BETA


2016/0399(COD) Adapting a number of legal acts in the area of justice to Article 290 TFEU (Commission delegated acts)

Progress: Awaiting Council 1st reading position / budgetary conciliation convocation

RoleCommitteeRapporteurShadows
Lead JURI SZÁJER József (icon: PPE PPE) KAUFMANN Sylvia-Yvonne (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR), CAVADA Jean-Marie (icon: ALDE ALDE), ROHDE Jens (icon: ALDE ALDE), DURAND Pascal (icon: Verts/ALE Verts/ALE), BOUTONNET Marie-Christine (icon: ENF ENF)
Lead committee dossier:
Legal Basis:
TFEU 081-p2

Events

2019/08/08
   Commission response to text adopted in plenary
Documents
2019/04/17
   EP - Results of vote in Parliament
2019/04/17
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 564 votes to 24, with 22 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union.

The Treaty of Lisbon substantially modified the legal framework governing the powers conferred on the Commission by the legislator, introducing a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred on the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts).

The proposed Regulation aims to adapt a series of basic instruments where the regulatory procedure with scrutiny (RPS) applies to make them evolve into delegated acts.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission's proposal to clarify that the power to adopt delegated acts would be conferred on the Commission for a period of five years.

The Commission shall prepare a report on the delegation of authority no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of the same duration, unless the European Parliament or the Council objects to such an extension no later than three months before the end of each period.

In a recital, Parliament pointed out that bundling and presenting empowerments that are not closely linked with each other within a single delegated act of the Commission impedes the exercise of Parliament's right of scrutiny, as it is forced to simply accept or refuse the entire delegated act, which leaves no room to express an opinion on each empowerment individually.

Documents
2018/01/30
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the report by József SZÁJER (EPP, HU) on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union.

Members welcomed the Commission’s proposal to adapt three basic acts where the regulatory procedure with scrutiny (RPS) applies in order to make them into delegated acts.

Building on Parliament’s resolution of 25 February 2014 , the report proposed to amend the Commission proposal to focus on the duration of the delegation of powers (which shall not exceed five years and shall be accompanied by a reporting obligation on the Commission).

In addition, the deadline to object to a delegated act shall be three months (and not two months as proposed by the Commission).

Documents
2018/01/24
   EP - Vote in committee, 1st reading/single reading
2018/01/24
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/12/18
   EP - Amendments tabled in committee
Documents
2017/11/13
   EP - Committee draft report
Documents
2017/05/12
   IT_SENATE - Contribution
Documents
2017/05/03
   CZ_CHAMBER - Contribution
Documents
2017/04/27
   PT_PARLIAMENT - Contribution
Documents
2017/03/16
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/01/12
   EP - SZÁJER József (PPE) appointed as rapporteur in JURI
2016/12/14
   EC - Legislative proposal published
Details

PURPOSE: to adapt a number of legal acts in the area of justice to the Treaty on the Functioning of the European Union (Article 290, powers delegated to the Commission).

LEGISLATIVE ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND : the Treaty of Lisbon introduced a distinction between the following:

powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), as referred to in Article 290 of the Treaty on the Functioning pf the EU; and powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts) as referred to in Article 291 of the Treaty.

The measures which may be covered by delegations of powers correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC. This procedure still appears in the basic acts covered by this proposal and continues to apply in those acts until they are formally amended and adapted to the Lisbon Treaty.

The Commission made three horizontal alignment legislative proposals in 2013 ( Omnibus I, Omnibus II and Omnibus III ). The European Parliament adopted its legislative resolutions on 25 February 2014, broadly agreeing with the proposals by the Commission. The Council, however, did not support the Commission proposals, due to the absence of stronger guarantees that Member State experts would be systematically consulted in the preparation of delegated acts.

The European Parliament, the Council and the Commission subsequently agreed on a new framework for delegated acts in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (IAA) and acknowledged the need to align all existing legislation to the legal framework introduced by the Lisbon Treaty. In particular, they agreed on the need to give high priority to the prompt alignment of all basic acts that still refer to the regulatory procedure with scrutiny.

CONTENT: the proposal aligns three basic acts to Article 290 of the Treaty on the Functioning of the EU, these acts being:

Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters; Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims; Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation No 1348/2000.

