009)0025

European Parliament decision of 7 October 2009 on setting up a special committee on the financial, economic and social crisis, and its powers, numerical composition and term of office

2010/C 230 E/03

The European Parliament,

having regard to the decision of the Conference of Presidents of 17 September 2009 to propose that a special committee on the financial, economic and social crisis be set up and that its powers, numerical composition and term of office be defined,

having regard to Rule 184 of its Rules of Procedure,

| 1. | Decides to set up a special committee on the financial, economic and social crisis, vested with the following powers:






  (a) | to analyse and evaluate the extent of the financial, economic and social crisis, its impact on the Union and its Member States, and the state of world governance, to propose appropriate measures for the long-term reconstruction of sound, stable financial markets able to support sustainable growth, social cohesion and employment at all levels, and to provide an assessment of the effect of those measures and the cost of inaction; |
| --- | --- | --- |

1.

Decides to set up a special committee on the financial, economic and social crisis, vested with the following powers:

(a)

to analyse and evaluate the extent of the financial, economic and social crisis, its impact on the Union and its Member States, and the state of world governance, to propose appropriate measures for the long-term reconstruction of sound, stable financial markets able to support sustainable growth, social cohesion and employment at all levels, and to provide an assessment of the effect of those measures and the cost of inaction;

| (b) | to analyse and evaluate the current implementation of Community legislation in all the areas concerned and the coordination of the measures taken by the Member States to support sustainable qualitative growth and long-term investment, with a view to combating unemployment and responding to demographic and climate challenges, while complying with the subsidiarity principle; |
| --- | --- |

(b)

to analyse and evaluate the current implementation of Community legislation in all the areas concerned and the coordination of the measures taken by the Member States to support sustainable qualitative growth and long-term investment, with a view to combating unemployment and responding to demographic and climate challenges, while complying with the subsidiarity principle;

| (c) | with this end in view, to establish the necessary contacts and hold hearings with the European Union institutions, national, European and international institutions and forums, the national parliaments and governments of the Member States and of third countries, and representatives of the scientific community, business and civil society, including the social partners, in close collaboration with the standing committees; |
| --- | --- |

(c)

with this end in view, to establish the necessary contacts and hold hearings with the European Union institutions, national, European and international institutions and forums, the national parliaments and governments of the Member States and of third countries, and representatives of the scientific community, business and civil society, including the social partners, in close collaboration with the standing committees;

| 2. | Decides, given that the powers of Parliament’s standing committees responsible for the adoption, monitoring and implementation of Community legislation relevant to this area remain unchanged, that the special committee may make recommendations regarding the measures and initiatives to be taken, in close collaboration with the standing committees; |
| --- | --- |

2.

Decides, given that the powers of Parliament’s standing committees responsible for the adoption, monitoring and implementation of Community legislation relevant to this area remain unchanged, that the special committee may make recommendations regarding the measures and initiatives to be taken, in close collaboration with the standing committees;

| 3. | Decides that the special committee shall have 45 members; |
| --- | --- |

3.

Decides that the special committee shall have 45 members;

| 4. | Decides that the term of office of the special committee shall be 12 months, beginning on 8 October 2009, with the possibility of extension; decides that the special committee shall present to Parliament a mid-term report and a final report containing recommendations concerning the measures and initiatives to be taken. |
| --- | --- |

4.

Decides that the term of office of the special committee shall be 12 months, beginning on 8 October 2009, with the possibility of extension; decides that the special committee shall present to Parliament a mid-term report and a final report containing recommendations concerning the measures and initiatives to be taken.

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III Preparatory acts

European Parliament

Thursday 8 October 2009

| 26.8.2010 | EN | Official Journal of the European Union | CE 230/13 |
| --- | --- | --- | --- |

26.8.2010

EN

Official Journal of the European Union

CE 230/13

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Thursday 8 October 2009Mobilisation of the EU Solidarity Fund: Italy, the Abruzzo earthquake

P7_TA(2009)0026

European Parliament resolution of 8 October 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0445 – C7-0122/2009 – 2009/2083(BUD))

2010/C 230 E/04

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0445 – C7-0122/2009),

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 (1), and in particular point 26 thereof,

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

having regard to the Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund,

having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional Development (A7-0021/2009),

| 1. | Approves the decision annexed to this resolution; |
| --- | --- |

1.

Approves the decision annexed to this resolution;

| 2. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

2.

Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

| 3. | Instructs its President to forward this resolution, including its annex, to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward this resolution, including its annex, to the Council and Commission.

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(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 311, 14.11.2002, p. 3.

