REPORT 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, with regard to the regulatory procedure with scrutiny – Adaptation to the regulatory procedure with scrutiny – Part Five

9.10.2009 - (COM(2009)0142 – C7‑0047/2009 – 2009/0048(COD)) - ***I

Committee on Legal Affairs
Rapporteur: József Szájer

Amendments

• 001-010 (PDF - 117 KB)
• 001-010 (DOC - 79 KB)
• 011-012 (PDF - 105 KB)
• 011-012 (DOC - 273 KB)

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, with regard to the regulatory procedure with scrutiny – Adaptation to the regulatory procedure with scrutiny – Part Five

(COM(2009)0142 – C7‑0047/2009 – 2009/0048(COD))

(Codecision procedure: first reading)

The European Parliament,

–    having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0142),

–   having regard to Article 251(2) and Article 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7‑0047/2009),

–   having regard to its resolution of 23 September 2008 with recommendations to the Commission on the alignment of legal acts to the new Comitology Decision[1],

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on the Environment, Public Health and Food Safety (A7‑0036/2009),

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 – point -1 (new) Directive 64/432/EEC Article 4 – paragraph 3

Text proposed by the Commission Amendment -1. Article 4(3) shall be replaced by the following:   "3. The Commission shall adopt rules for the approval of sites where cleansing and disinfection may be carried out [...].   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17a(2)."

Justification

Adopting these rules for the approval of sites where cleansing and disinfection may be carried out would modify the basic act and should therefore be subject to RPS.

Amendment  2 Proposal for a regulation – amending act Annex – section 1 – point -1 a (new) Directive 64/432/EEC Article 6 – paragraph 2 – point a

Text proposed by the Commission Amendment -1a. In point (a) of Article 6(2), the first subparagraph shall be replaced by the following:   "(a) come from an officially tuberculosis-free bovine herd and, in the case of animals more than six weeks old, have reacted negatively to an intradermal tuberculin test carried out in accordance with the provisions of point 2.2 of Annex B either during the 30 days prior to leaving the herd of origin or in a place and under conditions to be defined [...] by the Commission.   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17a(2)."

Justification

Defining the conditions would modify the basic act and should therefore be subject to RPS.

Amendment  3 Proposal for a regulation – amending act Annex – section 1 – point 1 a (new) Directive 64/432/EEC Article 16

Text proposed by the Commission Amendment 1a. Article 16 shall be replaced by the following:   "[...]   Annexes A, B, C, D [...], E and F shall be amended by the Commission [...], in particular with regard to their adaptation to technological and scientific developments.   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17a(2)."

Justification

Amending the Annexes would modify the basic act and should therefore be subject to RPS.

Amendment  4 Proposal for a regulation – amending act Annex – section 1 – point 1 b (new) Directive 64/432/EC Article 17 – paragraph 2 – first subparagraph

Text proposed by the Commission Amendment   1b. In Article 17(2), the first subparagraph shall be replaced by the following:   "2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof."

Justification

The reference to Article 8 of the Comitology Decision is an essential element of the scrutiny procedure and should be inserted accordingly.

Amendment  5 Proposal for a regulation – amending act Annex – section 2 – point 4 a (new) Regulation (EC) No 1760/2000 Article 14 – paragraph 4

Text proposed by the Commission Amendment 4a. In Article 14, the fourth paragraph shall be replaced by the following:   "On the basis of experience, and in the light of requirements, similar provisions may be adopted by the Commission for cut meat and for beef trimmings [...].   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 23(4)."

Justification

The adoption of a simplified procedure would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  6 Proposal for a regulation – amending act Annex – section 2 – point 4 b (new) Regulation (EC) No 1760/2000 Article 16 – paragraph 3 – subparagraph 2

Text proposed by the Commission Amendment 4b. In Article 16, the second subparagraph of paragraph 3 shall be replaced by the following:   "If, within a period to be fixed by the Commission, counting from the day following the date of submission of the application, approval has not been refused or given, or supplementary information has not been asked for, the specification shall be considered to be approved by the competent authority.   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 23(4)."

Justification

The adoption of the period would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  7 Proposal for a regulation – amending act Annex – section 2 – point 4 c (new) Regulation (EC) No 1760/2000 Article 16 – paragraph 5

Text proposed by the Commission Amendment 4c. Article 16(5) shall be replaced by the following:   "By way of derogation from paragraphs 1 to 4, the Commission [...] may adopt an accelerated or simplified procedure for approval in specific cases, in particular for beef in small retail packages or prime beef cuts in individual packages, labelled in a Member State according to an approved specification and introduced into the territory of another Member State, provided that no information is added to the initial label.   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 23(4)."

Justification

The adoption of a simplified procedure would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  8 Proposal for a regulation – amending act Annex – section 2 – point 4 d (new) Regulation (EC) No 1760/2000 Article 16 – paragraph 7

Text proposed by the Commission Amendment 4d. Article 16(7) shall be replaced by the following:   "Member States shall inform the Commission of the implementation of this Article and in particular of the indications set out on the labels. The Commission shall inform the other Member States within the Management Committee for Beef and Veal referred to in Article 23(1)(b) and, where necessary, the Commission may adopt rules relating to those indications [...] and, in particular, [...] may impose limits.   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 23(4)."

