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Document 52014AP0112
P7_TA(2014)0112 Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Articles 290 and 291 TFEU) ***I European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0751 — C7-0386/2013 — 2013/0365(COD)) P7_TC1-COD(2013)0365 Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny
P7_TA(2014)0112 Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Articles 290 and 291 TFEU) ***I European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0751 — C7-0386/2013 — 2013/0365(COD)) P7_TC1-COD(2013)0365 Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny
P7_TA(2014)0112 Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Articles 290 and 291 TFEU) ***I European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0751 — C7-0386/2013 — 2013/0365(COD)) P7_TC1-COD(2013)0365 Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny
IO C 285, 29.8.2017, p. 169–189
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
29.8.2017 |
EN |
Official Journal of the European Union |
C 285/169 |
P7_TA(2014)0112
Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Articles 290 and 291 TFEU) ***I
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0751 — C7-0386/2013 — 2013/0365(COD))
(Ordinary legislative procedure: first reading)
(2017/C 285/29)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2013)0751), |
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having regard to Article 294(2) and Articles 43(2), 53(1), 62, 100(2), 114, 168(4), points (a) and (b), 172, 192(1), 207, 214(3) and 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0386/2013), |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (1), |
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having regard to the opinion of the European Economic and Social Committee of 21 January 2014 (2), |
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after consulting the Committee of the Regions, |
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having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents, |
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having regard to the Framework Agreement on relations between the European Parliament and the European Commission (3), in particular point 15 thereof and Annex 1 thereto, |
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having regard to its resolution of 5 May 2010 on the power of legislative delegation (4), |
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having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers (5), |
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having regard to Rule 55 of its Rules of Procedure, |
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having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Internal Market and Consumer Protection, the Committee on International Trade, the Committee on Industry, Research and Energy, and the Committee on Transport and Tourism (A7-0011/2014), |
A. |
Whereas the Commission committed itself to assessing by the end of 2012 how many legislative acts containing references to the regulatory procedure with scrutiny remained in force, in order to prepare the appropriate legislative initiatives and thus complete the adaptation to the new legal framework; whereas the announced objective was that, by the end of the seventh term of Parliament, all provisions referring to the regulatory procedure with scrutiny would have been removed from all legislative instruments; whereas the Commission has put forward the proposals fulfilling this commitment, albeit much later than expected; |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(1) OJ L 55, 28.2.2011, p. 13.
(2) Not yet published in the Official Journal.
(3) OJ L 304, 20.11.2010, p. 47.
(4) OJ C 81 E, 15.3.2011, p. 6.
(5) Texts adopted, P7_TA(2014)0127.
P7_TC1-COD(2013)0365
Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts 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 Articles 43(2), 53(1), 62, 100(2), 114, 168(4)a, 168(4)b, 172, 192(1), 207, 214(3), 338(1) 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 Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Treaty of Lisbon introduced 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 uniform conditions for implementing legally binding Union acts (implementing acts). |
(2) |
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 (3). |
(3) |
It is necessary to adapt to Article 290 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny and which fulfil the criteria of Article 290(1) TFEU. |
(4) |
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. |
(5) |
It is necessary to adapt to Article 291 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny and which fulfil the criteria of Article 291(2) of the TFEU. |
(6) |
When implementing powers are conferred on the Commission, those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). |
(7) |
As a consequence of the entry into force of the Treaty of Lisbon, it is also necessary to amend a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny by deleting certain measures covered by that procedure. |
(8) |
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. |
(9) |
Since the adaptations and amendments to be made by this Regulation concern only procedures, they do not, in the case of directives, need to be transposed by the Member States, |
HAVE ADOPTED THIS REGULATION:
Article 1
1. Where provisions listed in Annex I to this Regulation provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 2 of this Regulation.
2. Where provisions listed in Annex I provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure provided in Article 3 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 a period of time five years from the date of entry into force of this 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. 1]
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.
