p7 ta-prov 2011 09-14 en - europa2011)09-14_en.pdf · 2011. 10. 3. · 14 september 2011...

EN EN

United in diversity

TEXTS ADOPTED

at the sitting of

Wednesday 14 September 2011

P7_TA-PROV(2011)09-14 PROVISIONAL EDITION PE 468.074

EUROPEAN PARLIAMENT 2011 - 2012

PE 468.074\ I

EN

CONTENTS

TEXTS ADOPTED

P7_TA-PROV(2011)0369 Mobilisation of Globilisation Adjustment Fund: AT-AT&S from Austria (A7-0279/2011 - Rapporteur: Barbara Matera) European Parliament resolution of 14 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/008 AT/AT&S from Austria) (COM(2011)0339 – C7-0160/2011 – 2011/2125(BUD)) .................... 1

P7_TA-PROV(2011)0370 Mobilisation of Globalisation Adjustment Fund: AT/Steiermark and Niederösterreich

from Austria (A7-0277/2011 - Rapporteur: Barbara Matera) European Parliament resolution of 14 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/007 AT/Steiermark and Niederösterreich from Austria) (COM(2011)0340 – C7-0159/2011 – 2011/2124(BUD)) ......................................................................................................................... 5

P7_TA-PROV(2011)0371 Mobilisation of Globalisation Adjustment Fund: technical assistance at the initiative of

the Commission (A7-0270/2011 - Rapporteur: Barbara Matera) European Parliament resolution of 14 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/000 TA 2011 - technical assistance at the initiative of the Commission) (COM(2011)0358 – C7-0167/2011 – 2011/2130(BUD)) .................................................................................................... 9

P7_TA-PROV(2011)0372 Mobilisation of Globalisation Adjustment Fund: application EGF/2010/029 NL/Zuid-

Holland and Utrecht Division 18/Netherlands (A7-0303/2011 - Rapporteur: Barbara Matera)

II /PE 468.074

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European Parliament resolution of 14 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/029 NL/Zuid-Holland and Utrecht Division 18 from the Netherlands) (COM(2011)0388 – C7-0172/2011 – 2011/2136(BUD)) .................................................................................................. 13

P7_TA-PROV(2011)0373 Mobilisation of Globalisation Adjustment Fund: application EGF/2010/027 NL/Noord-

Brabant Division 18/Netherlands (A7-0304/2011 - Rapporteur: Barbara Matera) European Parliament resolution of 14 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/027 NL/Noord-Brabant Division 18 from the Netherlands) (COM(2011)0386 – C7-0173/2011 – 2011/2137(BUD)) .................................................................................................................... 17

P7_TA-PROV(2011)0374 Mobilisation of Globalisation Adjustment Fund: application EGF/2010/028 NL/Overijssel

Division 18/Netherlands (A7-0305/2011 - Rapporteur: Barbara Matera) European Parliament resolution of 14 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/028 NL/Overijssel Division 18 from the Netherlands) (COM(2011)0387 – C7-0174/2011 – 2011/2138(BUD)) ....................................................................................................................... 21

P7_TA-PROV(2011)0375 Mobilisation of Globalisation Adjustment Fund: application EGF/2010/030 NL/Noord-

Holland and Flevoland Division 18/Netherlands (A7-0306/2011 - Rapporteur: Barbara Matera) European Parliament resolution of 14 September 2011 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/030 NL/Noord-Holland and Flevoland Division 18 from the Netherlands) (COM(2011)0389 – C7-0175/2011 – 2011/2139(BUD)) ............................................................................................ 25

P7_TA-PROV(2011)0376 Energy market integrity and transparency ***I (A7-0273/2011 - Rapporteur: Jorgo Chatzimarkakis) European Parliament legislative resolution of 14 September 2011 on the proposal for a regulation of the European Parliament and of the Council on energy market integrity and transparency (COM(2010)0726 – C7-0407/2010 – 2010/0363(COD))...................................... 29

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P7_TA-PROV(2011)0377 Annual report on monitoring the application of EU law (2009) (A7-0249/2011 - Rapporteur: Eva Lichtenberger) European Parliament resolution of 14 September 2011 on the twenty-seventh annual report on monitoring the application of European Union law (2009) (2011/2027(INI))............ 58

