Communication from the Commission to the European Parliament and the Council - Explanatory Memorandum common to the 26 acts to be adapted as a matter of urgency to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers, as amended by Council Decision 2006/512/EC of 17 July 2006 {COM(2006) 901} {COM(2006) 902} {COM(2006) 903} {COM(2006) 904 } {COM(2006) 905 } {COM(2006) 906 } {COM(2006) 907 } {COM(2006) 908} {COM(2006) 909} {COM(2006) 910 } {COM(2006) 911} {COM(2006) 912 } {COM(2006) 913 } {COM(2006) 914 } {COM(2006) 915} {COM(2006) 916} {COM(2006) 917} {COM(2006) 918} {COM(2006) 919} {COM(2006) 920} {COM(2006) 921} {COM(2006) 922} {COM(2006) 923} {COM(2006) 924} {COM(2006) 925} {COM(2006) 926}
Date: 2006-12-22
Institutions: European Commission
Subjects: European Commission, capacity to exercise rights, comitology, institutional reform, interinstitutional relations, legislative-executive relations, power of implementation, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 900 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

EXPLANATORY MEMORANDUM common to the 26 acts to be adapted as a matter of 
urgency to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures 
for the exercise of implementing powers, as amended by Council Decision 2006/512/EC 
of 17 July 2006 

{COM(2006) 901} 
{COM(2006) 902} 
{COM(2006) 903} 
{COM(2006) 904 } 
{COM(2006) 905 } 
{COM(2006) 906 } 
{COM(2006) 907 } 
{COM(2006) 908} 
{COM(2006) 909} 
{COM(2006) 910 } 
{COM(2006) 911} 
{COM(2006) 912 } 
{COM(2006) 913 } 
{COM(2006) 914 } 
{COM(2006) 915} 
{COM(2006) 916} 
{COM(2006) 917} 
{COM(2006) 918} 
{COM(2006) 919} 
{COM(2006) 920} 
{COM(2006) 921} 
{COM(2006) 922} 
{COM(2006) 923} 
{COM(2006) 924} 
{COM(2006) 925} 
{COM(2006) 926} 

EN 

   EN 

 
 
 
  
 
 
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

EXPLANATORY MEMORANDUM common to the 26 acts to be adapted as a matter of 
urgency to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures 
for the exercise of implementing powers, as amended by Council Decision 2006/512/EC 
of 17 July 2006 

(Text with EEA relevance) 

EXPLANATORY MEMORANDUM 

Council Decision 2006/512/EC and the new regulatory procedure with scrutiny 

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise 
of  implementing  powers  conferred  on  the  Commission1,  has  been  amended  by  Council 
Decision 2006/512/EC of 17 July 20062. 

Article 5a of the amended Decision introduces a new regulatory procedure with scrutiny to be 
used  for  measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument,  adopted  under  co-decision,  including  by  deleting  some  of  those  elements  or  by 
supplementing the instrument by the addition of new non-essential elements. 

Joint statement by the European Parliament, the Council and the Commission  

In  a  joint  statement3,  the  three  institutions  agreed  on  a  list  of  basic  instruments  that  should 
urgently  be  adjusted  to  the  amended  Decision,  so  as  to  introduce  the  new  regulatory 
procedure  with  scrutiny,  where  appropriate.  The  Commission  also  indicated  that  it  would 
shortly  submit  proposals  to  introduce  the  regulatory  procedure  with  scrutiny  in  these 
instruments. The Commission has thus screened the basic instruments listed to decide when 
the new procedure should apply. Each case has been  assessed  on  its  own  merits,  notably  in 
view  of  the  nature  of  the  implementing  powers  conferred  on  the  Commission  and  the 
specificity of each policy sector. 

In  the  above-mentioned  joint  statement,  the  three  institutions  further  recognised  that  the 
principles  of  good  legislation  require  that  implementing  powers  be  conferred  on  the 
Commission without time-limit. As a result, the joint statement foresees that the Commission 
will  take  the  opportunity  of  this  priority  alignment  to  repeal  any  provisions  of  these 
instruments  that  provide  for  a  time-limit  on  the  delegation  of  implementing  powers  to  the 
Commission. 

1 
2 
3 

OJ C 203, 17.7.1999, p. 1. 
OJ L 200, 22.7.2006, p. 11. 
OJ C 255, 21.10.2006, p. 1. 

