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, with regard to the regulatory procedure with scrutiny - Adaptation to the regulatory procedure with scrutiny - Part Five
Date: 2009-03-30
Institutions: European Commission
Subjects: EU law, European Commission, Eurostat, domestic market, environmental law, motor fuel, powers of the institutions (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.3.2009 
COM(2009) 142 final 

2009/0048 (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, with regard to the regulatory procedure 
with scrutiny 

Adaptation to the regulatory procedure with scrutiny 
Part Five 

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EXPLANATORY MEMORANDUM 

1. 

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  was  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 (hereinafter 'PRAC') 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. 

PRIORITY ALIGNMENT AND GENERAL ALIGNMENT 

2. 
In a joint statement3, the 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  PRAC  (priority  alignment).  The  Commission  presented  all  the  proposals 
regarding  priority  alignment  in  December 2006.  These  were  examined  and  adopted  by  the 
Parliament and the Council4. 

For  the  PRAC  to  be  applicable  to  the  other  instruments  adopted  under  the  codecision 
procedure that were already in force at the time Decision 2006/512/EC came into effect, the 
joint  statement  also  called  for  these  instruments  to  be  adjusted  in  accordance  with  the 
applicable  procedures  (general  alignment).  In  a  statement  not  published  in  the  Official 
Journal5, the Commission has undertaken to examine all these instruments, in order to adapt 
them, if necessary, to the PRAC. 

The  Commission  decided  to  carry  out  the  alignment  by  means  of  proposals  for  'omnibus' 
regulations. Each regulation brings together and amends several dozen instruments. The aim 
of this method is to ensure that alignment is managed in a rational and consistent manner. It 
encourages a more effective and speedier examination by legislators and facilitates consistent 
and horizontal treatment. As the content of the basic instruments is not changed in any way, 
this method makes it possible to concentrate on the legal aspects of the texts. 

Following  a  communication  from  the  Commission  to  the  European  Parliament  and  the 
Council  which  it  adopted  on  23 November 20076,  the  Commission  adopted  the  first  three 
proposals  on  23 November7  and  19 December 20078.  It  adopted  the  last  of  the  proposals  on 
11 February 20089. 

The  purpose  of  the  adjustment  is  to  incorporate  the  PRAC,  as  provided  for  in  Article 5a  of 
Decision 1999/468/EC as amended, into the instruments in force. In this connection, where it 

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5 
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OJ L 184, 17.7.1999, p. 23. 
OJ L 200, 22.7.2006, p. 11. 
OJ C 255, 21.10.2006, p. 1. 
OJ L 76, 19.3.2008, pp. 33-38 and 42-55; OJ L 81, 20.3.2008, pp. 38-72; OJ L 97, 9.4.2008, pp. 60-71. 
PE 376.314v01-00 – A6-0236/2006 (declaration annexed to the Parliament's report). 
COM (2007) 740 final. 
COM (2007) 741 final. 
COM(2007) 822 final and COM(2007) 824 final. 
COM (2008) 71 final. 

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appears  justified  particularly  in  the  light  of  the  nature  of  the  measures  envisaged,  the 
adaptation may contain provisions relating to the extension or curtailment of the time limits 
normally  applicable  in  the  context  of  the  PRAC,  in  accordance  with  paragraph 5  of  the 
abovementioned  Article  5a.  Where  circumstances  so  warrant,  provision  may  be  made  for 
application  of  the  urgent  procedure  in  accordance  with  paragraph 6  of  the  abovementioned 
Article 5a. 

3. 

EUROPEAN PARLIAMENT RESOLUTION 

On 23 September 2008, the European Parliament adopted a resolution with recommendations 
to the Commission on the alignment of legal acts to the new Comitology Decision10. 

In the resolution, the Parliament called on the Commission to present it with new legislative 
proposals to complete the general alignment. To this end, it provided the Commission with a 
list  of  instruments  which  it  deemed  to  require  adaptation  to  the  new  Comitology  Procedure 
but which were not covered by the Commission communication of 23 November 200711. 