P7_TA-PROV(2011)0378 Public access to documents 2009-2010 (A7-0245/2011 - Rapporteur: Judith Sargentini) European Parliament resolution of 14 September 2011 on public access to documents (Rule 104(7)) for the years 2009-2010 (2010/2294(INI))........................................................... 65

P7_TA-PROV(2011)0379 Amendment of the Rules of Procedure concerning the hearings of Commissioners-

designate (A7-0240/2011 - Rapporteur: Andrew Duff) European Parliament decision of 14 September 2011 on amendment of Rules 106 and 192 of, and Annex XVII to, Parliament's Rules of Procedure (2010/2231(REG))............................ 79

P7_TA-PROV(2011)0380 Ongoing Doha negotiations (B7-0478/2011) European Parliament resolution of 14 September 2011 on the state of play of the negotiations on the Doha Development Agenda......................................................................... 86

P7_TA-PROV(2011)0381 Better legislation, subsidiarity and proportionality and smart regulation (A7-0251/2011 - Rapporteur: Sajjad Karim) European Parliament resolution of 14 September 2011 on better legislation, subsidiarity and proportionality and smart regulation (2011/2029(INI)) ....................................................... 90

P7_TA-PROV(2011)0382 Activities of the Committee on Petitions 2010 (A7-0232/2011 - Rapporteur: Willy Meyer) European Parliament resolution of 14 September 2011 on the activities of the Committee on Petitions in 2010 (2010/2295(INI))........................................................................................ 99

P7_TA-PROV(2011)0383 EU homelessness strategy (B7-0475/2011) European Parliament resolution of 14 September 2011 on an EU Homelessness Strategy...... 106

P7_TA-PROV(2011)0384 A comprehensive approach to non-CO2 climate-relevant anthropogenic emissions (B7-0474/2011) European Parliament resolution of 14 September 2011 on a comprehensive approach to non-CO2 climate-relevant anthropogenic emissions ................................................................ 110

PE 468.074\ 1

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P7_TA-PROV(2011)0369

Mobilisation of Globilisation Adjustment Fund: AT-AT&S from Austria

European Parliament resolution of 14 September 2011 on the proposal for a decision of

the European Parliament and of the Council on mobilisation of the European

Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional

Agreement of 17 May 2006 between the European Parliament, the Council and the

Commission on budgetary discipline and sound financial management (application

EGF/2010/008 AT/AT&S from Austria) (COM(2011)0339 – C7-0160/2011 –

2011/2125(BUD))

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2011)0339 – C7-0160/2011),

– having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1 (IIA of 17 May 2006), and in particular point 28 thereof,

– having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund2 (EGF Regulation),

– having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

– having regard to the letter of the Committee on Employment and Social Affairs,

– having regard to the report of the Committee on Budgets (A7-0279/2011),

A. whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B. whereas the scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis,

C. whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF,

D. whereas Austria has requested assistance in respect of cases concerning 167 redundancies (of which 74 targeted for assistance) in the enterprise AT&S specialized in the printed

1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

2 /PE 468.074

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circuit boards manufacturing in the district of Leoben located in the region of Eastern Upper Styria,

E. whereas the application fulfils the eligibility criteria laid down by the EGF Regulation,

1. Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates in this sense the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming reviews of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;

2. Recalls the institutions’ commitment to ensuring a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the EGF, providing one-off, time-limited individual support geared to helping workers who have suffered redundancies as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the reintegration of workers made redundant into the labour market;

3. Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that the EGF-financed measures should lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors;

4. Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports as well;

5. Welcomes the fact that, following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;

6. Approves the Decision annexed to this resolution;

7. Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union;

8. Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

PE 468.074\ 3

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ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of xxx

on mobilisation of the European Globalisation Adjustment Fund, in accordance with

point 28 of the Interinstitutional Agreement of 17 May 2006 between the European

Parliament, the Council and the Commission on budgetary discipline and sound financial

management (application EGF/2010/008 AT/AT&S from Austria)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1, and in particular point 28 thereof, Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund2, and in particular Article 12(3) thereof, Having regard to the proposal from the European Commission, Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) Austria submitted an application on 11 March 2010 to mobilise the EGF in respect of redundancies in the enterprise AT&S and supplemented it by additional information up to 22 February 2011. This application complies with the requirements for determining

