European Parliament resolution on 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
Date: 2000-02-17
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: European Commission, capacity to exercise rights, executive competence, powers of the institutions (EU)

29.11.2000

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Official Journal of the European Communities

C 339/269

Thursday 17 February 2000

21.
Takes the view that implementation of the stabilisation and association agreement should be
accompanied by a White Paper to serve as a precise guide for the country in its efforts to approximate
to the acquis communautaire and to assess progress in implementation not merely after a period of five years
in a Commission report, but continuously on a biennial basis;

22.
Takes the view that implementation of the programmes should be decentralised and shifted from
Brussels to Skopje, with due attention being paid to enhanced coordination between programming, man-
agement, implementation and follow-up, with as short-term priorities improving the civil service, customs
and frontier management and promoting small and medium-sized enterprises;

23.
Is of the opinion that in order to enhance and strengthen coexistence a specific programme should
be directed to the development of interethnic initiatives and projects both in civil society and the eco-
nomic field;

24.

Repeats its call for the Commission representation in Skopje to be upgraded to delegation status;

Hopes that the dialogue now being conducted between Greece and the FYROM within the UN will

25.
result as soon as possible in a name which is acceptable to both sides;

26.

Instructs its President to forward this resolution to the Commission and the Council.

11. Agreement on comitology

A5-0021/2000

European Parliament resolution on the agreement between the European Parliament and the Com-
mission 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

The European Parliament,

4 having regard to Council Decision 1999/468/EC of 28 June 1999 (1),

4 having regard to its opinion of 6 May 1999 on the proposal for a Council Decision laying down the

procedures for the exercise of implementing powers conferred on the Commission (2),

4 having regard to the agreement concluded with the Commission,

4 having regard to Rule 54 of its Rules of Procedure,

4 having regard to the report of the Committee on Constitutional Affairs (A5-0021/2000),

A. whereas Article 8 of the Council Decision of 28 June 1999 confers on the European Parliament a
power of intervention if it considers that implementing powers will be exceeded and whereas in
such cases the Commission is required to re-examine the draft implementing measure, taking account
of Parliament’s resolution, and whereas the Commission must furthermore provide information on the
action it intends to take on the resolution and the reasons for doing so,

B. whereas Article 7(3) of the Decision provides for the European Parliament to be fully informed about
agendas, draft implementing measures arising from legislative acts adopted under codecision which
have been submitted to committees, the results of voting, provisional summary records of meetings,
lists of participants in committees and drafts of implementing measures forwarded to the Council,

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 279, 1.10.1999, p. 404.

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C. whereas the new decision on the committee procedure only partly meets the expectations of the Euro-
pean Parliament, but nonetheless constitutes a real step forward in comparison with the previous
situation,

D. whereas Parliament and the Commission have decided to agree on the procedures for implementing
the Council Decision and whereas this agreement with the Commission particularly concerns the
implementation of Article 7(3) on the provision of information to Parliament and Article 8 on its
right of intervention,

1.

Accepts the agreement annexed to this resolution;

Considers that all the ‘committees’ which existed before the Decision of 28 June 1999 should be
2.
modified in accordance with the new procedures and thus endorses Declaration No 2 by the Council and
the Commission (1) on the Decision;

States that this agreement is without prejudice to its right to adopt any resolution on any subject,
3.
notably when it objects to the contents of a draft implementing measure; this agreement is also without
prejudice to its right to object to implementing measures referred to the Council following an unsuccessful
committee procedure (pursuant to Rule 88 of Parliament’s Rules of Procedure);

Considers that this agreement between itself and the Commission supersedes the previous agreements
4.
(the Plumb/Delors agreement of 1988, the Samland/Williamson agreement of 1996 and the modus vivendi
of 1994) (2) and renders them null and void;

Decides that the agreement and this resolution will be published in the Official Journal of the Euro-

5.
pean Communities (L Series) and in the annex to its Rules of Procedure;

6.

Instructs its President to forward this resolution and its annex to the Council and Commission.

(1) OJ C 203, 17.7.1999, p. 1.
(2) OJ C 102, 4.4.1996, p. 1.

