# C_2018238EN.01040401.xml

| 6.7.2018 | EN | Official Journal of the European Union | C 238/404 |
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6.7.2018

EN

Official Journal of the European Union

C 238/404

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P8_TA(2016)0497

Domestic passenger transport services by rail ***II

European Parliament legislative resolution of 14 December 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (11198/1/2016 — C8-0425/2016 — 2013/0028(COD))

(Ordinary legislative procedure: second reading)

(2018/C 238/27)

The European Parliament,

The European Parliament

| — | having regard to the Council position at first reading (11198/1/2016 — C8-0425/2016), |
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having regard to the Council position at first reading (11198/1/2016 — C8-0425/2016),

| — | having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies, the Netherlands Senate and the Netherlands House of Representatives, the Austrian Federal Council and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
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having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies, the Netherlands Senate and the Netherlands House of Representatives, the Austrian Federal Council and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 11 July 2013 (1), |
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having regard to the opinion of the European Economic and Social Committee of 11 July 2013 (1),

1

| — | having regard to the opinion of the Committee of the Regions of 8 October 2013 (2), |
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having regard to the opinion of the Committee of the Regions of 8 October 2013 (2),

2

| — | having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2013)0028), |
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having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2013)0028),

3

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 76 of its Rules of Procedure, |
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having regard to Rule 76 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0373/2016), |
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having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0373/2016),

| 1. | Approves the Council position at first reading; |
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1.

Approves the Council position at first reading;

| 2. | Approves the statement annexed to this resolution; |
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2.

Approves the statement annexed to this resolution;

| 3. | Notes that the act is adopted in accordance with the Council position; |
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3.

Notes that the act is adopted in accordance with the Council position;

| 4. | Suggests that the act be cited as ‘the van de Camp-Dijksma Regulation on the opening of the market for domestic passenger transport services by rail’ (4); |
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4.

Suggests that the act be cited as ‘the van de Camp-Dijksma Regulation on the opening of the market for domestic passenger transport services by rail’ (4

| 5. | Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
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5.

Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

| 6. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
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6.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union

| 7. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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7.

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

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(1)  OJ C 327, 12.11.2013, p. 122.

1

(2)  OJ C 356, 5.12.2013, p. 92.

2

(3)  Texts adopted of 26.2.2014, P7_TA(2014)0148.

3

(4)  Wim van de Camp and Sharon Dijksma led the negotiations on the act on behalf of Parliament and the Council respectively.

4

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ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament on the transfer of staff

According to Recital 14 and Article 4, paragraphs 4a, 4b and 6, Member States must fully respect Directive 2001/23/EC relating to the safeguarding of employees' rights in the event of transfers of undertakings and are entitled to go beyond the application of this Directive taking additional measures for staff protection in compliance with Union law, such as requiring a mandatory transfer of staff even if Directive 2001/23/EC would not apply.

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