1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

4 /PE 468.074

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the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 221 128.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Austria,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 221 128 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at

For the European Parliament For the Council The President The President

PE 468.074\ 5

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P7_TA-PROV(2011)0370

Mobilisation of Globalisation Adjustment Fund: AT/Steiermark and

Niederösterreich from Austria






EGF/2010/007 AT/Steiermark and Niederösterreich from Austria) (COM(2011)0340 –

C7-0159/2011 – 2011/2124(BUD))











1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

6 /PE 468.074

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D. whereas Austria has requested assistance in respect of cases concerning 1 180 redundancies (of which 356 targeted for assistance) in 54 enterprises operating in the NACE Revision 2 Division 24 ('Manufacture of basic metals') in the NUTS II regions of Steiermark (Styria, AT 22) and Niederösterreich (Lower Austria, AT 12) in Austria,


1. Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates in this sense the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming reviews of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;


3. Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that the EGF- financed measures should lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors;






PE 468.074\ 7

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ANNEX


of xxx




management (application EGF/2010/007 AT/Steiermark and Niederösterreich from

Austria)


Having regard to the Treaty on the Functioning of the European Union, Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1, and in particular point 28 thereof, Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund2, and in particular Article 12(3) thereof, Having regard to the proposal from the European Commission, Whereas:




(4) Austria submitted an application on 9 March 2010 to mobilise the EGF in respect of redundancies in 54 enterprises in NACE Revision 2 Division 24 ('Manufacture of basic

1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

8 /PE 468.074

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metals') in the contiguous NUTS II regions of Steiermark (Styria, AT22) and Niederoesterreich (Lower Austria, AT12) in Austria, and supplemented it by additional information up to 27 January 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 8 284 908.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Austria,


Article 1


Article 2


Done at


PE 468.074\ 9

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P7_TA-PROV(2011)0371

Mobilisation of Globalisation Adjustment Fund: technical assistance at the

initiative of the Commission






EGF/2011/000 TA 2011 - technical assistance at the initiative of the Commission)

(COM(2011)0358 – C7-0167/2011 – 2011/2130(BUD))


– having regard to the Commission proposal to the Parliament and the Council (COM(2011)0358 – C7-0167/2011),







B. whereas the Commission implements the EGF in accordance with the general rules laid down by Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities3 and with the implementing rules applicable to this form of implementation of the budget,

C. whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF,

1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1. 3 OJ L 248, 16.9.2002, p. 1.

10 /PE 468.074

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D. whereas up to 0,35% of the annual EGF amount can be made available each year for technical assistance at the initiative of the Commission, in order to finance monitoring, information, administrative and technical support, and audit, control and evaluation activities necessary to implement the EGF Regulation, as stipulated in Article 8(1) of that Regulation, including the provision of information and guidance for Member States in using, monitoring and evaluating the EGF and providing information to the European and national social partners on using the EGF (Article 8(4) of the EGF Regulation),

E. whereas, in accordance with Article 9(2), 'Information and publicity', of the EGF Regulation, the Commission is to set up an internet site, available in all languages, to provide information on applications, highlighting the role of the budgetary authority,

F. whereas, on the basis of those Articles, the Commission requested that the EGF be mobilised in order to cover its administrative needs for monitoring and information on the implementation of the EGF, creation of a knowledge base which would allow applications and their processing to be speeded up, administrative and technical support, exchange of successful practices among the Member States and mid-term evaluation of the EGF,

G. whereas the application fulfils the eligibility criteria laid down by the EGF Regulation,

1. Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates, in this sense, the improved procedure put in place by the Commission, following Parliament's request to accelerate the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming reviews of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;





PE 468.074\ 11

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ANNEX


of xxx




management (application EGF/2011/000 TA 2011 - technical assistance at the initiative of

the Commission)


having regard to the Treaty on the Functioning of the European Union, Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1, and in particular point 28 thereof, Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund2, and in particular Article 8(2) thereof, Having regard to the proposal from the European Commission, Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.



(4) Regulation (EC) No 1927/2006 provides that 0.35 % of the annual maximum amount can be made available each year for technical assistance at the initiative of the

1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

12 /PE 468.074

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Commission. The Commission therefore proposes to mobilise an amount of EUR 610 000.