Justification

The adoption of the rules related to the indications would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  9 Proposal for a regulation – amending act Annex – section 2 – point 4 e (new) Regulation (EC) No 1760/2000 Article 19 – introductory part

Text proposed by the Commission Amendment 4e. In Article 19, the introductory part shall be replaced by the following:   "The measures necessary for the implementation of this title shall be adopted [...] by the Commission. These measures concern in particular:"

Justification

As in article 10, the measures in Article 19 to be adopted by the Commission have a quasi-legislative character and should be subject to RPS.

Amendment 10 Proposal for a regulation – amending act Annex – section 2 – point 4 f (new) Regulation (EC) No 1760/2000 Article 19 – paragraph 1 a (new)

Text proposed by the Commission Amendment 4f. The following paragraph shall be added to Article 19:   "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 23(4)."

• [1]  Texts adopted, P6_TA(2008)0424.

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[1] was amended by Council Decision 2006/512/EC of 17 July 2006[2]. 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[3], the European Commission presented four package proposals, covering 225 legislative acts to be adapted to the new regulatory procedure with scrutiny (26 other acts were earlier covered by separate legislative proposals and dealt with by respective Parliament committees).

In its decision of 12 December 2007 the Conference of Presidents designated the Committee on Legal Affairs as the lead committee to deal with the 'general 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.

By the time of finalising the work on the fourth part of the general alignment, the Legal Affairs Committee also asked other committees if they have identified additional existing legal acts that would also require adaptation to the new comitology procedure. Eventually, a resolution was adopted by Parliament on 23 September 2008, calling on the Commission to present an adequate proposal in order to complete the alignment as regards 14 legal acts.

In response to the Parliament's resolution, the European Commission presented this proposal, covering only two legislative acts to be adapted to the new regulatory procedure with scrutiny. Among the remaining 12 acts from the Parliament's list, six were found to have already been aligned, one act not suitable for alignment to RPS as not being covered by codecision, one act adopted after the new comitology procedure was available, and four acts not containing (in the view of the Commission) provisions falling under the regulatory procedure with scrutiny.

The Rapporteur proposed to the Committee on Environment, Public Health and Food Safety that this package should be adopted as soon as possible, in order for the RPS procedure to start applying to the two acts 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 draft Report thus contains only one amendment, but other amendments will most probably be received separately from the Committee on Environment, Public Health and Food Safety in its formal Opinion. With regard to the other acts from the list annexed to its resolution, the Parliament should reserve its right to verify the findings of the Commission, and act accordingly in the near future.

• [1]  OJ C 203, 17.7.1999, p. 1.
• [2]  OJ L 200, 22.7.2006, p. 11.
• [3]  COM(2007)0740

OPINION of the Committee on the Environment, Public Health and Food Safety (5.10.2009)

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, with regard to the regulatory procedure with scrutinyAdaptation to the regulatory procedure with scrutiny - Part Five
(COM(2009)0142 – C7‑0047/2009 – 2009/0048(COD))

Rapporteur: Jo Leinen

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 1 - point - 1 (new) Directive 64/432/EEC Article 4 - paragraph 3

Text proposed by the Commission Amendment (-1) Article 4(3) shall be replaced by the following:   "3. The Commission shall adopt rules for the approval of sites where cleansing and disinfection may be carried out [...].   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17a(2)."

Justification

Adopting these rules for the approval of sites where cleansing and disinfection may be carried out would modify the basic act and should therefore be subject to RPS.

Amendment  2 Proposal for a regulation – amending act Annex - section 1 - point - 1 a (new) Directive 64/432/EEC Article 6 - paragraph 2 - point a

Text proposed by the Commission Amendment (-1a) In article 6(2)(a), the first subparagraph shall be replaced by the following:   "(a) come from an officially tuberculosis-free bovine herd and, in the case of animals more than six weeks old, have reacted negatively to an intradermal tuberculin test carried out in accordance with the provisions of point 2.2 of Annex B either during the 30 days prior to leaving the herd of origin or in a place and under conditions to be defined [...] by the Commission.   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17a(2).";

Justification

Defining the conditions would modify the basic act and should therefore be subject to RPS.

Amendment  3 Proposal for a regulation – amending act Annex - section 1 - point 1 b (new) Directive 64/432/EEC Article 16

Text proposed by the Commission Amendment (1b) Article 16 shall be replaced by the following:   "[...]   Annexes A, B, C, D [...], E and F shall be amended by the Commission [...], in particular with regard to their adaptation to technological and scientific developments.   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17a(2)."

Justification

Amending the Annexes would modify the basic act and should therefore be subject to RPS.

Amendment  4 Proposal for a regulation – amending act Annex - section 2 - point 4 a (new) Regulation (EC) 1760/2000 Article 14 - paragraph 4

Text proposed by the Commission Amendment (4a) In Article 14, the fourth paragraph shall be replaced by the following:   "On the basis of experience, and in the light of requirements, similar provisions may be adopted by the Commission for cut meat and for beef trimmings [...]."   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 23(4)."