4. 

COMMISSION  POSITION  ON  THE  FOLLOW-UP  TO  THE  EUROPEAN  PARLIAMENT 
RESOLUTION 

Before  presenting  its  communication,  the  Commission  had  carefully  examined  all  the 
instruments adopted under the codecision procedure in order to identify those which authorise 
it to adopt measures of general scope designed to amend non-essential elements of the basic 
instrument  in  question.  As  a  result,  the  Commission  was  able  to  draw  up  a  list,  which  it 
recognised could be amended subsequently, of over 200 instruments requiring adaptation. 

The Commission has looked particularly closely at the 14 instruments to which its attention 
was drawn in the Parliament's resolution of 23 September 2008. All provisions in these basic 
instruments  that  delegate  implementing  powers  to  the  Commission  have  been  carefully 
examined.  

4.1.  On  the  basis  of  this  examination,  the  Commission  does  not  deem  it  necessary  to 
present  proposals  for  all  these  basic  instruments.  In  the  Commission's  view,  the  following 
instruments do not require adaptation to the new Comitology Procedure: 

INSTRUMENTS FOR WHICH ALIGNMENT HAS ALREADY BEEN CARRIED OUT OR PROPOSED 

•  Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 on 
action  to  be  taken  against  the  emission  of  gaseous  and  particulate  pollutants  by  engines 
intended 
tractors  and  amending  Council 
Directive 74/150/EEC 

to  power  agricultural  or 

forestry 

This instrument has already been aligned to the PRAC by Article 19 of Directive 2003/37/EC, 
which is one of the  basic  instruments  adapted to the new procedure by the 'Omnibus Part I' 
Regulation  adopted  on  22 October 2008  (see  point 1  of  Section 3.7  of  the  Annex  to 
Regulation (EC) No 1137/2008, OJ L 311 of 21 November 2008).  

Under Article 19 of Directive 2003/37/EC, as amended by 'Omnibus' Part I, the PRAC applies 
to  any  amendment,  for  the  purposes  of  technical  adaptation,  of  the  Directives  specified  in 
Annex II, Section B. Directive 2000/25/EC is one of these Directives. 

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A6-0345/2008. 
See footnote 6. 

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•  Directive  2001/43/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001 
amending  Council  Directive  92/23/EEC  relating  to  tyres  for  motor  vehicles  and  their 
trailers and to their fitting 

•  Directive 2004/3/EC of the European Parliament and of the Council of 11 February 2004 
amending  Council  Directives  70/156/EEC  and  80/1268/EEC  as  regards  the  measurement 
of carbon dioxide emissions and fuel consumption of N1 vehicles 

These  two  directives  became  automatically  subject  to  the  PRAC  as  a  result  of  their  being 
included  in  Annex IV  to  Directive 2007/46/EC  of  5 September 2007  (OJ  L  263  of 
9 October 2007). All amendments to the 'separate directives' in Annex IV to that Directive are 
covered by the PRAC, in accordance with Article 39(2) and (9) of the Directive. It is therefore 
no longer necessary to align these two basic instruments. 

•  Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 
on  the  type-approval  of  motor  vehicles  with  regard  to  their  reusability,  recyclability  and 
recoverability and amending Council Directive 70/156/EEC 

•  Directive  2006/40/EC  of  the  European  Parliament  and  of  the  Council  of  17  May  2006 
relating  to  emissions  from  air-conditioning  systems  in  motor  vehicles  and  amending 
Council Directive 70/156/EEC 

These  two  instruments  also  appear  in  Annex IV  to  Directive 2007/46/EC  as  a  result  of  the 
annex  having  been  amended  by  Commission  Regulation  (EC)  No 1060/2008  of 
7 October 2008. Therefore, any amendments to these two Directives are now covered by the 
PRAC by virtue of the abovementioned Article 39 of Directive 2007/46/EC. It is therefore no 
longer necessary to align them. 

