Resolution on the implications of the entry into force of the Treaty of Amsterdam (list of legislative proposals pending as at 1 May 1999, indicating new legal bases and any changes in legislative procedure following the entry into force of the Treaty of Amsterdam) (C4-0134/99 SEC(99) 0581 C4-0219/99)
1. 10. 1999 EN Official Journal of the European Communities C 279/51 Tuesday 4 May 1999 19. Points out also that there are geographical barriers within the European Union, such as mountain ranges, which make transport between neighbouring regions difficult, and that special attention should therefore be paid to these problems; Considers that transport policy should take into account the special needs of border regions; 20. Welcomes the promotion of interregional and cross-border projects; 21. Considers that the linking of the applicant countries to the European Union must be coherent with the Community’s transport policy; welcomes the introduction of pre-accession structural aid and the reorientation of the Phare programme with a view to the forthcoming enlargement, with greater emphasis being placed on infrastructure investment in the Central and Eastern European countries; 22. Is convinced that improving pan-European transport links between the European Union and the neighbouring areas, including the former Soviet states and the Mediterranean countries, is of utmost importance for the future relations; regrets that neither TACIS nor the MEDA programmes are at present allowed to support major infrastructure investment; calls for transport infrastructure improvements to be regarded as eligible funding when consideration is given, in the future, to the revision of TACIS and MEDA; Instructs its President to forward this resolution to the Commission, the Council and the 23. governments and parliaments of the Member States. 7. Legislative proposals pending A4-0255/99 Resolution on the implications of the entry into force of the Treaty of Amsterdam (list of legislative proposals pending as at 1 May 1999, indicating new legal bases and any changes in legislative procedure following the entry into force of the Treaty of Amsterdam) (C4-0134/99 − SEC(99)0581 − C4-0219/99) The European Parliament, − having regard to the Treaty establishing the European Community, − having regard to the Treaty on European Union which entered into force on 1 May 1999, − having regard to the Commission documents containing a list of legislative proposals pending as at 1 May 1999, indicating new legal bases and any changes in legislative procedure following the entry into force of the Treaty of Amsterdam (C4-0134/99 − SEC(99)0581 − C4-0219/99)), − having regard to its resolution of 20 January 1994 on the application of the Treaty on European Union to proposals pending before the Council on 31 October 1993 for which its entry into force will require a change in the legal basis and/or a change in procedure (1), − having regard to the letters of 13 and 26 April 1999 from the President of Parliament to the President of the Council concerning implementation of the Treaty of Amsterdam, − having regard to the report of the Committee on Legal Affairs and Citizens’ Rights and the opinions of the committees concerned, namely the Committee on Employment and Social Affairs, the Committee on Budgets, the Committee on Development and Cooperation, the Committee on Fisheries, the Committee on Transport and Tourism, the Committee on External Economic Relations, the Committee on Civil Liberties and Internal Affairs, the Committee on Research, Technological Development and Energy and the Committee on the Environment, Public Health and Consumer Protection (A4-0255/99), (1) OJ C 44, 14. 2. 1994, p. 175. C 279/52 EN Official Journal of the European Communities 1. 10. 1999 Tuesday 4 May 1999 A. whereas the new Treaty contains no transitional provisions governing the action to be taken on current legislative procedures and whereas the institutions must therefore fill this gap by referring to the general principles of Community law and must in particular: − give full effect to the institutional changes by complying with the spirit and letter of the new Treaty, so as to ensure that the new political objectives laid down therein, which are reflected in the changes in legal basis and/or procedure, are fully taken on board, − comply with the principle of economy of procedure enshrined in the case law of the Court of Justice of the European Communities, since such compliance also constitutes a political duty to citizens, B. whereas the new objectives set for the Union have implications for the scope and substance of current legislative acts concerning in particular: − the progressive establishment of an area of freedom, security and justice (new Title IV of the EC Treaty), which will require proposals on the free movement of persons, visas, immigration, asylum and judicial cooperation in civil matters, which to date have been based on intergovern- mental cooperation, to be dealt with on the basis of the Community method and a Community perspective, − proactive measures to combat all forms of discrimination (new Articles 12 and 13 EC Treaty), − − − − − the protection of human rights and fundamental freedoms (Article 6 EC Treaty), the transparency of public activities (new Article 255 EC Treaty), the protection of privacy (new Article 286 EC Treaty), the adoption of measures to combat racism and xenophobia (Article 29 EC Treaty), the adoption of measures to combat terrorism, trafficking in persons and offences against children, drug trafficking, arms trafficking, corruption and fraud (Article 29 EC Treaty), − measures in the field of judicial cooperation in civil matters having cross-border implications (Article 65 EC Treaty), − measures to combat fraud affecting the financial interests of the Community (Article 280 EC Treaty), − measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives (Article 152(4)(a) EC Treaty), − measures in the veterinary and phytosanitary fields (Article 152(4)(b) EC Treaty), C. whereas Parliament has a duty to accept fully the new institutional responsibilities laid down in the Treaty, in particular where: − the codecision procedure applies, − it is involved for the first time in Council decisions under a consultation procedure (e. g. Article 65 of the EC Treaty), D. whereas under the codecision procedure Parliament is co-legislator and, with the Council, has joint and legal political responsibility for acts coming under that procedure; whereas its participation in the formulation and conclusion of such acts is based on an interinstitutional balance substantially different from that laid down by the Treaties for other legislative procedures, under which the Council alone bears final responsibility, E. whereas the entry into force of the Treaty of Amsterdam will require three types of changes to be made to legislative proposals pending: − a change of legal framework following the setting of new objectives for the Union (e. g. Title IV of the EC Treaty), − a change of legal basis, with no change in procedure (e. g. proposals based on Article 100a which are to be based on Article 152 since they relate to public health), − a change of legislative procedure (e. g. in the transport field, Article 75 (cooperation) has become Article 71 (codecision)), F. whereas, in the three instances referred to above, wherever the relevant Treaty change entails a change in the nature of the act concerned and a substantially different role for Parliament in the legislative procedure (e. g. the introduction of new Community powers or of the codecision procedure), the latter must begin when the Treaty comes into force, 1. 