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Complete list of priority acts  

In three cases, the listed co-decision instruments not only modify already existing basic acts 
but also merely refer to comitology provisions which have to be aligned in those acts. In these 
cases, the Commission has therefore proposed to adjust the latter. In particular: 

To  align  Directive  2005/1/EC  of  the  European  Parliament  and  of  the  Council  of  9  March 
2005, the Commission proposes to adjust:  

–  Directive  91/675/EEC  of  19  December  1991  setting  up  a  European  insurance  and 

occupational pensions committee 

–  Directive  92/49/EEC  of  18  June  1992  on  the  coordination  of  laws,  regulations  and 
administrative  provisions  relating  to  direct  insurance  other  than  life  assurance  and 
amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) 

–  Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 

concerning life assurance  

–  Directive  2005/68/EC  of  the  European  Parliament  and  of  the  Council  of  16 November 
2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as 
Directives 98/78/EC and 2002/83/EC 

To align 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,  the 
Commission proposes to adjust:  

–  Directive 2002/83/EC of the European Parliament and of the Council mentioned above. 

To align Directive 2001/107/EC of the European Parliament and of the Council of 21 January 
2002, the Commission proposes to adjust:  

–  Directive  85/611/EEC  on  the  coordination  of  laws,  regulations  and  administrative 
provisions  relating  to  undertakings  for  collective  investment  in  transferable  securities 
(UCITS)  

For  the  sake  of  completeness,  the  list  of  instruments  to  be  aligned  as  a  matter  of  priority  is 
reproduced below:  

(1) 

(2) 

(3) 

(4) 

Directive 2006/49/EC of the European Parliament and the Council of 14 June 2006 on 
the capital adequacy of investment firms and credit institutions 

Directive  2006/48/EC  of  the  European  Parliament  and  the  Council  of  14  June  2006 
relating to the taking up and pursuit of the business of credit institutions 

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 

Regulation 2006/562/EC of the European Parliament and of the Council of 15 March 
2006 establishing a Community Code on the rules governing the movement of persons 
across borders (Schengen Borders Code) 

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(5) 

(6) 

(7) 

(8) 

(9) 

Directive 2005/68/EC of the European Parliament and of the Council of 16 November 
2005  on  reinsurance  and  amending  Council  Directives  73/239/EEC,  92/49/EEC  as 
well as Directives 98/78/EC and 2002/83/EC 

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 financing 

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 

Regulation  2005/396/EC  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 

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 

(10)  Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 
on  markets  in  financial  instruments  amending  Council  Directives  85/611/EEC  and 
93/6/EEC  and  Directive  2000/12/EC  of  the  European  Parliament  and  of  the  Council 
and replacing Council Directive 93/22/EEC 

(11)  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 

(12)  Regulation  2003/1829/EC  of  the  European  Parliament  and  of  the  Council  of  22 

September 2003 on genetically modified food and feed 

(13)  Directive  2003/6/EC  of  the  European  Parliament  and  of  the  Council  of  28  January 

2003 on insider dealing and market manipulation (market abuse) 

(14)  Directive  2002/96/EC  of  the  European  Parliament  and  of  the  Council  of  27  January 

2003 on waste electrical and electronic equipment (WEEE) 

(15)  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 

(16)  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 

(17)  Directive 2002/83/EC of the European Parliament and of the Council of 5 November 

2002 concerning life assurance 

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4 

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(18)  Regulation  2002/1606/EC  of  the  European  Parliament  and  of  the  Council  of  19  July 

2002 on the application of international accounting standards 

(19)  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 

(20)  Directive  2001/18/EC  of  the  European  Parliament  and  of  the  Council  of  12  March 
2001 on the deliberate release into the environment of genetically modified organisms 
and repealing Council Directive 90/220/EEC 

(21)  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 

(22)  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 

2000 on end-of life vehicles 

(23)  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 

(24)  Directive  92/49/EEC  of  18  June  1992  on  the  coordination  of  laws,  regulations  and 
administrative  provisions  relating  to  direct  insurance  other  than  life  assurance  and 
amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) 

(25)  Directive 91/675/EEC of 19 December 1991 setting up an insurance committee 

(26)  Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations 
and  administrative  provisions  relating  to  undertakings  for  collective  investment  in 
transferable securities (UCITS) 

EN 

5 

   EN