A4-0002/95

Resolution on an interinstitutional agreement on official codification of Community legislation

The European Parliament,

- having regard to the Treaty on European Union and in particular to Article 189b of the EC Treaty,

- having regard to its resolution of 26 May 1989 on the simplification, clarification and codification of Community law ((OJ C 158, 26.6.1989, p. 386.)),

- having regard to its resolution of 6 May 1994 on the transparency of Community legislation and the need for it to be consolidated ((OJ C 205, 25.7.1994, p. 514.)),

- having regard to the ad referendum draft agreement by the legal services of Parliament, the Council and the Commission and its subsequent approval by the Commission and Council,

- having regard to the interinstitutional agreement initialled on 20 December 1994,

- having regard to Rule 148 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights (A4-0002/95),

A. reiterating the views it has previously expressed on the urgent need to simplify and codify Community legislation in order to facilitate its implementation,

B. sharing the Council's view that 'codified Community legislation' should be adopted 'as rapidly as possible under the Community's normal decision-making procedure' (see Conclusions of the Presidency - Edinburgh Summit - 12 December 1992, Annex 3 to Part A, p. 6),

C. welcoming, in this context, the efforts made by the legal services of Parliament, the Council and the Commission to draw up a draft agreement on 'the accelerated working method for official codification of legislative texts',

1. Approves the agreement annexed to this resolution subject to the inclusion of the following interpretative declaration in paragraph 5 thereof:

'Parliament, for its part, considers that particularly where there is an amendment either to the legal basis or to the procedure for adopting the text in question, it must reserve its view as to whether the codification is desirable in view of the need to respect the 'normal legislative procedure' within the meaning of paragraph 5 of this agreement'.

2. Instructs its President to forward this resolution to the Council and Commission and to have the text referred to above published in the Official Journal following its approval by the institutions concerned.

ANNEXINTERINSTITUTIONAL AGREEMENT OF 20 DECEMBER 1994

Accelerated working method

for official codification

of legislative texts

1. For the purposes of the present working method, official codification means the procedure for repealing the acts being codified and replacing them with a single act which does not in any way change their substance.

2. The priority areas for codification will be agreed upon by the three institutions concerned, on a proposal from the Commission. The Commission will list in its work programme the proposals for codification it intends to put forward.

3. In its proposals for codification, the Commission undertakes not to change the substance of the acts being codified.

4. The consultative working party composed of the Legal Services of the European Parliament, the Council and the Commission will examine such proposals as soon as it has been adopted by the Commission. It will deliver an opinion as soon as possible on whether the Commission has in fact confined itself to simple codification and not made any substantive changes.

5. The normal legislative procedure of the Community will be fully respected.

6. The objective of the Commission proposal, i.e. simple codification of existing texts, will constitute a legal limit, prohibiting any substantive change by the European Parliament and the Council.

7. The Commission proposal will be examined in all its aspects under an accelerated procedure within the European Parliament (one committee to consider the proposal and simplified procedure for its approval) and the Council (consideration by one working party and 'I/A items' procedure in COREPER- Council).

8. Should it appear necessary during the legislative procedure to go beyond simple codification and to make substantive changes, it will be for the Commission, if need be, to present the proposal or proposals necessary for that purpose.

Done at Brussels on the twentieth day of December in the year one thousand nine hundred and ninety-four.

For the EuropeanFor the Council For the Commission of

Parliamentof the European Union the European Communities

JOINT DECLARATIONSON PARAGRAPH 4 OF THE ACCELERATED

WORKING METHOD FOR OFFICIAL CODIFICATIONThe European Parliament, the Council and the Commission agree that the consultative Working Party will endeavour to give its opinion in time for it to be made available to the institutions before they begin their respective examinations of the proposal concerned.

ON PARAGRAPH 7 OF THE ACCELERATED

WORKING METHOD FOR OFFICIAL CODIFICATIONThe European Parliament, the Council and the Commission state that the study of Commission proposals for official codification 'from all aspects' within the European Parliament and the Council will be conducted in such a way as to avoid calling into question the dual objectives of codification, viz., that it should be dealt with by a single body within the institutions and by an almost automatic procedure.

In particular, the three institutions agree that study of Commission proposals 'from all aspects' will not involve re-opening discussion on solutions reached as to substance when the acts being codified were adopted.

ON PARAGRAPH 8 OF THE ACCELERATED

WORKING METHOD FOR OFFICIAL CODIFICATIONThe European Parliament, the Council and the Commission note that if it should appear necessary to go beyond straightforward codification and make substantive changes, the Commission will be able to choose, case by case, whether to recast its proposal or whether to submit a separate proposal for amendment, leaving its codification proposal on the table, and then, once the substantive change has been adopted, incorporate it into the proposal for codification.

European Parliament declaration on paragraph 5 of the accelerated working method for official codification'Parliament, for its part, considers that particularly where there is an amendment either to the legal basis or to the procedure for adopting the text in question, it must reserve its view as to whether the codification is desirable in view of the need to respect the 'normal legislative procedure' within the meaning of paragraph 5 of this agreement'.