Proposal for a Regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny - Part Three - Adaptation to the regulatory procedure with scrutiny
Date: 2007-12-19
Institutions: European Commission
Subjects: EU act, European Commission, capacity to exercise rights, drafting of EU law, interinstitutional relations (EU), power of implementation, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2007 
COM(2007) 822 final 

2007/0282 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

adapting a number of instruments subject to the procedure referred to in Article 251 of 
the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with 
regard to the regulatory procedure with scrutiny 

Adaptation to the regulatory procedure with scrutiny 
Part Three 

(presented by the Commission) 

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2007/0282 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

adapting a number of instruments subject to the procedure referred to in Article 251 of 
the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with 
regard to the regulatory procedure with scrutiny 

Adaptation to the regulatory procedure with scrutiny 
Part Three 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 61(c), 63, first paragraph, point 1(a), and 67 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the European Central Bank3, 

Following consultation of the Committee of the Regions, 

Acting in accordance with the procedure referred to in Article 251 of the Treaty4, 

Whereas: 

(1) 

Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the  procedures  for  the 
exercise  of  implementing  powers  conferred  on  the  Commission5  was  amended  by 
Decision  2006/512/EC,  which  introduced  the  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,  inter  alia  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument by the addition of new non-essential elements. 

1 
2 
3 
4 
5 

OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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(2) 

(3) 

(4) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission6  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  adopted  in  accordance 
with the applicable procedures. 

The United Kingdom and Ireland, which took part in the adoption and application of 
the  instruments  amended  by  this  Regulation,  in  accordance  with  Article  3  of  the 
Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on 
European Union and the Treaty establishing the European Community, are taking part 
in the adoption and application of this Regulation. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community, Denmark does not take part in the adoption of the present Regulation and 
is not bound by it or subject to its application, 

HAVE ADOPTED THIS REGULATION: 

In this Regulation, the term "Member State" shall mean all Member States with the exception 
of Denmark. 

Article 1 

The  instruments  listed  in  the  Annex  are  hereby  adapted,  in  accordance  with  that  Annex,  to 
Decision 1999/468/EC, as amended by Decision 2006/512/EC. 

Article 2 

References  to  provisions  of  the  instruments  listed  in  the  Annex  are  understood  to  be 
references to those provisions as adapted by this Regulation. 

Article 3 

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

Article 4 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaty establishing the European Community. 

6 

OJ C 255, 21.10.2006, p. 1. 

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Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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ANNEX 

1. 

COUNCIL REGULATION (EC) NO 44/2001 OF 22 DECEMBER 2000 ON JURISDICTION 
AND  THE  RECOGNITION  AND  ENFORCEMENT  OF  JUDGEMENTS  IN  CIVIL  AND 
COMMERCIAL MATTERS

7 

As  regards  Regulation  (EC)  No  44/2001,  power  should  in  particular  be  conferred  on  the 
Commission  to  update  or  make  technical  adjustments  to  the  forms  set  out  in  its  Annexes. 
Since those measures are of general scope and are designed to amend non-essential elements 
of  Regulation  (EC)  No  44/2001,  they  must  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny provided for in Article 5(a) of Decision 1999/468/EC. 

Accordingly, Regulation (EC) No 44/2001 is amended as follows: 

(1) 

In Article 74, paragraph 2 is replaced by the following: 

"2.  The updating or technical adjustments of the forms, specimens of which appear 
in  Annexes V  and VI,  shall  be  adopted by  the  Commission. Those  measures, 
designed to amend non-essential elements of this Regulation, shall be adopted 
in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 75(2)." 

(2) 

Article 75 is replaced by the following: 

1. 

The Commission shall be assisted by a committee. 

"Article 75 

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

2. 

COUNCIL  REGULATION  (EC)  NO  1206/2001  OF  28  MAY  2001  ON  COOPERATION 
BETWEEN  THE  COURTS  OF  THE  MEMBER  STATES  IN  THE  TAKING  OF  EVIDENCE  IN 
CIVIL OR COMMERCIAL MATTERS

8 

As regards Council Regulation (EC) No 1206/2001, power should in particular be conferred 
on the Commission to update or make technical amendments to the standard forms set out in 
its Annex. Since those measures are of general scope and are designed to amend non-essential 
elements of Council Regulation (EC) No 1206/2001, they must be adopted in accordance with 
the regulatory procedure with scrutiny provided for in Article 5(a) of Decision 1999/468/EC. 

