P6_TA(2004)0105

Application of Article 251 of the EC Treaty *

European Parliament legislative resolution on the proposal for a Council decision providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure referred to in Article 251 of that Treaty (15130/2004 — C6-0208/2004 — 2004/0816(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Council proposal (15130/2004) [1],

- having regard to Article 67 (2), second indent, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0208/2004),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0072/2004),

1. Approves the Council proposal as amended;

2. Calls on the Council to alter its proposal accordingly;

3. Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

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

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

TEXT PROPOSED BY THE COUNCIL | AMENDMENTS BY PARLIAMENT |

Amendment 1

Title

Draft Decision of the Council providing for certain areas covered by Title IV of Part three of the Treaty establishing the European Community to be governed by the procedure referred to in Article 251 of that Treaty | Draft Decision of the Council implementing Article 67 (2), second indent, of the Treaty establishing the European Community |

Amendment 2

Recital 7

(7) However, the European Council took the view that, pending the entry into force of the Treaty establishing a Constitution for Europe, the Council should continue to act unanimously after consulting the European Parliament when adopting measures in the field of the legal migration of third-country nationals to and between Member States referred to in Article 63 (3) (a) and (4) of the Treaty. | (7) The Member States have already agreed, on 29 October 2004, at the time of the signature of the Treaty establishing a Constitution for Europe, that the measures provided for in Article 63 (3) (a) and (4) of the EC Treaty relating to legal immigration must not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed. |

Amendment 3

Recital 10a (new)

| (10a) It is vital and urgent to abolish the limits which Article 68 of the EC Treaty imposes on the jurisdiction of the Court in the fields covered by Title IV of the EC Treaty; the European Council accordingly asked the Commission on 5 November 2004 to submit, after consulting the Court, a proposal for a Council decision establishing, pursuant to Article 225a of the EC Treaty, a specialised panel for actions relating to matters provided for in the said Title IV. |

Amendment 4

Article 1, paragraph 2a (new)

| 2a. With effect from 1 January 2005, the Council shall act in accordance with the procedure laid down in Article 251 of the EC Treaty for the purpose of adopting the measures referred to in Article 63 (3)(a) and (4) of that Treaty. As agreed on 29 October 2004, at the time of the signature of the Treaty establishing a Constitution for Europe, those measures must not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed. |

Amendment 5

Article 3a (new)

| Article 3a Article 68(1) and (2) of the EC Treaty shall no longer apply from the date of entry into force of this Decision. |

[1] Not yet published in OJ.

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