The alignment clauses reflect the following points in the IAA:

they now provide for a clear commitment to a systematic consultation of experts from the Member States in the preparation of delegated acts. This fulfils a key condition for a successful second attempt to align the old regulatory procedure with scrutiny provisions to the Lisbon Treaty. This commitment is now explicitly included in the new standard clauses ; they recognise the important role of early cooperation and exchange of views with the European Parliament in relation to delegated acts. The European Parliament must receive all documents at the same time as Member State experts, including the draft delegated acts, and the alignment clauses provide for systematic access of European Parliament experts to the meetings of Commission expert groups preparing delegated acts.

Accordingly, to each basic act a number of amendments are made, and references to the regulatory procedure with scrutiny are deleted.

As regards the duration of the empowerment the Commission proposes empowerments with an indeterminate duration , since the legislator has the possibility of revoking an empowerment in all cases and at any time.

Acts on which individual legislative proposals have been made in the meantime are not included in the proposal. This concerns two acts in the area of justice:

Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of creating a European order for payment procedure; Regulation (EC) No. 861/2007 establishing a European small claims procedure. These have been aligned in the meantime been aligned by Regulation (EU) 2015/2421.

This proposal is linked to the proposal on adapting a number of legal acts to Article 290 and 291 of the TFEU.

Documents

Votes

A8-0012/2018 - József Szájer - Vote unique 17/04/2019 17:18:58.000

2019/04/17 Outcome: +: 562, -: 24, 0: 22
DE FR ES PL IT GB RO BE CZ PT NL SE AT BG HU FI HR DK SK SI LT LU IE MT LV EE EL CY
Total
91
68
49
43
44
53
24
18
18
19
22
18
16
12
15
11
11
11
10
8
7
6
6
6
6
4
11
1
icon: PPE PPE
175

United Kingdom PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

2

Luxembourg PPE

3

Ireland PPE

3

Estonia PPE

For (1)

1
icon: S&D S&D
153

Czechia S&D

For (1)

1

Netherlands S&D

3

Hungary S&D

2

Croatia S&D

2

Slovakia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Latvia S&D

1

Estonia S&D

For (1)

1

Greece S&D

1
icon: ALDE ALDE
56

Italy ALDE

For (1)

1

Romania ALDE

For (1)

1

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

2

Denmark ALDE

2

Slovenia ALDE

For (1)

1

Lithuania ALDE

1

Luxembourg ALDE

For (1)

1

Ireland ALDE

For (1)

1

Estonia ALDE

For (1)

1
icon: ECR ECR
60

Italy ECR

1

Romania ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Sweden ECR

2

Bulgaria ECR

1

Finland ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

2

Lithuania ECR

1

Greece ECR

Against (1)

1
icon: Verts/ALE Verts/ALE
48

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
43

United Kingdom GUE/NGL

1

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

For (1)

1

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

2

Cyprus GUE/NGL

1
icon: ENF ENF
32

Germany ENF

Against (1)

1

Poland ENF

For (1)

Abstain (1)

2

United Kingdom ENF

2

Belgium ENF

Abstain (1)

1

Netherlands ENF

4
icon: EFDD EFDD
28

Germany EFDD

Abstain (1)

1

Czechia EFDD

Against (1)

1
icon: NI NI
13

Germany NI

Abstain (1)

1

France NI

For (1)

Abstain (1)

2

Poland NI

Abstain (1)

2

Hungary NI

For (1)

Against (1)

Abstain (1)

3

A8-0012/2018 - József Szájer - Vote unique

2019/04/17 Outcome: +: 562, -: 24, 0: 22
DE FR ES PL IT GB RO BE CZ PT NL AT SE BG HU FI HR DK SK SI LT LU IE MT LV EE EL CY
Total
91
68
47
43
44
53
24
18
18
19
22
16
17
12
15
11
11
11
10
8
7
6
6
6
6
4
11
1
icon: PPE PPE
175

United Kingdom PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

2

Luxembourg PPE

3

Ireland PPE

3

Estonia PPE

For (1)

1
icon: S&D S&D
153

Czechia S&D

For (1)

1

Netherlands S&D

3

Hungary S&D

2

Croatia S&D

2

Slovakia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Latvia S&D

1

Estonia S&D

For (1)

1

Greece S&D

1
icon: ALDE ALDE
55

Italy ALDE

For (1)

1

Romania ALDE

For (1)

1

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

2

Denmark ALDE

2

Slovenia ALDE

For (1)

1

Lithuania ALDE

1

Luxembourg ALDE

For (1)

1

Ireland ALDE

For (1)

1

Estonia ALDE

For (1)

1
icon: ECR ECR
60

Italy ECR

1

Romania ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Sweden ECR

2

Bulgaria ECR

1

Finland ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

2

Lithuania ECR

1

Greece ECR

Against (1)

