European Parliament decision on the conclusion of an interinstitutional agreement taking the form of a joint statement concerning the draft for a Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (new regulatory procedure with scrutiny) (10125/2006 - C6-0208/2006 - 2006/2152(ACI))
Date: 2006-07-06
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: European Commission, executive competence, institutional reform, legislative-executive relations, powers of the institutions (EU)

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P6_TA(2006)0309

Implementing
agreement)

powers

conferred

on

the Commisison (Interinstitutional

European Parliament decision on the conclusion of an interinstitutional agreement taking the form
of a joint statement concerning the draft for a Council Decision amending Decision 1999/468/EC
laying down the procedures for the exercise of implementing powers conferred on the Commission
(new regulatory procedure with scrutiny) (10125/2006 — C6-0208/2006 — 2006/2152(ACI))

The European Parliament,

— having regard to the Treaty establishing the European Community, and in particular the third indent of

Article 202 thereof,

— having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the

exercise of implementing powers conferred on the Commission (1),

— having regard to the Commission proposal for a Council Decision amending Decision 1999/468/EC

(COM(2002)0719) (2),

— having regard to the declaration of former Commission President Prodi before the European Parliament

of 5 February 2002 (the ‘Prodi Declaration’),

— having regard to its position of 2 September 2003 (3),

— having regard to its resolution of 5 February 2002 on the implementation of

financial services

legislation (4),

— having regard to the amended proposal from the Commission (COM(2004)0324) (5),

— having regard to the draft Council Decision (10126/1/2006 — C6-0190/2006) (6),

— having regard to the draft joint statement (10125/2006 — C6-0208/2006),

— having regard to Rule 120(1) of its Rules of Procedure,

— having regard to the report of the Committee on Constitutional Affairs (A6-0237/2006), Whereas,

A. the Council and the Commission agreed last autumn to open talks on the possibilities for carrying on

the reform of the comitology procedures on the basis of the Commission's amended proposal,

B.

the Conference of Presidents decided on 10 November 2005 to begin discussions with the Council and
the Commission on the comitology procedures and gave a mandate to this end to the Chairman of the
Conference of Committee Chairmen and the Rapporteur of the committee responsible, which was
renewed on 19 January 2006,

C.

these talks have led to a draft for a new procedure and draft statements in connection with the decision
to be taken on this procedure,

D. the Decision will introduce into the 1999 Decision on comitology a new procedure, known as the ‘regu-
latory procedure with scrutiny’, which will entitle 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,

(1) OJ L 184, 17.7.1999, p. 23.
(2) Not yet published in OJ.
(3) OJ C 76 E, 25.3.2004, p. 82.
(4) OJ C 284 E, 21.11.2002, p. 115.
(5) Not yet published in OJ.
(6) Not yet published in OJ.

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E.

the Treaty establishing a Constitution for Europe signed by all Heads of Government and State grants
Parliament the right to revoke the delegation of powers (Article I-36). The final compromise text for a
new regulatory procedure with scrutiny does not provide for such a right for the Parliament. The right
to revoke a delegation of powers will therefore remain one of the key demands of the European
Parliament, something which could be achieved notably by the Constitutional Treaty,

F.

the decision will be accompanied by a joint statement by the European Parliament, the Council and the
Commission, a statement by the Commission to be recorded in the minutes of the Council and state-
ments by the Commission concerning the implementation and application of the new procedure,

G. these statements reflect important points brought into the negotiations by the three institutions, without
which the compromise on the new procedure would not have been achieved and its practical effect
would not have been secured,

1. Approves the conclusion of the agreement taking the form of a joint statement annexed to this
decision;

Takes note of the statement by the Commission concerning its undertaking to take transparency

2.
measures, made in connection with the joint statement;

Takes note of the statements by the Commission concerning the language regime and the starting point

3.
of the period for scrutiny and the alignment of acts in force made on the same occasion;

4.

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

Statement of the European Parliament, the Council and the Commission

1.
The European Parliament, the Council and the Commission welcome the forthcoming adoption of the
Council Decision amending Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (1). The inclusion in the 1999
Decision of a new procedure, known as the ‘regulatory procedure with scrutiny’, will enable the legislator to
scrutinise the adoption of ‘quasi-legislative’ measures implementing an instrument adopted by codecision.

The European Parliament, the Council and the Commission emphasise that,

2.
in the context of the
existing Treaty, this Decision provides a horizontal and satisfactory solution to the European Parliament's
wish to scrutinise the implementation of instruments adopted under the codecision procedure.

