Proposal for a COUNCIL REGULATION adapting the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted under the assent procedure

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [1] repealed Decision 87/373/EEC of 13 July 1987.

[1] OJ L 184, 17.7.1999, p. 23.

Statement No 2 of the Council and of the Commission on Decision 1999/468/EC specifies that the Council and the Commission agree that the provisions relating to committees which assist the Commission in the exercise of its implementing powers, provided for in application of Decision 87/373/EEC, should be adapted in order to bring them into line with the provisions of Articles 3, 4 and 5 of Decision 1999/468/EC.

The joint statement provides that procedures of type I, IIa, IIb, IIIa and IIIb should be automatically brought into line, whereas the amendment of the safeguard procedures should be done on a case-by-case basis.

This Regulation does not affect either the substantive provisions of the amended legislative acts or the application of the latter.

This Regulation, which aims to bring into line the legislative acts which establish the committees and the legislative acts which refer to these committees, does not affect the nature of the committees provided for by the basic act.

This Regulation does not apply to the legislative acts which have already been brought into line by an act amending the basic act.

The Regulation does not prejudice the Commission's proposals for legislative acts amending the basic act which have been submitted since 18 July 1999, the date of entry into force of Council Decision 1999/468/EC.

This Regulation applies to legislative acts which are still in force when it enters into force.

2001/0313 (AVC)

Proposal for a COUNCIL REGULATION adapting the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted under the assent procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 161 thereof,

Having regard to the proposal from the Commission [2],

[2]

Having regard to the assent of the European Parliament [3],

[3]

Having regard to the opinion of the Economic and Social Committee [4],

[4]

Having regard to the opinion of the Committee of Regions [5],

[5]

Whereas:

(1) Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [6] repealed Decision 87/373/EEC [7].

[6] OJ L 184, 17.7.1999, p. 23.

[7] OJ L 197, 18.7.1987, p. 33.

(2) In accordance with the joint statement of the Council and of the Commission [8] on Decision 1999/468/EC, the provisions relating to committees which assist the Commission in the exercise of its implementing powers, provided for in application of Decision 87/373/EEC, should be adapted in order to bring them into line with the provisions of Articles 3, 4 and 5 of Decision 1999/468/EC.

[8] OJ C 203, 17.7.1999, p. 1.

(3) The aforesaid statement indicates the methods for adapting the committee procedures, which is automatic provided that this does not affect the nature of the committee provided for in the basic act.

(4) The time limits set in the provisions to be adapted must remain in force. Wherever there is no specific time limit laid down for adopting the implementing measures, the time limit should be set at three months.

(5) The provisions of the instruments providing for recourse to the type I committee procedure established by Decision 87/373/EEC should therefore be replaced by provisions referring to the advisory procedure laid down in Article 3 of Decision 1999/468/EC.

(6) The provisions of the instruments providing for recourse to type IIa and IIb committee procedures established by Decision 87/373/EEC should be replaced by provisions referring to the management procedure provided for in Article 4 of Decision 1999/468/EC,

HAS ADOPTED THIS REGULATION:

Article 1

With regard to the advisory procedure, the instrument referred to in the annex is amended in accordance with Annex I.

Article 2

With regard to the management procedure, the instrument referred to in the annex is amended in accordance with Annex II.

Article 3

References to provisions of the instruments in the annexes are understood to be references to these provisions as amended by this Regulation.

Article 4

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For the Council

The President

ANNEX I

Advisory procedure

Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1).

Article 47(2) is replaced by the following:

"2. Where the Committees mentioned in paragraph 1(a), (c) and (d) are acting as Consultative Committees pursuant to Articles 48, 50 and 51 respectively, the procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof."

ANNEX II

Management procedure

Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1).

Article 47(3) is replaced by the following:

"3. Where the Committees mentioned in paragraph 1(a), (c) and (d) are acting as Management Committees pursuant to Articles 48, 50 and 51 respectively, the procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof. The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month."