2008/2096(INI) | [ParlTrack]

Procedure completed

2008/2096(INI) Alignment of legal acts to the new Comitology Decision

Role	Committee	Rapporteur	Shadows
Lead	JURI	SZÁJER József (PPE-DE)

Lead committee dossier: JURI/6/61816
Legal Basis RoP 042

Subjects

8.40.10 Interinstitutional relations, democratic deficit, subsidiarity, comitology

Links

Activites

2008/09/23 Text adopted by Parliament, single reading
- T6-0424/2008 summary
  
  The European Parliament adopted by 624 votes to 25, with 10 abstentions, a resolution containing recommendations to the Commission on the alignment of legal acts to the new Comitology Decision. The own initiative report had been tabled for consideration in plenary by József SZÁJER (EPP-ED, HU) on behalf of the Committee on Legal Affairs. The report stresses that, for the sake of the quality of legislation, it is increasingly necessary to delegate to the Commission the development of the non-essential and more technical aspects of the legislation as well as its prompt adjustment to take account of technological progress and economic change. Such delegation of powers must be facilitated by giving the legislator the institutional means to scrutinise the exercise of such powers. MEPs note that the current alignment of the acquis with the Comitology Decision is still not complete since there remain legal instruments that provide for implementing measures to which the new regulatory procedure with scrutiny should be applied. Therefore, the European Commission is invited to: submit to Parliament, on the basis of the appropriate articles of the EC Treaty, legislative proposals completing the comitology alignment. These proposals should be drawn up in the light of interinstitutional discussions and address, in particular, the legislative acts listed in the Annex; submit the corresponding legislative proposals for the purpose of bringing the remaining legal acts into line with the Comitology Decision, in particular those listed in the Annex hereto; submit, in the event that the present alignment procedures are not concluded prior to the entry into force of the Treaty of Lisbon, the relevant legislative proposals needed to adapt those legal acts that have still not been aligned at that juncture to the new regime provided for by Article 290 of the Treaty on the Functioning of the European Union; submit, following the entry into force of the Treaty of Lisbon, the relevant legislative proposals needed to align the whole of the acquis communautaire to that new regime; submit as soon as possible the draft legislative proposal for the regulation laying down in advance the rules and general principles concerning the mechanism for control by Member States of the exercise of implementing powers by the Commission, in accordance with Article 291(3) of the Treaty on the Functioning of the European Union. The resolution requests that additional resources be granted in the European Parliament for all comitology procedures, not just during the current transitional period but also in preparation for the eventuality that the Treaty of Lisbon enters into force, in order to ensure that every comitology procedure between the three institutions functions satisfactorily.
- Results of vote in Parliament
2008/09/23 Commission response to text adopted in plenary
- SP(2008)6073
- SP(2008)6487
- DG Secretariat General, BARROSO José Manuel
2008/09/22 Debate in Parliament
2008/09/15 Committee report tabled for plenary, single reading
- A6-0345/2008
2008/09/15 Committee report tabled for plenary, single reading
- A6-0345/2008
2008/09/09 Vote in committee, 1st reading/single reading
2008/06/09 Committee draft report
- PE406.105
2008/04/24 Committee referral announced in Parliament, 1st reading/single reading

Documents

Committee draft report: PE406.105
Committee report tabled for plenary, single reading: A6-0345/2008
Committee report tabled for plenary, single reading: A6-0345/2008
Decision by Parliament, 1st reading/single reading: T6-0424/2008
Results of vote in Parliament: Results of vote in Parliament
Commission response to text adopted in plenary: SP(2008)6073
Commission response to text adopted in plenary: SP(2008)6487

