ORDINARY LEGISLATIVE Procedure - First Reading

Brussels, 11 October 2012

Commission Communication
on the action taken on opinions and resolutions adopted by Parliament at the September 2012 part-session

THE FIRST PART OF THIS COMMUNICATION INFORMS PARLIAMENT OF THE ACTION TAKEN BY THE COMMISSION ON AMENDMENTS ADOPTED BY PARLIAMENT RELATING TO PROPOSED LEGISLATION DURING THE SEPTEMBER2012 PART-SESSION.

IN THE SECOND PART, THE COMMISSION LISTS A NUMBER OF NON-LEGISLATIVE RESOLUTIONS ADOPTED BY PARLIAMENT DURING THE SAME PART-SESSION, WITH EXPLANATIONS AS TO WHY IT WILL NOT BE RESPONDING FORMALLY.

CONTENTS

Part One
Legislative opinions

ORDINARY LEGISLATIVE procedure - First Reading

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on European Standardisation and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and of the Council

1.Rapporteur:Lara COMI (EPP/IT)

2.EP reference number:A7-0069/2012 / P7_TA(2012)0311

3.Date of adoption of the resolution:11 September 2012

4.Subject:European standardisation

5.Interinstitutional reference number:2011/0150(COD)

6.Legal basis:Article 114 TFEU

7.Competent Parliamentary Committee:Committee on the Internal Market and Consumer Protection (IMCO)

8.Commission's position:The Commission can accept all amendments adopted by the European Parliament.

9.Outlook for amendment of the proposal:There is no need for a formal modified proposal as there is already agreement between the European Parliament and the Council, endorsed by the Commission

10.Outlook for the adoption of Council's position:The file was adopted by the Council on 4 October 2012.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution on the proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC as regards pharmacovigilance

1.Rapporteur:Linda McAVAN (S&D/UK)

2.EP reference number:A7-0165/2012 / P7_TA(2012)0313

3.Date of adoption of the resolution:11 September 2012

4.Subject:Strengthening the pharmacovigilance system at the European Union level

5.Interinstitutional reference number:2012/0025(COD)

6.Legal basis:Article294(2), Article114 and Article 168(4)(c) of the Treaty on the Functioning of the European Union

7.Competent Parliamentary Committee:Committee on the Environment, Public Health and Food Safety (ENVI)

8.Commission's position:The Parliament voted in first reading a compromise text which was the result of negotiations between the Parliament, the Council and the Commission.The Commission accepts all the amendments.

9.Outlook for amendment of the proposal:There is no need for a formal modified proposal, as there is already agreement between the European Parliament and Council, endorsed by the Commission.

10.Outlook for the adoption of Council's position:The Council adopted the proposal on 4 October 2012, at the EPSCO meeting.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards pharmacovigilance

1.Rapporteur:Linda McAVAN (S&D/UK)

2.EP reference number:A7-0164/2012 / P7_TA(2012)0314

3.Date of adoption of the resolution:11 September 2012

4.Subject:Strengthening the pharmacovigilance system at the European Union level

5.Interinstitutional reference number:2012/0023(COD)

6.Legal basis:Article294(2), Article114 and Article 168(4)(c) of the Treaty on the Functioning of the European Union

7.Competent Parliamentary Committee:Committee on the Environment, Public Health and Food Safety (ENVI)

8.Commission's position:The Parliament voted in first reading a compromise text which was the result of negotiations between the Parliament, the Council and the Commission.The Commission accepts all the amendments.

9.Outlook for amendment of the proposal:There is no need for a formal modified proposal, as there is already agreement between the European Parliament and Council endorsed by the Commission.

