A4-0349/96

Resolution on the Communication from the Commission to the European Parliament and the Council on the possible application of Article K.9 of the Treaty on European Union (COM(95)0566 - C4-0560/95)

The European Parliament,

- having regard to the Commission Communication to the European Parliament and the Council (COM(95)0566 - C4-0560/95),

- having regard to the Commission report of 27 October 1993 on the possible application of Article K.9 of the Treaty on European Union to asylum policy (SEC(93)1687),

- having regard to its resolutions of 17 May 1995 on the functioning of the Treaty on European Union with a view to the 1996 Intergovernmental Conference ((OJ C 151, 19.6.1995, p. 56.)) and 13 March 1996 embodying (i) Parliament's opinion on the convening of the Intergovernmental Conference and (ii) an evaluation of the work of the Reflection Group and definition of the political priorities of the European Parliament with a view to the Intergovernmental Conference ((OJ C 96, 1.4.1996, p. 77.)), according to which the following should be dealt with through Community procedures and institutions:

. asylum policy (Article K.1(1));

. the rules governing the crossing of the external borders of the Member States (K.1(2));

. immigration policy and policy towards nationals of third countries (Article K.1(3);

. action to combat drug-trafficking (Article K.1(9)), with the inclusion in that article of an explicit reference to trafficking in human beings, especially women and children;

. action to combat international fraud and organized crime (Article K.1(5)), and

. judicial cooperation in civil matters (Article K.1(6));

- having regard to the report of the Reflection Group with a view to the 1996 Intergovernmental Conference,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Legal Affairs and Citizens' Rights and the Committee on Institutional Affairs (A4-0349/96),

A. whereas the Commission and the European Parliament agree that cooperation in the fields of justice and home affairs does not always work satisfactorily and that a majority of the areas of policy covered by this cooperation, in particular asylum and immigration policy, should be communitized,

B. whereas, in seeking to achieve this objective, use of the provisions of Article K.9 does not resolve the problems referred to, especially as this article cites Article 100c as the legal basis, which means that Parliament's role in the legislative process is confined to mere consultation and that the requirement for unanimity in the Council continues to apply,

C. whereas the Reflection Group set up in connection with the Intergovernmental Conference regards reforms to cooperation in the field of justice and home affairs as an urgent priority and whereas it can therefore be assumed that the Intergovernmental Conference will discuss these matters,

D. whereas the communitization of various areas of Title VI at the Intergovernmental Conference offers the opportunity to give the Community institutions a stronger role than would have been possible by the application of Article K.9, e.g. by providing for codecision powers for the European Parliament,

E. whereas the application of Article K.9 does not offer any procedural advantages as against a Treaty amendment by an Intergovernmental Conference, since in both cases unanimity and ratification by all Member States are required,

1. Reiterates its view that the obvious shortcomings of cooperation under Title VI of the TEU, such as inefficiency of decision-making procedures and the lack of democratic controls, transparency and legal certainty make it necessary to bring essential areas of policy within the Community's terms of reference;

2. Regrets once more that the Commission has not long ago taken an initiative to this effect under Article K.9, as called for on many occasions by the European Parliament;

3. Agrees with the Commission that there is no point in communitizing various areas of the Third Pillar simultaneously both at the Intergovernmental Conference and by an initiative under Article K.9, given the risks of duplication and dispersal of effort this would involve;

4. Takes the view, therefore, that the proposal contained in the Commission Communication to the European Parliament and the Council on the possible application of Article K.9 of the Treaty on European Union should be approved;

5. Looks to the Intergovernmental Conference to provide concrete results as regards the definition of clear political objectives, and, inter alia, the communitization of asylum policy, immigration policy, the policy on the crossing of external borders, the fight against drug trafficking, trafficking in human beings, fraud and international corruption, especially where it affects the financial interests of the Communities, and certain areas of judicial cooperation in civil matters;

6. Calls on the Intergovernmental Conference to extend Article K.9 to all remaining areas of Article K.1 and to provide for the Council to decide by qualified majority on the application of Article K.9;

7. Calls on the Commission to examine, immediately after the closure of the Intergovernmental Conference, the results of, and any progress made by, the conference with regard to the communitization of certain areas in the field of justice and home affairs, to report thereon to Parliament and to take an initiative pursuant to Article K.9 if these results do not meet the expectations of the European Parliament;

8. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.