ANNEX

Agreement between the European Parliament and the Commission on procedures for implement-
ing Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission

Pursuant to Article 7(3) of Decision 1999/468/EC (1), the European Parliament is to be informed by
1.
the Commission on a regular basis of the proceedings of the committees involved in committee proce-
dures. To that end, it is to receive, at the same time as the members of the committees and on the same
terms, the draft agendas for committee meetings, the draft implementing measures submitted to the com-
mittees under basic instruments adopted by the procedure provided for by Article 251 of the Treaty, and
the results of voting and summary records of the meetings and lists of the authorities to which the persons
designated by the Member States to represent them belong.

2.
Furthermore, the Commission agrees to forward to the European Parliament, for information, at the
request of the parliamentary committee responsible, specific draft measures for implementing basic instru-
ments which, although not adopted under the codecision procedure, are of particular importance to the
European Parliament. Pursuant to the judgment of the Court of First Instance of the European Commu-
nities of 19 July 1999 (Case T-188/97, Rothmans v. Commission), the European Parliament may request
access to minutes of committee meetings.

The European Parliament and the Commission consider the following agreements superseded and
3.
thus of no effect insofar as they themselves are concerned: 1988 Plumb/Delors agreement, 1996 Sam-
land/Williamson agreement and 1994 modus vivendi (2).

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 102, 4.4.1996, p. 1.

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Once the appropriate technical arrangements have been made,

4.
the documents referred to in
Article 7(3) of the Decision will be forwarded electronically. Confidential documents will be processed in
accordance with internal administrative procedures drawn up by each institution with a view to providing
all the requisite guarantees.

5.
Pursuant to Article 8 of Decision, the European Parliament may indicate, in a resolution setting out
the grounds on which it is based, that draft measures for implementing a basic instrument adopted by the
procedure provided for by Article 251 of the Treaty exceed the implementing powers provided for in that
basic instrument.

6.
The European Parliament is to adopt such resolutions in plenary; it is to have a period of one month
in which to do so, beginning on the date of receipt of the final draft of the implementing measures in the
language versions submitted to the Commission.

In urgent cases, and in the case of measures relating to day-to-day administrative matters and/or
7.
having a limited period of validity, the time-limit will be shorter. That time-limit may be very short in
extremely urgent cases, and in particular on public health grounds. The Member of the Commission
responsible is to set the appropriate time-limit and to state the reason for that time-limit. The European
Parliament may then use a procedure whereby application of Article 8 of Decision 1999/468/EC, within
the relevant time-limit, may be delegated to the parliamentary committee responsible.

8.
Following adoption by the European Parliament of a resolution setting out the grounds on which it is
based, the Member of the Commission responsible is to inform the European Parliament or, where appro-
priate, the parliamentary committee responsible, of the action the Commission intends to take thereon.

9.
The European Parliament supports the aim and the procedures set out in Declaration No 2 of the
Council and the Commission (1). That declaration is aimed at simplifying Community implementing
arrangements by bringing the committee procedures currently in force into line with those resulting
from Council Decision 1999/468/EC.

(1) OJ C 203, 17.7.1999, p. 1.

12. Racism/xenophobia-related incidents in El Ejido (Spain)

B5-0149, 0159, 0162, 0169 and 0175/2000

European Parliament resolution on the outbreak of racism and xenophobia in El Ejido (Spain)

The European Parliament,

4 having regard to Article 13 of the EC Treaty,

4 having regard the conclusions of the Tampere European Council,

4 having regard to its resolution of 17 September 1992 on the riots in Rostock-Lichtenhagen and other

cities of the new Länder (1),

4 having regard to its resolution of 20 February 1997 on racism, xenophobia and the extreme right (2),

4 having regard to its resolution of 8 October 1998 on cooperation with the Mediterranean countries

on matters of migration (3),

A. having regard to the establishment of the European Monitoring Centre on Racism, Xenophobia and

Anti-Semitism,

B. having regard to the outbreak of racism and xenophobia in El Ejido (Andalusia, Spain) following the
tragic death on 5 February 2000 of Encarnación López, the third crime to have occurred in the town
within the short space of a fortnight and, like the other two, said to have been committed by immi-
grants, and having regard to the wave of indiscriminate violence, persecution of the immigrant popu-
lation, physical aggression and burning of dwellings and possessions,

C. whereas this violence also affected the headquarters of the NGOs involved in assisting and finding

accommodation for immigrants; acknowledging the work of such bodies in the area,

(1) OJ C 284, 2.11.1992, p. 99.
(2) OJ C 85, 17.3.1997, p. 150.
(3) OJ C 328, 26.10.1998, p. 184.