Justification

The adoption of a simplified procedure would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  5 Proposal for a regulation – amending act Annex - section 2 - point 4 b (new) Regulation (EC)1760/2000 Article 16 - paragraph 3 - subparagraph 2

Text proposed by the Commission Amendment (4b) In Article 16, the second subparagraph of paragraph 3 shall be replaced by the following:   "If, within a period to be fixed by the Commission, counting from the day following the date of submission of the application, approval has not been refused or given, or supplementary information has not been asked for, the specification shall be considered to be approved by the competent authority.   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 23(4)."

Justification

The adoption of the period would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  6 Proposal for a regulation – amending act Annex - section 2 - point 4 c (new) Regulation (EC) 1760/2000 Article 16 - paragraph 5

Text proposed by the Commission Amendment (4c) Article 16(5) shall be replaced by the following:   "By way of derogation from paragraphs 1 to 4, the Commission [...] may adopt an accelerated or simplified procedure for approval in specific cases, in particular for beef in small retail packages or prime beef cuts in individual packages, labelled in a Member State according to an approved specification and introduced into the territory of another Member State, provided that no information is added to the initial label.   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 23(4)."

Justification

The adoption of a simplified procedure would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  7 Proposal for a regulation – amending act Annex - section 2 - point 4 d (new) Regulation (EC) 1760/2000 Article 16 - paragraph 7

Text proposed by the Commission Amendment (4d) Article 16(7) shall be replaced by the following:   "Member States shall inform the Commission of the implementation of this Article and in particular of the indications set out on the labels. The Commission shall inform the other Member States within the Management Committee for Beef and Veal referred to in Article 23(1)(b) and, where necessary, the Commission may adopt rules relating to those indications [...] and, in particular, [...] may impose limits.   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 23(4)."

Justification

The adoption of the rules related to the indications would amend the basic legislative act by supplementing it and should therefore be subject to RPS.

Amendment  8 Proposal for a regulation – amending act Annex - section 2 - point 4 e (new) Regulation (EC) 1760/2000 Article 19 - introductory part

Text proposed by the Commission Amendment (4e) In Article 19, the introductory part shall be replaced by the following:   "The measures necessary for the implementation of this title shall be adopted [...] by the Commission. These measures concern in particular:"

Justification

As in article 10, the measures in Article 19 to be adopted by the Commission have a quasi-legislative character and should be subject to RPS.

Amendment   9 Proposal for a regulation – amending act Annex - section 2 - point 4 f (new) Regulation (EC) 1760/2000 Article 19 - paragraph 1 a (new)

Text proposed by the Commission Amendment (4f) The following paragraph shall be added to Article 19:   "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 23(4)."

PROCEDURE

Title	Adaptation to the regulatory procedure with scrutiny - Part Five
References	COM(2009)0142 – C7-0047/2009 – 2009/0048(COD)
Committee responsible	JURI
Opinion by        Date announced in plenary	ENVI 14.7.2009
Rapporteur        Date appointed	Jo Leinen 21.7.2009
Date adopted	5.10.2009
Result of final vote	+: –: 0:	24 0 1
Members present for the final vote	Kriton Arsenis, Pilar Ayuso, Sandrine Bélier, Chris Davies, Bairbre de Brún, Esther de Lange, Anne Delvaux, Bas Eickhout, Gerben-Jan Gerbrandy, Jolanta Emilia Hibner, Karin Kadenbach, Jo Leinen, Corinne Lepage, Kartika Tamara Liotard, Linda McAvan, Radvilė Morkūnaitė, Antonyia Parvanova, Mario Pirillo, Vittorio Prodi, Anna Rosbach, Horst Schnellhardt, Richard Seeber, Glenis Willmott, Sabine Wils
Substitute(s) present for the final vote	Marita Ulvskog

PROCEDURE

Title	Adaptation to the regulatory procedure with scrutiny - Part Five
References	COM(2009)0142 – C7-0047/2009 – 2009/0048(COD)
Date submitted to Parliament	30.3.2009
Committee responsible        Date announced in plenary	JURI 14.7.2009
Committee(s) asked for opinion(s)        Date announced in plenary	ENVI 14.7.2009
Rapporteur(s)        Date appointed	József Szájer 2.9.2009
Discussed in committee	3.9.2009		6.10.2009
Date adopted	6.10.2009
Result of final vote	+: –: 0:	16 0 0
Members present for the final vote	Raffaele Baldassarre, Luigi Berlinguer, Sebastian Valentin Bodu, Christian Engström, Marielle Gallo, Antonio Masip Hidalgo, Bernhard Rapkay, Evelyn Regner, Francesco Enrico Speroni, Alexandra Thein, Diana Wallis, Cecilia Wikström, Tadeusz Zwiefka
Substitute(s) present for the final vote	Edvard Kožušník, Eva Lichtenberger, József Szájer