1
icon: Verts/ALE Verts/ALE
46

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Sweden Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
43

United Kingdom GUE/NGL

1

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

For (1)

1

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

2

Cyprus GUE/NGL

1
icon: ENF ENF
32

Germany ENF

Against (1)

1

Poland ENF

For (1)

Abstain (1)

2

United Kingdom ENF

2

Belgium ENF

Abstain (1)

1

Netherlands ENF

4
icon: EFDD EFDD
28

Germany EFDD

Abstain (1)

1

Czechia EFDD

Against (1)

1
icon: NI NI
13

Germany NI

Abstain (1)

1

France NI

For (1)

Abstain (1)

2

Poland NI

Abstain (1)

2

Hungary NI

For (1)

Against (1)

Abstain (1)

3
AmendmentsDossier
16 2016/0399(COD)
2017/12/19 JURI 16 amendments...
source: 615.474

History

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

docs/2
date
2019-08-08T00:00:00
docs
url: /oeil/spdoc.do?i=30672&j=0&l=en title: SP(2019)440
type
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shadows
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date
2017-01-12T00:00:00
rapporteur
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shadows
activities
  • date: 2016-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0798/COM_COM(2016)0798(ANN)_EN.pdf title: COM(2016)0798 type: Legislative proposal published celexid: CELEX:52016PC0798:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers Commissioner: JOUROVÁ Věra type: Legislative proposal published
  • date: 2017-03-16T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: KAUFMANN Sylvia-Yvonne group: ALDE name: CAVADA Jean-Marie group: ALDE name: ROHDE Jens group: ENF name: BOUTONNET Marie-Christine responsible: True committee: JURI date: 2017-01-12T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SZÁJER József
  • date: 2018-01-24T00:00:00 body: unknown type: Committee decision to open interinstitutional negotiations with report adopted in committee
  • date: 2018-01-24T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: S&D name: KAUFMANN Sylvia-Yvonne group: ALDE name: CAVADA Jean-Marie group: ALDE name: ROHDE Jens group: ENF name: BOUTONNET Marie-Christine responsible: True committee: JURI date: 2017-01-12T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SZÁJER József
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0012&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0012/2018 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: S&D name: KAUFMANN Sylvia-Yvonne group: ALDE name: CAVADA Jean-Marie group: ALDE name: ROHDE Jens group: ENF name: BOUTONNET Marie-Christine responsible: True committee: JURI date: 2017-01-12T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SZÁJER József date: 2018-01-30T00:00:00
commission
  • body: EC dg: Justice and Consumers commissioner: JOUROVÁ Věra
committees/0
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JURI
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2017-01-12T00:00:00
rapporteur
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docs
  • date: 2017-11-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE613.398 title: PE613.398 type: Committee draft report body: EP
  • date: 2017-12-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE615.474 title: PE615.474 type: Amendments tabled in committee body: EP
  • date: 2017-05-03T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0798 title: COM(2016)0798 type: Contribution body: CZ_CHAMBER
  • date: 2017-04-27T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0798 title: COM(2016)0798 type: Contribution body: PT_PARLIAMENT
  • date: 2017-05-12T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0798 title: COM(2016)0798 type: Contribution body: IT_SENATE
events
  • date: 2016-12-14T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0798/COM_COM(2016)0798(ANN)_EN.pdf title: COM(2016)0798 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0798 title: EUR-Lex summary: PURPOSE: to adapt a number of legal acts in the area of justice to the Treaty on the Functioning of the European Union (Article 290, powers delegated to the Commission). LEGISLATIVE ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND : the Treaty of Lisbon introduced a distinction between the following: powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), as referred to in Article 290 of the Treaty on the Functioning pf the EU; and powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts) as referred to in Article 291 of the Treaty. The measures which may be covered by delegations of powers correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC. This procedure still appears in the basic acts covered by this proposal and continues to apply in those acts until they are formally amended and adapted to the Lisbon Treaty. The Commission made three horizontal alignment legislative proposals in 2013 ( Omnibus I, Omnibus II and Omnibus III ). The European Parliament adopted its legislative resolutions on 25 February 2014, broadly agreeing with the proposals by the Commission. The Council, however, did not support the Commission proposals, due to the absence of stronger guarantees that Member State experts would be systematically consulted in the preparation of delegated acts. The European Parliament, the Council and the Commission subsequently agreed on a new framework for delegated acts in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (IAA) and acknowledged the need to align all existing legislation to the legal framework introduced by the Lisbon Treaty. In particular, they agreed on the need to give high priority to the prompt alignment of all basic acts that still refer to the regulatory procedure with scrutiny. CONTENT: the proposal aligns three basic acts to Article 290 of the Treaty on the Functioning of the EU, these acts being: Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters; Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims; Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation No 1348/2000. The alignment clauses reflect the following points in the IAA: they now provide for a clear commitment to a systematic consultation of experts from the Member States in the preparation of delegated acts. This fulfils a key condition for a successful second attempt to align the old regulatory procedure with scrutiny provisions to the Lisbon Treaty. This commitment is now explicitly included in the new standard clauses ; they recognise the important role of early cooperation and exchange of views with the European Parliament in relation to delegated acts. The European Parliament must receive all documents at the same time as Member State experts, including the draft delegated acts, and the alignment clauses provide for systematic access of European Parliament experts to the meetings of Commission expert groups preparing delegated acts. Accordingly, to each basic act a number of amendments are made, and references to the regulatory procedure with scrutiny are deleted. As regards the duration of the empowerment the Commission proposes empowerments with an indeterminate duration , since the legislator has the possibility of revoking an empowerment in all cases and at any time. Acts on which individual legislative proposals have been made in the meantime are not included in the proposal. This concerns two acts in the area of justice: Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of creating a European order for payment procedure; Regulation (EC) No. 861/2007 establishing a European small claims procedure. These have been aligned in the meantime been aligned by Regulation (EU) 2015/2421. This proposal is linked to the proposal on adapting a number of legal acts to Article 290 and 291 of the TFEU.
