European Parliament legislative resolution of 12 December 2013 on the draft Council directive amending Council Directive 2010/18/EU because of the change of status of Mayotte (14220/2013 — C7-0355/2013– 2013/0189(NLE))
Date: 2013-12-12
Institutions: Committee on Employment and Social Affairs, Committee on Legal Affairs, Committee on Women’s Rights and Gender Equality, European Parliament
Subjects: France, Mayotte, economic situation, framework agreement, gender equality, paternity leave, peripheral region, social partners, social situation








C_2016468EN.01033401.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/334





P7_TA(2013)0583
Amending Council Directive 2010/18/EU by reason of the change of status of Mayotte *
European Parliament legislative resolution of 12 December 2013 on the draft Council directive amending Council Directive 2010/18/EU because of the change of status of Mayotte (14220/2013 — C7-0355/2013– 2013/0189(NLE))
(Special legislative procedure — consultation)
(2016/C 468/78)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2013)0413) and the Council draft (14220/2013),










—


having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0355/2013),










—


having regard to Article 155(2) of the Treaty on the Functioning of the European Union, that is the legal basis chosen by the Commission for its proposal,










—


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










—


having regard to Rules 55 and 37 of its Rules of Procedure,










—


having regard to the report of the Committee on Employment and Social Affairs (A7-0414/2013),












1.


Approves the Council draft as amended;












2.


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












3.


Asks the Council to consult Parliament again if it intends to substantially amend its draft;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.





Amendment 1


Draft directive


Title








Council draft




Amendment





Proposal for a COUNCIL 
DIRECTIVE
 amending Council Directive 2010/18/EU because of the change of status of Mayotte


Proposal for a COUNCIL 
DECISION
 amending Council Directive 2010/18/EU because of the change of status of Mayotte





Amendment 2


Draft directive


Citation 1








Council draft




Amendment





Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Article 
155(2) and Article
 349 thereof,





Amendment 4


Draft directive


Recital 1








Council draft




Amendment











(1)


By Decision 2012/419/EU (1), the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, 
on the special conditions of application of Union law
 should, however, be established.












(1)


By Decision 2012/419/EU (2), the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, should however, be established.









Amendment 5


Draft directive


Solemn form








Council draft




Amendment





HAS ADOPTED THIS 
DIRECTIVE




HAS ADOPTED THIS 
DECISION







Amendment 6


Draft directive


Article 1

Directive 2010/18/EU
Article 3 — paragraph 2 — subparagraph 2







Council draft




Amendment





In Article 3(2) of Directive 20101/18/EU, the following subparagraph is added:


In Article 3(2) of Directive 2010/18/EU, the following subparagraph is added:







‘By way of derogation from the first subparagraph, for Mayotte as an outermost region in the meaning of Article 349 TFEU, the additional period referred to therein shall be extended until 31 December 2018.’








‘For the French outermost region of Mayotte, the additional period referred to in the first subparagraph shall be extended to 31 December 2018.’








Amendment 7


Draft directive


Article 2








Council draft




Amendment





This 
Directive
 is addressed to the French Republic.


This 
Decision
 is addressed to the French Republic.





Amendment 8


Draft directive


Article 3








Council draft




Amendment





This 
Directive
 shall enter into force on 1 January 2014.


This 
Decision
 shall enter into force on 1 January 2014.






(1)  OJ L 204, 31.7.2012, p. 131.

(2)  OJ L 204, 31.7.2012, p. 131.