---

Thursday 8 October 2009ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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 (1), and in particular point 26 thereof,

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

having regard to the proposal from the Commission,

Whereas:

| (1) | The European Union has created a European Union Solidarity Fund (the ‘Fund’) to show solidarity with the population of regions struck by disasters. |
| --- | --- |

(1)

The European Union has created a European Union Solidarity Fund (the ‘Fund’) to show solidarity with the population of regions struck by disasters.

| (2) | The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion. |
| --- | --- |

(2)

The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

| (3) | Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised. |
| --- | --- |

(3)

Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

| (4) | Italy submitted an application to mobilise the Fund, concerning a disaster caused by an earthquake, |
| --- | --- |

(4)

Italy submitted an application to mobilise the Fund, concerning a disaster caused by an earthquake,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2009, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 493 771 159 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels,

For the European Parliament

The President

║

For the Council

The President

║

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(1)  OJ C 139, 14.6.2006, p. 1.

1

(2)  OJ L 311, 14.11.2002, p. 3.

2

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| 26.8.2010 | EN | Official Journal of the European Union | CE 230/15 |
| --- | --- | --- | --- |

26.8.2010

EN

Official Journal of the European Union

CE 230/15

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Thursday 8 October 2009Prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings *

P7_TA(2009)0027

European Parliament legislative resolution of 8 October 2009 on the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for adoption of a Council framework decision 2009/.../JHA on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (08535/2009 – C7-0205/2009 – 2009/0802(CNS))

2010/C 230 E/05

(Consultation procedure)

The European Parliament,

having regard to the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden (08535/2009),

having regard to Article 39(1) and Article 34(2)(b) of the EU Treaty, pursuant to which the Council consulted Parliament (C7-0205/2009),

having regard to Rules 100 and 55 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0011/2009),

| 1. | Approves the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden as amended; |
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1.

Approves the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden as amended;

| 2. | Calls on the Council to amend the text accordingly; |
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2.

Calls on the Council to amend the text accordingly;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
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3.

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

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden substantially; |
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4.

Calls on the Council to consult Parliament again if it intends to amend the initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden substantially;

| 5. | Calls the Council not to formally adopt the initiative prior to the entry into force of the Treaty of Lisbon so as to allow the final act to be finalised ensuring a full role and control by the Court of Justice of the European Union, the Commission and Parliament (Protocol to the Treaty of Lisbon on transitional provisions). This being the case is committed to considering any further proposal by urgent procedure; |
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5.

Calls the Council not to formally adopt the initiative prior to the entry into force of the Treaty of Lisbon so as to allow the final act to be finalised ensuring a full role and control by the Court of Justice of the European Union, the Commission and Parliament (Protocol to the Treaty of Lisbon on transitional provisions). This being the case is committed to considering any further proposal by urgent procedure;

| 6. | Instructs its President to forward its position to the Council and the Commission, and to the governments of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden. |
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6.

Instructs its President to forward its position to the Council and the Commission, and to the governments of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden.

| COUNCIL DRAFT | AMENDMENT |
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| Amendment 1 |
| Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden


  Recital 4 |
| (4) | There should be direct consultations between competent authorities of the Member States with the aim of achieving a consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings and avoiding waste of time and resources of the competent authorities concerned. Such effective solution could notablyconsist in the concentration of the criminal proceedings in one Member State, for example through the transfer of criminal proceedings. It could also consist in any other step allowing efficient and reasonable handling of those proceedings, including concerning the allocation in time,
  for example through a referral of the case to Eurojust when the competent authorities are not able to reach consensus
  . In this respect, specific attention should be paid to the issue of gathering the evidence which can be influenced by the parallel proceedings being conducted. |

COUNCIL DRAFT

AMENDMENT

Amendment 1

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Recital 4

(4)

There should be direct consultations between competent authorities of the Member States with the aim of achieving a consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings and avoiding waste of time and resources of the competent authorities concerned. Such effective solution could notablyconsist in the concentration of the criminal proceedings in one Member State, for example through the transfer of criminal proceedings. It could also consist in any other step allowing efficient and reasonable handling of those proceedings, including concerning the allocation in time,
  for example through a referral of the case to Eurojust when the competent authorities are not able to reach consensus
  . In this respect, specific attention should be paid to the issue of gathering the evidence which can be influenced by the parallel proceedings being conducted.

| (4) | There should be direct consultations between competent authorities of the Member States with the aim of achieving a consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings and avoiding waste of time and resources of the competent authorities concerned. Such effective solution could notablyconsist in the concentration of the criminal proceedings in one Member State, for example through the transfer of criminal proceedings. It could also consist in any other step allowing efficient and reasonable handling of those proceedings, including concerning the allocation in time. In this respect, specific attention should be paid to the issue of gathering the evidence which can be influenced by the parallel proceedings being conducted. |
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(4)