7 

8 

OJ  L  12,  16.1.2001,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1791/2006  (OJ  L  363, 
20.12.2006, p. 1). 
OJ L 174, 27.6.2001, p.1. 

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Accordingly, Regulation (EC) No 1206/2001 is amended as follows: 

(1) 

In Article 19, paragraph 2 is replaced by the following: 

"2.  The updating or making of technical amendments to the standard forms set out 
in  the  Annex  shall  be  carried  out  by  the  Commission.  Those  measures, 
designed to amend non-essential elements of this Regulation, shall be adopted 
in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 20(2)." 

(2) 

Article 20 is replaced by the following: 

1. 

The Commission shall be assisted by a committee. 

"Article 20 

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

3. 

COUNCIL  REGULATION  (EC)  NO  343/2003  OF  18  FEBRUARY  2003  ESTABLISHING 
THE  CRITERIA  AND  MECHANISMS  FOR  DETERMINING  THE  MEMBER  STATE 
RESPONSIBLE  FOR  EXAMINING  AN  ASYLUM  APPLICATION  LODGED  IN  ONE  OF  THE 
MEMBER STATES BY A THIRD-COUNTRY NATIONAL

9 

As  regards  Regulation  (EC)  No  343/2003,  power  should  in  particular  be  conferred  on  the 
Commission to adopt the conditions and procedures for the implementing of the humanitarian 
clause and to adopt the criteria necessary for carrying out transfers. Since those measures are 
of  general  scope  and  are  designed  to  supplement  Regulation  (EC)  No  343/2003  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. 

Accordingly, Regulation (EC) No 343/2003 is amended as follows: 

(1) 

In Article 15, paragraph 5 is replaced by the following: 

"5.  The conditions and procedures for implementing this Article including, where 
appropriate, conciliation mechanisms for settling differences between Member 
States concerning the need to unite the persons in question, or the place where 
this  should  be  done,  shall  be  adopted  by  the  Commission.  Those  measures, 
designed to amend non-essential elements of this Regulation by supplementing 
it, shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 27(3)." 

(2) 

In Article 19, paragraph 5 is replaced by the following: 

9 

OJ L 50, 25.2.2003, p. 1. 

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"5.  The  Commission  may  adopt  supplementary  rules  on  carrying  out  transfers. 
Those measures, designed to amend non-essential elements of this Regulation 
by  supplementing  it,  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 27(3)." 

(3) 

In Article 20, paragraph 4 is replaced by the following: 

"4.  The  Commission  may  adopt  supplementary  rules  on  carrying  out  transfers. 
Those measures, designed to amend non-essential elements of this Regulation 
by  supplementing  it,  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 27(3)." 

(4) 

In Article 27, paragraph 3 is replaced by the following: 

"3.  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." 

4. 

REGULATION  (EC)  NO  805/2004  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE 
COUNCIL  OF  21  APRIL  2004  CREATING  A  EUROPEAN  ENFORCEMENT  ORDER  FOR 
UNCONTESTED CLAIMS

10 

As regards Regulation (EC) No 805/2004, power should be conferred on the Commission to 
amend the standard forms set out in its Annexes. Since those measures are of general scope 
and  are  designed  to  amend  non-essential  elements  of  Regulation  (EC)  No  805/2004,  they 
must  be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  provided  for  in 
Article 5(a) of Decision 1999/468/EC. 

Accordingly, Regulation (EC) No 805/2004 is amended as follows: 

(1) 

Articles 31 and 32 are replaced by the following: 

"Article 31 

Amendments to the Annexes 

The  Commission  shall  amend  the  standard  forms  in  the  Annexes.  Those  measures, 
designed  to  amend  non-essential  elements  of  this  Regulation,  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 32(2)." 

10 

OJ  L  143,  30.4.2004,  p.  15.  Regulation  as  amended  by  Regulation  (EC)  No  1869/2005  (OJ  L  300, 
17.11.2005, p. 6 and OJ L 321M, 21.11.2006, p. 145. 

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Article 32 

Committee 

1. 

The Commission shall be assisted by the committee provided for by Article 75 
of Regulation (EC) No 44/2001. 

2.  Where reference is made to this paragraph, Article 5(a)(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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