Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | AFCO | MACCORMICK Professor Sir Neil (V/ALE) | |
Opinion | ENVI | NOBILIA Mauro (UEN) | |
Opinion | JURI | ||
Opinion | RETT |
Legal Basis RoP 052
Activites
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2003/12/04
Decision by Parliament, 1st reading/single reading
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T5-0550/2003
summary
The European Parliament adopted a resolution based on the own-initiative report drafted by Sir Neil MacCORMICK (Greens/EFA, UK) on tripartite agreements. (Please refer to the summary dated 06/11/03.) Parliament stressed that tripartite contracts were not intended to amend existing Community legislation or be an appropriate instrument for transposing directives into national law. As they involve Member States as key partners, they will not conflict with the constitutional systems of the Member States and will not change the competences of public authorities. Furthermore, since they are not based on binding Community law and have therefore not been the subject of a legislative procedure involving Parliament and the Council, tripartite agreements should be restricted to matters concerning improved implementation of Community law.�
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T5-0550/2003
summary
- 2003/12/03 Debate in Parliament
- 2003/11/06 Vote in committee, 1st reading/single reading
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2003/05/15
Committee referral announced in Parliament, 1st reading/single reading
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2002/12/11
Non-legislative basic document published
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COM(2002)0709
summary
PURPOSE : to outline possibilities for the establishment of tripartite contracts and agreements between the Community, the States and local authorities. CONTENT : the publication of the White Paper on European Governance in 2001 introduced the idea of tripartite contracts, to be concluded between the Member States, the territorial authorities designated by them and the Commission. This Communication in as examination of what form such tripartite contracts and agreements should take. Greater EU involvement in regional policy and environmental legislation has frequently led to confusion over which actor in a chain of legislative and regulatory events should be involved in what. Many Member States and local authorities have requested greater clarification in order to introduce a culture of enhanced flexibility, efficiency and successful outcomes. This Communication on tripartite contracts and agreements is an answer to such requests. The Commission proposes that tripartite contracts and agreements can be defined as: - target-based tripartite contracts to describe contracts concluded between the European Community - represented by the Commission - a Member State and regional and local authorities in direct application of binding secondary Community law (regulations, directive or decisions; and - target-based tripartite agreements to describe agreements concluded between the Commission, A Member State and regional and local authorities outside a binding Community framework. In principle, both such contracts and agreements must be subject to a general obligation of compatibility with the Treaties and in particular, they may under no circumstances create or sustain obstacles to intra-Community trade. Nor must they be incompatible with Member States' constitutions. They can be justified when there is a proven case of enhanced political benefits, efficiency gains, the involvement and participation of regional and/or local authorities and if they can lead to a speedier performance. Such tripartite contracts would clearly lend themselves in particular to the EU's regional and environmental policies. The Commission does not plan to propose a modification of the existing provisions governing the implementation of the Structural Funds, considering instead that the existing partnerships should be allowed to run their course. In the case of tripartite contracts between the Community (represented by the Commission) - a Member State and the regional/local authorities designated by them an enabling clause will be included in the contracts. Also included will be wording recalling that the Member State alone will retain responsibility for due performance. Failure to do so could lead to possible legal action under Article 226 of the Treaty. Lastly, any one of the future contracting parties may take the initiative to establish such tripartite relations. In the first instance, the Commission plans to launch pilot target-based tripartite agreements. Only following an assessment of these target-based tripartite agreements will the Commission consider the possibility of target-based tripartite contracts.�
- DG [{'url': 'http://ec.europa.eu/dgs/secretariat_general/index_en.htm', 'title': 'Secretariat-General'}],
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COM(2002)0709
summary
Documents
- Non-legislative basic document published: COM(2002)0709
- Committee report tabled for plenary, single reading: A5-0401/2003
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T5-0550/2003
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