Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny
Date: 2013-06-27
Institutions: European Commission
Subjects: delegated regulation, delegation of power, drafting of EU law, interinstitutional cooperation (EU), non-legislative act (EU)

EUROPEAN 
COMMISSION 

Brussels, 27.6.2013  
COM(2013) 452 final 

2013/0220 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

adapting to Article 290 of the Treaty on the Functioning of the European Union a 
number of legal acts in the area of Justice providing for the use of the regulatory 
procedure with scrutiny  

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

In parallel with the proposal for a Regulation of the European Parliament and of the Council 
adapting to Article 290 TFEU a number of legal acts providing for the use of the regulatory 
procedure with scrutiny (RPS) (COM(2013)451), the present proposal concerns the alignment 
of five legislative acts in  the  area of Justice  which  still refer  to the  RPS.  Those  instruments 
need to be aligned by a separate proposal as they were adopted under a legal basis pursuant to 
Title  V  part  III  of  the  TFEU  and  therefore  do  not  bind  all  Member  States,  and  are  thus 
irreconcilable with the legal bases of the other basic acts. 

The  approach  followed  in  this  proposal  is  the  same  as  the  one  followed  in  the  preceding 
proposal. Accordingly, the present framework regulation provides that where legal acts listed 
in the annex provide for the use of Article 5a of the Comitology Decision, the Commission is 
empowered to adopt delegated acts. 

Adaptation to the delegated act regime will not affect pending procedures in which an opinion 
has already been delivered by a committee in accordance with the Comitology Decision. 

Basic  acts  which  are  adapted  to  the  delegated  acts  regime  are  listed  in  the  annex  of  the 
proposal.

EN 

2 

   EN 

2013/0220 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

adapting to Article 290 of the Treaty on the Functioning of the European Union a 
number of legal acts in the area of Justice providing for the use of the regulatory 
procedure with scrutiny  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 81(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Treaty of Lisbon introduced the possibility for the legislator to delegate power to 
the Commission to adopt non-legislative acts of general application to supplement or 
amend certain non-essential elements of a legislative act. 

The measures which can be covered by delegations of powers, as referred to in Article 
290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in 
principle  to  those  covered  by  the  regulatory  procedure  with  scrutiny  established  by 
Article  5a  of  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission3.  

It is necessary to adapt to Article 290 of the TFEU legal acts already in force which 
make use of the regulatory procedure with scrutiny. 

This  Regulation  should  not  affect  pending  procedures  in  which  the  committee  has 
already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC 
before the entry into force of this Regulation. 

(5)  When the Commission prepares delegated acts on the basis of the legal acts adapted by 
this  Regulation,  it  is  of  particular  importance  that  it  carry  out  appropriate 
consultations, including at expert level. The Commission, when preparing and drawing 
up delegated acts, should ensure a simultaneous, timely and appropriate transmission 
of relevant documents to the European Parliament and to the Council. 

(6) 

The United Kingdom and Ireland are bound by the legal acts referred to in the annex 
and therefore take part in the adoption and application of this Regulation. 

1 
2 
3 

OJ C , , p. . 
OJ C , , p. . 
OJ L 184, 17.7.1999, p. 23.  

EN 

3 

   EN 

                                                 
(7) 

In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark 
annexed to the Treaty on the Functioning of the European Union, Denmark does not 
take  part  in  the  adoption  of  this  Regulation,  and  is  not  bound  by  it  or  subject  to  its 
application, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Where  the  legal  acts  listed  in  the  Annex  to  this  Regulation  provide  for  the  use  of  the 
regulatory  procedure  with  scrutiny  referred  to  in  Article  5a(1)  to  (4)  of  Decision 
1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with 
Article 2 of this Regulation. 

Article 2 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions 
laid down in this Article.  

2.  The  power  to  adopt  delegated  acts  shall  be  conferred  on  the  Commission  for  an 
indeterminate period of time. 

3. The delegation of power may be revoked at any time by the European Parliament or by the 
Council. A decision to revoke shall put an end to the delegation of the power specified in that 
decision. It shall take effect the day following the publication of the decision in the Official 
Journal  of  the  European  Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the 
validity of any delegated acts already in force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 
European Parliament and to the Council.  

5.  An  adopted  delegated  act  shall  enter  into  force  only  if  no  objection  has  been  expressed 
either  by  the  European  Parliament  or  the  Council  within  a  period  of  two  months  of 
notification of that act to the European Parliament and the Council or if, before the expiry of 
that  period,  the  European  Parliament  and  the  Council  have  both  informed  the  Commission 
that they will not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council. 

This  Regulation  shall  not  affect  pending  procedures  in  which  a  committee  has  already 
delivered its opinion in accordance with Article 5a of the Decision 1999/468/EC. 

Article 3 

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

Article 4 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  Member  States  in 
accordance with the Treaties. 

EN 

4 

   EN 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President

EN 

5 

   EN 

ANNEX  

Legal  acts  making  reference  to  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article  5a  of  the  Decision  1999/468/EC  which  are  adapted  to  the  regime  of  delegated 
acts. 

1. 

2. 

3. 

4. 

5. 

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 

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 

Regulation  (EC)  No. 1896/2006  of  the  European  Parliament  and  of  the  Council  of 
12 December 2006 creating a European order for payment procedure 

Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 
July 2007 establishing a European Small Claims Procedure 

Regulation  (EC)  No.  1393/2007  of  the  European  Parliament  and  of  the  Council  of 
13 November 2007 on the service in the Member States of judicial and extrajudicial 
documents  in  civil  or  commercial  matters  (service  of  documents),  and  repealing 
Council Regulation (EC) No 1348/2000 

EN 

6 

   EN