10. 1999 EN Official Journal of the European Communities C 279/53 Tuesday 4 May 1999 G. whereas the Treaty has entered into force in exceptional political circumstances, at a time when the Commission has resigned and Parliament is holding its last part-session prior to the European elections on 13 June 1999, H. whereas, in certain instances in which the codecision procedure applies, the Treaty provides for compulsory consultation of the Economic and Social Committee and the Committee of the Regions; whereas, in addition to the legal implications deriving therefrom, such consultation has major political implications in that it fosters greater participation by interested parties in the drafting of Community acts; whereas, in this connection, Parliament accepts its responsibility as co-legislator to ensure that this procedure is fully implemented, I. whereas, in the public interest, the institutions should, in accordance with the principle of wholehearted cooperation, provide for an accelerated procedure for urgent legislative proposals to which the codecision procedure applies following the Treaty’s entry into force, on condition that such proposals are of major political importance and due respect is shown for Parliament’s prerogatives and the principle of legal certainty, J. whereas, given that the Union’s powers are exclusively sector-based, all Community acts must be based on a Treaty provision conferring on the Union the power to act and indicating the procedure to be followed; whereas the Court of Justice has consistently found that the choice of legal basis for any act must be based on objective factors which may be subjected to judicial scrutiny, K. whereas each Community act must be adopted under the procedure laid down in the provision which constitutes the appropriate legal basis for that act, in the form in which it applies at the time of the act’s final adoption, Notes the legislative proposals forwarded by the Commission and, as regards all those which have 1. evolved towards the codecision procedure, considers, as a general rule, that the procedure began on 1 May 1999; 2. Considers that, given the current political circumstances linked to the completion of the work of the fourth parliament, it would be more appropriate for the next parliament to confirm most of the proposals adopted under legislative procedures which have evolved towards the codecision procedure; 3. Considers nonetheless that, in particular for urgent legislative proposals coming under the codecision procedure, an accelerated procedure could be implemented (during the part-session in May 1999) with a view to taking a final decision thereon, provided that the following conditions are fulfilled: − the Commission has forwarded a legislative proposal to Parliament and the Council, pursuant to Article 251 of the EC Treaty, − Parliament has confirmed its opinion at first reading, delivered prior to the entry into force of the Treaty, − the Council has confirmed its common position or, where appropriate, adopted the relevant act if it accepts Parliament’s amendments, − where appropriate, Parliament has adopted the common position (Article 251(2)(a)), − lastly, where appropriate, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions have been consulted under an extraordinary procedure; 4. Welcomes the Commission’s undertaking to forward amended proposals at the earliest opportunity, with a view to taking due account inter alia of the views already expressed by Parliament and the Council within the context of other legislative procedures which took place prior to the Treaty’s entry into force; Affirms its political will to cooperate wholeheartedly with the other institutions in implementing the 5. first stage of the codecision procedure, as laid down in Article 251(2) of the EC Treaty; Recalls that, inter alia in the fields of social affairs, energy, the environment and transport, the 6. codecision procedure provides for consultation of the Committee of the Regions and/or the Economic and Social Committee and calls, in a spirit of wholehearted cooperation, for those two bodies to be able to express their views as rapidly as possible; 7. Reserves the right to express its opinion at a later date, particularly on matters in respect of which the Commission is to submit amended proposals, inter alia because a new legal basis (e. g. Article 152) is to apply; C 279/54 EN Official Journal of the European Communities 1. 10. 1999 Tuesday 4 May 1999 8. Urges the Commission, in connection with the proposals relating to the area of freedom, security and justice (Title IV of the EC Treaty), to submit legislative proposals taking due account of the change in the nature of the acts concerned; 9. Notes the guidelines on changes in legal basis and/or procedure set out in the aforementioned Commission document, without prejudice however to the subsequent application to given proposals of the provisions on the verification of legal bases laid down in its Rules of Procedure; Instructs its President to forward this resolution to the Commission, the Council, the Court of 10. Auditors, the Committee of the Regions, the Economic and Social Committee, the governments and parliaments of the Member States. 8. Plantations of fruit trees * (procedure without report) Proposal for a Council Directive amending Directive 76/625/EEC concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees (COM(99)0078 − C4-0181/99 − 99/0051(CNS)) (Consultation procedure) The proposal was approved. 9. Residue of veterinary medicinal products in foodstuffs of animal origin * (procedure without report) Proposal for a Council Regulation amending Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (COM(99)0130 − C4-0167/99 − 99/0072(CNS)) (Consultation procedure) The proposal was approved. 10. Community financial aid in the field of trans-European networks ***I (procedure without debate) A4-0260/99 Legislative resolution confirming Parliament’s opinion on the proposal for a European Parliament and Council Regulation amending Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European networks (COM(98)0172 − C4-0283/98 − 98/0101(COD) − former 98/0101 (SYN)) (Codecision procedure: confirmation of first reading) The European Parliament, − having regard to the list of Commission proposals pending as at 1 May 1999 for which the entry into force of the Amsterdam Treaty entails a change of legal basis and/or procedure,