Non-Objection to an Implementing Measure: Airborne Collision Avoidance System on Certain

TEXTS ADOPTED

at the sitting of

Wednesday

12 September 2012

P7_TA-PROV(2012)09-12PROVISIONAL EDITIONPE490.769

CONTENTS

TEXTS ADOPTED

P7_TA-PROV(2012)0325

Non-objection to an implementing measure: airborne collision avoidance system on certain aircraft

(B7-0423/2012)

European Parliament decision to raise no objections to the draft Commission decision authorising the French Republic to derogate from Commission Regulation (EU) No1332/2011 with respect to the use of a new software version of the airborne collision avoidance system(ACAS II) on certain newly-built aircraft (D020967/02 – 2012/2745(RPS))

P7_TA-PROV(2012)0326

Non-objection to a delegated act: transnational cooperation and negotiations in the milk and milk products sectors

(B7-0424/2012)

European Parliament decision to raise no objections to the Commission Delegated Regulation of 28 June 2012 supplementing Council Regulation (EC) No 1234/2007 as regards transnational cooperation and contractual negotiations of producer organisations in the milk and milk products sectors (12020-12 – C(2012)4297 – 2012/2780 (RPS))

P7_TA-PROV(2012)0327

Minimum standards on the rights, support and protection of victims of crime***I

(A7-0244/2012 - Rapporteurs: Teresa Jiménez-Becerril Barrio, Antonyia Parvanova)

European Parliament legislative resolution of 12 September 2012 on the proposal for a directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime (COM(2011)0275 – C7-0127/2011 – 2011/0129(COD))

P7_TA-PROV(2012)0328

Administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues ***I

(A7-0212/2012 - Rapporteur: Vital Moreira)

Amendments adopted by the European Parliament on 12 September 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues (COM(2011)0906 – C7-0524/2011 – 2011/0445(COD))

P7_TA-PROV(2012)0329

Imports of olive oil and other agricultural products from Turkey as regards the delegated and implementing powers to be conferred on the Commission***I

(A7-0209/2012 - Rapporteur: Vital Moreira)

Amendments adopted by the European Parliament on 12 September 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulations (EC) No 2008/97, (EC) No 779/98 and (EC) No 1506/98 in the field of imports of olive oil and other agricultural products from Turkey as regards the delegated and implementing powers to be conferred on the Commission (COM(2011)0918 – C7-0005/2012 – 2011/0453(COD))

P7_TA-PROV(2012)0330

EC-Australia agreement on mutual recognition in relation to conformity assessment, certificates and markings ***

(A7-0211/2012 - Rapporteur: Vital Moreira)

European Parliament legislative resolution of 12 September 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (12124/2010 – C7-0057/2012 – 2010/0146(NLE))

P7_TA-PROV(2012)0331

EC-New Zealand agreement on mutual recognition in relation to conformity assessment ***

(A7-0210/2012 - Rapporteur: Vital Moreira)

European Parliament legislative resolution of 12 September 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and New Zealand amending the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand (12126/2010 – C7-0058/2012 – 2010/0139(NLE))

P7_TA-PROV(2012)0332

Measures in relation to countries allowing non-sustainable fishing for the purpose of the conservation of fish stocks ***I

(A7-0146/2012 - Rapporteur: Pat the Cope Gallagher)

European Parliament legislative resolution of 12 September 2012 on the proposal for a regulation of the European Parliament and of the Council on certain measures in relation to countries allowing non-sustainable fishing for the purpose of the conservation of fish stocks (COM(2011)0888 – C7-0508/2011 – 2011/0434(COD))

P7_TA-PROV(2012)0333

Common organisation of the markets in fishery and aquaculture products***I

(A7-0217/2012 - Rapporteur: Struan Stevenson)

European Parliament legislative resolution of 12 September 2012 on the proposal for a regulation of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products (COM(2011)0416 – C7-0197/2011 – 2011/0194(COD))

P7_TA-PROV(2012)0334

Annual report from the Council to the European Parliament on the Common Foreign and Security Policy

(A7-0252/2012 - Rapporteur: Elmar Brok)

European Parliament resolution of 12 September 2012 on the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy (12562/2011 - 2012/2050(INI))