(5) The EGF should, therefore, be mobilised in order to provide technical assistance at the initiative of the Commission,


Article 1

For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 610 000 in commitment and payment appropriations.

Article 2


Done at ,


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P7_TA-PROV(2011)0372

Mobilisation of Globalisation Adjustment Fund: application EGF/2010/029

NL/Zuid-Holland and Utrecht Division 18/Netherlands






EGF/2010/029 NL/Zuid-Holland and Utrecht Division 18 from the Netherlands)

(COM(2011)0388 – C7-0172/2011 – 2011/2136(BUD))








A. whereas the European Globalisation Adjustment Fund (EGF) was established to provide additional assistance to workers who are made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist their reintegration into the labour market,



1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

14 /PE 468.074

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D. whereas the Netherlands has requested assistance in respect of cases concerning 800 redundancies, all targeted for assistance, in 52 enterprises operating in the NACE Revision 2 Division 18 ('Printing and reproduction of recorded media') in the NUTS II regions of Zuid-Holland (NL33) and Utrecht (NL31) in the Netherlands,


1. Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates, in this sense, the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming reviews of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;


3. Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; further stresses that the EGF-financed measures should lead to long-term employment.

4 Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports as well;

5. Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that therefore deserves a dedicated allocation, which will avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;

6. Calls on the Commission to conduct a detailed qualitative evaluation of the EGF;




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ANNEX


of xxx September 2011

on the mobilisation of the European Globalisation Adjustment Fund in accordance with



management (application EGF/2010/029 NL/Zuid-Holland and Utrecht Division 18 from

the Netherlands)


Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1, and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund2, and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:




1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

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(4) The Netherlands submitted an application on 20 December 2010 to mobilise the EGF in respect of redundancies in 52 enterprises operating in the NACE Revision 2 Division 18 ('Printing and reproduction of recorded media') in the NUTS II regions of Zuid-Holland (NL33) and Utrecht (NL31) in the Netherlands, and supplemented it by additional information up to 3 March 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 2 649 148.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Netherlands.


Article 1


Article 2


Done at


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P7_TA-PROV(2011)0373


NL/Noord-Brabant Division 18/Netherlands






EGF/2010/027 NL/Noord-Brabant Division 18 from the Netherlands) (COM(2011)0386 –

C7-0173/2011 – 2011/2137(BUD))











1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

18 /PE 468.074

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D. whereas the Netherlands has requested assistance in respect of cases concerning 199 redundancies, all targeted for assistance, in 14 enterprises operating in the NACE Revision 2 Division 18 ('Printing and reproduction of recorded media) in the NUTS II region of Noord-Brabant (NL41) in the Netherlands,




3. Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; further stresses that the EGF-financed measures should lead to long-term employment.


5. Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that therefore deserves a dedicated allocation, which will avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;





PE 468.074\ 19

EN

ANNEX


of xxx September 2011




management (application EGF/2010/027 NL/Noord-Brabant Division 18 from the

Netherlands)






Whereas:




(4) The Netherlands submitted an application on 20 December 2010 to mobilise the EGF in respect of redundancies in 14 enterprises operating in the NACE Revision 2 Division 18

1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

20 /PE 468.074

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('Printing and reproduction of recorded media) in the NUTS II region of Noord-Brabant (NL41) in the Netherlands and supplemented it by additional information up to 7 March 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 667 823.



Article 1


Article 2


Done at


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P7_TA-PROV(2011)0374


NL/Overijssel Division 18/Netherlands






EGF/2010/028 NL/Overijssel Division 18 from the Netherlands) (COM(2011)0387 – C7-

0174/2011 – 2011/2138(BUD))











1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

22 /PE 468.074

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D. whereas the Netherlands has requested assistance in respect of cases concerning 214 redundancies, all targeted for assistance, in nine enterprises operating in the NACE Revision 2 Division 18 ('Printing and reproduction of recorded media') in the NUTS II region of Overijssel (NL21) in the Netherlands,




3. Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; further stresses that EGF-financed measures should lead to long-term employment.


5. Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;





PE 468.074\ 23

EN

ANNEX


of xxx




management (application EGF/2010/028 NL/Overijssel Division 18 from the Netherlands)






Whereas:




(4) The Netherlands submitted an application on 20 December 2010 to mobilise the EGF in respect of redundancies in nine enterprises operating in the NACE Revision 2 Division 18 ('Printing and reproduction of recorded media') in the NUTS II region of Overijssel

1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

24 /PE 468.074

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(NL21) in the Netherlands, and supplemented it by additional information up to 7 March 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 718 140.



Article 1


Article 2


Done at


PE 468.074\ 25

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P7_TA-PROV(2011)0375


NL/Noord-Holland and Flevoland Division 18/Netherlands






EGF/2010/030 NL/Noord-Holland and Flevoland Division 18 from the Netherlands)

(COM(2011)0389 – C7-0175/2011 – 2011/2139(BUD))


– having regard to the Commission proposal to the European Parliament and the Council (COM(2011)0389 – C7-0175/2011),









1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

26 /PE 468.074

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D. whereas the Netherlands has requested assistance in respect of cases concerning 551 redundancies, all targeted for assistance, in 26 enterprises operating in the NACE Revision 2 Division 18 ('Printing and reproduction of recorded media) in the NUTS II regions of Noord-Holland (NL 32) and Flevoland (NL 23) in the Netherlands,




3. Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; further stresses that the EGF-financed measures should lead to long-term employment;


5. Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the various policies objectives;





PE 468.074\ 27

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ANNEX


of xxx




management (application EGF/2010/030 NL/Noord-Holland and Flevoland Division 18

from the Netherlands)






Whereas:




1 OJ C 139, 14.6.2006, p. 1. 2 OJ L 406, 30.12.2006, p. 1.

28 /PE 468.074

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(4) The Netherlands submitted an application on 20 December 2010 to mobilise the EGF in respect of redundancies in 26 enterprises operating in the NACE Revision 2 Division 18 ('Printing and reproduction of recorded media') in the NUTS II regions of Noord-Holland (NL32) and Flevoland (NL23) in the Netherlands and supplemented it by additional information up to 3 March 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 849 086.



Article 1


Article 2


Done at


PE 468.074\ 29

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P7_TA-PROV(2011)0376

Energy market integrity and transparency ***I

European Parliament legislative resolution of 14 September 2011 on the proposal for a

regulation of the European Parliament and of the Council on energy market integrity and

transparency (COM(2010)0726 – C7-0407/2010 – 2010/0363(COD))

(Ordinary legislative procedure: first reading)


– having regard to the Commission proposal to Parliament and the Council (COM(2010)0726),

– having regard to Article 294(2) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0407/2010),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 16 March 20111,

– after consulting the Committee of the Regions,

– having regard to the undertaking given by the Council representative by letter of 29 June 2011 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Internal Market and Consumer Protection (A7-0273/2011),

1. Adopts its position at first reading hereinafter set out;

2. Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution;

3. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

1 OJ C 132, 3.5.2011, p. 108.

30 /PE 468.074

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P7_TC1-COD(2010)0363

Position of the European Parliament adopted at first reading on 14 September 2011 with a

view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the

Council on wholesale energy market integrity and transparency

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on Functioning of European Union, and in particular Article 194(2) thereof, Having regard to the proposal from the European-Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee1, After consulting the Committee of Regions, Acting in accordance with the ordinary legislative procedure2, Whereas: (1) It is important to ensure that consumers and other market participants can have

confidence in the integrity of electricity and gas markets, that prices set on wholesale energy markets reflect a fair and competitive interplay between supply and demand, and that no profits can be drawn from market abuse.

(2) The goal of increased integrity and transparency of wholesale energy markets should

be to foster open and fair competition in wholesale energy markets for the benefit of

final consumers of energy.

(3) The advice of the Committee of European Securities Regulators and the European Regulators Group for Electricity and Gas confirmed that the scope of existing legislation might not properly address market integrity issues on the electricity and gas markets and recommended the consideration of an appropriate legislative framework tailored to the energy sector which prevents market abuse and takes sector-specific conditions into account which are not covered by other directives and regulations.

(4) Wholesale energy markets are increasingly interlinked across the Union. Market abuse in

one Member State often affects not only wholesale prices for electricity and natural gas across national borders, but also retail prices to consumers and micro-enterprises.

