— having regard to Draft amending budget No 6/2005, which the Council established on 3 October 2005
(12180/2005 —C6-0304/2005),
— having regard to its resolution of 25 October 2005 on Draft amending budget No 6/2005 of the
European Union for the financial year 2005, Section IV —Court of Justice —Establishment of the
Civil Service Tribunal (1),
— having regard to its amendment of 25 October 2005 to Draft amending budget No 6/2005 (2),
— having regard to the Council's rejection of 21 November 2005 of the amendment adopted by Parlia-
ment to Draft amending budget No 6/2005 (SGS5/13784),
— having regard to Rule 69 of and Annex IV to its Rules of Procedure,
— having regard to the report of the Committee on Budgets (A6-0336/2005),
1. Takes note of Council's second reading;
2. Confirms its decision taken at first reading;
3. Instructs its President to declare that Amending budget No 6/2005 has been finally adopted and to
arrange for its publication in the Official Journal of the European Union;
4. Instructs its President to forward this resolution to the Council, the Commission and the Court of
Justice.
(1) Texts Adopted ,P6_TA(2005)0392.
(2) Texts Adopted ,P6_TA(2005)0391.
P6_TA(2005)0453
Budgetary discipline
European Parliament resolution on the Interinstitutional Agreement on budgetary discipline and
improvement of the budgetary procedure (2005/2237(INI))
The European Parliament ,
— having regard to the EC Treaty and in particular Article 272 thereof,
— having regard to the Communications from the Commission to the Council and the European Parlia-
ment of 26 February 2004 entitled ‘Building our common future: Policy challenges and budgetary
means of the Enlarged Union 2007-2013 ’COM(2004)0101 and of 14 July 2004 entitled ‘Financial
Perspectives 2007-2013 ’(COM(2004)0487) and to the Commission working document of 12 April
2005 entitled ‘Technical adjustments to the Commission proposal for the multiannual financial frame-
work 2007-2013 ’SEC(2005)0494,
— having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the
Council and the Commission on budgetary discipline and improvement of the budgetary procedure (1)
and in particular point 26 thereof,
— having regard to its resolution of 8 June 2005 on Policy Challenges and Budgetary Means of the
Enlarged Union 2007-2013 (2),
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Budgets (A6-0356/2005),
(1) OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the European Parliament and of
the Council (OJ L 269, 14.10.2005, p. 24).
(2) Texts Adopted, P6_TA(2005)0224.22.11.2006 EN C 285 E/77 Official Journal of the European Union
Thursday 1 December 2005
A. whereas the current financial perspective will in principle end in 2006,
B. whereas most Community legislation for multiannual programmes with financial implications must be
renewed from 2007 onwards,
C. whereas the current financial perspective is part of the Interinstitutional Agreement on budgetary dis-
cipline and improvement of the budgetary procedure, which can only be concluded on the basis of ajoint agreement between the two arms of the budgetary authority,
D. whereas, in the absence of a financial perspective, Article 272 of the Treaty provides for annual budgets,
E. whereas it adopted a negotiating position which defines its political priorities for the future financial
perspective and a proposal to restructure the EU budget and promote the quality of implementation by
improving procedures,
1. Reconfirms its position as set out in its above-mentioned resolution of 8 June 2005;
2. Confirms its will to make all efforts to reach agreement on the next financial perspective and Inter-
institutional Agreement which would be acceptable in order to preserve the responsibilities and the ambi-tions of the European Union over a new multi-annual period;
3. Shares the Commission's concerns to reach an agreement in time to ensure continuity and reform of
programmes and to prepare the next period in time for the beginning of the budgetary procedure for 2007(April 2007);
4. Takes note of President Barroso's letter of 20 October 2005 setting out the Commission's contribution
to the final phase of negotiations, considers some aspects of these proposals useful, but reminds the Com-mission and the Council of the importance of all the points set out in its above-mentioned resolution of8 June 2005 to complementing the financial perspective 2007-2013 and considers their integration in theInterinstitutional Agreement to be essential to any new financial perspective;
5. Invites the Commission to submit a formal revised proposal of the Interinstitutional Agreement which
would incorporate its proposals on reserves and flexibility and other qualitative points set out its above-mentioned resolution of 8 June 2005;
6. Stresses that there will be no financial perspective without an agreement on an Interinstitutional
Agreement; recalls that, in this context, Parliament adopted non-negotiable points such as the creation of arevision clause, reserves for flexibility, improvement of the quality of implementation through the revisionof the Financial Regulation, simplification of the administrative burden, certification by Member States andrespect for Parliament's rights in the external programmes;
7. Notes that the differences of opinion that prevented an agreement from being reached at the European
Council meeting of 17 June 2005 had less to do with the level or breakdown of expenditure than with how
expenditure was to be funded, which confirms that any overall agreement on the financial perspective will
need to include an agreement on the principle of a reform of the current own-resources system;
8. Invites the Council to express, in its common position and negotiation mandate, its serious will to
negotiate by including not only a proposal for a financial framework but also points on how to improve thestructure of the budget and the quality of budgetary execution and implementation and how to accom-modate the Lisbon Strategy following the example of the Parliament's negotiation position;
9. Reminds the Council that there will be no financial perspective and no Interinstitutional Agreement
without an agreement between the European Parliament and the Council; also recalls that, since it adoptedits negotiating position on 8 June 2005 in due time, it will reject any attempt to hold it responsible for anydelay in reaching agreement;C 285 E/78 EN 22.11.2006 Official Journal of the European Union
Thursday 1 December 2005
10. Reminds the Council that in absence of a financial perspective 2007-2013 and a new Interinstitu-
tional Agreement the financial needs of the European Union, including needs for multi-annual programmes,can be ensured under Article 272 of the Treaty or in an amended point 26 of the Interinstitutional Agree-ment of 6 May 1999,
11. Instructs its President to forward this resolution to the Council and Commission.
P6_TA(2005)0454
Compulsory licensing for pharmaceutical patents ***I
European Parliament legislative resolution on the proposal for a regulation of the European Parlia-
ment and of the Council on compulsory licensing of patents relating to the manufacture of phar-maceutical products for export to countries with public health problems (COM(2004)0737 —
C6-0168/2004 —2004/0258(COD))
(Codecision procedure: first reading)
The European Parliament ,
— having regard to the Commission proposal to the European Parliament and the Council (COM(2004)
0737) (
1),
— having regard to Article 251(2) and Articles 95 and 133 of the EC Treaty, pursuant to which the Com-
mission submitted the proposal to Parliament (C6-0168/2004),
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on International Trade and the opinions of the Com-
mittee on Development, the Committee on the Environment, Public Health and Food Safety and theCommittee on Legal Affairs (A6-0242/2005),
1. Approves the Commission proposal as amended;
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 and the Commission.
(1) Not yet published in OJ.
P6_TC1-COD(2004)0258
Position of the European Parliament adopted at first reading on 1 December 2005 with a view to
the adoption of Regulation (EC) No …/2006 of the European Parliament and of the Council on
compulsory licensing of patents relating to the manufacture of pharmaceutical products for export
to countries with public health problems
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 133
thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee (1),
(1) OJ C 286, 17.11.2005, p. 4.22.11.2006 EN C 285 E/79 Official Journal of the European Union
Thursday 1 December 2005