Procedure : 2007/0293(COD)
Document stages in plenary
Document selected : A6-0100/2008

Texts tabled :

A6-0100/2008

Debates :

PV 22/09/2008 - 22
CRE 22/09/2008 - 22

Votes :

PV 23/09/2008 - 5.16

Texts adopted :

P6_TA(2008)0429

REPORT     ***I
PDF 296kWORD 434k
2 April 2008
PE 402.747v02-00 A6-0100/2008

on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny – Part Two

(COM(2007)0824 – C6-0476/2007 – 2007/0293(COD))

Committee on Legal Affairs

Rapporteur: József Szájer

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 LETTER OF THE COMMITTEE ON DEVELOPMENT
 OPINION of the Committee on the Environment, Public Health and Food Safety
 LETTER OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY
 LETTER OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION
 LETTER OF THE COMMITTEE ON TRANSPORT AND TOURISM
 LETTER OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT
 LETTER OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny – Part Two

(COM(2007)0824 – C6-0476/2007 – 2007/0293(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0824),

–   having regard to Article 251(2) and Articles 37, 44(1), 71, 80(2), 95, 152(4)(b), 175(1), 179 and 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0476/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism, the Committee on Agriculture and Rural Development and the Committee on Civil Liberties, Justice and Home Affairs (A6-0100/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

Amendment  1

Proposal for a regulation – amending act

Annex – section 1.1 – point 2

Regulation (EC) No 1257/96

Article 15

 

Text proposed by the Commission

Amendment

Article 15 is replaced by the following:

Article 15 is replaced by the following:

“Article 15

“Article 15

1. The Commission shall adopt implementing Regulations for this Regulation. That measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted according to the regulatory procedure with scrutiny referred to in Article 17(4).

1. The Commission shall adopt implementing Regulations for this Regulation. That measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted according to the regulatory procedure with scrutiny referred to in Article 17(4).

 

The same procedure shall apply for approving global plans intended to provide a coherent framework for action in a given country or region where the scale and complexity of the humanitarian crisis is such that it seems likely to continue, and the budgets for those plans. In this context, the Commission and the Member States shall examine the priorities to be established in the implementation of those global plans.

2. Acting in accordance with the procedure laid down in Article 17(3), the Commission shall:

2. Acting in accordance with the procedure laid down in Article 17(3), the Commission shall:

- decide on Community financing for the humanitarian-aid protection operations referred to in Article 2(c),

- decide on Community financing for the humanitarian-aid protection operations referred to in Article 2(c),

- decide to take direct Commission action or finance action by Member States' specialised agencies.

- decide to take direct Commission action or finance action by Member States' specialised agencies.

3. Acting in accordance with the procedure laid down in Article 17(2), the Commission shall:

3. Acting in accordance with the procedure laid down in Article 17(2), the Commission shall:

- approve global plans intended to provide a coherent framework for action in a given country or region where the scale and complexity of the humanitarian crisis is such that it seems likely to continue, and the budgets for those plans. In this context, the Commission and the Member States shall examine the priorities to be established in the implementation of these global plans,

 

- decide on projects in excess of ECU 2 million, without prejudice to Article 13."

- decide on projects in excess of ECU 2 million, without prejudice to Article 13."

Justification

Global plans are acts of general scope and their adoption leaves a wide margin of discretion on the Commission to decide on priorities, objectives, activities proposed, expected results and the distribution of funds among different crises regions/countries. Furthermore, global plans are 'long term' plans as opposed to all other urgency funding which applies in the field of humanitarian aid. The global plans therefore add new non-essential elements to the Regulation and the regulatory procedure with scrutiny should apply.

Amendment  2

Proposal for a regulation – amending act

Annex – section 2.5 – point -1 (new)

Directive 2004/9/EC

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(-1) In Article 6, paragraph 3 shall be replaced by the following:

 

"3. If the Commission considers that amendments to this Directive are necessary in order to resolve the matters referred to in paragraph 1, it shall adopt those amendments.

 

These measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3)."

Amendment  3

Proposal for a regulation – amending act

Annex – section 3.6 – point 1 a (new)

Directive 2003/87/EC

Article 14 – paragraph 1 – sentence 1

 

Text proposed by the Commission

Amendment

 

(1a) In Article 14(1), the first sentence shall be replaced by the following:

 

"The Commission shall adopt guidelines for monitoring and reporting of emissions resulting from the activities listed in Annex I of greenhouse gases specified in relation to those activities [...] by 30 September 2003.

 

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3)."

Amendment  4

Proposal for a regulation – amending act

Annex – section 3.6 – point 5 a (new)

Directive 2003/87/EC

Article 24 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(5a) In Article 24, paragraph 3 shall be replaced by the following:

 

"3. The Commission may, on its own initiative, or shall, on request by a Member State, adopt monitoring and reporting guidelines for emissions from activities, installations and greenhouse gases which are not listed in Annex I [...] if monitoring and reporting of these emissions can be carried out with sufficient accuracy.

 

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3)."