10.Outlook for the adoption of Council's position:The Council adopted the proposal on 4 October 2012, at the EPSCO meeting.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 1999/32/EC as regards the sulphur content of marine fuels

1.Rapporteur:Satu HASSI (Greens/EFA/FI)

2.EP reference number:A7-0038/2012 / P7_TA-PROV(2012)0315

3.Date of adoption of the resolution:11 September 2012

4.Subject:sulphur content of marine fuels

5.Interinstitutional reference number:2011/0190(COD)

6.Legal basis:Article 192(1) of the Treaty on the Functioning of the European Union

7.Competent Parliamentary Committee:Committee on the Environment, Public Health and Food Safety (ENVI)

8.Commission's position:The Commission accepted the compromise text adopted by the European Parliament.

9.Outlook for amendment of the proposal:There is no need for a formal modified proposal, as there is already agreement between the European Parliament and Council, endorsed by the Commission.

10.Outlook for the adoption of Council's position:The Council is expected to adopt the compromise text as political agreement was reached in trilogue and the final compromise text will be approved in COREPER of 29 October 2012.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on energy efficiency and repealing Directives2004/8/EC and 2006/32/EC

1.Rapporteur:Claude TURMES (Greens/EFA/LU)

2.EP reference number:A7-0265/2012 / P7_TA(2012)0306

3.Date of adoption of the resolution:11 September 2012

4.Subject:Energy Efficiency

5.Inter-institutional reference number:2011/0172(COD)

6.Legal basis:Article 194(2) of the Treaty on the Functioning of the European Union

7.Competent Parliamentary Committee:Committee on Industry, Research and Energy (ITRE)

8.Commission's position:All European Parliament amendments can be accepted by the Commission.

9.Outlook for amendment of the proposal:No written amendment of the proposal will be put forward by the Commission.

10.Outlook for the adoption of Council's position:The Council adopted the proposal during the EPSCO meeting on 4 October 2012.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No1234/2007 as regards the regime of the single payment scheme and support to vinegrowers

1.Rapporteur:Herbert DORFMANN (EPP/IT)

2.EP reference number:A7-0203/2012 / P7_TA-PROV(2012)0316

3.Date of adoption of the resolution:11 September 2012

4.Subject:Single payment scheme and support to vine-growers

5.Inter-institutional reference number:2011/0285(COD)

6.Legal basis:Article 43(2) of the Treaty on the Functioning of the European Union

7.Competent Parliamentary Committee:Committee on Agriculture and Rural Development (AGRI)

8.Commission's position:The Commission accepts all amendments adopted by the European Parliament.The resolution fully reflects the outcome of the informal trilogue, in which the position of the Commission on all outstanding questions has been duly taken into account.

9.Outlook for amendment of the proposal:Not necessary, in accordance with the compromise text agreed between the European Parliament and the Council.

10.Outlook for the adoption of Council's position:The Special Committee on Agriculture adopted this file on 1 October 2012.The Council adopted the proposal on 4October 2012.

ORDINARY LEGISLATIVE PROCEDURE – 1st reading

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’)

1.Rapporteur: Adam Jerzy BIELAN (ECR/PL)

2.European reference number: A7-0068/2012 / P7_TA-PROV(2012)0317

3.Date of adoption of the resolution: 11 September 2012

4.Subject: Internal Market Information System (IMI)

5.Inter-institutional reference: 2011/0226(COD)

6.Legal basis: Article114 of the Treaty on the Functioning of the European Union

7.Competent Parliamentary Committee: Internal Market and Consumer Protection (IMCO)

8.Commission's position:The Commission can accept all the amendments adopted by Parliament.

9.Outlook for amendment of the proposal: There is no intention of amending the proposal as the Council and Parliament agree on the text, which has also been approved by the Commission.

10.Outlook for the adoption of Council's position: The Council adopted the proposal on 4October2012.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution 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

1.Rapporteur:Pat the Cope GALLAGHER (ALDE/IE)

2.EP reference number:A7-0146/2012 /P7_TA-PROV(2012)0332

3.Date of adoption of the resolution:12 September 2012

4.Subject:measures in relation to countries allowing non-sustainable fishing for the purpose of the conservation of fish stocks

5.Interinstitutional reference number:2011/0434(COD)

6.Legal basis:Article 43(2) and Article 207 TFEU

7.Competent Parliamentary Committee:Committee onFisheries (PECH)

8.Commission's position:The Commission can accept all amendments voted by the European Parliament.