  • date: 2017-03-16T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-01-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-01-24T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2018-01-30T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0012&language=EN title: A8-0012/2018 summary: The Committee on Legal Affairs adopted the report by József SZÁJER (EPP, HU) on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union. Members welcomed the Commission’s proposal to adapt three basic acts where the regulatory procedure with scrutiny (RPS) applies in order to make them into delegated acts. Building on Parliament’s resolution of 25 February 2014 , the report proposed to amend the Commission proposal to focus on the duration of the delegation of powers (which shall not exceed five years and shall be accompanied by a reporting obligation on the Commission). In addition, the deadline to object to a delegated act shall be three months (and not two months as proposed by the Commission).
  • date: 2019-04-17T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0411 title: T8-0411/2019 summary: The European Parliament adopted by 564 votes to 24, with 22 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union. The Treaty of Lisbon substantially modified the legal framework governing the powers conferred on the Commission by the legislator, introducing a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred on the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts). The proposed Regulation aims to adapt a series of basic instruments where the regulatory procedure with scrutiny (RPS) applies to make them evolve into delegated acts. The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission's proposal to clarify that the power to adopt delegated acts would be conferred on the Commission for a period of five years. The Commission shall prepare a report on the delegation of authority no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of the same duration, unless the European Parliament or the Council objects to such an extension no later than three months before the end of each period. In a recital, Parliament pointed out that bundling and presenting empowerments that are not closely linked with each other within a single delegated act of the Commission impedes the exercise of Parliament's right of scrutiny, as it is forced to simply accept or refuse the entire delegated act, which leaves no room to express an opinion on each empowerment individually.
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/Notes
  • 08/02/2018 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/dossier_of_the_committee
Old
JURI/8/08779
New
  • JURI/8/08779
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
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Awaiting Council 1st reading position / budgetary conciliation convocation
procedure/subject
Old
  • 7.90 Justice and home affairs
  • 8.40.10 Interinstitutional relations, subsidiarity, proportionality, comitology
  • 8.50.02 Legislative simplification, coordination, codification
New
7.90
Justice and home affairs
8.40.10
Interinstitutional relations, subsidiarity, proportionality, comitology
8.50.02
Legislative simplification, coordination, codification
procedure/title
Old
Adapting a number of legal acts in the area of justice to Article 290 TFEU (Commission delegated acts)
New
Adapting a number of legal acts in the area of justice to Article 290 TFEU (Commission delegated acts)
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2018-01-24T00:00:00
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Committee decision to open interinstitutional negotiations with report adopted in committee
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2018-01-24T00:00:00
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EP
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Vote in committee, 1st reading/single reading
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EP
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2018-01-30T00:00:00
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Rules of Procedure EP 150
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Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
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Old
8.40.10 Interinstitutional relations, democratic deficit, subsidiarity, comitology
New
8.40.10 Interinstitutional relations, subsidiarity, proportionality, comitology
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ENF
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BOUTONNET Marie-Christine
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ENF
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BOUTONNET Marie-Christine
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Commissioner
JOUROVÁ Věra
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EC
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JOUROVÁ Věra
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ALDE
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ROHDE Jens
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ALDE
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ROHDE Jens
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ALDE
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CAVADA Jean-Marie
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ALDE
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CAVADA Jean-Marie
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2017-03-16T00:00:00
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EP
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body: EP shadows: group: S&D name: KAUFMANN Sylvia-Yvonne responsible: True committee: JURI date: 2017-01-12T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: SZÁJER József
procedure/dossier_of_the_committee
JURI/8/08779
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Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities/0/docs/0/celexid
CELEX:52016PC0798:EN
activities/0/docs/0/celexid
CELEX:52016PC0798:EN
committees/0/date
2017-01-12T00:00:00
committees/0/rapporteur
  • group: EPP name: SZÁJER József
committees/0/shadows
  • group: S&D name: KAUFMANN Sylvia-Yvonne
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  • PURPOSE: to adapt a number of legal acts in the area of justice to the Treaty on the Functioning of the European Union (Article 290, powers delegated to the Commission).

