**Important legal notice**

*|*

# 52006AP0072

**European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC, Euratom) No 2728/94 establishing a Guarantee Fund for external actions (COM(2005)0130 - C6-0176/2005 - 2005/0025(CNS))***Official Journal 291 E , 30/11/2006 P. 0083 - 0084*

P6_TA(2006)0072

Guarantee Fund for external actions *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC, Euratom) No 2728/94 establishing a Guarantee Fund for external actions (COM(2005)0130 — C6-0176/2005 — 2005/0025(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2005)0130) [1],

- having regard to Article 308 of the EC Treaty and to Article 203 of the EAEC Treaty, pursuant to which the Council consulted Parliament (C6-0176/2005),

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

- having regard to Rules 51 and 35 of its Rules of Procedure,

- having regard to the report of the Committee on Budgets (A6-0054/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty and to Article 119, second paragraph, of the Euratom Treaty;

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

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

Amendment 1

Citation 1

Amendment 2

Citation 2

Amendment 3

Recital 4

(4) Should the reserve created to endow the Guarantee Fund be abolished for the Financial Perspectives 2007–2013, the funding of the Guarantee Fund should be provided for as an obligatory expenditure from the general budget of the European Union.

(4) Should the reserve created to endow the Guarantee Fund be abolished for the Financial Perspectives 2007–2013, the Guarantee Fund should be financed outside the Financial Perspective ceilings and included in the reserve.

Amendment 4

Recital 7

(7) The Treaties do not provide, for the adoption of this Regulation, powers, other than those in Article 308 of the EC Treaty and Article 203 of the Euratom Treaty,

Amendment 5

Article 1, point 4

Article 5, paragraph 2 (Regulation (EC, Euratom) No 2728/94)

2. The calculations based on this smoothing mechanism shall be made separately from the calculations referred to in Article 3, third paragraph, and in Article 4. Nevertheless, they will together result in one annual transfer. The amounts to be paid from the general budget of the European Union under this smoothing mechanism shall be treated as net assets of the Fund for the calculation pursuant to Articles 3 and 4.

2. The calculations based on this smoothing mechanism shall be made separately from the calculations referred to in Article 3, third paragraph, and in Article 4. Nevertheless, they will together result in one annual transfer, but clearly indicating the different parts. The amounts to be paid from the general budget of the European Union under this smoothing mechanism shall be treated as net assets of the Fund for the calculation pursuant to Articles 3 and 4.

Amendment 6

Article 1, point 4

Article 5, paragraph 3 (Regulation (EC, Euratom) No 2728/94)

3. If, as a result of the activation of guarantees on one or more major defaults, resources in the Fund fall below 50 % of the target amount, the Commission shall submit a report on exceptional measures that might be required to replenish the Fund.

3. If, as a result of the activation of guarantees on one or more major defaults, resources in the Fund fall below 75 % of the target amount, the Commission shall immediately inform the budgetary authority as to the reasons for this situation and submit a report on exceptional measures that might be required to replenish the Fund.

[1] Not yet published in OJ.

--------------------------------------------------