# CE2013153EN.01016601.xml

| 31.5.2013 | EN | Official Journal of the European Union | CE 153/166 |
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31.5.2013

EN

Official Journal of the European Union

CE 153/166

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Tuesday 15 November 2011Coordination of safeguards required of companies (Article 54 TFEU) ***I

P7_TA(2011)0477

European Parliament legislative resolution of 15 November 2011 on the proposal for a directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty on the Functioning of the European Union, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (recast) (COM(2011)0029 – C7-0037/2011 – 2011/0011(COD))

2013/C 153 E/24

(Ordinary legislative procedure – recast)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0029), |
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having regard to the Commission proposal to Parliament and the Council (COM(2011)0029),

| — | having regard to Article 294(2) and Article 50(2)(g) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0037/2011), |
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having regard to Article 294(2) and Article 50(2)(g) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0037/2011),

| — | having regard to Article 294(3) and Article 50(1) and (2)(g) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(3) and Article 50(1) and (2)(g) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 15 March 2011 (1), |
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having regard to the opinion of the European Economic and Social Committee of 15 March 2011 (1),

1

| — | having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2), |
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having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2),

2

| — | having regard to Rules 87 and 55 of its Rules of Procedure, |
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having regard to Rules 87 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0348/2011), |
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having regard to the report of the Committee on Legal Affairs (A7-0348/2011),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance, |
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A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

| 1. | Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
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1.

Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
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2.

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

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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3.

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

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(1)  OJ C 132, 3.5.2011, p. 113.

1

(2)  OJ C 77, 28.3.2002, p. 1.

2

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Tuesday 15 November 2011P7_TC1-COD(2011)0011

Position of the European Parliament adopted at first reading on 15 November 2011 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty on the Functioning of the European Union, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (Recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/30/EU.)

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