European Parliament legislative resolution on the proposal for a Council decision providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure referred to in Article251 of that Treaty (15130/2004 — C6-0208/2004 — 2004/0816(CNS))
Date: 2004-12-16
Institutions: European Parliament
Subjects: Court of Justice of the European Union, European Constitution, admission of aliens, codecision procedure, competence of the Member States, migration policy, powers of the institutions (EU)

15.9.2005

EN

Official Journal of the European Union

C 226 E/341

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

— having regard to the report of the Committee on Fisheries and the opinion of the Committee on

Budgets (A6-0040/2004),

Thursday 16 December 2004

Approves the proposal for a Council regulation as amended and approves conclusion of the agree-

1.
ment;

Instructs its President to forward its position to the Council and Commission, and the governments

2.
and parliaments of the Member States and the Union of the Comoros.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Article 3a (new)

Article 3a

Before the extension of the Protocol expires and before any
agreement on the renewal thereof is concluded, the Commis-
sion shall submit to the European Parliament and the Council
a report on its application, including an analysis of the use of
funds earmarked for targeted measures, in order to assess the
economic, social and environmental impact of the agreement.

Amendment 2
Article 3b (new)

Article 3b

1. On the basis of the report referred to in Article 3a and
after consulting the European Parliament, the Council shall, if
appropriate, authorise the Commission to enter into negoti-
ations with a view to concluding a new protocol.

2.
The Commission shall produce a discussion paper outlin-
ing the options that are available for improving transparency
and accountability as regards the implementation of targeted
measures in fisheries agreements.

P6_TA(2004)0105

Application of Article 251 of the EC Treaty *

European Parliament legislative resolution on the proposal for a Council decision providing for
certain areas covered by Title IV of Part Three of the Treaty establishing the European Community
to be governed by the procedure referred to in Article 251 of that Treaty (15130/2004 — C6-0208/
2004 — 2004/0816(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Council proposal (15130/2004) (1),

— having regard to Article 67(2), second indent, of the EC Treaty, pursuant to which the Council consulted

Parliament (C6-0208/2004),

(1) Not yet published in OJ.

C 226 E/342

Official Journal of the European Union

EN

15.9.2005

Thursday 16 December 2004

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0072/

2004),

1.

2.

Approves the Council proposal as amended;

Calls on the Council to alter its proposal accordingly;

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the

3.
Council intends to depart from the text approved by Parliament;

4.

5.

Asks the Council to consult Parliament again if it intends to amend its proposal substantially.

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

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 1
Title

Draft Decision of
the Council providing for certain areas
covered by Title IV of Part three of the Treaty establishing the
European Community to be governed by the procedure referred
to in Article 251 of that Treaty

Draft Decision of the Council implementing Article 67(2), sec-
ond indent, of the Treaty establishing the European Community

Amendment 2
Recital 7

(7)
However, the European Council took the view that,
pending the entry into force of the Treaty establishing a Con-
stitution for Europe, the Council should continue to act unan-
imously after consulting the European Parliament when adopt-
ing measures in the field of the legal migration of third-
country nationals to and between Member States referred to
in Article 63(3)(a) and (4) of the Treaty.

(7)
The Member States have already agreed, on 29 October
2004, at the time of the signature of the Treaty establishing a
Constitution for Europe, that the measures provided for in
Article 63(3)(a) and (4) of the EC Treaty relating to legal immi-
gration must not affect the right of Member States to deter-
mine volumes of admission of third-country nationals coming
from third countries to their territory in order to seek work,
whether employed or self-employed.

Amendment 3
Recital 10a (new)

(10a)
It is vital and urgent to abolish the limits which
Article 68 of the EC Treaty imposes on the jurisdiction of the
Court in the fields covered by Title IV of the EC Treaty; the
European Council accordingly asked the Commission on
5 November 2004 to submit, after consulting the Court, a
proposal for a Council decision establishing, pursuant to Arti-
cle 225a of the EC Treaty, a specialised panel for actions relat-
ing to matters provided for in the said Title IV.

Amendment 4
Article 1, paragraph 2a (new)

2a. With effect from 1 January 2005, the Council shall act
in accordance with the procedure laid down in Article 251 of
the EC Treaty for the purpose of adopting the measures refer-
red to in Article 63(3)(a) and (4) of that Treaty. As agreed on

15.9.2005

EN

Official Journal of the European Union

C 226 E/343

TEXT PROPOSED
BY THE COUNCIL

Thursday 16 December 2004

AMENDMENTS
BY PARLIAMENT

29 October 2004, at the time of the signature of the Treaty
establishing a Constitution for Europe, those measures must
not affect the right of Member States to determine volumes
of admission of third-country nationals coming from third
countries to their territory in order to seek work, whether
employed or self-employed.

Amendment 5
Article 3a (new)

Article 3a

Article 68(1) and (2) of the EC Treaty shall no longer apply
from the date of entry into force of this Decision.

P6_TA(2004)0106

Democracy, the rule of law, human rights and fundamental freedoms in third
countries *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 976/1999 laying down the requirements for the implementation of Community oper-
ations, which, within the framework of Community cooperation policy, contribute to the general
objective of developing and consolidating democracy and the rule of law and to that of respecting
human rights and fundamental freedoms in third countries (COM(2003)0639 — 6018/2004 —
C6-0078/2004 — 2004/0807(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2003)0639) (1),

— having regard to the amended proposal by the Council (6018/2004),

— having regard to Article 181a(2) of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0078/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on

Development (A6-0041/2004),

Approves the Commission proposal as modified by the Council;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.
tially;

4.

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

(1) Not yet published in OJ.