COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 805/2004 as regards the use of the regulatory procedure with scrutiny in order to adapt it to Article 290 of the Treaty on the Functioning of the European Union
Date: 2022-07-11
Institutions: European Commission, Secretariat-General
Subjects: European Commission, delegated legislation, powers of the institutions (EU), transfer of competence

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   EUROPEAN COMMISSION  Brussels, 11.7.2022  COM(2022) 339 final 2016/0399 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 805/2004 as regards the use of the regulatory procedure with scrutiny in order to adapt it to Article 290 of the Treaty on the Functioning of the European Union   
 
 
2016/0399 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council amending Regulation (EC) No 805/2004 as regards the use of the 
regulatory procedure with scrutiny in order to adapt it to Article 290 of the Treaty on 
the Functioning of the European Union 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2016) 798 final – 2016/0399 COD): 

13 March 2017 

Date of the position of the European Parliament, first reading: 

17 April 2019 

Date of adoption of the position of the Council: 

28 June 2022 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The aim of this proposal is to adapt to Article 290 of the Treaty on the Functioning of the EU 
three acts1 in the area of justice that still refer to the regulatory procedure with scrutiny. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The position of the Council as adopted in the first reading fully reflects the agreement reached 
at  technical  level  and  confirmed  in  an  email  of  8 June 2022  between  the  services  of  the 
European  Parliament  and  of  the  Council,  which  was  facilitated  by  the  Commission.  No 
trilogues were deemed necessary. The main points of this agreement include the following: 

– 

The  compromise  text  addresses  the  alignment  only  of  Regulation (EC) 
No 805/2004 of the three acts included in the initial Commission proposal. The 
other  two  acts,  Council  Regulation (EC)  No 1206/20012  and  Regulation (EC) 

1  Two of the three acts have in the meantime been replaced by other acts; see below under point 3. 
2  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, OJ L 174, 27.6.2001, p. 1-24, as replaced by 
Regulation  (EU)  2020/1783  of  the  European  Parliament  and  of  the  Council  of  25 November  2020  on 
cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters 
(taking of evidence) (recast), OJ L 405, 2.12.2020, p. 1-39. 

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– 

– 

– 

– 

No 1393/20073,  have  in  the  meantime  been  repealed  and  therefore  are  not 
included in the final agreed text. 

Recitals 1 and 2 on the changes introduced by the Treaty of Lisbon with regard 
to acts that the Commission may adopt have been aligned with the recitals of 
Regulation (EU) 2019/12434. 

Two recitals have been  proposed to clarify the applicability of the Regulation 
with regard to, respectively, Denmark and Ireland. 

The only  provision  in  Regulation (EC) No 805/2004  that provides for the use 
of the regulatory procedure with scrutiny will be aligned with delegated acts, as 
had been proposed by the Commission. 

The  empowerment  to  adopt  delegated  acts  is  given  to  the  Commission  for 
renewable  periods  of  five  years,  combined  with  an  obligation  for  the 
Commission  to  present  reports,  nine  months  before  the  expiry  of  each  such 
period, on how it has used the empowerment. The Commission had originally 
proposed an indeterminate duration of the empowerment, but the limitation of 
the  duration  is  in  line  with  what  has  been  agreed  for  many  other  aligned 
empowerments, including for the other two files that had been included in the 
Commission proposal and which have been repealed and replaced by other acts 
in the meantime. 

The Commission supports the agreement reached at technical level. 

4. 

CONCLUSION 

The Commission accepts the position taken by the Council. 

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, OJ L 324, 10.12.2007, p. 79-120, as 
replaced  by  Regulation  (EU)  2020/1784  of  the  European  Parliament  and  of  the  Council  of  25 November 
2020  on  the  service  in  the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  or  commercial 
matters (service of documents), OJ L 405, 2.12.2020, p. 40-78. 

4  This Regulation aligns 64 acts, the alignment of which was proposed in COM(2016) 799. 

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