P7_TA-PROV(2012)0335

Conservation and sustainable exploitation of fisheries resources

(A7-0225/2012 - Rapporteur: Carl Haglund)

European Parliament resolution of 12 September 2012 on reporting obligations under Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2011/2291(INI))

P7_TA-PROV(2012)0336

Reform of the Common Fisheries Policy

(A7-0253/2012 - Rapporteur: Nikolaos Salavrakos)

European Parliament resolution of 12 September 2012 on the reform of the Common Fisheries Policy – Overarching Communication (2011/2290(INI))

PE 490.769\ 1

P7_TA-PROV(2012)0325

Non-objection to an implementing measure:airborne collision avoidance system on certain aircraft

PE494.713

The European Parliament,

–having regard to the draft decision of the Commission (D020967/02),

–having regard to the opinion delivered on 4 June 2012 by the Committee of the European Aviation Safety Agency, which is cited in the ninth recital of the Commission’s draft decision,

–having regard to the Commission’s letter of 5 July 2012 asking Parliament to declare that it had no objections to the draft decision,

–having regard to the letter of 27 July 2012 from the Committee on Transport and Tourism to the chair of the Conference of Committee Chairs,

–having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency[1] and, in particular, Article (6) and (7) thereof,

–having regard to Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[2],

–having regard to Rules 88(4)(d) and 87a(6) of its Rules of Procedure,

–having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 87a(6) of its Rules of Procedure, which expired on 11September 2012,

A.whereas the draft Decision of the Commission specifies that it will apply only until 31January 2013 and, in the circumstances, its adoption should not be delayed;

1.Declares that it has no objections to the draft decision of the Commission;

2.Instructs its President to forward this decision to the Commission and, for information, to the Council.

P7_TA-PROV(2012)0326

Non-objection to a delegated act: transnational cooperation and negotiations in the milk and milk products sectors

PE493.580

The European Parliament,

–having regard to the Commission Delegated Regulation (C(2012) 4297),

–having regard to the Commission’s letter of 27 July asking Parliament to declare that it has no objections to the Delegated Regulation,

–having regard to Article 290 of the Treaty on the Functioning of the European Union,

–having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)[3], and in particular Articles 126e(1) and 196a(5) thereof,

–having regard to Rule 87a(6) of its Rules of Procedure,

A.whereas the Commission has stressed that it is essential for Parliament to adopt its decision before 3 October 2012 given that the provisions of the basic legislative act as regards contractual negotiations of producer organisations in the milk and milk products sectors will apply from that date;

B.whereas the Council decided on 16 July 2012 to request the extension by two months – i.e. until 28 October 2012 – of the deadline for raising objections to the Delegated Regulation, noting the importance of deciding before 3 October 2012 whether or not to raise any objections to the said Regulation, and whereas it notified Parliament thereof by letter of 17July 2012;

1.Declares that it has no objections to the Delegated Regulation;

2.Instructs its President to forward this decision to the Council and the Commission.

P7_TA-PROV(2012)0327

Minimum standards on the rights, support and protection of victims of crime***I

Committee on Civil Liberties, Justice and Home Affairs

Committee on Women's Rights and Gender Equality

PE480.616

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2011)0275),

–having regard to Article294(2) and Article 82(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C70127/2011),

–having regard to Article294(3) of the Treaty on the Functioning of the European Union,

–having regard to the opinion of the European Economic and Social Committee of 7 December 2011[4],

–having regard to the opinion of the Committee of the Regions of 16 February 2012[5],

–having regard to the undertaking given by the Council representative by letter of 21 June 2012 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 joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Women's Rights and Gender Equality under Rule 51 of the Rules of Procedure,

–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Legal Affairs (A7-0244/2012),

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

2.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;

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

P7_TC1-COD(2011)0129

Position of the European Parliament adopted at first reading on 12 September 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(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 Committee[6],

Having regard to the opinion of the Committee of the Regions[2],

Acting in accordance with the ordinary legislative procedure[3],

Whereas:

(1)The ▌Union has set itself the objective of maintaining and developing an area of freedom, security and justice, the cornerstone of which is the mutual recognition of judicial decisions in civil and criminal matters.