•  Directive  2005/33/EC  of  the  European  Parliament  and  of  the  Council  of  6 July  2005 

amending Directive 1999/32/EC 

Directive 1999/32/EC  is  included  in  the  proposal  for  the  'Omnibus'  Part II  Regulation 
(COM(2007)  824  final).  In  preparing  its  proposal,  the  Commission  took  due  account  of  the 
amendments  to  this  instrument  made  by  Directive 2005/33/EC.  The  Commission  therefore 
considers  that  all  provisions  that  need  to  be  adapted  to  the  PRAC  are  covered  by  its 
'Omnibus II'  proposal  and  that  it  is  not  necessary,  as  regards  this  instrument,  to  present 
another proposal. 

INSTRUMENT NOT COVERED BY CODECISION 

•  Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on 
the  European  Regional  Development  Fund,  the  European  Social  Fund  and  the  Cohesion 
Fund and repealing Regulation (EC) No 1260/1999 

The legal basis for this instrument is not covered by Article 251 of the Treaty; therefore the 
PRAC does not apply. 

INSTRUMENT ADOPTED AFTER ENTRY INTO FORCE OF THE 2006 REFORM 

•  Regulation  (EC)  No 1905/2006  of  the  European  Parliament  and  of  the  Council  of 

18 December 2006 establishing a financing instrument for development cooperation 

This  instrument  was  adopted  after  23 July 2006,  i.e. after  the  entry  into  force  of  the  reform 
establishing  the  PRAC,  and  therefore  does  not  require  any  kind  of  adaptation;  when  it  was 
adopted,  the  European  Parliament  and  the  Council  did  not  consider  that  the  delegation  of 
powers to the Commission was such as to come under the new Comitology Procedure.  

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The Commission is unaware of any factor that would now allow the considered judgment of 
the legislator to be called into question; this instrument contains no provision conferring on 
the Commission the power to adopt general measures liable to amend or supplement it. 

INSTRUMENTS CONTAINING NO PROVISIONS COVERED BY THE PRAC 

•  Directive  2001/46/EC  of  the  European  Parliament  and  of  the  Council  of  23  July  2001 
amending Council Directive 95/53/EC fixing the principles governing the organisation of 
official  inspections  in  the  field  of  animal  nutrition  and  Council  Directives  70/524/EEC, 
96/25/EC and 1999/29/EC on animal nutrition 

This  Directive  amends  the  delegation  of  powers  conferred  on  the  Commission  by 
Directive 95/53/EC.  However,  it  does  not  confer  on  the  Commission  the  power  to  adopt 
general measures liable to amend or supplement the basic instrument. The powers conferred 
on the Commission relate to the adoption of (non-binding) guidelines (Article 4a(3)), taking 
individual measures (Article 15a(1) and (2)) and setting up a system for the rapid exchange of 
information (Article 16c(3)). 

•  Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 
amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements 
for animal by-products 

This Directive amends Directive 92/118/EC and requires the Commission to draw up a list of 
establishments  which  may  supply  products  authorised  for  importation  into  the  Community. 
Including an establishment in this list is an individual measure not covered by the PRAC. 

•  Directive  2004/41/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004 
repealing  certain  Directives  concerning  food  hygiene  and  health  conditions  for  the 
production  and  placing  on  the  market  of  certain  products  of  animal  origin  intended  for 
human  consumption  and  amending  Council  Directives  89/662/EEC  and  92/118/EEC  and 
Council Decision 95/408/EC 

The  Commission  considers  that  this  Directive  neither  contains  nor  amends  the  slightest 
delegation of power and thus that it does not affect the provisions of the amended instruments 
as regards comitology.  