Amendments	Dossier
14	2008/2096(INI) 2008/07/10 JURI 14 amendments... Amendment 1 # Manuel MEDINA ORTEGA Motion for a resolution Recital A A. whereas, for the sake of the quality of legislation, it ~~is increasingly necessary~~may be appropriate to delegate to the Commission the development of the non-essential and more technical aspects of the legislation as well as its prompt adjustment to take account of technological progress and economic change; whereas such delegation of powers must be facilitated by giving the legislator the institutional means to scrutinise the use such powers, Amendment 10 # Manuel MEDINA ORTEGA Motion for a resolution Paragraph 4 a (new) 4 a. Calls upon the Commission to submit the corresponding legislative proposals for the purpose of bringing the remaining legal acts into line with Decision 1999/468/EC as amended by means of Decision 2006/512/EC, in particular the ones included in the Annex to this resolution; Amendment 11 # József SZÁJER Motion for a resolution Paragraph 4 a (new) 4a. Requests that additional resources be granted to the European Parliament itself for all comitology procedures, not just during the current transitional period, but also in preparation for the eventuality that the Lisbon Treaty enters into force, in order to ensure that every comitology procedure between the three institutions functions satisfactorily; Amendment 12 # Hans-Peter MAYER Motion for a resolution Paragraph 6 ~~6. Considers that the requested proposals have no financial implications;~~deleted Amendment 13 # József SZÁJER Motion for a resolution Paragraph 6 6. Considers that the requested proposals have no financial implications; Amendment 14 # Manuel MEDINA ORTEGA Motion for a resolution Annex - Introductory section The Parliament asks the Commission to present the corresponding legislative proposals to align the remaining legal acts to the Decision of 28 June 1999 as amended by Decision 2006/512/EC, and in particular:deleted Amendment 2 # Manuel MEDINA ORTEGA Motion for a resolution Recital C C. whereas Article 2 paragraph 2 of that Decision incorrectly introduces the concept of "quasi- legislative" measures where a basic legal instrument adopted by codecision provides for measures of general scope designed to amend non- essential elements of that instrument, inter alia, by deleting some of those elements or by supplementing the instrument by the addition of new non- essential elements; whereas it is up to the Union legislator to define, on a case by case basis, the essential elements of each legislative act, that can only be amended by via a legislative procedure, Amendment 3 # Manuel MEDINA ORTEGA Motion for a resolution Recital D D. whereas that Decision makes what are known as "quasi- legislative" measures subject to a regulatory procedure with scrutiny under which the European Parliament is fully associated with the control of such measures and can oppose draft measures proposed by the Commission which exceed the implementing powers provided for in the basic instrument or a draft which is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality, Amendment 4 # Francesco Enrico SPERONI Motion for a resolution Recital I ~~I. whereas the Lisbon Treaty introduces a hierarchy of norms and creates the "~~delegated act", that is to say where "a legislative act ... delegate[s] to the Commission the power to adopt non- legislative acts of general application to supplement or amend certain non- essential elements of the legislative act"; whereas the new Treaty also treats implementing acts in a new way and provides in particular for codecision between Parliament and the Council as the procedure for the adoption of the regulation that will lay down the mechanisms for control by the Member States over implementing acts, Amendment 5 # Francesco Enrico SPERONI Motion for a resolution Recital J J. whereas implementation of the corresponding provisions of the Lisbon Treaty will necessitate an intense and complex process of interinstitutional negotiation and whereas it implies that the present process of alignment should be completed as soon as possible and in any case before the Lisbon Treaty enters into force,deleted Amendment 6 # Francesco Enrico SPERONI Motion for a resolution Recital K K. whereas after the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty) has entered into force, it ~~will~~could be necessary to move on to a new - more complex - alignment of the acquis to the provisions of Article 290 of the Treaty on the functioning of the European Union on delegation of legislation; whereas although the definition of delegated act in the Lisbon Treaty is similar to the concept of "quasi- legislative" measure introduced by the recent Comitology Decision, the two concepts are not identical and the two pertinent procedural regimes are totally different; hence the present alignment exercise cannot be regarded as constituting an exact precedent for the future, Amendment 7 # József SZÁJER Motion for a resolution Recital K K. whereas ~~after~~, in the event that the Lisbon Treaty ~~has~~ entereds into force, it will be necessary to move on to a new - more complex - alignment of the acquis to the provisions of Article 290 of the Treaty on the functioning of the European Union on delegation of legislation; whereas although the definition of delegated act in the Lisbon Treaty is similar to the concept of "quasi- legislative" measure introduced by the recent Comitology Decision, the two concepts are not identical and the two pertinent procedural regimes are totally different; hence the present alignment exercise cannot be regarded as constituting an exact precedent for the future, Amendment 8 # Francesco Enrico SPERONI Motion for a resolution Paragraph 2 2. Requests the Commission to submit, in case the present alignment procedures will not be wound up before the entry into force of the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty), the pertinent legislative proposals in order to adapt the legal acts, that are still not aligned by then, to the new regime provided by Article 290 of the Treaty on the functioning of the European Union; Amendment 9 # Francesco Enrico SPERONI Motion for a resolution Paragraph 3 3. Requests the Commission to submit, in any case, after the entry into force of the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty), the pertinent legislative proposals to align the whole of acquis communautaire to this new regime; source: PE-409.589

