Amendment of Rules 87a and 88 European Parliament decision of 10 May 2012 on amendment of Rules 87a and 88 of Parliament’s Rules of Procedure (2009/2195(REG))
Date: 2012-05-10
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: EP delegation, drafting of EU law, legislative procedure, rules of procedure








CE2013261EN.01004201.xml










10.9.2013   


EN


Official Journal of the European Union


CE 261/42





Thursday 10 May 2012Amendment of Rules 87a and 88
P7_TA(2012)0199
European Parliament decision of 10 May 2012 on amendment of Rules 87a and 88 of Parliament’s Rules of Procedure (2009/2195(REG))
2013/C 261 E/09

The European Parliament,






—


having regard to the letter from its President of 9 October 2009,










—


having regard Articles 290 and 291 of the Treaty on the Functioning of the European Union,










—


having regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (1),










—


having regard to its resolution of 5 May 2010 on the power of legislative delegation (2),










—


having regard to Rules 211 and 212 of its Rules of Procedure,










—


having regard to the report of the Committee on Constitutional Affairs (A7-0072/2012),










1.


Decides to amend its Rules of Procedure as shown below;










2.


Points out that the amendments will enter into force on the first day of the next part-session;










3.


Instructs its President to forward this decision to the Council and the Commission, for information.










PRESENT TEXT


AMENDMENT





Amendment 1






Parliament’s Rules of Procedure


Rule 87a







Where a legislative act delegates to the Commission the power to supplement or amend certain non-essential elements of a legislative act, the committee responsible:








—




shall examine any draft delegated act where it is transmitted to Parliament for scrutiny;











—




may submit to Parliament in a motion for a resolution any appropriate proposal in accordance with the provisions of the legislative act.








The provisions of Rule 88(1), (2) and (3) shall apply mutatis mutandis.






1.
   
When the Commission forwards a delegated act to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to appoint a rapporteur to consider one or more delegated acts.







Amendment 2






Parliament’s Rules of Procedure


Rule 87a – paragraph 1 a (new)





 




1a.
   
The President shall announce to Parliament the date on which the act was received in all the official languages and the period during which objections may be raised. The period in question shall commence on that date.






 




The announcement shall be published in the minutes of the sitting together with the name of the committee responsible.







Amendment 3






Parliament’s Rules of Procedure


Rule 87a – paragraph 1 b (new)





 




1b.
   
In accordance with the provisions of the basic legislative act and – if the committee responsible considers it appropriate to do so – after consulting any committees concerned, the committee responsible may table a reasoned motion for a resolution. That motion for a resolution shall state the reasons for Parliament’s objections and may incorporate a request to the Commission to submit a new delegated act which takes account of Parliament’s recommendations.







Amendment 4






Parliament’s Rules of Procedure


Rule 87a – paragraph 1 c (new)





 




1c.
   
If, 10 working days prior to the start of the part-session the Wednesday of which falls before and closest to the day of expiry of the deadline referred to in paragraph 1d, the committee responsible has not tabled a motion for a resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.







Amendment 5






Parliament’s Rules of Procedure


Rule 87a – paragraph 1 d (new)





 




1d.
   
Parliament shall take a decision – by the deadline laid down in the basic legislative act and by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union – on any motion for a resolution tabled.






 




Where the committee responsible considers that it is appropriate to extend the deadline for raising objections to the delegated act in accordance with the basic legislative act, the committee chair shall notify the Council and the Commission, on behalf of Parliament, of that extension.







Amendment 6






Parliament’s Rules of Procedure


Rule 87a – paragraph 1 e (new)





 




1e.
   
If the committee responsible recommends that, prior to the expiry of the deadline set in the basic legislative act, Parliament should declare that it has no objections to the delegated act:








—




it shall inform the Chair of the Conference of Committee Chairs by means of a letter setting out its reasons and table a recommendation to that effect;











—




if no objections are raised at the next meeting of the Conference of Committee Chairs, or, on grounds of urgency, by written procedure, the Chair of that body shall inform the President of Parliament, who shall in turn inform the plenary as soon as possible;











—




if, within 24 hours following the announcement in plenary, a political group or at least 40 Members object to the recommendation, it shall be put to the vote;











—




if, within the same period, no objections are raised, the proposed recommendation shall be deemed to have been approved;











—




the adoption of such a recommendation shall render inadmissible any subsequent proposal objecting to the delegated act.











