Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | BRADBOURN Philip ( PPE-DE) |
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 047-p2, EC Treaty (after Amsterdam) EC 095
Legal Basis:
EC Treaty (after Amsterdam) EC 047-p2, EC Treaty (after Amsterdam) EC 095Events
PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology).
LEGISLATIVE ACT: Directive 2008/20/EC of the European Parliament and of the Council amending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as regards the implementing powers conferred on the Commission.
CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).
The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision. This may include deleting some of those elements or supplementing the instrument, by the addition of new non-essential elements.
This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument in cases where:
the draft may exceed the implementing powers provided for in the basic instrument; the draft is incompatible with the aim or the content of that instrument; or the draft fails to respect the principles of subsidiarity or proportionality.
In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on the nature of the implementing powers conferred on the Commission and the specificity of each sector.
The purpose of this Directive, therefore, is to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny.
By 31 December 2010, and thereafter at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers and on the need for the Commission to propose possible amendments.
ENTRY INTO FORCE: 20 March 2008.
The European Parliament adopted a resolution drafted by Philip BRADBOURN (EPP-ED, UK) amending the Commission proposal aiming to align Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to the new regulatory procedure with scrutiny. The resolution was adopted by 621 votes in favour to 5 against with 20 abstentions.
Parliament made the following amendments:
- a new recital states that the Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability;
- by 31 December 2010, and thereafter at least every 3 years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to the Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether an amendment is necessary or not shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to modify the provisions conferring implementing powers on the Commission.
The Committee on Civil Liberties, Justice and Home Affairs unanimously adopted the report by Philip BRADBOURN (EPP-ED, UK) amending, at first reading of the codecision procedure, the Commission proposal aiming to align Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to the new comitology procedure, regulatory procedure with scrutiny.
This new comitology procedure shall apply to certain aspects of the directive, however, MEPs considered it necessary to table the following amendments:
- a new recital it states that Directive 2005/60/EC provides for a regular report on its implementation to be drawn up by the Commission. That report may be accompanied by a legislative proposal introducing the necessary modifications to that Directive;
- Article 42 shall now state that by 15 December 2009, and at least at three-yearly intervals thereafter, the Commission shall draw up a report on the implementation of this Directive with, if appropriate, a legislative proposal introducing the necessary modifications to Directive 2005/60/EC in accordance with the procedure laid down in Article 251 of the Treaty and submit it to the European Parliament and the Council. In the first such report, the Commission shall include a specific examination of the treatment of lawyers and other independent legal professionals.
The European Central Bank adopted an Opinion at the request of the Council of the European Union on eight proposals amending Directives 2006/49/EC, 2006/48/EC, 2005/60/EC, 2004/109/EC, 2004/39/EC, 2003/71/EC, 2003/6/EC and 2002/87/EC, as regards the implementing powers conferred on the Commission.
The ECB welcomes the new agreement on comitology reached between the European Parliament, the Council and the Commission, which is of great importance for the continued functioning of the Lamfalussy process.
The ECB has no specific comments on the proposals which are in line with the joint statement of the European Parliament, the Council and the Commission on the introduction of the new ‘regulatory procedure with scrutiny’ into the comitology framework).
Having regard to the importance of the role played by implementing measures in EU legislation in the financial services field, the ECB takes this opportunity to underline the importance of its advisory role under Article 105(4) of the Treaty, which requires the ECB to be consulted ‘on any proposed Community act in its fields of competence’.
As recently noted, the ECB considers that proposed Level 2 acts constitute “proposed Community acts” within the meaning of Article 105(4) of the Treaty’. Therefore the Treaty provision which requires the ECB to be consulted on any proposed Community act in its field of competence includes an obligation for it to be consulted on these implementing acts.
It should be noted that the lack of consultation between Community institutions has been the subject of several judgments by the Court of Justice. As far as Article 105(4) of the Treaty is concerned, in Case C-11/00 Commission v European Central Bank [2003] ECR I-7147, Advocate General Jacobs emphasised that: ‘Consultation of the ECB on proposed measures in its field of competence is a procedural step, required by a provision of the Treaty, which is clearly capable of affecting the content of the measures adopted. Failure to comply with such requirement must, in my view, be capable of leading to the annulment of the measures adopted’,
PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology).
PROPOSED ACT: Directive of the European Parliament and of the Council.
CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).
The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.
This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.
In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.
Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.
PURPOSE: to amend Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing by introducing a reference to the new regulatory procedure with scrutiny (comitology).
PROPOSED ACT: Directive of the European Parliament and of the Council.
CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).
The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.
This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.
In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.
Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.
Documents
- Final act published in Official Journal: Directive 2008/20
- Final act published in Official Journal: OJ L 076 19.03.2008, p. 0046
- Draft final act: 03678/2007/LEX
- Commission response to text adopted in plenary: SP(2007)6527
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T6-0524/2007
- Committee report tabled for plenary, 1st reading/single reading: A6-0225/2007
- Committee report tabled for plenary, 1st reading: A6-0225/2007
- Committee draft report: PE388.417
- Economic and Social Committee: opinion, report: CES0418/2007
- European Central Bank: opinion, guideline, report: CON/2007/0004
- European Central Bank: opinion, guideline, report: OJ C 039 23.02.2007, p. 0001
- Legislative proposal: COM(2006)0906
- Legislative proposal: EUR-Lex
- Legislative proposal published: COM(2006)0906
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2006)0906 EUR-Lex
- European Central Bank: opinion, guideline, report: CON/2007/0004 OJ C 039 23.02.2007, p. 0001
- Economic and Social Committee: opinion, report: CES0418/2007
- Committee draft report: PE388.417
- Committee report tabled for plenary, 1st reading/single reading: A6-0225/2007
- Commission response to text adopted in plenary: SP(2007)6527
- Draft final act: 03678/2007/LEX
Activities
- Pedro GUERREIRO
Plenary Speeches (4)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Jan ANDERSSON
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Göran FÄRM
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Ilda FIGUEIREDO
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Anna HEDH
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Andreas MÖLZER
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Inger SEGELSTRÖM
Plenary Speeches (3)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Laima Liucija ANDRIKIENĖ
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Glyn FORD
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Hélène GOUDIN
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Nils LUNDGREN
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- David MARTIN
Plenary Speeches (2)
- 2016/11/22 Explanations of vote
- 2016/11/22 Explanations of vote
- Jens-Peter BONDE
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Philip BRADBOURN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Hiltrud BREYER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Proinsias DE ROSSA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Albert DESS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Koenraad DILLEN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Den DOVER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Avril DOYLE
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Edite ESTRELA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Duarte FREITAS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Robert GOEBBELS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Marian HARKIN
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Jana HYBÁŠKOVÁ
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Richard HOWITT
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Christa KLASS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Vytautas LANDSBERGIS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Astrid LULLING
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Hans-Peter MAYER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Erik MEIJER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Robert NAVARRO
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- James NICHOLSON
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Péter OLAJOS
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Luís QUEIRÓ
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Zuzana ROITHOVÁ
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Richard SEEBER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Czesław Adam SIEKIERSKI
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Brian SIMPSON
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Bogusław SONIK
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Gabriele STAUNER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Andrzej Jan SZEJNA
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Jeffrey TITFORD
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Jacques TOUBON
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Thomas ULMER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
- Anja WEISGERBER
Plenary Speeches (1)
- 2016/11/22 Explanations of vote
Votes
Rapport Bradbourn A6-0225/2007 - résolution #
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