9.Outlook for amendment of the proposal:There is no need for a formal modified proposal, as there is already agreement between the European Parliament and Council, endorsed by the Commission.

10.Outlook for the adoption of Council's position:The Council adopted the text on 24September 2012.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution 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

1.Rapporteur:Struan STEVENSON (ECR/UK)

2.EP reference number:A7-0217/2012 / P7_TA-PROV(2012)0333

3.Date of adoption of the resolution:12 September 2012

4.Subject:Common organisation of the markets in fishery and aquaculture products

5.Interinstitutional reference number:2011/0194(COD)

6.Legal basis:Articles 42 and 43.2 TFEU

7.Competent Parliamentary Committee:Committee onFisheries (PECH)

8.Commission's position:The Commission can accept part of the 146 amendments adopted by the European Parliament.

The Commission can accept amendments33, 46, 60, 62, 66, 68, 69, 74, 76, 89, 92, 104, 111, 112, 113, 122, 125, 135, 144, 146. They concern in particular the responsibility of producer organisations to achieve sustainable fishing and aquaculture activities. In particular, the Commission shares Parliament's position that the landing of all incidental catches and bycatches are one of the objectives of the reform of the common fisheries policy.

The Commission can accept other amendments subject to adaptations: 12, 25, 31, 35, 36, 47, 48, 53, 58, 75, 78, 80, 93, 114, 133. They comprise redrafting and merges with other amendments for the sake of simplification, of consistency, and of avoiding redundancies, as well as the adoption of rules concerning Member States' checks on professional organisations by implementing acts instead of by delegated acts.

The Commission can partially accept amendments1, 8, 9, 15, 30, 32, 38, 41, 42, 103, 117, 123, 127, 149. In particular, the Commission accepts the Parliament's request to present a report on eco-labelling by 1 January 2015, accompanied, if the Commission considers it necessary, by a proposal.

The Commission cannot accept amendments2, 3, 4, 5, 6, 7, 11, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 34, 37, 39, 43, 44, 49, 52, 54, 55, 56, 57, 59, 61, 63, 64, 65, 67, 70, 71, 72, 73, 77, 79, 81, 82, 83, 84, 85, 87, 88, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 102, 105, 106, 107, 108, 109, 110, 116, 118, 119, 120, 121, 124, 126, 128, 129, 130, 131, 132, 134, 136, 137, 138, 139, 140, 141, 142, 143, 145, 147, 148, 150, 151, 165, 167. The most significant ones are the following:

Amendments 43 and 44 remove the distribution of landed products for charitable purposes from the measures deployable by producer organisations. The Commission does not share the Parliament's view since this measure is not intended to hinder the normal marketing of products and therefore should be kept.

Amendments 54, 63, 64 and 107 giveaquacultureproducer organisations a role in the stabilisation of the markets, including the extension of the storage mechanism to aquaculture products. The Commission considers that storage should be restricted to fishery products since the aquaculture industry can control their production.

Amendment 77 deletes the recognition requirement that producer organisations may not hold a dominant position on a given market. The Commission finds it necessary thatMemberStates check at the time of recognition that producer organisations do not hold a dominant position that could lead to anticompetitive practices forbidden by the Treaty.

Amendments 79 and 83 allowMember States to set additional conditions for recognition of producer organisations and to recognise as inter-branch organisations other organisations established by law. The Commission does not share this view on grounds that both producer organisations and inter-branch organisations are set on a voluntary basis and should meet certain conditions fixed at Union level.

Amendments 98 to 101 modify the provisions on extension of rules by producer organisation, in particular by shifting the decision on the extension to the Member States and by reducing the authorisation delay for the Commission to 15 days. The Commission should take the decision on the extension in order to provide reliability as regards competition rules. On the other hand, a two-month period is necessary to allow the Commission to complete the internal procedures for authorisation of the extension.