1 OJ C 132, 3.5.2011, p. 108. 2 Position of the European Parliament of 14 September 2011.

PE 468.074\ 31

EN

Therefore the concern to ensure the integrity of markets cannot be a matter only for individual Member States. Strong cross-border market monitoring is essential for the completion of a fully functioning, interconnected and integrated internal energy

market. (5) Wholesale energy markets encompass both commodity markets and derivative markets,

which are of vital importance to the energy and financial markets, and price formation in both sectors is interlinked. They include inter alia regulated markets, multilateral trading facilities and over-the-counter (OTC) transactions and bilateral contracts,

direct or through brokers. (6) To date, energy market monitoring practices have been Member State and sector specific.

Depending on the overall market framework and regulatory situation, this can result in trading activities being subject to multiple jurisdictions with monitoring carried out by several different authorities, possibly located in different Member States. This can result in a lack of clarity as to where responsibility rests and even to a situation where no such monitoring exists.

(7) Behaviour which undermines the integrity of the energy market is currently not clearly

prohibited on some of the most important energy markets. In order to protect final consumers and guarantee affordable energy prices for European citizens, it is essential

to prohibit such behaviour. (8) Derivative trading, which may be either physically or financially settled, and commodity

trading are used together on wholesale energy markets. It is therefore important that the definitions of insider trading and market manipulation, which constitute market abuse, be compatible between derivatives and commodity markets. This Regulation should in principle apply to all transactions concluded but at the same time should take into

account the specific characteristics of the wholesale energy markets. (9) Retail contracts which cover the supply of electricity or natural gas to final customers

are not susceptible to market manipulation in the same way as wholesale contracts

which are easily bought and sold. Nonetheless, the consumption decisions of the largest

energy users can also affect prices on wholesale energy markets, with effects across

national borders. Therefore it is appropriate to consider the supply contracts of such

large users in the context of ensuring the integrity of wholesale energy markets.

(10) Taking account of the results of the examination set out in the Commission

Communication of 21 December 2010 entitled "Towards an enhanced market oversight

framework for the EU Emissions Trading Scheme", the Commission should consider

bringing forward a legislative proposal to tackle the identified shortcomings in the

transparency, integrity and supervision of the European carbon market in an

appropriate timeframe. (11) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July

2009 on conditions for access to the network for cross-border exchanges in electricity1 and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13

1 OJ L 211, 14.8.2009, p. 15.

32 /PE 468.074

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July 2009 on conditions for access to the natural gas transmission networks1 recognise that equal access to information on the physical status and efficiency of the system is necessary to enable all market participants to assess the overall demand and supply situation and identify the reasons for fluctuations in the wholesale price.

(12) The use or attempted use of inside information to trade either on one's own account or on

the account of a third party should be clearly prohibited. Use of inside information can also consist in trading in wholesale energy products by persons who know, or ought to know, that the information they possess is inside information. Information regarding the market participant's own plans and strategies for trading should not be considered as

inside information. Information which is required to be made public in accordance

with Regulation (EC) No 714/2009 or Regulation (EC) No 715/2009, including

guidelines and network codes adopted pursuant to those Regulations, may serve, if it is

price-sensitive information, as the basis of market participants' decisions to enter into

transactions in wholesale energy products and therefore could constitute inside

information until it has been made public. (13) Manipulation on wholesale energy markets involves actions undertaken by persons that

artificially cause prices to be at a level not justified by market forces of supply and demand, including actual availability of production, storage or transportation capacity, and demand. Forms of market manipulation include placing and withdrawal of false orders; spreading of false or misleading information or rumours through the media,

including the internet, or by any other means; deliberately providing false information

to undertakings which provide price assessments or market reports with the effect of

misleading market participants acting on the basis of those price assessments or market

reports; and deliberately making it appear that the availability of electricity generation

capacity or natural gas availability, or the availability of transmission capacity is other

than the capacity which is actually technically available where such information affects

or is likely to affect the price of wholesale energy products. Manipulation and its effects

may occur across borders, between electricity and gas markets and across financial and

commodity markets, including the emission allowances markets. (14) Examples of market manipulation and attempts to manipulate the market include

conduct by a person, or persons acting in collaboration, to secure a decisive position

over the supply of, or demand for, a wholesale energy product which has, or could

have, the effect of fixing, directly or indirectly, prices or creating other unfair trading

conditions; and the offering, buying or selling of wholesale energy products with the

purpose, intention or effect of misleading market participants acting on the basis of

reference prices. However, accepted market practices such as those applying in the

financial services area, which are currently defined by Article 1(5) of Directive

2003/6/EC of the European Parliament and of the Council of 28 January 2003 on

insider dealing and market manipulation (market abuse)2 and which may be adapted if

that Directive is amended, could be a legitimate way for market participants to secure a

favourable price for a wholesale energy product.

