EN Official Journal of the European Union CE 271/70

Thursday 8 May 2008

Exercise of implementing powers conferred on the Commission

P6_TA(2008)0189

European Parliament decision of 8 May 2008 on the conclusion of an interinstitutional agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Decision 2006/512/EC (C6-0009/2008 — 2008/2002(ACI))

2009/C 271 E/09

The European Parliament,

having regard to the letter from its President of 27 March 2008 transmitting the interinstitutional agreement as approved by the Conference of Presidents on 12 December 2007,

having regard to Article 202 of the EC Treaty,

having regard to 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 (1),

having regard to the draft agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Decision 2006/512/EC (hereinafter referred to as ‘the Agreement’),

having regard to Rules 81 and 120(1) of its Rules of Procedure,

having regard to the report of the Committee on Constitutional Affairs (A6-0107/2008),

A. whereas certain provisions of the Agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2) (‘the 2000 Agreement’) have unfortunately been disregarded by the Commission, for example the provision that Parliament is to receive, at the same time as the members of the committee and on the same terms, the various comitology documents, inasmuch as those documents are almost always sent to Parliament too late and, in any case, not at the same time as to the members of the committee,

B. whereas the procedures for implementing Council Decision 1999/468/EC were highly unsatisfactory and, with the exception of the procedures for the new regulatory procedure with scrutiny, still are, due inter alia to the way in which the comitology database has operated; whereas documents are often sent in bits and pieces and without a clear explanation of their status, and sometimes under misleading headings, e.g. draft implementing measures that have not yet been voted on in committee are sent under the heading ‘right to scrutiny’, when they should be sent under the heading ‘right to information’, which makes it unclear which deadlines apply,

C. whereas this problem, in practice, reduces still further Parliament's already very limited control over comitology matters,

D. whereas the Commission has now undertaken to establish an electronic register containing all documents forwarded to Parliament, to which Parliament is to have direct access, which will enable a clear identification of the documents covered by the same procedure, an indication of the stage reached in the procedure and the timetable, a clear distinction between the draft measures received by Parliament and the final draft following the committee's opinion, and a clear identification of any modification in comparison to documents already forwarded to Parliament,

E. whereas the Agreement is of great practical significance not only in relation to the new regulatory procedure with scrutiny, but for all comitology procedures; whereas the Agreement may set a precedent for future interinstitutional agreements with similar objectives,

F. whereas, although the Agreement is to apply for a brief transitional period, the experience gained during that transitional period could be highly instructive, and whereas its aim is to ensure that, after the Lisbon Treaty enters into force, every comitology procedure between the three institutions functions satisfactorily,

1. Emphasises that, when applicable, reference to the regulatory procedure with scrutiny is obligatory for all three institutions and is not subject to bargaining or negotiation; calls on the Council, the Commission and all parliamentary committees to take this circumstance duly into account in all relevant legislative procedures;

2. Recalls that the regulatory procedure with scrutiny is to be applied in relation to all measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements;

3. Calls on the Council and the Commission, in the case of grey areas where it may be unclear whether the new regulatory procedure with scrutiny, or another comitology procedure, is to apply, to apply the new regulatory procedure with scrutiny;

4. Stresses that the sole purpose of the new regulatory procedure with scrutiny is to strengthen Parliament's right of control, and that it in no way changes the scope of implementing powers that can be conferred on the Commission;

5. Is of the opinion that the Agreement represents a step in the right direction as far as Parliament's rights and powers with regard to delegated legislation are concerned;

6. Welcomes the fact that the Agreement defines more precisely the Commission's obligation to inform Parliament under Article 7(3) of Decision 1999/468/EC by stipulating that Parliament is to be informed of the proceedings of the committees in accordance with arrangements which ensure that the transmission system is transparent and efficient and that the information forwarded and the various stages of the procedure are identified;

7. Expects that the Commission will fully adhere to all provisions of the Agreement, which is unfortunately not the case as regards the 2000 Agreement;

8. Calls for a consistently high standard of summary records, with attendance lists that indicate, at the very least, the names of the people who attended the meeting in question, their affiliation and their e-mail addresses;

9. Points out that effective operation of the new register will be the decisive element with regard to full and satisfactory implementation of the Agreement and, therefore, eagerly awaits its being put into practice; recommends that, after the transitional period, Parliament and the Commission undertake a review of the new register and correct any practical difficulties and faults which may emerge; recommends that Parliament obtain information about the functioning of the register from the parties concerned during the initial period;

10. Expressly welcomes the new provisions whereby the register is to clearly identify the status of all comitology documents received, any possible link with other documents already forwarded and any changes that have been made;

11. Calls on the Commission in this context to change its internal procedures in order to ensure that a distinction is made between, on the one hand, draft measures which must be sent to Parliament under its right to information at the same time as to the relevant committee and, on the other hand, draft measures which must be sent to Parliament so as to enable it to exercise its right of scrutiny;

12. Welcomes the introduction of an ‘early warning system’ whereby Parliament is informed as soon as becomes apparent that urgent draft implementing measures are going to be submitted to a committee, but insists that this must not be used to turn non-urgent matters into urgent ones, as curtailed time-limits may apply only in duly substantiated, exceptional cases;

13. Points out that, in order to exercise its right of scrutiny on the basis of adequate information, Parliament needs to be regularly provided with all the background documentation explaining why the Commission is proposing certain measures; welcomes the Commission's readiness to assist Parliament in order to ensure full cooperation when dealing with specific implementing measures, and therefore calls on the Commission to submit to Parliament, upon request, any background document that relates to the draft implementing measure;

14. Does not share the Commission's view that draft implementing measures submitted to it are not to be made public until the vote in the committee, and insists on its right to consult whomsoever it may wish in relation to any draft measures; calls on the Commission to reconsider its view and to make all draft implementing measures public as soon as they are formally proposed;

15. Approves conclusion of the Agreement and expects its full implementation without delay after its approval;

16. Decides to annex the Agreement to its Rules of Procedure, replacing Annex XII thereof;

17. Instructs its President to forward this decision and its annex, for information, to the Council, the Commission, and the parliaments of the Member States.

(1) OJ L 200, 22.7.2006, p. 11.

(2) OJ L 256, 10.10.2000, p. 19.