OPINION OF THE COMMISSION  pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, on the European Parliament's amendments to the Council's position regarding the  proposal for a REGULATION OF THE EUROPEAN PARLIAMENT  AND OF THE COUNCIL  amending Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation
Date: 2011-04-01
Institutions: European Commission
Subjects: ACP countries, EU aid, EU financing, aid system, development aid, import, tropical fruit

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EUROPEAN COMMISSION 

Brussels, 1.4.2011 
COM(2011) 179 final 

2010/0059 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendments 
to the Council's position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

amending Regulation (EC) No 1905/2006 establishing a financing instrument for 
development cooperation 

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   EN 

 
 
  
 
 
 
 
 
2010/0059 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7) (c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendments 
to the Council's position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

amending Regulation (EC) No 1905/2006 establishing a financing instrument for 
development cooperation 

1. 

INTRODUCTION 

Article 294(7) (c) of the Treaty on the Functioning of the European Union provides 
that  the  Commission  is  to  deliver  an  opinion  on  the  amendments  proposed  by  the 
European Parliament at second reading. The Commission sets out its opinion below 
on the seven amendments proposed by the Parliament. 

2. 

BACKGROUND 

Date on which the proposal was sent to Parliament and Council: 17 March 2010 

Document COM(2010) 102 final – 2010/0059 COD 

Date of Parliament's opinion at first reading: 21 October 2010 

Date on which the amended proposal was sent to Parliament and Council: none 

Date of political agreement on the Council position: none  

Date of formal adoption of the Council position: 10 December 2010 

Date of Parliament's opinion at second reading: 3 February 2011 

3. 

PURPOSE OF THE PROPOSAL 

African,  Caribbean  and  Pacific  (ACP)  countries  have  traditionally  had  preferential 
access to the European Union (EU) market. Further to rulings by the WTO’s Dispute 
Settlement and Appellate Bodies, the Union’s banana trade regime had to be brought 
into conformity with WTO law. Thus, the Geneva Agreement on Trade in Bananas 
(GATB),  initialled  on  15  December  2009,  settles  all  banana-related  trade  disputes 
and achieves WTO-compliance. 

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In  the  framework  of  the  GATB,  the  European  Commission  agreed  to  propose  a 
development programme to help the main ACP banana-exporting countries adapt to 
the changes in the EU’s import regime. This ACP Banana Accompanying Measures 
(BAM)  programme,  the  aim  of  which  is  to  assist  the  restructuring  of  the  banana 
sectors in the ten main ACP banana-exporting countries, requires an amendment of 
Regulation (EC) No 1905/2006 establishing a financing instrument for development 
cooperation (DCI). 

The  proposal  is  limited  in  time  to  the  period  2010-2013  and  is  limited  in  scope  in 
terms  of  its  policy  content  and  budgetary  implications.  It  does  not  prejudge  any 
future  proposals  for  the  new  generation  of  external  relations  financial  instruments 
under the next financial framework. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

Amendments accepted by the Commission 

The Commission can accept the amendments introduced by the Parliament in recital 
5. 

4.2. 

Amendments rejected by the Commission 

The  Commission  cannot  accept  the  amendments  relating  to  delegated  acts  and 
Comitology issues (Recital 12; Articles 21, 22(3), 23, 33(2), and 35). 

5. 

CONCLUSION 

The  discussions  with  the  co-legislators  shall  continue  after  the  second  reading,  in 
order to work on a consensual solution preferably giving substantive scrutiny rights 
to  the  European  Parliament  for  the  remainder  of  the  current  Multiannual 
Programming  Period  and  leaving  options  open  for  the  next  one,  including  the 
possibility  of  having  recourse  to  delegated  acts  while  fully  respecting  the  criteria 
established in Article 290 TFEU. 

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