European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC, Euratom) No 2728/94 establishing a Guarantee Fund for external actions (COM(2005)0130 - C6-0176/2005 - 2005/0025(CNS))
Date: 2006-03-14
Institutions: Committee on Budgets, European Parliament
Subjects: Community loan, European Investment Bank, credit guarantee, financial management, fund (EU), third country

30.11.2006

EN

Official Journal of the European Union

C 291 E/83

TEXTS ADOPTED

Tuesday, 14 March 2006

P6_TA(2006)0071

Agreement between the EC and Ukraine on certain aspects of air services *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion
of the Agreement between the European Community and Ukraine on certain aspects of air services
(COM(2005)0368 — C6-0431/2005 — 2005/0155(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the proposal for a Council decision (COM(2005)0368) (1),

— having regard to Article 80(2) and Article 300(2), first subparagraph, first sentence, of the EC Treaty,

— having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council

consulted Parliament (C6-0431/2005),

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

— having regard to the report of the Committee on Transport and Tourism (A6-0029/2006),

1. Approves conclusion of the agreement;

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

2.
parliaments of the Member States and Ukraine.

(1) Not yet published in OJ.

P6_TA(2006)0072

Guarantee Fund for external actions *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
actions
lation (EC, Euratom) No 2728/94 establishing

a Guarantee Fund for

external

(COM(2005)0130 — C6-0176/2005 — 2005/0025(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0130) (1),

— having regard to Article 308 of the EC Treaty and to Article 203 of the EAEC Treaty, pursuant to which

the Council consulted Parliament (C6-0176/2005),

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

— having regard to Rules 51 and 35 of its Rules of Procedure,

— having regard to the report of the Committee on Budgets (A6-0054/2006),

(1) Not yet published in OJ.

C 291 E/84

EN

Official Journal of the European Union

30.11.2006

Tuesday, 14 March 2006

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty
and to Article 119, second paragraph, of the Euratom Treaty;

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

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-
tially;

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 308 thereof,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 181a thereof,

Amendment 1

Citation 1

Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular Article 203
thereof,

deleted

Amendment 2

Citation 2

Amendment 3

Recital 4

(4)
Should the reserve created to endow the Guarantee Fund
be abolished for the Financial Perspectives 2007–2013, the
funding of the Guarantee Fund should be provided for as an
obligatory expenditure from the general budget of the Euro-
pean Union.

(4)
Should the reserve created to endow the Guarantee Fund
be abolished for the Financial Perspectives 2007–2013, the
Guarantee Fund should be financed outside the Financial
Perspective ceilings and included in the reserve.

Amendment 4

Recital 7

(7)
The Treaties do not provide, for the adoption of this
Regulation, powers, other than those in Article 308 of the
EC Treaty and Article 203 of the Euratom Treaty,

deleted

Amendment 5

Article 1, point 4

Article 5, paragraph 2 (Regulation (EC, Euratom) No 2728/94)

2.
The calculations based on this smoothing mechanism
shall be made separately from the calculations referred to in
Article 3, third paragraph, and in Article 4. Nevertheless, they
will together result in one annual transfer. The amounts to be
paid from the general budget of the European Union under
this smoothing mechanism shall be treated as net assets of the
Fund for the calculation pursuant to Articles 3 and 4.

2.
The calculations based on this smoothing mechanism
shall be made separately from the calculations referred to in
Article 3, third paragraph, and in Article 4. Nevertheless, they
will together result in one annual transfer, but clearly indi-
cating the different parts. The amounts to be paid from the
general budget of the European Union under this smoothing
mechanism shall be treated as net assets of the Fund for the
calculation pursuant to Articles 3 and 4.

Amendment 6

Article 1, point 4

Article 5, paragraph 3 (Regulation (EC, Euratom) No 2728/94)

3.
If, as a result of the activation of guarantees on one or
more major defaults, resources in the Fund fall below 50 % of
the target amount, the Commission shall submit a report on
exceptional measures that might be required to replenish the
Fund.

3.
If, as a result of the activation of guarantees on one or
more major defaults, resources in the Fund fall below 75 % of
the target amount, the Commission shall immediately inform
the budgetary authority as to the reasons for this situation
and submit a report on exceptional measures that might be
required to replenish the Fund.