# C_2021494EN.01020001.xml

| 8.12.2021 | EN | Official Journal of the European Union | C 494/200 |
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8.12.2021

EN

Official Journal of the European Union

C 494/200

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P9_TA(2021)0104

Own resource based on non-recycled plastic packaging waste and certain aspects of the GNI-based own resource *

European Parliament legislative resolution of 25 March 2021 on the draft Council regulation on the calculation of the own resource based on plastic packaging waste that is not recycled, on the methods and procedure for making available that own resource, on the measures to meet cash requirements, and on certain aspects of the own resource based on gross national income (13142/2020 — C9-0018/2021 — 2018/0131(NLE))

(Consultation)

(2021/C 494/23)

The European Parliament,

| — | having regard to the Council draft (13142/2020), |
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—

having regard to the Council draft (13142/2020),

| — | having regard to Article 322(2) of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community, pursuant to which the Council consulted Parliament (C9-0018/2021), |
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—

having regard to Article 322(2) of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community, pursuant to which the Council consulted Parliament (C9-0018/2021),

| — | having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (1), |
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—

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (1),

| — | having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (2), and in particular Article 10 thereof, |
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—

having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (2), and in particular Article 10 thereof,

| — | having regard to its resolutions of 14 March 2018 on the next MFF: preparing the Parliament’s position on the MFF post-2020 (3) and on reform of the European Union’s system of own resources (4), |
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having regard to its resolutions of 14 March 2018 on the next MFF: preparing the Parliament’s position on the MFF post-2020 (3) and on reform of the European Union’s system of own resources (4),

| — | having regard to its resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (5), |
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—

having regard to its resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (5),

| — | having regard to its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 — Parliament’s position with a view to an agreement (6), |
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—

having regard to its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 — Parliament’s position with a view to an agreement (6),

| — | having regard to its resolution of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens' expectations (7), |
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having regard to its resolution of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens' expectations (7),

| — | having regard to the statements by the Commission and the Council of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens’ expectations, |
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having regard to the statements by the Commission and the Council of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens’ expectations,

| — | having regard to its resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (8), |
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—

having regard to its resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan (8),

| — | having regard to its legislative resolution of 16 September 2020 on the draft Council decision on the system of own resources of the European Union (9), |
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having regard to its legislative resolution of 16 September 2020 on the draft Council decision on the system of own resources of the European Union (9),

| — | having regard to Rule 82 of its Rules of Procedure, |
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—

having regard to Rule 82 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A9-0048/2021), |
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—

having regard to the report of the Committee on Budgets (A9-0048/2021),

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

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

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

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

Amendment 1

Draft regulation

Recital 13

| Council draft | Amendment |
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| (13) | A reliable and rapid review procedure should be established in order to resolve possible disputes that may arise between a Member State and the Commission concerning the amount of any adjustments to the statements relating to the own resource based on non-recycled plastic packaging waste or concerning whether an alleged failure to provide data can be attributed to a Member State, thereby avoiding time-consuming and costly infringement proceedings before the Court of Justice of the European Union. |

Council draft

Amendment

(13)

A reliable and rapid review procedure should be established in order to resolve possible disputes that may arise between a Member State and the Commission concerning the amount of any adjustments to the statements relating to the own resource based on non-recycled plastic packaging waste or concerning whether an alleged failure to provide data can be attributed to a Member State, thereby avoiding time-consuming and costly infringement proceedings before the Court of Justice of the European Union.

deleted

Amendment 2

Draft regulation

Recital 15

| Council draft | Amendment |
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| (15) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards establishing forms for the statements relating to the own resource based on non-recycled plastic packaging waste
  and as regards further specifying the procedure for the review to resolve possible disputes between a Member State and the Commission
  . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. |

Council draft

Amendment

(15)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards establishing forms for the statements relating to the own resource based on non-recycled plastic packaging waste
  and as regards further specifying the procedure for the review to resolve possible disputes between a Member State and the Commission
  . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

| (15) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards establishing forms for the statements relating to the own resource based on non-recycled plastic packaging waste. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. |
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(15)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards establishing forms for the statements relating to the own resource based on non-recycled plastic packaging waste. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Amendment 3

Draft regulation

Article 9 — paragraph 4

| Council draft | Amendment |
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| 4.
     
