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Rules of Procedure of the European Parliament
7th parliamentary term - December 2009
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TITLE II : LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES
CHAPTER 11 : OTHER PROCEDURES

Rule 88 : Implementing measures

1.   When the Commission forwards a draft of implementing measures to Parliament, the President shall refer the draft of measures to the committee responsible for the act from which the implementing measures derive. If the procedure with associated committees was applied with regard to the basic act, the committee responsible shall invite each of the associated committees to state its views orally or by letter.

2.   The Chair of the committee responsible shall set a deadline for Members to propose that the committee object to the draft of measures. If the committee considers it to be appropriate, it may decide to appoint a rapporteur from among its members or permanent substitutes. If the committee objects to the draft of measures, it shall table a motion for a resolution opposing the adoption of the draft of measures which may also indicate the changes that should be made to the draft of measures.

If, within the applicable deadline calculated from the date of receipt of the draft of measures, Parliament adopts such a resolution the President shall ask the Commission to withdraw or amend the draft of measures or submit a proposal under the appropriate legislative procedure.

3.   If there is no part-session before the deadline expires, the right of response shall be deemed to have been delegated to the committee responsible. This response shall take the form of a letter from the committee hair to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament.

4.   If the implementing measures envisaged by the Commission fall under the regulatory procedure with scrutiny, paragraph 3 shall not apply and paragraphs 1 and 2 shall be supplemented as follows:

(a)   the time for scrutiny shall start to run when the draft of measures has been submitted to Parliament in all the official languages. Where shorter time-limits apply (Article 5a(5)(b) of Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission) and in cases of urgency (Article 5a(6) of Decision 1999/468/EC), the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing measures in the language versions submitted to the members of the committee set up in accordance with Decision 1999/468/EC. Rule 146 shall not apply in this case;

(b)   Parliament, acting by a majority of its component Members, may oppose the adoption of the draft of measures, justifying its opposition by indicating that the draft of measures exceeds the implementing powers provided for in the basic instrument, is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality;

(c)   if the draft of measures is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which prescribes curtailed time limits for opposition by Parliament, a motion for a resolution opposing the adoption of the draft of measures may be tabled by the Chair of the committee responsible if that committee has not been able to meet in the time available.

Last updated: 30 November 2009Legal notice