Amendment  5

Proposal for a regulation – amending act

Annex – section 3.9 – point 3

Regulation (EC) No 1013/2006

Article 59

 

Text proposed by the Commission

Amendment

1. The Commission may adopt, in accordance with the regulatory procedure referred to in Article 59a(2), the following additional measures related to the implementation of this Regulation:

1. The Commission may adopt, in accordance with the regulatory procedure referred to in Article 59a(2), the following additional measures related to the implementation of this Regulation:

(a) guidelines for the application of Article 12(1)(g);

(a) guidelines for the application of Article 12(1)(g);

(b) guidelines on the application of Article 15 in relation to the identification and tracking of waste undergoing substantial changes in the interim recovery or disposal operation;

(b) guidelines on the application of Article 15 in relation to the identification and tracking of waste undergoing substantial changes in the interim recovery or disposal operation;

(c) guidelines for the cooperation of competent authorities with regard to illegal shipments as referred to in Article 24;

(c) guidelines for the cooperation of competent authorities with regard to illegal shipments as referred to in Article 24;

(d) technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information in accordance with Article 26(4);

(d) technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information in accordance with Article 26(4);

(e) further guidance concerning the use of languages referred to in Article 27;

(e) further guidance concerning the use of languages referred to in Article 27;

(f) further clarification of the procedural requirements of Title II as regards their application to exports, imports and transit of waste from, to, and through the Community;

(f) further clarification of the procedural requirements of Title II as regards their application to exports, imports and transit of waste from, to, and through the Community.

(g) further guidance concerning undefined legal terms.

 

2. The Commission may adopt implementing measures concerning the following:

2. The Commission may adopt implementing measures concerning the following:

(a) a method for calculating the financial guarantee or equivalent insurance as set out in Article 6;

(a) a method for calculating the financial guarantee or equivalent insurance as set out in Article 6;

(b) further conditions and requirements in relation to pre-consented recovery facilities as referred to in Article 14.

(b) further conditions and requirements in relation to pre-consented recovery facilities as referred to in Article 14;

 

(ba) further guidance concerning undefined legal terms.

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 59a(3).

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 59a(3).

Amendment  6

Proposal for a regulation – amending act

Annex – section 4.1 – point 5

Regulation (EEC) No 3924/91

Article 6 and Article 7 – paragraph 2

 

Text proposed by the Commission

Amendment

In Article 6 and in Article 7(2) the words “in Article 10” are replaced by the words “in Article 10(2)”.

In Article 6 and in Article 7(2) the words “in Article 10” are replaced by the words “in Article 10(3).

Justification

The adoption of rules for processing the completed questionnaires or information from other sources (Article 6) as well as the establishment of rules that apply for survey periods shorter than a year (Article 7(2)) are measures of general scope which seek to amend non-essential elements of the basic instrument by supplementing it and thus should be aligned to the regulatory procedure with scrutiny.

Amendment  7

Proposal for a regulation – amending act

Annex – section 4.1 – point 5a (new)

Regulation (EEC) No 3924/91

Article 9

 

Text proposed by the Commission

Amendment

(5a) Article 9 shall be deleted.

Justification

In order to render the comitology provisions consistent, Article 9 should be deleted if Articles 6 and 7(2) are aligned to RPS.

Amendment  8

Proposal for a regulation – amending act

Annex – section 4.1 – point 6

Regulation (EEC) No 3924/91

Article 9 and Article 10

 

Text proposed by the Commission

Amendment

Articles 9 and 10 are replaced by the following:

Article 10 is replaced by the following:

Article 9

 

Implementing measures

 

The measures for adjustment to technical progress concerning collection of data and the processing of the results shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia by supplementing it, shall be laid down in accordance with the regulatory procedure with scrutiny referred to in Article 10(3). Other measures for implementing this Regulation shall be adopted by the Commission in accordance with the procedure referred to in Article 10(2).

 

Article 10

“Article 10

Committee

Committee

1. The Commission shall be assisted by the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom.

1. The Commission shall be assisted by the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom.

2. Where reference is made to this paragraph, Article 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

2. Where reference is made to this paragraph, Article 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time limit laid down in Article 4(3) of Decision 1999/468/EC shall be three months.

The time limit laid down in Article 4(3) of Decision 1999/468/EC shall be three months.

3. Where reference is made to this paragraph, Articles 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Justification

In order to render the comitology provisions consistent, Article 9 should be deleted if Articles 6 and 7(2) are aligned to RPS.

Amendment  9

Proposal for a regulation – amending act

Annex – section 4.2 – point 3

Directive 96/16/EC

Article 4 – paragraph 2 and Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

In Article 4(2) and Article 6(1), the words "in Article 7" are replaced by "in Article 7(2)".

In Article 5(2) and Article 6(1), the words "in Article 7" are replaced by "in Article 7(2)".

Justification

This amendment aims to clarify the reference as Article 4(2) became the last part of Article 5(2) on the basis of Directive 2003/107/EC (OJ L 7 13.1.2003, p. 40). As Article 5(2) and 6(1) only concern standard forms, there are no objections to the proposed (old) regulatory procedure.

