A4-0079/95

Proposal for a Council Regulation amending Council Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (COM(94)0601 - C4-0128/95 - 94/0326(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

>Text following EP vote>

Whereas Article 138e of the Treaty establishing the European Community provides that the Ombudsman appointed by the European Parliament shall perform his duties in complete independence; whereas, in its decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties(2) the European Parliament decided that the Ombudsman should be assisted by a secretariat and that, in all matters concerning his staff, the Ombudsman shall have the same status as the institutions within the meaning of the Staff Regulations of Officials of the European Communities; whereas this decision implies a modification of the scope of application of the Staff Regulations which has to be carried out in accordance with the appropriate procedures i.e. a formal modification of Article 1 of the Staff Regulations.

(2) OJ L 113, 4.5.1994, p. 15.

(Amendment 2)

ARTICLE 1

Article 1, second paragraph (Staff Regulations of Officials)

>Original text>

Save as otherwise provided, the Economic and Social Committee and the Committee of the Regions shall, for the purposes of these Staff Regulations, be treated as institutions of the Communities.

>Text following EP vote>

Save as otherwise provided, the Economic and Social Committee, the Committee of the Regions and the Ombudsman shall, for the purposes of these Staff Regulations, be treated as institutions of the Communities.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Council Regulation (EEC, Euratom, ECSC) No. 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (COM(94)0601 - C4-0128/95 - 94/0326(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0601 - 94/0326(CNS) ((OJ C 382, 31.12.1994, p. 3.)),

- having been consulted by the Council pursuant to Article 24 of the Treaty establishing a Single Council and a Single Commission of the European Communities (C4-0128/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights (A4-0079/95),

1. Approves the Commission proposal subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

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

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.