There should be direct consultations between competent authorities of the Member States with the aim of achieving a consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings and avoiding waste of time and resources of the competent authorities concerned. Such effective solution could notablyconsist in the concentration of the criminal proceedings in one Member State, for example through the transfer of criminal proceedings. It could also consist in any other step allowing efficient and reasonable handling of those proceedings, including concerning the allocation in time. In this respect, specific attention should be paid to the issue of gathering the evidence which can be influenced by the parallel proceedings being conducted.

Amendment 2

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Recital 7

| (7) | A competent authority which has been contacted by a competent authority of another Member State should
  have a general obligation to
  reply to the request submitted.
  The contacting authority is encouraged to set a deadline within which the contacted authority should respond, if possible.
  The specific situation of a person deprived of liberty should be fully taken into account by the competent authorities throughout the procedure of taking contact. |
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(7)

A competent authority which has been contacted by a competent authority of another Member State should
  have a general obligation to
  reply to the request submitted.
  The contacting authority is encouraged to set a deadline within which the contacted authority should respond, if possible.
  The specific situation of a person deprived of liberty should be fully taken into account by the competent authorities throughout the procedure of taking contact.

| (7) | A competent authority which has been contacted by a competent authority of another Member State should reply to the request submitted
  by the deadline set
  . The specific situation of a person deprived of liberty should be fully taken into account by the competent authorities throughout the procedure of taking contact. |
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(7)

A competent authority which has been contacted by a competent authority of another Member State should reply to the request submitted
  by the deadline set
  . The specific situation of a person deprived of liberty should be fully taken into account by the competent authorities throughout the procedure of taking contact.

Amendment 3

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Recital 8

| (8) | Direct contact between competent authorities should be the leading
  principle
  of cooperation established under this Framework Decision.
  Member States should have discretion to decide which authorities are competent to act in accordance with this Framework Decision, in compliance with the principle of national procedural autonomy, provided that such authorities have competence to intervene and decide accordingly with its provisions. |
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(8)

Direct contact between competent authorities should be the leading
  principle
  of cooperation established under this Framework Decision.
  Member States should have discretion to decide which authorities are competent to act in accordance with this Framework Decision, in compliance with the principle of national procedural autonomy, provided that such authorities have competence to intervene and decide accordingly with its provisions.

| (8) | Direct contact between competent authorities
  and the involvement of Eurojust
  should be the leading
  principles
  of cooperation established under this Framework Decision. |
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(8)

Direct contact between competent authorities
  and the involvement of Eurojust
  should be the leading
  principles
  of cooperation established under this Framework Decision.

Amendment 4

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Recital 9

| (9) | When striving to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings being conducted in two or more Member States, the competent authorities should take into account that each case is specific and give consideration to all its facts and merits.
  In order to reach consensus, the competent authorities should consider relevant criteria, which may include those set out in the Guidelines which were published in the Eurojust Annual Report 2003 and which were drawn up for the needs of practitioners, and take into account for example the place where the major part of the criminality occurred, the place where the majority of the loss was sustained, the location of the suspected or accused person and possibilities for securing its surrender or extradition to other jurisdictions, the nationality or residence of the suspected or accused person, significant interests of the suspected or accused person, significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur. |
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(9)

When striving to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings being conducted in two or more Member States, the competent authorities should take into account that each case is specific and give consideration to all its facts and merits.
  In order to reach consensus, the competent authorities should consider relevant criteria, which may include those set out in the Guidelines which were published in the Eurojust Annual Report 2003 and which were drawn up for the needs of practitioners, and take into account for example the place where the major part of the criminality occurred, the place where the majority of the loss was sustained, the location of the suspected or accused person and possibilities for securing its surrender or extradition to other jurisdictions, the nationality or residence of the suspected or accused person, significant interests of the suspected or accused person, significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur.

| (9) | When striving to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings being conducted in two or more Member States, the competent authorities should take into account that each case is specific and give consideration to all its facts and merits. |
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(9)

When striving to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings being conducted in two or more Member States, the competent authorities should take into account that each case is specific and give consideration to all its facts and merits.