Amendment  10

Proposal for a regulation – amending act

Annex – section 6.5 – point (-1) (new)

Regulation (EC) No 998/2003

Article 7

 

Text proposed by the Commission

Amendment

 

(-1) Article 7 shall be replaced by the following:

 

"Movement between Member States or from a territory listed in section 2 of part B of Annex II of animals of the species listed in part C of Annex I shall not be subject to any requirement with regard to rabies. The Commission shall draw up, if necessary, specific requirements, including a possible limit on the number of animals [...], in respect of other diseases. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4). A model certificate to accompany such animals may be drawn up in accordance with the regulatory procedure referred to in Article 24(2)."

Amendment  11

Proposal for a regulation – amending act

Annex – section 6.5 – point -1 a (new)

Regulation (EC) No 998/2003

Article 8 – paragraph 3 – point (a)

 

Text proposed by the Commission

Amendment

 

(-1a) In Article 8(3), point (a) shall be replaced by the following:

 

"(a) pet animals from the territories listed in section 2 of part B of Annex II for which it has been established by the Commission that such territories apply rules at least equivalent to Community rules as provided for in this Chapter, shall be subject to the rules laid down in Chapter II. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4)."

Amendment  12

Proposal for a regulation – amending act

Annex – section 6.5 – point -1 b (new)

Regulation (EC) No 998/2003

Article 9

 

Text proposed by the Commission

Amendment

 

(-1b) Article 9 shall be replaced by the following:

 

"The conditions applicable to the movement of animals of the species listed in part C of Annex I from third countries shall be established by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4). The model certificate which must accompany the movement of animals shall be established in accordance with the regulatory procedure referred to in Article 24(2)."

Amendment  13

Proposal for a regulation – amending act

Annex – section 6.5 – point 1 a (new)

Regulation (EC) No 998/2003

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

 

(1a) In Article 17, the first paragraph shall be replaced by the following:

 

"For the movement of animals of the species listed in parts A and B of Annex I, requirements of a technical nature other than those laid down by this Regulation may be established by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4)."

Amendment  14

Proposal for a regulation – amending act

Annex – section 6.6 – point 3

Directive 2003/99/EC

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

Any appropriate transitional or implementing measures may be adopted in accordance with the procedure referred to in Article 12(2).

Any appropriate transitional or implementing measures other than those designed to amend non-essential elements of this Directive by supplementing it may be adopted in accordance with the regulatory procedure referred to in Article 12(2).

Amendment  15

Proposal for a regulation – amending act

Annex – section 6.7 – point 2 a (new)

Regulation (EC) No 852/2004

Article 12

 

Text proposed by the Commission

Amendment

 

(2a) Article 12 shall be replaced by the following:

 

"Implementing measures and transitional arrangements other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 14(2)."

Amendment  16

Proposal for a regulation – amending act

Annex – section 6.8 – point 2 a (new)

Regulation (EC) No 853/2004

Article 9

 

Text proposed by the Commission

Amendment

 

(2a) Article 9 shall be replaced by the following:

 

"Implementing measures and transitional arrangements other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 12(2)."

Amendment  17

Proposal for a regulation – amending act

Annex – section 6.9 – point -1 (new)

Regulation (EC) No 854/2004

Article 16

 

Text proposed by the Commission

Amendment

 

(-1) Article 16 shall be replaced by the following:

 

"Implementing measures and transitional arrangements other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 19(2)."

Amendment  18

Proposal for a regulation – amending act

Annex – section 6.10 – point (2 a) (new)

Regulation (EC) No 183/2005

Article 26

 

Text proposed by the Commission

Amendment

 

(2a) Article 26 shall be replaced by the following:

 

"Implementing measures other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 31(2)."

Amendment  19

Proposal for a regulation – amending act

Annex – section 7.6 – point 1

Directive 2004/8/EC

Article 4 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall review the harmonised efficiency reference values for separate production of electricity and heat referred to in paragraph 1, for the first time on 21 February 2011, and every four years thereafter, to take account of technological developments and changes in the distribution of energy sources. Any measures resulting from this review, designed to amend the non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).

2. The Commission shall review the harmonised efficiency reference values for separate production of electricity and heat referred to in paragraph 1, for the first time on 21 February 2011, and every four years thereafter, to take account of technological developments and changes in the distribution of energy sources. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).

Justification

This technical amendment aims to clarify the text of the proposal, in line with the meaning of 'review' used in the original Directive.

Amendment  20

Proposal for a regulation – amending act

Annex – section 7.8 – point 1 a (new)

Regulation (EC) No 725/2004

Article 10 – paragraph 3

 

Text proposed by the Commission

Amendment

(1a) In Article 10, paragraph 3 is replaced by the following:

 

"3. The Commission may adopt provisions in order to define harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of this Regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4)."

Amendment  21

Proposal for a regulation – amending act

Annex – section 7.11 – point 1

Directive 2005/65/EC

Article 15 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be one month.”

The time limit laid down in Article 5a(4)(b) of Decision 1999/468/EC shall be one month.”


EXPLANATORY STATEMENT

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission was amended by Council Decision 2006/512/EC of 17 July 2006 . Article 5a of amended Decision 1999/468/EC introduced the new 'regulatory procedure with scrutiny' (RPS) for measures of a general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with codecision, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

Following the screening of the existing legislation and on-going procedures , the European Commission presented inter alia this proposal, covering 47 legislative acts to be adapted to the new regulatory procedure with scrutiny (RPS).

