ddrg/super_eurlex huggingface dataset:
—

having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0300/2015),
P8_TA(2016)0145

Railway safety ***II

European Parliament legislative resolution of 28 April 2016 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on railway safety (recast) (10580/1/2015 — C8-0417/2015 — 2013/0016(COD))

(Ordinary legislative procedure: second reading)

(2018/C 066/13)

The European Parliament,

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Romanian Senate and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

having regard to the opinion of the Committee of the Regions of 8 October 2013 (2) ,

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2013)0031),

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0056/2016),

Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication, together with the Commission statement thereon, in the Official Journal of the European Union;

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 327, 12.11.2013, p. 122.

(2) OJ C 356, 5.12.2013, p. 92.

(3) Texts adopted of 26.2.2014, P7_TA(2014)0150.

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the Commission on explanatory documents

The Commission recalls that the European Parliament, the Council and the Commission acknowledged in their Joint Political Declaration of 27 October 2011 on explanatory documents that the information Member States supply to the Commission as regards the transposition of directives in national law ‘must be clear and precise’ in order to facilitate the achievement by the Commission of its task overseeing the application of Union law. In the present case, explanatory documents could have been useful to this end. The Commission regrets that the final text does not contain provisions to this effect.
Calls on the Commission to assess, after the entry into force of the new Europol Regulation (2013/0091(COD)), the provisions contained in the cooperation agreement; calls on the Commission to inform Parliament and the Council of the outcome of this assessment and, if appropriate, to submit a recommendation for an authorisation to open international renegotiation of the agreement;
EN Official Journal of the European Union C 86/151

P8_TA(2016)0242

Eliminating illicit trade in tobacco products: protocol to the WHO Framework Convention (judicial cooperation in criminal matters) ***

European Parliament legislative resolution of 7 June 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences (14387/2015 — C8-0119/2016 — 2015/0100(NLE))

(Consent)

(2018/C 086/25)

The European Parliament,

— having regard to the draft Council decision (14387/2015),

— having regard to the draft Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control (15044/2013),

— having regard to the request for consent submitted by the Council in accordance with Article 82(1) and Article 83, and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0119/2016),

— having regard to its resolution of 9 March 2016 on the tobacco agreement (PMI agreement) (1),

— having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,

— having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgetary Control (A8-0198/2016),

1. Gives its consent to conclusion of the Protocol;

2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, Europol, Eurojust and OLAF.

(1) Texts adopted, P8_TA(2016)0082.
—

having regard to the draft Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part (11516/2006),
1. Member States shall not exempt a taxpayer from tax on foreign income which the taxpayer received as a profit distribution from an entity in a third country or as proceeds from the disposal of shares held in an entity in a third country or as income from a permanent establishment situated in a third country where the entity or the permanent establishment is subject, in the entity’s country of residence or the country in which the permanent establishment is situated, to a tax on profits at a statutory corporate tax rate lower than 40 percent of the statutory tax rate that would have been charged under the applicable corporate tax system in the Member State of the taxpayer . In those circumstances, the taxpayer shall be subject to tax on the foreign income with a deduction of the tax paid in the third country from its tax liability in its state of residence for tax purposes. The deduction shall not exceed the amount of tax, as computed before the deduction, which is attributable to the income that may be taxed.

1. Member States shall not exempt a taxpayer from tax on foreign income , that does not arise from active business, which the taxpayer received as a profit distribution from an entity in a third country or as proceeds from the disposal of shares held in an entity in a third country or as income from a permanent establishment situated in a third country where the entity or the permanent establishment is subject, in the entity's country of residence or the country in which the permanent establishment is situated, to a tax on profits at a statutory corporate tax rate lower than 15 percent. In those circumstances, the taxpayer shall be subject to tax on the foreign income with a deduction of the tax paid in the third country from its tax liability in its state of residence for tax purposes. The deduction shall not exceed the amount of tax, as computed before the deduction, which is attributable to the income that may be taxed. In order to benefit from the exemption, the taxpayer will have to prove to its tax authorities that the foreign income arises from an active business, supported by commensurate staff, equipment, assets and premises which justify the income attributed to it.
—

having regard to the request for consent submitted by the Council in accordance with Article 207(3), Article 207(4), first subparagraph and Article 209(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0406/2016),
—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,
—

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate, the Lithuanian Parliament, the Luxembourg Chamber of Deputies, the Netherlands Senate, the Netherlands House of Representatives and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,
—

having regard to the request for consent submitted by the Council in accordance with Article 77(2)(a) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0388/2016),
—

having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0405/2016),
P8_TA(2017)0005

EU-Kosovo Stabilisation and Association Agreement: procedures for its application ***I

European Parliament legislative resolution of 19 January 2017 on the proposal for a regulation of the European Parliament and of the Council on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*1) of the other part (COM(2016)0460 — C8-0327/2016 — 2016/0218(COD))

(Ordinary legislative procedure: first reading)

(2018/C 242/08)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2016)0460),

having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0327/2016),

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

having regard to the letter from the Committee on Foreign Affairs,

having regard to the undertaking given by the Council representative by letter of 12 December 2016 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

having regard to the report of the Committee on International Trade (A8-0361/2016),

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(*1) This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.