Amendment 5

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Recital 16

| (16) | This Framework Decision should not lead to undue bureaucracy in cases where for the problems addressed more suitable options are readily available. Thus in situations where more flexible instruments or arrangements are in place between Member States, those should prevail over this Framework Decision. |
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(16)

This Framework Decision should not lead to undue bureaucracy in cases where for the problems addressed more suitable options are readily available. Thus in situations where more flexible instruments or arrangements are in place between Member States, those should prevail over this Framework Decision.

| (16) | This Framework Decision should not lead to undue bureaucracy in cases where for the problems addressed more suitable options are readily available. Thus in situations where more flexible instruments or arrangements are in place between Member States, those should prevail over this Framework Decision
  provided that they do not lower the protection afforded to the suspected or accused person
  . |
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(16)

This Framework Decision should not lead to undue bureaucracy in cases where for the problems addressed more suitable options are readily available. Thus in situations where more flexible instruments or arrangements are in place between Member States, those should prevail over this Framework Decision
  provided that they do not lower the protection afforded to the suspected or accused person
  .

Amendment 6

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Recital 18

| (18) | Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters should apply to the processing of personal data exchanged under this Framework Decision. |
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(18)

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters should apply to the processing of personal data exchanged under this Framework Decision.

| (18) | Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters should apply to the processing of personal data exchanged under this Framework Decision.
  The transmission of information relating to so-called racial or ethnic origin, religion or belief and sexual orientation is expressly prohibited unless strictly necessary for the prevention and settlement of conflicts of jurisdiction in the application of this Framework Decision. |
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(18)

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters should apply to the processing of personal data exchanged under this Framework Decision.
  The transmission of information relating to so-called racial or ethnic origin, religion or belief and sexual orientation is expressly prohibited unless strictly necessary for the prevention and settlement of conflicts of jurisdiction in the application of this Framework Decision.

Amendment 7

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Recital 20

| (20) | This Framework Decision respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union, |
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(20)

This Framework Decision respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,

| (20) | This Framework Decision respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union
  with particular regard to Article 50 thereof
  , |
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(20)

This Framework Decision respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union
  with particular regard to Article 50 thereof
  ,

Amendment 8

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 3 – paragraph 1 – point b

| (b) | ‘competent authority’ means a
  judicial authority
  or another authority, which is competent, under the law of its Member State, to carry out the acts envisaged by Article 2(1) of this Framework Decision; |
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(b)

‘competent authority’ means a
  judicial authority
  or another authority, which is competent, under the law of its Member State, to carry out the acts envisaged by Article 2(1) of this Framework Decision;

| (b) | ‘competent authority’ means a
  judge, investigating magistrate or public prosecutor
  or another
  judicial
  authority, which is competent, under the law of its Member State, to carry out the acts envisaged by Article 2(1) of this Framework Decision; |
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(b)

‘competent authority’ means a
  judge, investigating magistrate or public prosecutor
  or another
  judicial
  authority, which is competent, under the law of its Member State, to carry out the acts envisaged by Article 2(1) of this Framework Decision;

Amendment 9

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 5 – paragraph 3 a (new)

3a.
     
  In accordance with the Eurojust Decision, the contacting authority shall at the same time inform Eurojust.

Amendment 10

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 6 – paragraph 1

1.   The contacted authority shall reply to a request submitted in accordance with Article 5(1) within any reasonable deadline indicated by the contacting authority, or, if no deadline has been indicated,
  without undue delay
  , and inform the contacting authority whether parallel proceedings are taking place in its Member State. In cases where the contacting authority has informed the contacted authority that the suspected or accused person is held in provisional detention or custody, the latter authority shall treat the request as a matter of urgency.

1.   The contacted authority shall reply to a request submitted in accordance with Article 5(1) within any reasonable deadline indicated by the contacting authority, or, if no deadline has been indicated,
  within 30 days
  , and inform the contacting authority whether parallel proceedings are taking place in its Member State. In cases where the contacting authority has informed the contacted authority that the suspected or accused person is held in provisional detention or custody, the latter authority shall treat the request as a matter of urgency.

Amendment 11

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 8 – paragraph 1 – point c

| (c) | all relevant details about the identity
  of the suspected or accused person and about the victims, if applicable; |
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(c)

all relevant details about the identity
  of the suspected or accused person and about the victims, if applicable;

| (c) | name, nationality, date of birth and address
  of the suspected or accused person and of the victims, if applicable,
  and other details that are relevant where there is a suspicion that the identity of the suspected or accused person is false
  ; |
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(c)

name, nationality, date of birth and address
  of the suspected or accused person and of the victims, if applicable,
  and other details that are relevant where there is a suspicion that the identity of the suspected or accused person is false
  ;

Amendment 12

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 10 – paragraph 1

1.   When it is established that parallel proceedings exist, the competent authorities of the Member States concerned shall enter into direct consultations in order to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from such parallel proceedings, which may, where appropriate, lead to the concentration of the criminal proceedings in one Member State.