In its decision of 12 December 2007 the Conference of Presidents designated the Committee on Legal Affaires as the lead Committee to deal with this 'comitology alignment' and the specialised committees as opinion-giving committees. The Conference of Committees Chairs agreed on 15 January 2008 on the modalities of cooperation between JURI and other committees involved.

The Rapporteur proposed to other committees that the alignment packages should be adopted as soon as possible, in order for the RPS procedure to start applying to the existing acquis before the entry into force of the Treaty of Lisbon (which contains important provisions on delegated acts, which will replace RPS, but which will take time to be adopted via codecision). The present Report contains a limited number of amendments that were suggested by other committees in their opinions, received in form of letters, as well as some amendments relating to the dossiers of the Committee on Environment, Public Health and Food Safety, as proposed in its Opinion. One amendment is of a technical character, aiming at clarification of a reference in one of the directives.


LETTER OF THE COMMITTEE ON DEVELOPMENT

Mr Guiseppe Gargani

Chairman

Committee on Legal Affairs

ASP 09E206

European Parliament

Dear Chairman,

On behalf of the Committee on Development, and after close consultation with the Standing Rapporteur on Humanitarian Aid, Mr Thierry Cornillet, the coordinators of our Committee have instructed me to forward to your Committee some concerns and recommendations of our Committee as regards to the Proposal for a Regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny - Adaptation to the regulatory procedure with scrutiny - Part Two (COM(2007) 824 final (2007/0293 (COD)).

This Commission proposal includes an adaptation of the Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid, for which our Committee is responsible.

Our Committee welcomes the proposed application of the Regulatory Procedure with Scrutiny to the adoption of Implementing Regulations for the Humanitarian Aid Regulation by the Commission. These measures are clearly of a quasi-legislative nature. The application of the Regulatory Procedure with Scrutiny to the adoption of implementing regulations (new Article 15.1) is indispensable and must not be weakened during the forthcoming negotiation process.

In addition, our Committee is of the opinion that the adoption of "Global Plans" by the Commission also fulfils the conditions for the application of the Regulatory Procedure with Scrutiny, whereas the Commission, for these kinds of measures, only proposes the management procedure.

Global plans referred to in the Humanitarian Aid Regulation are "intended to provide a coherent framework for action in a given country or region where the scale and complexity of the humanitarian crises is such that it seems likely to continue, and the budgets for those plans". It is evident that the global plans are acts of general scope. The adoption of global plans leaves a wide margin of discretion for the Commission to decide on priorities, objectives, activities proposed and expected results.  It includes discretion on how to distribute funds among different crises/regions/countries. Furthermore, the global plans are the "long-term" plans as opposed to all the other urgency funding which applies in the field of humanitarian aid. The global plans therefore add new non-essential elements to the Humanitarian Aid Regulation. As a consequence, the Regulatory Procedure with Scrutiny must also apply to the approval of global plans by the Commission (new Art. 15.3, first indent).

Let me underline that Parliament is aware of the need to deliver humanitarian aid in a timely and speedy manner. However, given that global plans are long-term measures, organised well ahead, it would be possible to allow proper scrutiny by both Council and Parliament within the normal timeframe foreseen. Nonetheless, where duly justified, the possibility for derogations from the time-limits should be included in the Humanitarian Aid Regulation so as to ensure that the Commission can react to unforeseen events and changes in the countries or regions concerned.

On behalf of the Committee on Development, I kindly ask you to integrate this opinion into your report.

Yours sincerely,

Josep Borrell Fontelles


OPINION of the Committee on the Environment, Public Health and Food Safety (26.3.2008)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny – Part Two

(COM(2007)0824 – C6-0476/2007 – 2007/0293(COD))

Draftsman: Miroslav Ouzký

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation – amending act

Annex – section 2.5 – point -1 (new)

Directive 2004/9/EC

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(-1) In Article 6, paragraph 3 shall be replaced by the following:

 

"3. If the Commission considers that amendments to this Directive are necessary in order to resolve the matters referred to in paragraph 1, it shall adopt those amendments.

 

These measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3)."

Amendment  2

Proposal for a regulation – amending act

Annex – section 3.6 – point 1 a (new)

Directive 2003/87/EC

Article 14 – paragraph 1 – sentence 1

 

Text proposed by the Commission

Amendment

 

(1a) In Article 14(1), the first sentence shall be replaced by the following:

 

"The Commission shall adopt guidelines for monitoring and reporting of emissions resulting from the activities listed in Annex I of greenhouse gases specified in relation to those activities [...] by 30 September 2003.

 

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3)."

Amendment  3

Proposal for a regulation – amending act

Annex – section 3.6 – point 5 a (new)

Directive 2003/87/EC

Article 24 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(5a) In Article 24, paragraph 3 shall be replaced by the following:

 

"3. The Commission may, on its own initiative, or shall, on request by a Member State, adopt monitoring and reporting guidelines for emissions from activities, installations and greenhouse gases which are not listed in Annex I [...] if monitoring and reporting of these emissions can be carried out with sufficient accuracy.

 

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3)."