Amendments

Dossier

2008/2096(INI)

2008/07/10 JURI 14 amendments...

Amendment 1 #

Manuel MEDINA ORTEGA

Motion for a resolution
Recital A

A. whereas, for the sake of the quality of legislation, it ~~is increasingly necessary~~may be appropriate to delegate to the Commission the development of the non-essential and more technical aspects of the legislation as well as its prompt adjustment to take account of technological progress and economic change; whereas such delegation of powers must be facilitated by giving the legislator the institutional means to scrutinise the use such powers,

Amendment 10 #

Manuel MEDINA ORTEGA

Motion for a resolution
Paragraph 4 a (new)

4 a. Calls upon the Commission to submit the corresponding legislative proposals for the purpose of bringing the remaining legal acts into line with Decision 1999/468/EC as amended by means of Decision 2006/512/EC, in particular the ones included in the Annex to this resolution;

Amendment 11 #

József SZÁJER

Motion for a resolution
Paragraph 4 a (new)

4a. Requests that additional resources be granted to the European Parliament itself for all comitology procedures, not just during the current transitional period, but also in preparation for the eventuality that the Lisbon Treaty enters into force, in order to ensure that every comitology procedure between the three institutions functions satisfactorily;

Amendment 12 #

Hans-Peter MAYER

Motion for a resolution
Paragraph 6

~~6. Considers that the requested proposals have no financial implications;~~deleted

Amendment 13 #

József SZÁJER

Motion for a resolution
Paragraph 6

6. Considers that the requested proposals have no financial implications;

Amendment 14 #

Manuel MEDINA ORTEGA

Motion for a resolution
Annex - Introductory section

The Parliament asks the Commission to present the corresponding legislative proposals to align the remaining legal acts to the Decision of 28 June 1999 as amended by Decision 2006/512/EC, and in particular:deleted

Amendment 2 #

Manuel MEDINA ORTEGA

Motion for a resolution
Recital C

C. whereas Article 2 paragraph 2 of that Decision incorrectly introduces the concept of "quasi- legislative" measures where a basic legal instrument adopted by codecision provides for measures of general scope designed to amend non- essential elements of that instrument, inter alia, by deleting some of those elements or by supplementing the instrument by the addition of new non- essential elements; whereas it is up to the Union legislator to define, on a case by case basis, the essential elements of each legislative act, that can only be amended by via a legislative procedure,

Amendment 3 #

Manuel MEDINA ORTEGA

Motion for a resolution
Recital D

D. whereas that Decision makes what are known as "quasi- legislative" measures subject to a regulatory procedure with scrutiny under which the European Parliament is fully associated with the control of such measures and can oppose draft measures proposed by the Commission which exceed the implementing powers provided for in the basic instrument or a draft which is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality,

Amendment 4 #

Francesco Enrico SPERONI

Motion for a resolution
Recital I

~~I. whereas the Lisbon Treaty introduces a hierarchy of norms and creates the "~~delegated act", that is to say where "a legislative act ... delegate[s] to the Commission the power to adopt non- legislative acts of general application to supplement or amend certain non- essential elements of the legislative act"; whereas the new Treaty also treats implementing acts in a new way and provides in particular for codecision between Parliament and the Council as the procedure for the adoption of the regulation that will lay down the mechanisms for control by the Member States over implementing acts,