•  Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 
on a regulatory framework for radio spectrum policy in the European Community (Radio 
Spectrum Decision) 

In the Commission's view, the implementing powers conferred on it under this instrument, in 
Article 4(2),  (3),  (4)  and  (6),  are  not  covered  by  the  PRAC.  The  measures  covered  by 
Article 4(2) are purely executive measures and are not general in scope. In the framework of 
Article 4(3),  (4)  and  (6),  the  Commission  can  only  implement  the  provisions  of  the  basic 
instrument; it has no power to amend or supplement them. Therefore, the criteria for applying 
the new procedure are not fulfilled. 

4.2.  On the other hand, the Commission acknowledges, with the European Parliament, that 
the following basic instruments contain a number of provisions which do have to be adapted 
to the PRAC: 

•  Directive  2000/15/EC  of  the  European  Parliament  and  of  the  Council  of  10  April  2000 
amending  Council  Directive  64/432/EEC  on  animal  health  problems  affecting 
intra-Community trade in bovine animals and swine  

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•  Regulation  (EC)  No  1760/2000  of  the  European  Parliament  and  of  the  Council  of 
17 July 2000 establishing a system for the identification and registration of bovine animals 
and  regarding  the  labelling  of  beef  and  beef  products  and  repealing  Council  Regulation 
(EC) No 820/97 

The purpose of the present proposal is to adapt these two basic instruments to the regulatory 
procedure with scrutiny. 

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2009/0048 (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, with regard to the regulatory procedure 
with scrutiny 

Adaptation to the regulatory procedure with scrutiny 
Part Five 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 152 thereof, 
Having regard to the proposal from the Commission12, 
Having regard to the opinion of the European Economic and Social Committee13, 
Following consultation of the Committee of the Regions14, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty15, 

Whereas: 

(1) 

(2) 

(3) 

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Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the 
exercise  of  implementing  powers  conferred  on  the  Commission16  was  amended  by 
Council  Decision  2006/512/EC17,  which  introduced  the  regulatory  procedure  with 
scrutiny  for  the  adoption  of  measures  of  general  scope  designed  to  amend 
non-essential elements of a basic instrument adopted in accordance with the procedure 
laid down 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. 

In  accordance  with  the  statement  by  the  European  Parliament,  the  Council  and  the 
Commission18 on Decision 2006/512/EC, for the regulatory procedure with scrutiny to 
be applicable  to  instruments  adopted in accordance with the procedure referred to in 
Article 251  of  the  Treaty  which  are  already  in  force,  those  instruments  must  be 
adjusted in accordance with the applicable procedures. 

The  amendments  to  be  made  to  instruments  for  this  purpose  concern  only  the 
committee procedures and so, in the case of Directives, do not require transposition by 
the Member States, 

OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ C [...], [...], p. [...]. 
OJ L 184, 17.7.1999, p. 23. 
OJ L 200, 22.7.2006, p. 11. 
OJ C 255, 21.10.2006, p.1. 

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HAVE ADOPTED THIS REGULATION: 

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. 

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

Article 2 

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

Article 3 

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

Done at Strasbourg, […]  

For the European Parliament 
The President 

For the Council 
The President  

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ANNEX  

1. 

Council  Directive  64/432/EEC  of  26  June  1964  on  animal  health  problems 
affecting intra-Community trade in bovine animals and swine19 

As  regards  Council  Directive 64/432/EEC,  the  Commission  should  be  authorised  to  adopt 
rules  on  the  information  that  the  national  computer  databases  are  to  contain  in  respect  of 
porcine animals. Since those measures are of general scope and are designed to amend non-
essential elements of that Directive, they must be adopted in accordance with the regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

Accordingly, Directive 64/432/EEC is amended as follows: 

1. 

In Article 14(3)(C), point (4) shall be replaced by the following: 

'4. 

In order to ensure the operation of the national computer databases concerning 
porcine  animals,  the  Commission  shall  adopt  the  rules  concerning  the 
information  that  the  national  computer  databases  must  contain.  Those 
measures,  designed  to  amend  non-essential  elements  of  this  Directive  by 
supplementing it, shall be adopted in accordance with the regulatory procedure 
with  scrutiny  referred  to  in  Article 17a(2).  The  other  detailed  rules  of 
application, as appropriate, shall be adopted in accordance with the procedure 
laid down in Article 17.' 