P8_TC1-COD(2016)0218

Position of the European Parliament adopted at first reading on 19 January 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*1) of the other part

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/355.)

(*1) This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.
P8_TA(2017)0058

EU-Liechtenstein Agreement on supplementary rules in relation to the instrument for financial support for external borders and visa ***

European Parliament legislative resolution of 2 March 2017 on the draft Council decision on the conclusion on behalf of the European Union of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (12852/2016 — C8-0515/2016 — 2016/0247(NLE))

(Consent)

(2018/C 263/24)

The European Parliament,

— having regard to the draft Council decision (12852/2016),

— having regard to the draft Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (12881/2016),

— having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0515/2016),

— having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

— having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0025/2017),

1. Gives its consent to conclusion of the agreement;
P8_TA(2017)0141

Union programme to support specific activities in the field of financial reporting and auditing ***I

European Parliament legislative resolution of 27 April 2017 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 258/2014 establishing a Union Programme to support specific activities in the field of financial reporting and auditing for the period of 2014-20 (COM(2016)0202 — C8-0145/2016 — 2016/0110(COD))

(Ordinary legislative procedure: first reading)

(2018/C 298/52)

The European Parliament,

— having regard to the Commission proposal to Parliament and the Council (COM(2016)0202),

— having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0145/2016),

— having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

— having regard to the opinion of the European Economic and Social Committee of 25 May 2016 (1)

— having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 March 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

— having regard to Rule 59 of its Rules of Procedure,

— having regard to the report of the Committee on Economic and Monetary Affairs (A8-0291/2016),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 303, 19.8.2016, p. 147.
—

having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0102/2017),
2. At the request of a Member State or on the Commission’s initiative, the Commission shall take a formal decision to initiate an investigation within a reasonable period of time. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed four months from the date of publication of the notice, within which interested parties may make their views known in writing

2. At the request of a Member State , any legal person or any association not having legal personality, acting on behalf of Union industry, meaning all or a major proportion of Union producers of like or directly competing products, or on the Commission’s own initiative , if it is apparent to the Commission that there is sufficient prima facie evidence , the Commission shall take a formal decision to initiate an investigation within a reasonable period of time. For the purposes of this Article, ’major proportion’ means Union producers whose collective output constitutes more than 50 % of the total Union production of the like or directly competing products produced by that portion of the Union industry expressing either support for or opposition to the request and no less than 25 % of total production of the like or directly competing products produced by the Union industry. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed four months from the date of publication of the notice, within which interested parties may make their views known in writing.
P8_TA(2017)0312

Permitted uses of certain works and other protected subject-matter for the benefit of persons who are blind, visually impaired or otherwise print disabled ***I

European Parliament legislative resolution of 6 July 2017 on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (COM(2016)0596 — C8-0381/2016 — 2016/0278(COD))

(Ordinary legislative procedure: first reading)

(2018/C 334/40)

The European Parliament,

— having regard to the Commission proposal to Parliament and the Council (COM(2016)0596),

— having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0381/2016),

— having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

— having regard to the opinion of the European Economic and Social Committee of 25 January 2017 (1),

— having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 May 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

— having regard to Rule 59 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Culture and Education and the Committee on Petitions (A8-0097/2017),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 125, 21.4.2017, p. 27.
—

having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0242/2017),
P8_TC1-COD(2016)0368

Position of the European Parliament adopted at first reading on 12 September 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council repealing Regulations (EC) No 2888/2000 and (EC) No 685/2001 of the European Parliament and of the Council and Council Regulation (EEC) No 1101/89

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/1952.)
P8_TA(2017)0411

Establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the EU external borders ***I

European Parliament legislative resolution of 25 October 2017 on the proposal for a regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 (COM(2016)0194 — C8-0135/2016 — 2016/0106(COD))

(Ordinary legislative procedure: first reading)

(2018/C 346/57)

The European Parliament,

— having regard to the Commission proposal to Parliament and the Council (COM(2016)0194),

— having regard to Article 294(2), Article 77(2)(b) and (d), Article 87(2)(a) and Article 88(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0135/2016),

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

— having regard to Article 294(3), Article 77(2)(b) and (d) and Article 87(2)(a) of the Treaty on the Functioning of the European Union,

— having regard to the opinion of the European Economic and Social Committee of 21 September 2016 (1),

— after consulting the Committee of the Regions,

— having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 12 July 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

— having regard to Rule 59 and 39 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0057/2017),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 487, 28.12.2016, p. 66.