P8_TA(2019)0411 Adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 TFEU ***I European Parliament legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union (COM(2016)0798 — C8-0525/2016 — 2016/0399(COD)) P8_TC1-COD(2016)0399 Position of the European Parliament adopted at first reading on 17 April 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union (Text with EEA relevance)
Date: 2019-04-17
Institutions: Committee on Legal Affairs, European Parliament
Subjects: European Commission, delegated legislation, powers of the institutions (EU), transfer of competence




C_2021158EN.01083201.xml










30.4.2021   


EN


Official Journal of the European Union


C 158/832






P8_TA(2019)0411
Adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 TFEU ***I
European Parliament legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union (COM(2016)0798 — C8-0525/2016 — 2016/0399(COD))
(Ordinary legislative procedure: first reading)
(2021/C 158/58)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2016)0798),










—


having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0525/2016),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0012/2018),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.








P8_TC1-COD(2016)0399
Position of the European Parliament adopted at first reading on 17 April 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union
(Text with EEA relevance)
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,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:






(1)


The Treaty of Lisbon introduced

substantially modified the legal framework governing the powers conferred on the Commission by the legislator, introducing
 a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts). [Am. 1]











(2)


The measures which may 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 (2).










(3)


Earlier proposals relating to the alignment of legislation referring to the regulatory procedure with scrutiny with the legal framework introduced by the Lisbon Treaty (3) were withdrawn (4) due to the stagnation of the interinstitutional negotiations.










(4)


The European Parliament, the Council and the Commission subsequently agreed on a new framework for delegated acts in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (5) and acknowledged the need to align all existing legislation to the legal framework introduced by the Lisbon Treaty. In particular, they agreed on the need to give high priority to the prompt alignment of all basic acts which still refer to the regulatory procedure with scrutiny. The Commission gave a commitment to prepare a proposal for that alignment by the end of 2016.










(5)


The empowerments in the basic acts which provide for the use of the regulatory procedure with scrutiny fulfil the criteria in Article 290 of the TFEU and should be adapted to that provision.












(5a)






Bundling and presenting empowerments that are not closely linked with each other within a single delegated act of the Commission impedes the exercise of Parliament's right of scrutiny, as it is forced to simply accept or refuse the entire delegated act, which leaves no room to express an opinion on each empowerment individually. [Am. 2]











(6)


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.










(7)


The acts concerned should therefore be amended accordingly.




HAVE ADOPTED THIS REGULATION:

Article 1
The acts listed in the Annex are amended as set out therein.


Article 2
This Regulation shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC.


Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.


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


For the European Parliament


The President




For the Council


The President





(1)  Position of the European Parliament of 17 April 2019.

(2)  Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).

(3)  COM(2013)0451, COM(2013)0452 and COM(2013)0751.

(4)  OJ C 80, 7.2.2015, p. 17.

(5)  OJ L 123, 12.5.2016, p. 1.



ANNEX
1.   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 (1)

In order to update Regulation (EC) No 1206/2001, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annex to that Regulation in order to update the standard forms or to make technical changes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Accordingly, Regulation (EC) No 1206/2001 is amended as follows:






(1)


Article 19 is amended as follows:






(a)


the title is replaced by the following:
‘Manual’;










(b)


paragraph 2 is deleted;














(2)


the following Articles 19a and 19 b are inserted:

‘Article 19a
Delegated acts
The Commission is empowered to adopt delegated acts in accordance with Article 19b amending the Annex in order to update the standard forms or to make technical changes to those forms.";


Article 19b
Exercise of the delegation

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 referred to in Article 19a shall be conferred on the Commission for an indeterminate

a
 period of time

five years
 from the

… [date of
 entry into force of this 
amending
 Regulation]. 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 3]



3.   The delegation of power referred to in Article 19a 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.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (*1).


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


6.   A delegated act adopted pursuant to Article 19a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two

three
 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. [Am. 4]




(*1)  OJ L 123, 12.5.2016, p. 1.’;"
                        










(3)


Article 20 is deleted.




2.   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 (2)

In order to update Regulation (EC) No 805/2004 the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annexes to that Regulation in order to update the standard forms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Accordingly, Regulation (EC) No 805/2004 is amended as follows:






(1)


Article 31 is replaced by the following:

‘Article 31
Amendment of the Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 31a amending the Annexes in order to update the standard forms.’;











(2)


the following Article 31a is inserted:

‘Article 31a
Exercise of the delegation

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 referred to in Article 31 shall be conferred on the Commission for an indeterminate

a
 period of time

five years
 from the

… [date of
 entry into force of this 
amending
 Regulation]. 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 5]



3.   The delegation of power referred to in Article 31 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.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (*2).


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


6.   A delegated act adopted pursuant to Article 31 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two

three
 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. [Am. 6]




(*2)  OJ L 123, 12.5.2016, p. 1.’;"
                        










(3)


Article 32 is deleted.




3.   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 (3)

In order to update Regulation (EC) No 1393/2007 the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Regulation to update the standard forms or to make technical changes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Accordingly, Regulation (EC) No 1393/2007 is amended as follows:






(1)


Article 17 is replaced by the following:

‘Article 17
Amendment of the Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 17a amending Annexes I and II to update the standard forms or to make technical changes to those forms.’;











(2)


the following Article 17a is inserted:

‘Article 17a
Exercise of the delegation

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 referred to in Article 17 shall be conferred on the Commission for an indeterminate

a
 period of time

five years
 from the

… [date of
 entry into force of this 
amending
 Regulation]. 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 7]



3.   The delegation of power referred to in Article 17 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.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (*3).


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


6.   A delegated act adopted pursuant to Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two

three
 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. [Am. 8]




(*3)  OJ L 123, 12.5.2016, p. 1.’;"
                        










(3)


Article 18 is deleted.






(*1)  OJ L 123, 12.5.2016, p. 1.’;

(*2)  OJ L 123, 12.5.2016, p. 1.’;

(*3)  OJ L 123, 12.5.2016, p. 1.’;’


(1)  OJ L 174, 27.6.2001, p. 1.

(2)  OJ L 143, 30.4.2004, p. 15.

(3)  OJ L 324, 10.12.2007, p. 79.