Amendment  4

Proposal for a regulation – amending act

Annex – section 3.9 – point 3

Regulation (EC) No 1013/2006

Article 59

 

Text proposed by the Commission

Amendment

1. The Commission may adopt, in accordance with the regulatory procedure referred to in Article 59a(2), the following additional measures related to the implementation of this Regulation:

1. The Commission may adopt, in accordance with the regulatory procedure referred to in Article 59a(2), the following additional measures related to the implementation of this Regulation:

(a) guidelines for the application of Article 12(1)(g);

(a) guidelines for the application of Article 12(1)(g);

(b) guidelines on the application of Article 15 in relation to the identification and tracking of waste undergoing substantial changes in the interim recovery or disposal operation;

(b) guidelines on the application of Article 15 in relation to the identification and tracking of waste undergoing substantial changes in the interim recovery or disposal operation;

(c) guidelines for the cooperation of competent authorities with regard to illegal shipments as referred to in Article 24;

(c) guidelines for the cooperation of competent authorities with regard to illegal shipments as referred to in Article 24;

(d) technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information in accordance with Article 26(4);

(d) technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information in accordance with Article 26(4);

(e) further guidance concerning the use of languages referred to in Article 27;

(e) further guidance concerning the use of languages referred to in Article 27;

(f) further clarification of the procedural requirements of Title II as regards their application to exports, imports and transit of waste from, to, and through the Community;

(f) further clarification of the procedural requirements of Title II as regards their application to exports, imports and transit of waste from, to, and through the Community.

(g) further guidance concerning undefined legal terms.

 

2. The Commission may adopt implementing measures concerning the following:

2. The Commission may adopt implementing measures concerning the following:

(a) a method for calculating the financial guarantee or equivalent insurance as set out in Article 6;

(a) a method for calculating the financial guarantee or equivalent insurance as set out in Article 6;

(b) further conditions and requirements in relation to pre-consented recovery facilities as referred to in Article 14.

(b) further conditions and requirements in relation to pre-consented recovery facilities as referred to in Article 14;

 

(ba) further guidance concerning undefined legal terms.

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 59a(3).

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 59a(3).

Amendment  5

Proposal for a regulation – amending act

Annex – section 6.5 – point (-1) (new)

Regulation (EC) No 998/2003

Article 7

 

Text proposed by the Commission

Amendment

 

(-1) Article 7 shall be replaced by the following:

 

"Movement between Member States or from a territory listed in section 2 of part B of Annex II of animals of the species listed in part C of Annex I shall not be subject to any requirement with regard to rabies. The Commission shall draw up, if necessary, specific requirements, including a possible limit on the number of animals [...], in respect of other diseases. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4). A model certificate to accompany such animals may be drawn up in accordance with the regulatory procedure referred to in Article 24(2), in respect of other diseases."

Amendment  6

Proposal for a regulation – amending act

Annex – section 6.5 – point -1 a (new)

Regulation (EC) No 998/2003

Article 8 – paragraph 3 – point (a)

 

Text proposed by the Commission

Amendment

 

(-1a) In Article 8(3), point (a) shall be replaced by the following:

 

"(a) pet animals from the territories listed in section 2 of part B of Annex II for which it has been established by the Commission that such territories apply rules at least equivalent to Community rules as provided for in this chapter, shall be subject to the rules laid down in Chapter II. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4)."

Amendment  7

Proposal for a regulation – amending act

Annex – section 6.5 – point -1 b (new)

Regulation (EC) No 998/2003

Article 9

 

Text proposed by the Commission

Amendment

 

(-1b) Article 9 shall be replaced by the following:

 

"The conditions applicable to the movement of animals of the species listed in part C of Annex I from third countries shall be established by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4). The model certificate which must accompany the movement of animals shall be established in accordance with the regulatory procedure referred to in Article 24(3)."

Amendment  8

Proposal for a regulation – amending act

Annex – section 6.5 – point 1 a (new)

Regulation (EC) No 998/2003

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

 

(1a) In Article 17, the first paragraph shall be replaced by the following:

 

"For the movement of animals of the species listed in parts A and B of Annex I, requirements of a technical nature other than those laid down by this Regulation may be established by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4)."

Amendment  9

Proposal for a regulation – amending act

Annex – section 6.6 – point 3

Directive 2003/99/EC

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

Any appropriate transitional or implementing measures may be adopted in accordance with the procedure referred to in Article 12(2).

Any appropriate transitional or implementing measures other than those designed to amend non-essential elements of this Directive by supplementing it may be adopted in accordance with the regulatory procedure referred to in Article 12(2).

Amendment  10

Proposal for a regulation – amending act

Annex – section 6.7 – point 2 a (new)

Regulation (EC) No 852/2004

Article 12

 

Text proposed by the Commission

Amendment

 

(2a) Article 12 shall be replaced by the following:

 

"Implementing measures and transitional arrangements other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 14(2)."

Amendment  11

Proposal for a regulation – amending act

Annex – section 6.8 – point 2 a (new)

Regulation (EC) No 853/2004

Article 9

 

Text proposed by the Commission

Amendment

 

(2a) Article 9 shall be replaced by the following:

 

"Implementing measures and transitional arrangements other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 12(2)."

Amendment  12

Proposal for a regulation – amending act

Annex – section 6.9 – point -1 (new)

Regulation (EC) No 854/2004

Article 16

 

Text proposed by the Commission

Amendment

 

(-1) Article 16 shall be replaced by the following:

 

"Implementing measures and transitional arrangements other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 19(2)."

