A3-0013/93

Resolution 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 base and/or a change in procedure

The European Parliament,

-having regard to the Treaty establishing the European Community,

-having regard to the Treaty on European Union,

-having regard to the Commission list of 10 November 1993 of proposals pending before the Council on 31 October 1993 for which entry into force of the Treaty on European Union will require a change in the legal base and/or a change in procedure (COM(93)0570 - C3-0369/93),

-having been consulted by letter of 15 November 1993 from the President of the Commission to the President of the European Parliament,

-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 Social Affairs, Employment and the Working Environment, the Committee on External Economic Relations, the Committee on Energy, Research and Technology, the Committee on Budgets, the Committee on Regional Policy, Regional Planning and Relations with Regional and Local Authorities, the Committee on Culture, Youth, Education and the Media, the Committee on Institutional Affairs, the Committee on Budgetary Control and the Committee on Development and Cooperation (A3-0013/94),

A.whereas with the entry into force of the Treaty on European Union the most significant Community acts will be adopted jointly by the European Parliament and the Council,

B.determined to give the highest priority to its new role of co-legislator in the organization of its work,

C.having regard to its political will, in its role of co-legislator, to work in close cooperation with the Council and the Commission in the exercise of their respective powers while at the same time ensuring that its rights and prerogatives are scrupulously respected in the Community legislative process,

D.taking the view that the Treaty on European Union is an important stage in the development of the Union, but that a further stage, whereby Parliament will be granted the place due to any elected parliament, namely that of holder of legislative power in the Union, is essential,

E.reiterating its wish to implement the Treaty on European Union in the best possible conditions, particularly in cases where the codecision or assent procedures apply,

1.Welcomes the Commission's initiative and the constructive approach it has shown in setting in motion the codecision procedures as of 1 November 1993 pursuant to Article 189b(2) of the EC Treaty;

2.States its agreement with the majority of the changes in legal base and/or procedure introduced by the Commission in the abovementioned document, as shown in the annex to its committee's report A3-0013/94, subject, however, to later application of Rule 53(4) or (5) of its Rules of Procedure to certain legislative proposals or international agreements;

3.In the area of international agreements, stresses that it would be incumbent upon it, in its role as budgetary authority, to determine whether any given agreement had 'important budgetary implications' within the meaning of Article 228(3), second subparagraph, of the EC Treaty, and whether, as a consequence, the assent procedure applied; refers in this context to the abovementioned opinion of the Committee on Budgets, according to which these words should be interpreted as referring to all acts involving operational expenditure (rather than simply administrative expenditure); refers in this context also to the opinion of the Committee on External Economic Relations, in particular its view that as a rule, once the conclusion of an external agreement provides for the establishment of cooperation bodies and an economic and trade cooperation programme with budgetary implications going beyond simply administrative expenditure, Article 228(2) and (3), second subparagraph, should be applied (Brazil/Andean Pact/C

entral America agreements);

4.Believes that, with regard to the final act of the GATT Uruguay Round, the European Parliament must be consulted by the Council on the basis of Article 228(3), second subparagraph, of the EC Treaty (assent procedure);

5.In the area of social policy, awaits with interest the choice which the Commission will make between retaining the present proposals or replacing them in the context of the protocol on social policy and, while reserving the right to make its final decision at a later date:

-already states its preference for the option of applying the codecision procedure as far as possible,

-takes the view that the Commission must use the protocol on social policy if this proves necessary as a means of furthering the Community's social policy,

-takes the view that all the legislative proposals on health and employment, based on Article 118a of the EC Treaty, should be retained with this same legal base;

6.Notes that, in the list referred to above, the Commission has omitted the following legislative proposals:

-modified proposal for Council directive on advertising for tobacco products (COM(91)0111),

-proposal for a Council directive concerning the posting of workers in the framework of the provision of services (COM(91)0230),

-legislative proposal concerning the creation of a committee on securities (the Council had submitted a 'common position' text to Parliament without Parliament having been consulted at first reading; the Council subsequently corrected its position and acknowledged that Parliament was entitled to deliver an opinion on this text at first reading),

-modified proposal for a Council decision on a consultation and authorization procedure for agreements concerning commercial aviation relations with third countries (COM(92)0434),

and calls on the Commission to forward these legislative proposals to it as soon as possible;

7.Calls on the Commission to refer to it new modified legislative proposals, taking account of the work it has already carried out and the political undertakings given at the appropriate time by the Commissioners responsible, for:

(a)a thirteenth directive on company law concerning takeover and other general bids (COM(88)0823, COM(90)0416),

(b)a directive on the liability of suppliers of services (COM(90)0482);

8.Refers to its opinion of 17 November 1993 on the proposal for a Council decision concerning budgetary discipline and recalls that it amended the legal base of the Commission proposal by adding Articles 126, 127, 130d, 130i and 203 of the EC Treaty;

9.Calls on the Commission to agree to change its legal bases in accordance with the wishes expressed by Parliament;

10.Asks for proposals for which the consultation and cooperation procedures have been replaced by the assent procedure to be submitted to it again;

11.Instructs its President to forward this resolution and the report of its committee to the Commission and the Council.