    LEGISLATIVE ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND : the Treaty of Lisbon introduced a distinction between the following:

    • powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), as referred to in Article 290 of the Treaty on the Functioning pf the EU; and
    • powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts) as referred to in Article 291 of the Treaty.

    The measures which may be covered by delegations of powers correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC. This procedure still appears in the basic acts covered by this proposal and continues to apply in those acts until they are formally amended and adapted to the Lisbon Treaty.

    The Commission made three horizontal alignment legislative proposals in 2013 (Omnibus I, Omnibus II and Omnibus III). The European Parliament adopted its legislative resolutions on 25 February 2014, broadly agreeing with the proposals by the Commission. The Council, however, did not support the Commission proposals, due to the absence of stronger guarantees that Member State experts would be systematically consulted in the preparation of delegated acts.

    The European Parliament, the Council and the Commission subsequently agreed on a new framework for delegated acts in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (IAA) and acknowledged the need to align all existing legislation to the legal framework introduced by the Lisbon Treaty. In particular, they agreed on the need to give high priority to the prompt alignment of all basic acts that still refer to the regulatory procedure with scrutiny.

    CONTENT: the proposal aligns three basic acts to Article 290 of the Treaty on the Functioning of the EU, these acts being:

    • Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters;
    • Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims;
    • Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation No 1348/2000.

    The alignment clauses reflect the following points in the IAA:

    • they now provide for a clear commitment to a systematic consultation of experts from the Member States in the preparation of delegated acts. This fulfils a key condition for a successful second attempt to align the old regulatory procedure with scrutiny provisions to the Lisbon Treaty. This commitment is now explicitly included in the new standard clauses;
    • they recognise the important role of early cooperation and exchange of views with the European Parliament in relation to delegated acts. The European Parliament must receive all documents at the same time as Member State experts, including the draft delegated acts, and the alignment clauses provide for systematic access of European Parliament experts to the meetings of Commission expert groups preparing delegated acts.

    Accordingly, to each basic act a number of amendments are made, and references to the regulatory procedure with scrutiny are deleted.

    As regards the duration of the empowerment the Commission proposes empowerments with an indeterminate duration, since the legislator has the possibility of revoking an empowerment in all cases and at any time.

    Acts on which individual legislative proposals have been made in the meantime are not included in the proposal. This concerns two acts in the area of justice:

    • Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of creating a European order for payment procedure;
    • Regulation (EC) No. 861/2007 establishing a European small claims procedure. These have been aligned in the meantime been aligned by Regulation (EU) 2015/2421.

    This proposal is linked to the proposal on adapting a number of legal acts to Article 290 and 291 of the TFEU.

activities
  • date: 2016-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0798/COM_COM(2016)0798(ANN)_EN.pdf title: COM(2016)0798 type: Legislative proposal published celexid: CELEX:52016PC0798:EN type: Legislative proposal published body: EC commission:
committees
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
links
other
    procedure
    reference
    2016/0399(COD)
    title
    Adapting a number of legal acts in the area of justice to Article 290 TFEU (Commission delegated acts)
    legal_basis
    Treaty on the Functioning of the EU TFEU 081-p2
    stage_reached
    Preparatory phase in Parliament
    subtype
    Legislation
    instrument
    Regulation
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject