Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2223/96 on the European system of national and regional accounts in the Community as regards the implementing powers conferred on the Commission - Adaptation to the regulatory procedure with scrutiny
Date: 2007-12-06
Institutions: European Commission
Subjects: EU Member State, European Commission, European accounting system, drafting of EU law, exchange of information, power of implementation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.12.2007 
COM(2007) 776 final 

2007/0272 (COD) 

Adaptation to the regulatory procedure with scrutiny 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2223/96 on the European system of national and 
regional accounts in the Community as regards the implementing powers conferred on 
the Commission 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1 

Reform of comitology procedures 

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 Decision 1999/468/EC as amended introduces a new regulatory procedure with 
scrutiny for measures of general scope designed to amend non-essential elements of a basic 
instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, 
including  by  deleting  some  of  those  elements  or  by  supplementing  the  instrument  by  the 
addition of new non-essential elements. 

1.2 

Priority alignment and general alignment 

In a joint Statement3, the European Parliament, the Council and the Commission set out a list 
of basic instruments that should be adjusted as a matter of urgency to the amended Decision 
so  as  to  introduce  the  new  regulatory  procedure  with  scrutiny  (priority  alignment).  For  the 
regulatory  procedure  with  scrutiny  to  be  applicable  to  instruments  adopted  by  codecision 
already  in  force  when  Decision  2006/512/EC  took  effect,  the  Statement  also  calls  for  those 
instruments to be adjusted in accordance with the applicable procedures (general alignment).  

The Commission has undertaken to examine all these instruments with a view to submitting, 
by  the  end  of  2007,  the  legislative  proposals  for  adapting  them,  if  necessary,  to  the  new 
regulatory procedure with scrutiny4. 

1.3  Method 

As  mentioned  in  the  Commission's  Communication  to  the  European  Parliament  and  the 
Council  of  (…),  the  Commission  has  carefully  examined  all  the  instruments  adopted  by 
codecision  in  order  to  identify  those  which  permit  the  Commission  to  adopt  measures  of 
general scope designed to amend non-essential elements of the basic instrument in question. 
The Commission has identified more than 200 instruments that should be adjusted.  

Some of these instruments come under the Commission's codification programme. Examples 
include  Council  Regulation  (EC)  No  2223/96  of  25  June  1996  on  the  European  system  of 
national and regional accounts in the Community5. Adjustment to the new procedure should 
take place, depending on how far the codification process has progressed, either by recasting 
the codified proposal or, as in the present case, by legislative amendment. 

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OJ L 184, 17.7.1999, p.23, amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11) 
OJ L 200, 22.7.2006, p. 11. 
OJ C 255, 21.10.2006, p. 1. 
PE 376.314v01-00 – A6-0236/2006 (Commission declaration annexed to Parliamentary report) 
OJ  L  310,  30.11.1996,  p.  1.  Regulation  last  amended  by  Regulation  (EC)  No  1267/2003  of  the 
European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1) 

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2. 

LEGAL ASPECTS OF THE PROPOSAL 

The purpose of the adjustment is to introduce the new regulatory procedure with scrutiny, as 
provided for in Article 5a of Decision 1999/468/EC as amended.  

In the case in question, under Regulation (EC) No 2223/96 the Commission may amend the 
methodology  of  the  1995  European  system  of  accounts  and  adapt  the  information  required 
from Member States (new tables, countries and/or regions concerned). Since these measures 
of general scope are designed to amend non-essential elements of the Regulation in question 
or  to  supplement  it  by  the  addition  of  new  non-essential  elements,  they  must  be  adopted  in 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 
1999/468/EC.  

Since  the  basic  instrument  is  a  Regulation,  it  musts  be  adjusted  by  means  of  an  equivalent 
instrument.  

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2007/0272 (COD) 

Adaptation to the regulatory procedure with scrutiny 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2223/96 on the European system of national and 
regional accounts in the Community as regards the implementing powers conferred on 
the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
285 (1) thereof, 

Having regard to the proposal from the Commission6, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty7, 

Whereas:  

(1) 

(2) 

(3) 

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Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and 
regional accounts in the Community8 provides that certain measures are to be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission9. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a regulatory procedure with scrutiny for measures of general scope designed to amend 
non-essential elements of a basic instrument adopted in accordance with the procedure 
referred to in Article 251 of the Treaty, including by deleting some of those elements 
or by supplementing the instrument by the addition of new non-essential elements. 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission10  on  Decision  2006/512/EC,  for  this  new  procedure  to  be  applicable  to 
instruments adopted in accordance with the procedure laid down in Article 251 of the 
Treaty  which  are  already  in  force,  those  instruments  must  be  adjusted  in  accordance 
with the applicable procedures.  

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  310,  30.11.1996,  p.  1,  Regulation  as  last  amended  by  Regulation  (EC)  No  1267/2003  of  the 
European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1) 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 
OJ C 255, 21.10.2006, p. 1. 

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(4) 

As  regards  Regulation  (EC)  No  2223/96,  powers  should  be  conferred  on  the 
Commission  in  particular  to  adopt  amendments  to  the  European  system  of  Accounts 
1995 methodology and to decide on changes in the data requested from Member States 
Since  those  measures  are  of  general  scope  and  are  designed  to  amend  non-essential 
elements of Regulation (EC) No 2223/96, they must be adopted in accordance with the 
regulatory  procedure  with  scrutiny  provided  for 
in  Article  5a  of  Decision 
1999/468/EC. 

(5) 

Regulation (EC) No 2223/96 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION 

Article 1 

Regulation (EC) No 2223/96 is amended as follows: 

(1) 

In Article 2, paragraph 2 is replaced by the following: 

"2.  Amendments  to  the  ESA  95  methodology  which  are  intended  to  clarify  and 
improve  its  content  shall  be  adopted  by  the  Commission  provided  that  they  do  not 
change  its  underlying  concepts,  do  not  require  additional  resources  for  their 
implementation  and  do  not  cause  an  increase  in  own  resources.  These  measures 
designed  to  amend  non-essential  elements  of  this  Regulation,  inter  alia,  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 4(2)." 

(2) 

In Article 3(2), the second subparagraph is replaced by the following: 

"Within  the  limits  set  in  Article  2(2),  any  changes  —  new  tables,  countries  and/or 
regions concerned — in the data requested from the Member States shall be adopted 
by  the  Commission.  These  measures  designed  to  amend  non-essential  elements  of 
this Regulation, inter alia, by supplementing it, shall be adopted in accordance with 
the regulatory procedure with scrutiny referred to in Article 4(2)." 

(3) 

Article 4 is replaced by the following: 

"Article 4 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Statistical  Programme  Committee 
(hereinafter referred to as “the Committee”).  

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof." 

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This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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