Amendment 119 removes the mandatory indication of the "date of catch" of fishery products and replaces it by the "date of landing." The Commission considers that the "date of catch" is an essential information for consumers and it gives a competitive advantage to Union production near the consumption places. The "date of landing" does not provide consumers with reliable information about the period from the catch of the product.

Amendment 121 deletes the extension of certain labelling requirements to preserved and prepared products, i.e. commercial name, production method and provenance. The Commission is of the opinion that these requirements respond to the growing public demand for information on these products, which now constitute an important share in the fishery and aquaculture products marketed in the Union.

Amendments 90, 91 and 138 remove the adoption of rules concerning the conditions for recognition of professional organisations, the mandatory and voluntary consumer information by means of delegated acts. Conferral of powers on the Commission to adopt delegated acts wouldallow swift adaptation of recognition conditions and of mandatory information in the light of changes in the situation of the markets. The possibility to adapt legislation by means of delegated acts is also necessary to establish minimum criteria for voluntary information including eco-labelling for fishery products.

9.Outlook for amendment of the proposal:With a view to supporting rapid progress in the Council framework, the Commission intends to draw the Council's attention to the Commission's position on Parliament's first reading amendments orally.

10.Outlook for the adoption of Council's position:The Council is expected to adopt its position in the first half of 2013.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution 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

1.Rapporteurs:Teresa JIMÉNEZ-BECERRIL BARRIO (EPP/ES), AntonyiaPARVANOVA (ALDE/BG)

2.EP reference number: A7-0244/2012 / P7_TA-PROV(2012)0327

3.Date of adoption of the resolution:12 September 2012

4.Subject:Rights, support and protection of victims of crime

5.Interinstitutional reference number:2011/0129(COD)

6.Legal basis:Article 82(2) of the TFEU

7.Competent Parliamentary Committee:Committee on Civil Liberties, Justice and Home Affairs (LIBE) and Committee on Women's Rights and Gender Equality (FEMM)

8.Commission's position:The Commission can accept all amendments adopted by the European Parliament.

9.Outlook for amendment of the proposal:There is no need for a formal modified proposal, as there is already agreement between the European Parliament and Council, endorsed by the Commission.

10.Outlook for the adoption of Council's position:Political agreement has been reached on 20 June 2012.The Council adopted the proposal on 4October 2012.

ORDINARY LEGISLATIVE procedure - First reading

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of a number of countries from the list of regions or states which have concluded negotiations

1.Rapporteur:David MARTIN (S&D/UK)

2.EP reference number:A7-0207/2012 / P7_TA-PROV(2012)0342

3.Date of adoption of the resolution:13 September 2012

4.Subject:the exclusion of a number of countries from the list of regions or states which have concluded negotiations

5.Interinstitutional reference number:2011/0260(COD)

6.Legal basis:Article 207(2) of the Treaty on the Functioning of the European Union

7.Competent Parliamentary Committee:Committee on International Trade (TRADE)

8.Commission's position:

The European Parliament adopted the Commission's proposal with the following amendments 1-4:

Amendment 1:Expert involvement in preparation of delegated acts

The Commission cannot accept this amendment.Relations between the European Parliament and the Commission concerning delegated acts are managed in the Common Understanding and Framework Agreement between the European Parliament and the Commission.The text departs from recitals agreed in the Common Understanding on Delegated Acts and is also different from the text proposed by Parliament in the Trade Omnibus proposal.There is no need to supplement on an ad hoc basis.

Amendment 2:Limitation of Delegation of Powers

This amendment could be accepted.The proposal limits the time of the delegation of powers conferred to the Commission, transforming it into a system of five years with tacit renewal.

Amendment 3:Decision-making:objection period

The Commission cannot accept this amendment.The Common Understanding on Delegated Acts suggests that the Council and the European Parliament would normally have 2 months to object to a Commission delegated act.This can be normally extended by an additional 2months.The Parliament proposes to increase the extension to 4 months.The justification of the Parliament's proposed approach is unclear and the extension may increase uncertainty.