P6_TA(2005)0263

African-Eurasian migratory waterbirds *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion by the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (COM(2004)0531 — C6-0048/2005 — 2004/0181(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the proposal for a Council decision (COM(2004)0531) [1],

- having regard to the Agreement on the Conservation of African-Eurasian Migratory Waterbirds,

- having regard to Article 175(1) and Article 300(2), first sentence of the first subparagraph, of the EC Treaty,

- having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0048/2005),

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

- having regard to Rules 51, 83(7) and 35 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0187/2005),

1. Approves the proposal for a Council decision as amended and approves conclusion of the agreement;

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

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Citation 1

Having regard to the Treaty establishing the European Community, and in particular, Article 175(1), in conjunction with Article 300(2), first sentence of the first subparagraph and Article 300(3), first subparagraph thereof, | Having regard to the Treaty establishing the European Community, and in particular, Article 175(1), in conjunction with Article 300(2), first sentence of the first subparagraph, Article 300(3), first subparagraph and Article 300 (4) thereof, |

Amendment 2

Recital 5a (new)

| (5a) Migratory waterbirds play an important role in worldwide biodiversity and should, in accordance with the 1992 Convention on Biological Diversity, be conserved for future generations. |

Amendment 3

Recital 7a (new)

| (7a) Where the Commission, on behalf of the Community and within the terms of its mandate, negotiates amendments to the Action Plan referred to in Annex 3 to the Agreement, it should take account, in particular, of the conservation measures listed in Article III(2) of the Agreement. |

Amendment 4

Article 3

The Commission is hereby authorised to negotiate and approve, on behalf of the Community, any amendments to the Action Plan provided for by Article IV of the Agreement and the amendments of the Agreement provided for by Article X. The Commission should conduct these negotiations in consultation with a special committee designated by the Council. It shall ensure that the decisions adopted under the Agreement are consistent with the existing Community legislation and with the objectives of the Community's policies. | In respect of matters falling within the Community's competence, the Commission is authorised to approve, on behalf of the Community, amendments to the Annexes to the Agreement adopted in accordance with Article X(5) thereof. |

| The Commission shall, in carrying out this task, be assisted by a special committee designated by the Council. If an amendment to the Annexes to the Agreement has not been transposed into the relevant Community legislation within 90 days of the date of its adoption by the Meeting of the Parties, the Commission shall enter a reservation with respect to that amendment by written notification to the Depository in accordance with Article X(6) of the Agreement. If the amendment is subsequently thus transposed, the Commission shall withdraw the reservation without delay. |

[1] Not yet published in OJ.

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