European Parliament resolution on the updating of certain legal aspects concerning intra-EU investment
Date: 2001-04-05
Institutions: European Parliament
Subjects: European Commission, investment, legislation, single market

C 21 E/338

Official Journal of the European Communities

EN

24.1.2002

Thursday 5 April 2001

European Parliament legislative resolution on the proposal for a Council regulation amending
Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable
crops (COM(2001) 87 (cid:129) C5-0083/2001 (cid:129) 2001/0043(CNS))

(Consultation procedure)

The European Parliament,

(cid:129) having regard to the Commission proposal to the Council (COM(2001) 87),

(cid:129) having been consulted by the Council pursuant to Articles 36 and 37 of the EC Treaty (C5-0083/

2001),

(cid:129) having regard to Rule 67 of its Rules of Procedure,

(cid:129) having regard to the report of the Committee on Agriculture and Rural Development (A5-0117/

2001),

1.

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

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

3.
Parliament;

4.

5.

Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

Instructs its President to forward its position to the Council and Commission.

11. Intra-EU investment ((cid:145)Golden Share(cid:146))

B5-0249, 0250, 0255 and 0256/2001

European Parliament resolution on the updating of certain legal aspects concerning intra-EU
investment

The European Parliament,

(cid:129) having regard to Articles 43, 56, 192(2), 222 and 295 of the EC Treaty,

(cid:129) having regard to the Commission communication adopted in 1997 on certain legal aspects concern-

ing intra-EU investment (1),

(cid:129) having regard to the Presidency Conclusions of the European Council adopted in Lisbon on 24 March

2000 and in Stockholm on 24 March 2001,

A. whereas the content of the abovementioned communication cannot be seen as binding, since the
Commission clearly overstretched its powers by not discussing this important item of (cid:145)soft law(cid:146) with
the Council and the European Parliament,

B. whereas the Commission nevertheless initiated legal action against the Member States whose legis-
lation was not in accordance with the interpretation of the Treaty contained in that communication,

C. whereas, thus far, the Commission has brought legal action before the European Court of Justice
against Belgium, France, Italy, Spain, Portugal and the United Kingdom; whereas the infringement
procedures against Denmark, Germany and the Netherlands are at a less advanced stage,

(1) OJ C 220, 19.7.1997, p. 15.

24.1.2002

EN

Official Journal of the European Communities

C 21 E/339

Thursday 5 April 2001

D. whereas the European Court of Justice has not yet ruled on the substance of those cases,

E. whereas, while it is indeed the responsibility of the Commission to bring actions against Member
States before the European Court of Justice in infringement proceedings, it is not for the Commission
to unilaterally set up the legal framework under which the actions are brought,

F. whereas the adoption of the rules governing intra-EU investment should be left for Parliament and the

Council, acting on a proposal from the Commission,

G. whereas the communication itself is no longer updated to recent economic developments,

Notes that Member States are opening up their markets to competition at differing speeds and that
1.
measures are needed to ensure that enterprises still benefiting from a monopoly situation on their national
markets do not unduly benefit from that situation when operating on liberalised markets in other Member
States, and that measures are needed to combat new monopoly situations in the internal market;

Is aware that it is the responsibility of the Commission to bring actions before the European Court of
2.
Justice against Member States which breach the Treaty, but points out that the Commission should not
unilaterally set up the legal framework under which actions are brought; insists that rules governing intra-
EU investment should be adopted by Parliament and the Council, on the basis of a proposal from the
Commission;

3.
Calls on the Commission to cease using the abovementioned communication as the basis for its
infringement procedures and immediately to propose a directive to replace the abovementioned communi-
cation;

Instructs its President to forward this resolution to the Commission, the Council and the govern-

4.
ments of the Member States.

12. Foot-and-mouth disease

B5-0304, 0305, 0306, 0307, 0308 and 0309/2001

European Parliament resolution on the statement of the European Commission on foot-and-mouth
disease in the European Union

The European Parliament,

(cid:129) having regard to the policy of non-vaccination since 1991, as introduced by Council Directive 92/
119/EEC and Council Directive 85/511/EEC, as amended by Directive 90/423/EEC, on Community
measures for the control of foot-and-mouth disease (FMD),

(cid:129) having regard to Commission decisions following the outbreak of foot-and-mouth disease in the UK
on 20 February 2001 (2001/145/EC, 2001/172/EC, 2001/190/EC, 2001/208/EC, 2001/223/EC),

(cid:129) having regard to the report (cid:145)Strategy for emergency vaccination against foot-and-mouth disease(cid:146),
adopted on 10 March 1999 by the Scientific Committee on Animal Health and Animal Welfare,

A. whereas the rapid spread of foot-and-mouth disease has had disastrous effects on rural economies and

entire rural regions, affecting farming, processing, trade and tourism,

B. whereas there are problems relating to the current non-vaccination policy and whereas the destruction

of healthy animals seriously compromises animal welfare,

C. whereas there are alternatives to the non-vaccination policy which have been successfully applied in

certain European states before 1991 and which are still applied in third countries,