3. Without prejudice to the rights of the legislative authorities, the European Parliament and the Council
recognise that the principles of good legislation require that implementing powers be conferred on the
Commission without time-limit. However, where an adaptation is necessary within a specified period, the
European Parliament, the Council and the Commission consider that a clause requesting the Commission to
submit a proposal to revise or abrogate the provisions concerning the delegation of implementing powers
could strengthen the scrutiny exercised by the legislator.

4.
This new procedure will apply following its entry into force to the quasi-legislative measures provided
for in instruments adopted in accordance with the codecision procedure, including those provided for in
instruments to be adopted in future in the financial services field (Lamfalussy instruments). However, for it
to be applicable to instruments adopted by codecision which are already in force, those instruments must be
adjusted in accordance with the applicable procedures, so as to replace the regulatory procedure laid down
in Article 5 of Decision 1999/468/EC by the regulatory procedure with scrutiny, wherever there are
measures which fall within its scope.

(1) OJ L 184, 17.7.1999, p. 23.

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The European Parliament, the Council and the Commission consider that the following instruments

5.
should be adjusted as a matter of urgency:

(a) Regulation of the European Parliament and of the Council on nutrition and health claims made on

foods (not yet published in the Official Journal);

(b) Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 re-casting
Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit
institutions (not yet published in the Official Journal);

(c) Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 re-casting
Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the
taking up and pursuit of the business of credit institutions (not yet published in the Official Journal);

(d) Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory
audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and
83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87);

(e) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 estab-
lishing a Community Code on the rules governing the movement of persons across borders (Schengen
Borders Code) (OJ L 105, 13.4.2006, p. 1);

(f) Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the
prevention of the use of the financial system for the purpose of money laundering and terrorist finan-
cing (OJ L 309, 25.11.2005, p. 15);

(g) Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a
framework for the setting of ecodesign requirements for energy-using products and amending Council
Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the
Council (OJ L 191, 22.7.2005, p. 29);

(h) Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending
Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives
94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a
new organisational structure for financial services committees (OJ L 79, 24.3.2005, p. 9);

(i) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on
maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending
Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1);

(j) Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the
harmonisation of transparency requirements in relation to information about issuers whose securities
are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390,
31.12.2004, p. 38);

(k) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in
financial
amending Council Directives 85/611/EEC and 93/6/EEC and Directive
2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC
(OJ L 145, 30.4.2004, p. 1);

instruments

(l) Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the
prospectus to be published when securities are offered to the public or admitted to trading and
amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64);

(m) Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003

on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1);

(n) Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities
and supervision of institutions for occupational retirement provision (OJ L 235, 23.9.2003, p. 10);

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(o) Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider

dealing and market manipulation (market abuse) (OJ L 96, 12.4.2003, p. 16);

(p) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste

electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24);

(q) Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the
restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 37,
13.2.2003, p. 19);

(r) Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the
supplementary supervision of credit institutions,
insurance undertakings and investment firms in a
financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC,
92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European
Parliament and of the Council (OJ L 35, 11.2.2003, p. 1);

(s) Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the

application of international accounting standards (OJ L 243, 11.9.2002, p. 1);

(t) Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002 amending
Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions
relating to undertakings for collective investment in transferable securities (UCITS) with a view to regu-
lating management companies and simplified prospectuses (OJ L 41, 13.2.2002, p. 20);

(u) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the

Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67);

(v) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the delib-
erate release into the environment of genetically modified organisms and repealing Council Directive
90/220/EEC (OJ L 106, 17.4.2001, p. 1);

(w) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing

a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1);

(x) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of

life vehicles (OJ L 269, 21.10.2000, p. 34);

(y) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the

placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1);

To this end, the Commission has indicated that it will shortly submit proposals to the European Parliament
and the Council for the amendment of the instruments referred to above, so as to introduce the regulatory
procedure with scrutiny and consequently repeal any provisions of these instruments that provide for a
time-limit on the delegation of implementing powers to the Commission. The European Parliament and the
Council will ensure that the proposals are adopted as rapidly as possible.

6.
In accordance with the Interinstitutional Agreement of 16 December 2003 on better law-making (1),
the European Parliament, the Council and the Commission draw attention to the important role played by
implementing measures in legislation.
the
Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of
Community legislation (2) should apply in any event to measures of general scope adopted under the new
regulatory procedure with scrutiny.

the general principles of

they consider

In addition,

that

(1) OJ C 321, 31.12.2003, p. 1.
(2) OJ C 73, 17.3.1999, p. 1.