Proposal for a Directive of the European Parliament and of the Council Amending, as regards the implementing powers conferred on the Commission, Council Directive 79/409/EEC on the conservation of wild birds - Adaptation to the regulatory procedure with scrutiny
Date: 2008-02-21
Institutions: European Commission
Subjects: European Commission, bird, drafting of EU law, environmental protection, power of implementation, powers of the institutions (EU), protection of animal life

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.2.2008 
COM(2008) 105 final 

2008/0038 (COD) 

Adaptation to the regulatory procedure with scrutiny 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending, as regards the implementing powers conferred on the Commission, Council 
Directive 79/409/EEC on the conservation of wild birds  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1 

Reform of committee procedures 

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

Article  5a  of  amended  Decision  1999/468/EC  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,  Parliament,  the  Council  and  the  Commission  listed  a  number  of  basic 
instruments that should be adapted to the amended Decision as a matter of urgency in order to 
incorporate  the  new  regulatory  procedure  with  scrutiny  (priority  alignment).  For  the 
regulatory procedure with scrutiny to be applicable to the other instruments adopted under the 
codecision  procedure  and  already  in  force  at  the  time  when  Decision  2006/512/EC  took 
effect, the joint statement also calls for the adaptation of these instruments, in accordance with 
the procedures applicable (general alignment).  

The Commission has undertaken to conduct an examination of all these instruments in order 
to  present,  before  the  end  of  2007,  the  legislative  proposals  intended  to  adapt  them,  where 
necessary, to the new regulatory procedure with scrutiny 4.  

1.3.  Method used 

As  mentioned  in  the  Communication  from  the Commission to the  European Parliament  and 
the Council of 23 November 20075, the Commission conducted a close examination of all the 
instruments adopted under the codecision procedure in order to identify those which empower 
the  Commission  to  adopt  measures  of  a  general  scope  which  seek  to  amend  non-essential 
elements of the basic instrument in question. The Commission has thus been able to identify 
more than 200 instruments requiring adaptation.  

Some of these instruments are included in the Commission's codification programme. This is 
the case for Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds6 
Depending  on  the  stage  reached  in  the  codification  procedure,  these  instruments  will  be 

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OJ C 203, 17.7.1999, p. 1. 
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 report by Parliament).  
COM(2007)740 final. 
OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, 
p. 368). 

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adapted to the new procedure either by conversion of the codified proposal into a recast, or, in 
this case, by means of legislative amendment. 

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  purpose  of  the  adaptation  is  to  incorporate  the  regulatory  procedure  with  scrutiny  as 
structured by Article 5a of amended Decision 1999/468/EC.  

In  particular,  Article  15  shall  be  adjusted  to  the  regulatory  procedure  with  scrutiny  since  it 
provides for adoption of measures that are of general scope and are designed to amend non-
essential elements of Directive 79/409/EEC, inter alia by supplementing it. 

Article 17 shall be amended to introduce a reference to Article 5a of Decision 1999/468/EC.  

As  the  basic  instrument  is  a  directive,  adaptation  must  be  performed  by  means  of  an 
equivalent instrument. 

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2008/0038 (COD) 

Adaptation to the regulatory procedure with scrutiny 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending, as regards the implementing powers conferred on the Commission, Council 
Directive 79/409/EEC on the conservation of wild birds  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 175(1) thereof, 

Having regard to the proposal from the Commission7, 

Having regard to the opinion of the European Economic and Social Committee8, 

Having regard to the opinion of the Committee of the Regions9, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty10, 

Whereas: 

(1) 

(2) 

(3) 

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Council  Directive  79/409/EEC11  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 Commission12. 

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 
Commission13  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 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, 
p. 368).  
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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Treaty  which  are  already  in  force,  those  instruments  must  be  adjusted  in  accordance 
with the applicable procedures.  

(4) 

As  regards  Directive  79/409/EEC,  power  should  be  conferred  on  the  Commission  in 
particular  to  amend  certain  Annexes  in  the  light  of  scientific  and  technical  progress. 
Since  those  measures  are  of  general  scope  and  are  designed  to  amend  non-essential 
elements  of  Directive  79/409/EC  and  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. 

(5) 

Directive 79/409/EEC should therefore be amended accordingly. 

(6) 

Since  the  amendments  to  be  made  to  Directive  79/409/EEC  by  this  Directive  are 
adaptations  which  concern  only  the  committee  procedures,  they  do  not  need  to  be 
transposed by the Member States. It is therefore not necessary to lay down provisions 
to that effect, 

HAVE ADOPTED THIS DIRECTIVE: 

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Article 1 

Directive 79/409/EEC is amended as follows: 

(1) 

Article 15 is replaced by the following: 

"Article 15 

Such  amendments  as  are  necessary  for  adapting  Annexes  I  and  V  to  technical  and 
scientific  progress  and  the  amendments  referred  to  in  the  second  subparagraph  of 
Article  6(4)  shall  be  adopted  by  the  Commission.  Those  measures,  designed  to 
amend non-essential elements of this Directive, shall be adopted in accordance with 
the regulatory procedure with scrutiny referred to in Article 17(2)." 

(2) 

Article 17 is replaced by the following: 

"Article 17 

1.  The  Commission  shall  be  assisted  by  the  Committee  for  the  Adaptation  to 
Technical and Scientific progress. 

2. 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." 

Article 2 

This Directive shall enter into force on […]. 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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