Amendment  13

Proposal for a regulation – amending act

Annex – section 6.10 – point (2 a) (new)

Regulation (EC) No 183/2005

Article 26

 

Text proposed by the Commission

Amendment

 

(2a) Article 26 shall be replaced by the following:

 

"Implementing measures other than those designed to amend non-essential elements of this Directive by supplementing it may be laid down in accordance with the regulatory procedure referred to in Article 31(2)."

PROCEDURE

Title

Adaptation of certain acts to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC - Adaptation to the regulatory procedure with scrutiny (Part Two)

References

COM(2007)0824 – C6-0476/2007 – 2007/0293(COD)

Committee responsible

JURI

Opinion by

       Date announced in plenary

ENVI

15.1.2008

 

 

 

Drafts(wo)man

       Date appointed

Miroslav Ouzký

20.2.2008

 

 

Discussed in committee

26.2.2008

 

 

 

Date adopted

26.3.2008

 

 

 

Result of final vote

+:

–:

0:

50

0

1

Members present for the final vote

Adamos Adamou, Georgs Andrejevs, Margrete Auken, Liam Aylward, Pilar Ayuso, Irena Belohorská, Johannes Blokland, John Bowis, Frieda Brepoels, Martin Callanan, Dorette Corbey, Magor Imre Csibi, Chris Davies, Avril Doyle, Mojca Drčar Murko, Edite Estrela, Jill Evans, Anne Ferreira, Matthias Groote, Françoise Grossetête, Satu Hassi, Gyula Hegyi, Caroline Jackson, Christa Klaß, Eija-Riitta Korhola, Holger Krahmer, Urszula Krupa, Aldis Kušķis, Marios Matsakis, Roberto Musacchio, Riitta Myller, Péter Olajos, Miroslav Ouzký, Vladko Todorov Panayotov, Dagmar Roth-Behrendt, Karin Scheele, Richard Seeber, Kathy Sinnott, María Sornosa Martínez, Antonios Trakatellis, Evangelia Tzampazi, Thomas Ulmer, Anja Weisgerber, Anders Wijkman, Glenis Willmott

Substitute(s) present for the final vote

Iles Braghetto, Bairbre de Brún, Jutta Haug, Erna Hennicot-Schoepges, Lambert van Nistelrooij

Substitute(s) under Rule 178(2) present for the final vote

Miguel Angel Martínez Martínez


LETTER OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY

Mr Giuseppe Gargani

Chairman of the Committee on Legal Affairs

ASP 9 E 206

Ref.: D(2008)16324

JG/                                                                                                   

                                                                                                        Brussels,

Subject:          Proposals for Regulations of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny (COM(2007)0741, "omnibus I"), (COM(2007)0824, "omnibus II"), (COM(2008)0071 final , "omnibus IV").

Dear Mr Gargani, dear Mr Szájer,

The Committee on Industry, Research and Energy (ITRE) has scrutinized the instruments pertaining to its fields of competence included in the above mentioned proposals.

Having consulted the coordinators, I provide you in the form of the attached tables the opinion of ITRE on the alignment proposals.

After careful examination we have concluded that three instruments (Regulation 733/2002 on the .eu Top Level Domain, Council Regulation 3924/91 establishing a survey on industrial production and Directive 1999/5/EC on radio and telecommunications terminal equipment) are not correctly aligned, and that a fourth instrument (Directive 2004/8/EC on the promotion of cogeneration) requires a technical adaptation.

Furthermore, the review of the acquis communautaire in the field of telecommunications has revealed that the Radio Spectrum Decision 676/2002/EC (harmonisation measures in the field of spectrum) has been omitted by the Commission in its proposals for alignment. We agree with the rapporteur's approach to group all the omitted acts and under Rule 39 request the Commission to submit further legislative proposals to align these instruments.

Yours sincerely,

Angelika Niebler

C/c: Mr Szájer

Encl.: table omnibus1, table omnibus 2, table omnibus 4.

Committee: ITRE  draftsperson: Angelika Niebler (Chairwoman), administrator: Julio Guzmán

Basic acts to be aligned

Observations JURI Committee Secretariat

Observations ITRE Committee Secretariat

Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production

COM(2007)824 – 2007/0293 (COD) - point 4.1

DG ESTAT

 

 

partial alignment to RPS, with the management procedure maintained for Articles 3(2) (exceptional survey threshold), 6 (questionnaire rules) and 7(2) (transmission of findings for survey periods shorter than 1 year)

 

 

Not correctly aligned

Article 6 should be aligned to RPS - The rules of processing the completed questionnaires or information from other sources are measures of general scope which seek to amend non-essential elements of the basic instrument by supplementing it.

Article 7(2) should be aligned to RPS - The establishment of rules that apply for survey periods shorter than a year are measures of general scope which seek to amend non-essential elements of the basic instrument by supplementing it.

Article 9 should be deleted if Articles 6 and 7(2) are aligned to RPS in order to render the Comitology provisions consistent.