Amendment 5 #

Francesco Enrico SPERONI

Motion for a resolution
Recital J

J. whereas implementation of the corresponding provisions of the Lisbon Treaty will necessitate an intense and complex process of interinstitutional negotiation and whereas it implies that the present process of alignment should be completed as soon as possible and in any case before the Lisbon Treaty enters into force,deleted

Amendment 6 #

Francesco Enrico SPERONI

Motion for a resolution
Recital K

K. whereas after the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty) has entered into force, it ~~will~~could be necessary to move on to a new - more complex - alignment of the acquis to the provisions of Article 290 of the Treaty on the functioning of the European Union on delegation of legislation; whereas although the definition of delegated act in the Lisbon Treaty is similar to the concept of "quasi- legislative" measure introduced by the recent Comitology Decision, the two concepts are not identical and the two pertinent procedural regimes are totally different; hence the present alignment exercise cannot be regarded as constituting an exact precedent for the future,

Amendment 7 #

József SZÁJER

Motion for a resolution
Recital K

K. whereas ~~after~~, in the event that the Lisbon Treaty ~~has~~ entereds into force, it will be necessary to move on to a new - more complex - alignment of the acquis to the provisions of Article 290 of the Treaty on the functioning of the European Union on delegation of legislation; whereas although the definition of delegated act in the Lisbon Treaty is similar to the concept of "quasi- legislative" measure introduced by the recent Comitology Decision, the two concepts are not identical and the two pertinent procedural regimes are totally different; hence the present alignment exercise cannot be regarded as constituting an exact precedent for the future,

Amendment 8 #

Francesco Enrico SPERONI

Motion for a resolution
Paragraph 2

2. Requests the Commission to submit, in case the present alignment procedures will not be wound up before the entry into force of the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty), the pertinent legislative proposals in order to adapt the legal acts, that are still not aligned by then, to the new regime provided by Article 290 of the Treaty on the functioning of the European Union;

Amendment 9 #

Francesco Enrico SPERONI

Motion for a resolution
Paragraph 3

3. Requests the Commission to submit, in any case, after the entry into force of the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty), the pertinent legislative proposals to align the whole of acquis communautaire to this new regime;

source: PE-409.589

History

(these mark the time of scraping, not the official date of the change)

2012-02-09Show (5) Changes

activities	date: 2008-04-24T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2008-02-06T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: SZÁJER József date: 2008-06-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE406.105 type: Committee draft report title: PE406.105 body: EP type: Committee draft report date: 2008-09-09T00:00:00 body: EP committees: body: EP responsible: True committee: JURI date: 2008-02-06T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: SZÁJER József type: Vote in committee, 1st reading/single reading date: 2008-09-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-0345&language=EN type: Committee report tabled for plenary, single reading title: A6-0345/2008 body: type: Committee report tabled for plenary, single reading date: 2008-09-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-0345&language=EN type: Committee report tabled for plenary, single reading title: A6-0345/2008 body: EP type: Committee report tabled for plenary, single reading date: 2008-09-22T00:00:00 body: EP type: Debate in Parliament date: 2008-09-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-0424 type: Decision by Parliament, 1st reading/single reading title: T6-0424/2008 url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16048&l=en type: Results of vote in Parliament title: Results of vote in Parliament body: EP type: Text adopted by Parliament, single reading date: 2008-09-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/spdoc.do?i=16048&j=0&l=en type: Commission response to text adopted in plenary title: SP(2008)6073 url: http://www.europarl.europa.eu/oeil/spdoc.do?i=16048&j=1&l=en type: Commission response to text adopted in plenary title: SP(2008)6487 body: EC commission: DG: Secretariat General Commissioner: BARROSO José Manuel type: Commission response to text adopted in plenary
committees	body: EP responsible: True committee: JURI date: 2008-02-06T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: SZÁJER József
links
other	body: EC dg: Secretariat General commissioner: BARROSO José Manuel
procedure	dossier_of_the_committee JURI/6/61816 reference 2008/2096(INI) title Alignment of legal acts to the new Comitology Decision legal_basis Rules of Procedure of the European Parliament EP 042 stage_reached Procedure completed subtype Legislative initiative type INI - Own-initiative procedure subject 8.40.10 Interinstitutional relations, democratic deficit, subsidiarity, comitology

Activites

Documents

History

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