Amendment 7






Parliament’s Rules of Procedure


Rule 87a – paragraph 1 f (new)





 




1f.
   
The committee responsible may, in accordance with the provisions of the basic legislative act, submit to Parliament a reasoned motion for a resolution revoking, in full or in part, the delegation of powers provided for by that act. Parliament shall take a decision by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union.







Amendment 8






Parliament’s Rules of Procedure


Rule 87a – paragraph 1 g (new)





 




1g.
   
The President shall inform the Council and Commission of the positions taken under this Rule.







Amendment 9






Parliament’s Rules of Procedure


Rule 88 – title






Implementing measures




Implementing
acts and
measures






Amendment 10






Parliament’s Rules of Procedure


Rule 88 – paragraph 1





1.   When the Commission forwards a draft 
of
 implementing 
measures
 to Parliament, the President shall refer 
the draft of measures
 to the committee responsible for the act 
from which the implementing measures derive
. 
If the procedure with associated committees was applied with regard to the basic act, the committee responsible shall invite each of the associated committees to state its views orally or by letter.




1.   When the Commission forwards a draft implementing 
act or measure
 to Parliament, the President shall refer 
it
 to the committee responsible for the 
basic legislative
 act, 
which may decide to appoint a rapporteur to consider one or more draft implementing acts.







Amendment 11






Parliament’s Rules of Procedure


Rule 88 – paragraph 2





2.   The 
Chair of the
 committee responsible 
shall set a deadline for Members to propose that the committee object to the draft of measures
. 
If the committee considers it to be appropriate, it may decide to appoint a rapporteur from among its members or permanent substitutes. If the committee objects to the draft of measures, it shall
 table a motion for a resolution 
opposing the adoption of the draft of measures which may also indicate the changes that should be made to the draft of measures.




2.   The committee responsible 
may
 table a 
reasoned
 motion for a resolution 
stating that a draft implementing act or measure goes beyond the implementing powers provided for in the basic legislative act or is not consistent with Union law in other respects.








If, within the applicable deadline calculated from the date of receipt of the draft of measures, Parliament adopts such a resolution the President shall ask the Commission to withdraw or amend the draft of measures or submit a proposal under the appropriate legislative procedure.




 





Amendment 12






Parliament’s Rules of Procedure


Rule 88 – paragraph 3





3.   
If there is no part-session before the deadline expires, the right of response shall be deemed to have been delegated to the committee responsible. This response shall take the form of a letter from the committee chair to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament.




3.   
The motion for a resolution may incorporate a request to the Commission to withdraw the act, the measure or the draft act or measure, to amend it in keeping with the objections raised by Parliament, or to submit a new legislative proposal. The President shall inform the Council and the Commission of the decision taken.







Amendment 13






Parliament’s Rules of Procedure


Rule 88 – paragraph 4 – introductory wording





4.   If the implementing measures envisaged by the Commission fall under the regulatory procedure with scrutiny, 
paragraph 3 shall not apply and paragraphs 1 and 2 shall be supplemented as follows
:


4.   If the implementing acts envisaged by the Commission fall under the regulatory procedure with scrutiny 
provided for by Council Decision 1999/468/EC laying down procedures for the exercise of the implementing powers conferred on the Commission, the following additional provisions shall apply
:





Amendment 14






Parliament’s Rules of Procedure


Rule 88 – paragraph 4 – point a











(a)


the time for scrutiny shall start to run when the draft of measures has been submitted to Parliament in all the official languages. Where shorter time 
limits apply


(
Article 5a(5)(b) of Council Decision 1999/468/EC 
laying down the procedures for the exercise of implementing powers conferred on the Commission)
 and in cases 
of urgency


(
Article 5a(6) of Decision 1999/468/EC
)
, the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing measures in the language versions submitted to the members of the committee set up in accordance with Decision 1999/468/EC. Rule 146 shall not apply in this case;












(a)


the time for scrutiny shall start to run when the draft of measures has been submitted to Parliament in all the official languages. Where 
the
 shorter time 
limit for scrutiny provided for in
 Article 5a(5)(b) of Council Decision 1999/468/EC 
applies
, and in 
the urgent
 cases 
provided for in
 Article 5a(6) of Decision 1999/468/EC, the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing act in the language versions submitted to the members of the committee set up in accordance with Decision 1999/468/EC. Rule 146 shall not apply in this case;









Amendment 15






Parliament’s Rules of Procedure


Rule 88 – paragraph 4 – point a a (new)





 










(aa)





if the draft implementing measure is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which prescribes curtailed time limits for opposition by Parliament, a motion for a resolution opposing the adoption of the draft measure may be tabled by the chair of the committee responsible if that committee has not been able to meet in the time available.