Regulation (EC) No 48/2004 of the European Parliament and of the Council of 5 December 2003 on the production of annual Community statistics on the steel industry for the reference years 2003-2009

COM(2007)824 – 2007/0293 (COD) - point 4.6

DG ESTAT

 

partial alignment to RPS, with the regulatory procedure remaining for the modified Article 7(1) (on transmission formats)

 

Correctly aligned to RPS (no urgency procedure introduced)

 

Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC

COM(2007)824 – 2007/0293 (COD) - point 7.6

DG TREN

 

complete alignment to RPS

 

Correctly aligned to RPS but Article 4 (2) second sentence shall be redrafted replacing "Any measures resulting from this review, designed to amend..." by "Those measures, designed..."

 


LETTER OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION

Mr Giuseppe GARGANI

Chairman

Committee on Legal Affairs

ASP 09E206

Brussels

Concerns: IMCO Opinions on the Proposals "Adaptation to the Regulatory Procedure with Scrutiny

Dear Colleague,

At its meeting of 18 February 2008, the Committee on the Internal Market and Consumer Protection discussed and adopted three opinions on the legislative proposals adapting the comitology provisions of a list of legislative instruments to the "regulatory procedure with scrutiny" ("RPS"):

- COM (2007)0741 'First Omnibus'

- COM (2007)0824 'Second Omnibus'

- COM (2007)0870 Recast Directive on Textile Names

The three letter opinions were adopted unanimously (by 19 votes).

At the same time, the Committee wishes to register a protest at the excessively tight timetable established and which does not allow adequate time for Committee deliberation on the issues. This is all the more regrettable in view of the number of suggestions the Committee considered necessary for the two omnibus proposals. The IMCO Committee expressed serious concerns about this being indicative of the poor quality of the preparation of the proposals by the Commission, and accordingly asks you to relay this to the European Commission.

I trust that, as agreed at the working level, your Committee will adopt all of the IMCO suggestions without modification.

Yours sincerely,

Arlene McCARTHY


LETTER OF THE COMMITTEE ON TRANSPORT AND TOURISM

Mr Giuseppe GARGANI                                                               TRAN/D/2008/17737

Chairman of the Committee on Legal Affairs

ASP 09E206

Brussels

Subject: Proposal for a Regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny - Adaptation to the regulatory procedure with scrutiny - Part Two - (COM(2007)0824 - 2007/0293 (COD))

Dear Mr Gargani, dear colleague,

The Committee on Transport and Tourism at its meeting of 25 March 2008 has examined the proposal referred above pursuant to the decision of the Conference of Presidents (CoP) of 12 December 2007 to designate the committee on Legal Affairs as the lead Committee to deal with the revision of existing legislative measures to be adapted to the new regulatory procedure with scrutiny and to ensure that the specialised committees are associated by opinions.

The Committee on Transport and Tourism unanimously recommends your committee, as the committee responsible, to accept the alignment of the twelve instruments of the Commission's proposal which fall under the remit of the Committee on Transport and Tourism with the modifications (amendments) as proposed in the annex.

Yours sincerely,

Paolo Costa

Annex: List

Cc:      Mr Jarzembowski, draftsman TRAN

           Mr Szájer, rapporteur JURI

ANNEX

The 12 instruments in COM(2007)824 (second omnibus)

INSTUMENT FOR TRAN COMMITTEE

REMARKS/MODIFICATIONS

1. Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics - DG ESTAT

Partial alignment to RPS, with the regulatory procedure maintained for Article 10 concerning the transmission of data to Eurostat.

Position: accepted

2. Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air - DG ESTAT

partial alignment to RPS, with the regulatory procedure maintained for the description of data codes and medium of transmission as well as dissemination of statistical results (Articles 7, 8 and 10).

Position: accepted

3. Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport - DG TREN

Complete alignment to RPS

Position: accepted

4. Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over - DG TREN

Partial alignment to RPS, with the regulatory procedure maintained for Article 4(4)(b) concerning specific safety measures intended by MS.

Position: accepted

5. Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services - DG TREN

Partial alignment to RPS, with the regulatory procedure maintained for Article 4(1)(d) on exemptions of voyage data recorder compliance to IMO standards, Article 11(6) and (8) on survey format and procedures and Article 13(3) on allocation of identification numbers and the access to their data base.

Position: accepted

6. Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94 - DG TREN

Complete alignment to RPS

 

 

Position: accepted

7. Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships - DG TREN

Complete alignment to RPS

 

Position: accepted

8. Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community - DG TREN

Complete alignment to RPS

 

Position: accepted

9. Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security - DG TREN

Partial alignment to RPS, with the regulatory procedure maintained for Article 9(4) concerning the conformity inspections, Article 10(3) and (5) on harmonised procedures for the application of the mandatory provisions of the International Ship and Port Security Code (ISPS). The safeguard procedure maintained for Article 5(2) concerning the examination of alternative or equivalent security agreements.

Position: RPS should apply for measures defining the harmonised procedures for the application of the mandatory provisions of the ISPS Code.

10. Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 - DG TREN

Partial alignment to RPS, with the regulatory procedure maintained for Article 6(1) and (2) concerning the decisions on refusal and suspension of registration.

 

Position: accepted

11. Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community - DG TREN

Partial alignment to RPS, with the regulatory procedure maintained for Article 5(2) concerning the technical guidelines and specifications.