(15) The disclosure of inside information in relation to a wholesale energy product by

journalists acting in their professional capacity should be assessed taking into account

1 OJ L 211, 14.8.2009, p. 36. 2 OJ L 96, 12.4.2003, p. 16.

PE 468.074\ 33

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the rules governing their profession and the rules governing the freedom of the press,

unless those persons derive, directly or indirectly, an advantage or profits from the

dissemination of the information in question or when disclosure is made with the

intention of misleading the market as to the supply of, demand for, or price of

wholesale energy products. (16) As financial markets develop, the concepts of market abuse applying to those markets

will be adapted. In order to ensure the necessary flexibility to respond quickly to these

developments therefore, the power to adopt ▌acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of technical updating of the definitions of inside information and market manipulation for the purpose of ensuring coherence with other relevant

Union legislation in the fields of financial services and energy. It is of particular

importance that the Commission carry out appropriate consultations during its

preparatory work, including at expert level. The Commission should, when preparing

and drawing up delegated acts, ensure a simultaneous, timely and appropriate

transmission of relevant documents to the European Parliament and Council.

▌ (17) Efficient market monitoring at Union level is vital for detecting and deterring market

abuse on wholesale energy markets. The Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the Council1 (the 'Agency') is best placed to carry out such monitoring as it has both a Union-wide view of electricity and gas markets, and the necessary expertise in the operation of electricity and gas markets and systems in the Union. National regulatory authorities, which have a comprehensive understanding of developments on energy markets in their Member State, should have an important role in ensuring efficient market monitoring at national level. Close cooperation and coordination between the Agency and national authorities is therefore necessary to ensure proper monitoring and

transparency of energy markets. The collection of data by the Agency is without

prejudice to the right of national authorities to collect additional data for national

purposes. (18) Efficient market monitoring requires regular and timely access to records of transactions

as well as access to structural data on capacity and use of facilities for production,

storage, consumption or transmission of electricity or natural gas. For this reason market participants, including transmission system operators, suppliers, traders, producers, brokers and large users, who trade wholesale energy products should be required to provide that information to the Agency. The Agency may for its part establish strong links with major organised market places.

(19) In order to ensure uniform conditions for the implementation of the provisions on data

collection, implementing powers should be conferred on the Commission. Those powers

should be exercised in accordance with Regulation (EU) No 182/2011 of the European

Parliament and of the Council of 16 February 2011 laying down the rules and general

principles concerning mechanisms for control by the Member States of the

1 OJ L 211, 14.8.2009, p. 1.

34 /PE 468.074

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Commission's exercise of implementing powers1. Reporting obligations should be kept to

a minimum and not create unnecessary costs or administrative burdens for market participants. The uniform rules on the reporting of information should therefore undergo an ex ante cost-benefit analysis, should avoid double reporting, and should

take account of reporting frameworks developed under other relevant legislation.

Furthermore, the required information or parts thereof should be collected from other

persons and existing sources where possible. Where a market participant or a third

party acting on its behalf, a trade reporting system, an organised market, a trade-

matching system, or other person professionally arranging transactions has fulfilled its

reporting obligations to a competent authority in accordance with ▌Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments2 or applicable Union legislation on derivative transactions, central counterparties and trade repositories, its reporting obligation should be considered fulfilled also under this Regulation, but only to the extent that all the information required under this Regulation has been reported.

(20) It is important that the Commission and the Agency work closely together in

implementing this Regulation and consult appropriately with the European Networks

of Transmission System Operators for Electricity and for Gas and the European

Securities and Markets Authorit

p7 ta-prov 2011 09-14 en - europa2011)09-14_en.pdf · 2011. 10. 3. · 14 september 2011...

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