Amendment 16






Parliament’s Rules of Procedure


Rule 88 – paragraph 4 – point b











(b)


Parliament, acting by a majority of its component Members, may oppose the adoption of the draft 
of measures, justifying its opposition
 by indicating that the draft of measures exceeds the implementing powers provided for in the basic 
instrument
, is not compatible with the aim or the content of the basic 
instrument
 or does not respect the principles of subsidiarity or proportionality;












(b)


Parliament, acting by a majority of its component Members, may oppose the adoption of the draft 
implementing measure
 by indicating that the draft exceeds the implementing powers provided for in the basic 
act
, is not compatible with the aim or the content of the basic 
act
 or does not respect the principles of subsidiarity or proportionality;









Amendment 17






Parliament’s Rules of Procedure


Rule 88 – paragraph 4 – point c













(c)





if the draft of measures is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which prescribes curtailed time limits for opposition by Parliament, a motion for a resolution opposing the adoption of the draft of measures may be tabled by the Chair of the committee responsible if that committee has not been able to meet in the time available.









deleted







Amendment 18






Parliament’s Rules of Procedure


Rule 88 – paragraph 4 – point c a (new)





 










(ca)





if the committee responsible, in response to a duly substantiated request from the Commission, recommends, by means of a letter to the Chair of the Conference of Committee Chairs setting out its reasons, that Parliament should declare that it has no objections to the proposed measure prior to the expiry of the normal time limit laid down in Article 5a(3)(c) and/or Article 5a(4)(e) of Decision 1999/468/EC, the procedure provided for in Rule 87a(1e) shall apply.










Amendment 19






Parliament’s Rules of Procedure


Rule 88 a – title (new)





 



Rule 88a


Consideration under the procedure with associated committees or the procedure with joint committee meetings






Amendment 20






Parliament’s Rules of Procedure


Rule 88 a – paragraph 1 (new)





 




1.
   
If the basic legislative act was adopted by Parliament under the procedure provided for in Rule 50, the following additional provisions shall apply to the consideration of delegated acts and draft implementing acts or measures:








—




the delegated act or draft implementing act or measure shall be forwarded to the committee responsible and the associated committee;











—




the chair of the committee responsible shall set a deadline by which the associated committee may draw up proposals on matters falling within its exclusive competence or the two committees’ joint competence;











—




if the delegated act or draft implementing act or measure falls mainly within the exclusive competence of the associated committee, the latter’s proposals shall be accepted without a vote by the committee responsible; failing that, the President may authorise the associated committee to table a motion for a resolution in plenary.











Amendment 21






Parliament’s Rules of Procedure


Rule 88 a – paragraph 2 (new)





 




2.
   
If the basic legislative act was adopted by Parliament under the procedure provided for in Rule 51, the following additional provisions shall apply to the consideration of delegated acts and draft implementing acts or measures:








—




upon receipt of the delegated act or draft implementing act or measure, the President shall determine which committee is responsible or which committees are jointly responsible for its consideration, in accordance with the criteria laid down in Rule 51 and any agreements reached between the chairs of the committees concerned;











—




if a delegated act or a draft implementing act or measure has been forwarded for consideration under the procedure with joint committee meetings, each committee may request that a joint meeting be convened to consider a motion for a resolution. If the chairs of the committees concerned fail to reach agreement, the joint meeting shall be convened by the Chair of the Conference of Committee Chairs.











Amendment 22






Parliament’s Rules of Procedure


Rule 216 – paragraph 4





4.   The corrigendum shall be announced at the following part-session. It shall be deemed approved unless, not later than 
48 hours
 after its announcement, a request is made by a political group or at least 40 Members that it be put to the vote. If the corrigendum is not approved, it shall be referred back to the committee responsible which may propose an amended corrigendum or close the procedure.


4.   The corrigendum shall be announced at the following part-session. It shall be deemed approved unless, not later than 
24 hours
 after its announcement, a request is made by a political group or at least 40 Members that it be put to the vote. If the corrigendum is not approved, it shall be referred back to the committee responsible which may propose an amended corrigendum or close the procedure.






(1)  OJ L 55, 28.2.2011, p. 13.

(2)  OJ C 81E, 15.3.2011, p. 6.