1.   When it is established that parallel proceedings exist, the competent authorities of the Member States concerned shall
  without undue delay
  enter into direct consultations in order to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from such parallel proceedings, which may, where appropriate, lead to the concentration of the criminal proceedings in one Member State.
  In cases where the suspected or accused person is held in provisional detention or custody, direct consultations shall aim to reach consensus as a matter of urgency.

Amendment 13

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 11

When the competent authorities of Member States enter into direct consultations on a case in order to reach consensus in accordance with Article 10, they shall consider the facts and merits of the case and
  all the
  factors
  which they consider to be relevant.

When the competent authorities of Member States enter into direct consultations on a case in order to reach consensus in accordance with Article 10, they shall consider the facts and merits of the case and factors
  such as:

| — | the place where the major part of the crime was committed, |
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—

the place where the major part of the crime was committed,

| — | the place where the major part of the loss was sustained, |
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—

the place where the major part of the loss was sustained,

| — | the location of the suspected or accused person and the possibilities for securing his or her surrender or extradition to another jurisdiction, |
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—

the location of the suspected or accused person and the possibilities for securing his or her surrender or extradition to another jurisdiction,

| — | the nationality or residence of the suspected or accused person, |
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—

the nationality or residence of the suspected or accused person,

| — | any significant interests of the suspected or accused person, |
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—

any significant interests of the suspected or accused person,

| — | any significant interests of victims and witnesses, |
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—

any significant interests of victims and witnesses,

| — | the admissibility of evidence or |
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—

the admissibility of evidence or

| — | any delays that may occur. |
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—

any delays that may occur.

Amendment 14

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 11 a (new)

Article 11a

Procedural guarantees

The person formally charged shall notably at the trial stage:

| — | be notified of exchanges of information and consultations between authorities of Member States and between authorities of a Member State and Eurojust, as well as of solutions chosen or failure to reach agreement under this Framework Decision, including of actors involved, contents and reasons; |
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—

be notified of exchanges of information and consultations between authorities of Member States and between authorities of a Member State and Eurojust, as well as of solutions chosen or failure to reach agreement under this Framework Decision, including of actors involved, contents and reasons;

| — | have a right to make representations as to the best placed jurisdiction before a solution is chosen; |
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—

have a right to make representations as to the best placed jurisdiction before a solution is chosen;

| — | have a right to appeal against any decision taken in accordance with Article 10(1) or, in case of failure to reach agreement, to have it re-examined. |
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—

have a right to appeal against any decision taken in accordance with Article 10(1) or, in case of failure to reach agreement, to have it re-examined.

Member States shall ensure that appropriate translation, interpretation and legal aid are guaranteed.

Amendment 15

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 11 b (new)

Article 11b

Fundamental rights

Any consensus reached on the basis of Article 10(1) must constitute an expression of fairness, independence and objectivity and must be reached by applying the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, so as to ensure that the human rights of the suspected or accused person are protected.

Amendment 16

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 12 – paragraph 1 a (new)

1a.
     
  Any national authority shall be free, at any stage of a national procedure, to ask for Eurojust's advice and to refer to Eurojust specific cases which raise the question of the best placed jurisdiction.

Amendment 17

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 12 – Paragraph 2 a (new)

2a.
     
  If Member States decide not to comply with the opinion of Eurojust, they shall inform Eurojust in writing of their decision in accordance with Article 7 of the Eurojust Decision.

Amendment 18

Initiative by the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 15 – paragraph 1 – introductory part

1.   Insofar as other legal instruments or arrangements allow the objectives of this Framework Decision to be extended or help to simplify or facilitate the procedure under which national authorities exchange information about their criminal proceedings, enter into direct consultations and try to reach consensus on any effective solution aimed at avoiding adverse consequences arising from the parallel proceedings, the Member States may:

1.   Insofar as other legal instruments or arrangements allow the objectives of this Framework Decision to be extended or help to simplify or facilitate the procedure under which national authorities exchange information about their criminal proceedings, enter into direct consultations and try to reach consensus on any effective solution aimed at avoiding adverse consequences arising from the parallel proceedings
  and provided that the protection afforded to the suspected or accused person is not reduced
  , the Member States may:

Amendment 19

Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden

Article 15 a (new)

Article 15a

Inclusion in annual report

The cases referred to Eurojust on which consensus has not been reached among Member States shall be included in the annual report of Eurojust.

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