  The Member State concerned may request the Commission to review the adjustment communicated in the letter referred to in paragraph 3 within two months from the day of the receipt of that letter. The review shall be concluded with a decision to be adopted by the Commission at the latest three months from the day of receipt of the Member State’s request. Where the Commission’s decision reviews the amounts in full or partially corresponding to the adjustment communicated in the letter referred to in paragraph 3, the Member State shall make available the corresponding amount. Neither the Member State’s request to review the adjustment nor an action for annulment against the Commission’s decision shall affect the Member State’s obligation to make available the amount corresponding to the adjustment. | deleted |

Council draft

Amendment

4.
     
  The Member State concerned may request the Commission to review the adjustment communicated in the letter referred to in paragraph 3 within two months from the day of the receipt of that letter. The review shall be concluded with a decision to be adopted by the Commission at the latest three months from the day of receipt of the Member State’s request. Where the Commission’s decision reviews the amounts in full or partially corresponding to the adjustment communicated in the letter referred to in paragraph 3, the Member State shall make available the corresponding amount. Neither the Member State’s request to review the adjustment nor an action for annulment against the Commission’s decision shall affect the Member State’s obligation to make available the amount corresponding to the adjustment.

deleted

deleted

Amendment 4

Amendment 4

Draft regulation

Draft regulation

Article 9 — paragraph 5

Article 9 — paragraph 5

| Council draft | Amendment |
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| 5.
     
  The Commission may adopt implementing acts further specifying the procedure for the review referred to in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(3). | deleted |

Council draft

Council draft

Amendment

Amendment

5.
     
  The Commission may adopt implementing acts further specifying the procedure for the review referred to in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(3).

deleted

deleted

Amendment 5

Amendment 5

Draft regulation

Draft regulation

Article 11 — paragraph 1 — subparagraph 4

Article 11 — paragraph 1 — subparagraph 4

| Council draft | Amendment |
| --- | --- |
| Disputes between a Member State and the Commission as to whether the alleged failure referred to in point (d) of the first subparagraph of this paragraph can be attributed to the Member State shall be resolved by the review referred to in Article 9(4). | deleted |

Council draft

Council draft

Amendment

Amendment

Disputes between a Member State and the Commission as to whether the alleged failure referred to in point (d) of the first subparagraph of this paragraph can be attributed to the Member State shall be resolved by the review referred to in Article 9(4).

Disputes between a Member State and the Commission as to whether the alleged failure referred to in point (d) of the first subparagraph of this paragraph can be attributed to the Member State shall be resolved by the review referred to in Article 9(4).

deleted

deleted

Amendment 6

Amendment 6

Draft regulation

Draft regulation

Article 11 — paragraph 2

Article 11 — paragraph 2

| Council draft | Amendment |
| --- | --- |
| (2)
     
  Where a Member State initiates the review referred to in Article 9(4), interest shall be calculated as from the date specified by the Commission in accordance with Article 9(3). | deleted |

Council draft

Council draft

Amendment

Amendment

(2)
     
  Where a Member State initiates the review referred to in Article 9(4), interest shall be calculated as from the date specified by the Commission in accordance with Article 9(3).

deleted

deleted

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(1)  Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (OJ L 433 I, 22.12.2020, p. 28).

1

(2)  OJ L 424, 15.12.2020, p. 1.

2

(3)  OJ C 162, 10.5.2019, p. 51.

3

(4)  OJ C 162, 10.5.2019, p. 71.

4

(5)  Texts adopted, P8_TA(2018)0226.

5

(6)  Texts adopted, P8_TA(2018)0449.

6

(7)  Texts adopted, P9_TA(2019)0032.

7

(8)  Texts adopted, P9_TA(2020)0124.

8

(9)  Texts adopted, P9_TA(2020)0220.

9

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