Position: accepted

12. Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security - DG TREN

Complete alignment to RPS

The time-limit for EP reaction remains shortened to 1 month.

Position: The period defined under article 5a (3) (c) and (4) (e) should be extended to three months instead of the one month as proposed by the Commission.


LETTER OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT

Mr Giuseppe Gargani

Chairman of the Committee on

Legal Affairs

ASP 9 E 206

Mr József Szájer

ASP 12 E 252

Subject:           Proposal for a Regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny (OMNIBUS II) (COM(2007) 824)

The Committee on Agriculture and Rural Development has scrutinized the above mentioned proposal, i.e. Annex 4.2, 4.3., 6.1 and 6.4.

1.  Annex 4.3 - Directive 2001/109/EC of the European Parliament and of the Council of 19 December 2001 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees

As far as Annex 4.3 is concerned COMAGRI has no objections to the proposed realignment, as all comitology-procedures are changed to regulatory procedures with scrutiny (RPS).

2.  Annex 4.2 - Directive 2001/109/EC of the European Parliament and of the Council of 19 December 2001 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees   As far as Annex 4.2 is concerned, a mistake seems to have occurred. In Point 3 the regulatory procedure (no scrutiny) is foreseen for measures taken according to "Article 4(2) and Article 6(1)".

It seems as if Article 4(2) has been deleted through Directive 2003/107/EC of the European Parliament and of the Council of 5 December 2003 amending Council Directive 96/16/EC on statistical surveys of milk and milk products (OJ L 7 13.1.2003, p. 40). At the same time a new regulatory procedure has been introduced in Article 5(2) which has not been mentioned at all.

As Article 5(2) and 6(1) only concern standard forms, there are no objections to the proposed regulatory procedure without scrutiny.

3.  Annex 6.1 - Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs   As far Annex 6.1. is concerned, the Committee on Agriculture and Rural Development has traditionally been the lead-committee on the last reports concerning amendments to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feeding stuffs. We do propose to use the regulatory procedure with scrutiny for the procedure foreseen in Article 10 point a) as well as point in b), as they concern measures of general scope amending non-essential elements of the directive.

4.  Annex 6.4 - Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed   As far as Annex 6.4 is concerned the Committee on Agriculture and Rural Development was attributed enhanced cooperation procedure for the original legal act. We have no objections to the proposed changes.

Yours sincerely,

Neil Parish                                                                             Hans-Peter Mayer

Chairman                                                                               Draftsman


LETTER OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS

Mr Giuseppe GARGANI

Chairman

Legal Affairs Committee

Dear Mr Gargani,

LIBE Committee was asked to do an opinion on the point 2.7 (Regulation (EC) No 273/2004 of 11 February 2004)(1) of the Annex of the Commission's proposal on adaptation to the regulatory procedure with scrutiny (Second Omnibus proposal)(2).

Given the time constraints, LIBE Committee will not be able to adopt an opinion on the above-mentioned document. Consequently and on behalf of the Committee,

I would like to inform you of the committee's position.

Our committee would therefore ask the Committee on Legal Affairs to take the following aspects into account in its reports (Rapporteur: Mr Jozsef SZAJER):

On 6th March, 2008, LIBE Committee has decided to support the proposal of the Commission. However, some Members have expressed the opinion that comitology procedure provided for in Article 9 and Article 14(f) of the Regulation (EC) No 273/2004 should be adapted to the regulatory procedure with scrutiny (instead of maintaining the management procedure).

Yours sincerely,

Gérard DEPREZ

(1)

Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors, OJ L 47, 18.2.2004, p.1

(2)

Proposal for a Regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny. Adaptation to the regulatory procedure with scrutiny. Part Two. COM(2007)824-2007/0293(COD).


PROCEDURE

Title

Adaptation of certain acts to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC - Adaptation to the regulatory procedure with scrutiny (Part Two)

References

COM(2007)0824 – C6-0476/2007 – 2007/0293(COD)

Date submitted to Parliament

19.12.2007

Committee responsible

       Date announced in plenary

JURI

15.1.2008

Committee(s) asked for opinion(s)

       Date announced in plenary

DEVE

15.1.2008

ENVI

15.1.2008

ITRE

15.1.2008

IMCO

15.1.2008

 

TRAN

15.1.2008

AGRI

15.1.2008

LIBE

15.1.2008

 

Rapporteur(s)

       Date appointed

József Szájer

19.12.2007

 

 

Discussed in committee

26.2.2008

 

 

 

Date adopted

27.3.2008

 

 

 

Result of final vote

+:

–:

0:

22

0

0

Members present for the final vote

Carlo Casini, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Neena Gill, Piia-Noora Kauppi, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Aloyzas Sakalas, Diana Wallis, Jaroslav Zvěřina, Tadeusz Zwiefka

Substitute(s) present for the final vote

Sharon Bowles, Mogens Camre, Janelly Fourtou, Jean-Paul Gauzès, Sajjad Karim, Kurt Lechner, Georgios Papastamkos, Michel Rocard, Gabriele Stauner, József Szájer, Jacques Toubon

Substitute(s) under Rule 178(2) present for the final vote

Gabriela Creţu

Last updated: 17 April 2008Legal notice