2. 

Article 17a(2) and (3) are replaced by the following: 

'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.' 

2. 

Regulation (EC) No 1760/2000 of the European Parliament and of  the Council 
of  17 July 2000  establishing  a  system  for  the  identification  and  registration  of 
bovine  animals  and  regarding  the  labelling  of  beef  and  beef  products  and 
repealing Council Regulation (EC) No 820/9720 

As  regards  Regulation  (EC)  No 1760/2000,  the  Commission  should  be  authorised  to  take 
measures to apply certain provisions in Title I, in particular those concerning the extension of 
maximum  periods,  ear  tags,  passports,  the  register  and  the  minimum  level  of  controls  to  be 
carried  out,  as  well  as  the  transitional  measures  of  general  scope  required  to  facilitate 
application of Title I. Since those measures are of general scope and are designed to amend 
non-essential  elements  of  that  Regulation  by  supplementing  it,  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 1760/2000 is amended as follows: 

1. 

The second subparagraph of Article 4(2) is replaced by the following: 

'However,  at  the  request  of  a  Member  State,  the  Commission  may  determine  the 
circumstances  in  which  Member  States  may  extend  the  maximum  period.  That 
measure,  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 23(4).' 

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OJ 121, 29.7.1964, p. 1977. 
OJ L 204, 11.8.2000, p. 1. 

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2. 

In Article 6(1), the fourth subparagraph is replaced by the following: 

'However,  at  the  request  of  a  Member  State,  the  Commission  may  determine  the 
circumstances  in  which  the  maximum  period  may  be  extended.  That  measure, 
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 23(4).' 

3. 

In Article 7(1), the second indent is replaced by the following: 

'—  once  the  computerised  database  is  fully  operational,  report  to  the  competent 
authority all movements to and from the holding and all births and deaths of animals 
on  the  holding,  along  with  the  dates  of  these  events,  within  a  period  fixed  by  the 
Member State of between three and seven days of the event occurring. However, at 
the request of a Member State, the Commission may determine the circumstances in 
which Member States may extend the maximum period and provide for special rules 
applicable  to  movements  of  bovine  animals  when  put  out  to  summer  grazing  in 
different mountain areas. That measure, 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 23(4).' 

4. 

Article 10 is replaced by the following: 

'Article 10 

1. 

The following measures necessary for the implementation of this Title shall be 
adopted by the Commission : 

(a) 

provisions concerning ear tags; 

(b)  provisions concerning the passport; 

(c) 

provisions concerning the register; 

(d)  minimum level of controls to be carried out; 

These 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 23(4). 

The  transitional  measures  of  a  general  scope  and  designed  to  amend 
non-essential  elements  of  this  Regulation,  including  those  supplementing  it 
with  new  non-essential  elements,  in  particular  further  details  as  regards  the 
requirements  established  by  this  Regulation,  shall  be  adopted  in  accordance 
with the regulatory procedure with scrutiny referred to in Article 23(4). 

The following measures necessary for the implementation of the provisions of 
this  Title  shall  be  adopted  in  accordance  with  the  management  procedure 
referred to in Article 23(2): 

2. 

3. 

(a) 

(b) 

application of administrative sanctions; 

the  transitional  measures  necessary  to  facilitate  the  application  of  this 
Title, other than those referred to in paragraph 2.' 

5. 

Article 23 is amended as follows: 

(a)  Paragraph (1)(a) is replaced by the following: 

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'(a) 

for the implementation of Article 10, by the Management Committee for 
Direct  Payments  referred  to  in  Article 141  of  Council  Regulation  (EC) 
No 73/2009;' 

(b)  Paragraph 4 is replaced by the following: 

'4.  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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