European Parliament decision on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG))
Date: 2006-12-14
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: European Commission, capacity to exercise rights, comitology, institutional reform, interinstitutional relations (EU), legislative-executive relations, power of implementation, powers of the institutions (EU)

23.12.2006

EN

Official Journal of the European Union

C 317 E/747

P6_TA(2006)0588

Thursday, 14 December 2006

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

Implementing

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 conclu-
sion 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 codeci-
sion 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;

Instructs its President to ensure through arrangements with the other institutions at the administrative

3.
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.

(1) P6_TA(2006)0310.
(2) OJ L 200, 22.7.2006, p. 11.

C 317 E/748

EN

Official Journal of the European Union

23.12.2006

Thursday, 14 December 2006

PRESENT TEXT

AMENDMENTS

Rule 81

Implementing provisions

Amendments 1 and 2

Rule 81

Rule 81

Implementing measures

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.

committee

2. On a proposal
responsible,
from the
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 imple-
menting 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 appro-
priate legislative procedure.

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 coopera-
tion 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.

The chairman of the committee responsible shall set a
2.
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
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.

substitutes.

If

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.

If

the

implementing measures

4.
the
Commission fall under the Regulatory Procedure with Scru-
tiny, paragraph 3 shall not apply and paragraphs 1 and 2
shall be supplemented as follows:

envisaged by

(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 propor-
tionality;

(c) Parliament may oppose the adoption of the draft of
component

measures acting by a majority of
members.

its

(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.