# CE2013033EN.01022901.xml

| 5.2.2013 | EN | Official Journal of the European Union | CE 33/229 |
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5.2.2013

EN

Official Journal of the European Union

CE 33/229

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Tuesday 5 July 2011Agency for the operational management of large-scale IT systems in the area of freedom, security and justice ***I

P7_TA(2011)0304

European Parliament legislative resolution of 5 July 2011 on the amended proposal for a regulation of the European Parliament and of the Council establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (COM(2010)0093 – C7-0046/2009 – 2009/0089(COD))

2013/C 33 E/30

(Ordinary legislative procedure: first reading)

The European Parliament,

The European Parliament

| — | having regard to the amended Commission proposal to Parliament and the Council (COM(2010)0093), |
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having regard to the amended Commission proposal to Parliament and the Council (COM(2010)0093),

| — | having regard to Article 294(2), and Article 74, Article 77(2)(a) and (b), Article 78(2)(e), Article 79(2)(c), Article 82(1)(d), Article 85(1), Article 87(2)(a) and Article 88(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0046/2009), |
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having regard to Article 294(2), and Article 74, Article 77(2)(a) and (b), Article 78(2)(e), Article 79(2)(c), Article 82(1)(d), Article 85(1), Article 87(2)(a) and Article 88(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0046/2009),

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

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the Opinion of the European Data Protection Supervisor of 7 December 2009 (1), |
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having regard to the Opinion of the European Data Protection Supervisor of 7 December 2009 (1),

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| — | having regard to the undertaking given by the Council representative by letter of 9 June 2011 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the undertaking given by the Council representative by letter of 9 June 2011 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A7-0241/2011), |
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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A7-0241/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
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1.

Adopts its position at first reading hereinafter set out;

| 2. | Approves the joint statement by Parliament and the Council annexed to this resolution; |
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2.

Approves the joint statement by Parliament and the Council annexed to this resolution;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
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3.

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

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

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

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(1)  OJ C 70, 19.3.2010, p. 13.

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Tuesday 5 July 2011P7_TC1-COD(2009)0089

Position of the European Parliament adopted at first reading on 5 July 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1077/2011.)

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Tuesday 5 July 2011ANNEX TO THE LEGISLATIVE RESOLUTION

Joint Statement of the European Parliament and the Council

The European Parliament and the Council recognise the particular circumstances underlying the specific arrangement on the seat and sites of the Agency and the fact that it does not prejudice the Conclusions of the Representatives of the Member States meeting at Head of State or Government level in Brussels on 13 December 2003 (1) notably as regards the priority to be given to the Member States, which have acceded to the EU in 2004 and 2007, in the distribution of the seats of offices or agencies to be set up in the future.

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(1)  See 05381/2004, p. 27.

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