20061223

P6_TA(2006)0588

Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions

European Parliament decision on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG))

The European Parliament,

- having regard to its position of 6 July 2006 on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, and, in particular, paragraph 2 thereof [1],

- having regard to the Council Decision 2006/512/EC of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission [2],

- having regard to the letter of its President of 20 July 2006,

- having regard to Rules 201 and 202 of its Rules of Procedure,

- having regard to the report of the Committee on Constitutional Affairs (A6-0415/2006);

Whereas

A. negotiations between the European Parliament, the Council and the Commission have led to the conclusion of an interinstitutional agreement taking the form of a joint statement welcoming the draft for a new procedure to be introduced into Decision 1999/468/EC,

B. the new procedure, known as the "regulatory procedure with scrutiny", entitles the European Parliament and the Council to scrutinise "quasi-legislative" measures implementing an instrument adopted by codecision on an equal footing and to reject such measures,

C. decision 2006/512/EC is accompanied by this joint statement, a statement by the Commission recorded in the minutes of the Council and statements by the Commission concerning the implementation and application of the new procedure,

D. it is appropriate to modify Rule 81 of the Rules of Procedure so as to enable Parliament to make use of the rights under the new procedure under the best possible conditions,

1. Decides to amend its Rules of Procedure as shown below;

2. Decides that the amendment will enter into force on 1 January 2007;

3. Instructs its President to ensure through arrangements with the other institutions at the administrative level, that drafts of measures are not transmitted to Parliament shortly before a recess of Parliament;

4. Instructs its President to forward this decision to the Council and Commission, for information.

Amendments 1 and 2

Rule 81

Rule 81

Implementing provisions

1. When the Commission forwards a draft implementing measure to Parliament, the President shall refer the document in question to the committee responsible for the act from which the implementing provisions derive.

2. On a proposal from the committee responsible, Parliament may, within one month — or three months for financial services measures — of the date of receipt of the draft implementing measure, adopt a resolution objecting to the draft measure, in particular if it exceeds the implementing powers provided for in the basic instrument. Where there is no part-session before the deadline expires, or in cases where urgent action is required, the right of response shall be deemed to have been delegated to the committee responsible. This shall take the form of a letter from the committee chairman to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament. If Parliament objects to the measure, the President shall request the Commission to withdraw or amend the measure or submit a proposal under the appropriate legislative procedure.

Rule 81

Implementing measures

1. When the Commission forwards a draft of implementing measures to Parliament, the President shall refer the draft of measures to the committee responsible for the act from which the implementing measures derive. When enhanced cooperation between committees has taken place with regard to the basic act, the committee responsible shall invite the other committee to communicate its views orally or by letter.

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

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

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

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

(a) the time for scrutiny starts to run when the draft of measures has been submitted to Parliament in all official languages;

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

(c) Parliament may oppose the adoption of the draft of measures acting by a majority of its component members.

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

[1] P6_TA(2006)0310.

[2] OJ L 200, 22.7.2006, p. 11.

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