(2)The Union is committed to the protection of, and to the establishment of minimum standards in regard to, victims of crime and the Council has adopted Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings[7]. Under the Stockholm Programme – An open and secure Europe serving and protecting citizens[8], adopted by the European Council at its meeting on 10 and 11 December 2009, the Commission and the Member States were asked to examine how to improve legislation and practical support measures for the protection of victims, with particular attention paid to, support for and recognition of, all victims, including for victims of terrorism, as a priority.

(3)Article 82(2) of the Treaty on the Functioning of the European Union (TFEU) provides for the establishment of minimum rules applicable in the Member States to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, in particular with regard to the rights of victims of crime.

(4)In its resolution of 10 June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings[9] ('the Budapest Roadmap'), the Council stated that action should be taken at Union level in order to strengthen the rights of, support for, and protection of victims of crime. To that end and in accordance with that resolution, this Directive aims to revise and supplement the principles set out in Framework Decision 2001/220/JHA and to take significant steps forward in the level of protection of victims throughout the Union, in particular within the framework of criminal proceedings.

(5)The resolution of the European Parliament of 26 November 2009 on the elimination of violence against women[10] called on the Member States to improve their national laws and policies to combat all forms of violence against women and to act in order to tackle the causes of violence against women, not least by employing preventive measures, and called on the Union to guarantee the right to assistance and support for all victims of violence.

(6)In its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women[11] the European Parliament proposed a strategy to combat violence against women, domestic violence and female genital mutilation as a basis for future legislative criminal-law instruments against gender-based violence including a framework to fight violence against women (policy, prevention, protection, prosecution, provision and partnership) to be followed up by a Union action plan. International regulation within this area includes the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted on 18 December 1979, the CEDAW Committee’s recommendations and decisions, and the Council of Europe Convention on preventing and combating violence against women and domestic violence adopted on 7 April 2011.

(7)Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order[12]establishes mechanisms for the mutual recognition of protection measures in criminal matters between Member States. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims[13] and Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography[14] address, inter alia, the specific needs of the particular categories of victims of human trafficking, child sexual abuse, sexual exploitation and child pornography.

(8)Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism[15] recognises that terrorism constitutes one of the most serious violations of the principles on which the Union is based, including the principle of democracy, and confirms that it constitutes, inter alia, a threat to the free exercise of human rights.

▌

(9)Crime is a wrong against society as well as a violation of the individual rights of victims. As such, victims of crime should be recognised and treated in a respectful, sensitive and professional manner without discrimination of any kind based on any ground such as race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender, gender expression, gender identity, sexual orientation, residence status or health. In all contacts with a competent authority operating within the context of criminal proceedings, and any service coming into contact with victims, such as victim support or restorative justice services, the personal situation and immediate needs, age, gender, possible disability and maturity of victims of crimeshould be taken into account while fully respecting their physical, mental and moral integrity. Victims of crime should be protected from secondary and repeat victimisation, from intimidation and from retaliation, should receive appropriate support to facilitate their recovery and should be provided with sufficient access to justice.

(10)This Directive does not address the conditions of the residence of victims of crime in the territory of the Member States. Member States should take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim’s residence status in their territory or on the victim's citizenship or nationality. Reporting a crime and participating in criminal proceedings do not create any rights regarding the residence status of the victim.

▌

(11)This Directive lays down minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection.

(12)The rights set out in this Directive are without prejudice to the rights of the offender. The term "offender" refers to a person who has been convicted of a crime. However, for the purposes of this Directive, it also refers to a suspected or accused person before any acknowledgement of guilt or conviction, and it is without prejudice to the presumption of innocence.

(13)This Directive applies in relation to criminal offences committed in the Union and to criminal proceedings that take place in the Union. It confers rights on victims of extra-territorial offences only in relation to criminal proceedings that take place in the Union. Complaints made to competent authorities outside the Union, such as embassies, do not trigger the obligations set out in this Directive.

(14)In applying this Directive, children's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child adopted on 20 November 1989. Child victims should be considered and treated as the full bearers of rights set out in this Directive and should be entitled to exercise those rights in a manner that takes into account their capacity to form their own views.

(15)In applying this Directive, Member States should ensure that victims with disabilities are able to benefit fully from the rights set out in this Directive, on an equal basis with others, including by facilitating the accessibility to premises where criminal proceedings are conducted and access to information.