By way of derogation from the first subparagraph, the period for objections shall be three months, which shall be extended by three months at the initiative of the European Parliament or of the Council, with regard to delegated acts adopted pursuant to the regulations listed in points 12 (5) , 13 (6) , 14 (7) , 16 (8) and 18 (9) of Section F, and point 21 (10) of Section G, of Annex I. [Am. 2]
6. Where provisions listed in Annex I to this Regulation provide that the time-limit laid down in point (c) of Article 5a(3) of Decision 1999/468/EC is curtailed pursuant to point (b) of Article 5a(5) of that Decision, the periods laid down in paragraph 5 of this Article shall be set at one month.
Article 3
1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.
2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.
Article 4
1. Where provisions listed in Annex II provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt implementing acts in accordance with the examination procedure of Article 5 of Regulation (EU) No 182/2011.
2. Where provisions listed in Annex II provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt immediately applicable implementing acts in accordance with Article 8 in conjunction with Article 5 of Regulation (EU) No 182/2011.
Article 5
Regulation (EC) No 66/2010 of the European Parliament and of the Council, Regulation (EC) No 1221/2009 of the European Parliament and of the Council, Council Directive 97/70/EC (11), Regulation (EC) No 1333/2008 of the European Parliament and the Council, , Directive 2002/46/EC of the European Parliament and the Council [Ams. 61, 62 and 63] and Council Regulation (EC) No 1257/96 (12) are amended as set out in Annex III to this Regulation.
Article 6
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 7
This Regulation shall enter into force on the twentieth 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) Opinion of 21 January 2014 (not yet published in the Official Journal).
(2) Position of the European Parliament of 25 February 2014.
(3) 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).
(4) 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 the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(5) Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93 (OJ L 61, 5.3.2008, p. 6).
(6) Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates (OJ L 171, 29.6.2007, p. 17).
(7) Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination (OJ L 336, 20.12.2007, p. 1).
(8) Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment (OJ L 35, 8.2.2005, p. 23).
(9) Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index (OJ L 69, 13.3.2003, p. 1).
(10) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
(11) Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJ L 34, 9.2.1998, p. 1).
(12) Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1).
ANNEX I
Provisions of legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of delegated acts (1)
A. |
COMMUNICATIONS NETWORKS, CONTENT AND TECHNOLOGY
|
B. |
CLIMATE ACTION
|
C. |
ENERGY
|
D. |
ENTERPRISE AND INDUSTRY
|
E. |
ENVIRONMENT
|
F. |
STATISTICS
|
G. |
INTERNAL MARKET AND SERVICES
|
H. |
MOBILITY AND TRANSPORT
|
I. |
HEALTH AND CONSUMERS
|
(1) For information purposes, provisions referring to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *, provisions referring to the urgency procedure pursuant to Article 3 are indicated in this Annex with ** and provision , provisions referring to the urgency procedure pursuant to Article 3 and to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *** and provisions referred to in the second subparagraph of Article 2(5) are indicated in this Annex with **** . [Am. 3]
ANNEX II
Provisions of legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of implementing acts (1).
A. |
COMMUNICATIONS NETWORKS, CONTENT AND TECHNOLOGY
|
B. |
CLIMATE ACTION
|
C. |
ENTERPRISE AND INDUSTRY
|
D. |
ENVIRONMENT
|
E. |
STATISTICS
|
F. |
INTERNAL MARKET AND SERVICES
|
G. |
MOBILITY AND TRANSPORT
|
H. |
HEALTH AND CONSUMERS
|
(1) For information purposes, provisions referring to the urgency procedure pursuant to Article 8 of Regulation (EU) No 182/2011 are indicated in this Annex with **
ANNEX III
Amendments to Regulation (EC) No 66/2010 of the European Parliament and of the Council, Regulation (EC) No 1221/2009 of the European Parliament and of the Council, Council Directive 97/70/EC, Regulation (EC) No 1333/2008 of the European Parliament and the Council, Directive 2002/46/EC of the European Parliament and the Council and to Council Regulation (EC) No 1257/96 [Am. 61]
A. |
ENVIRONMENT
|
B. |
MOBILITY AND TRANSPORT
|
C. |
HEALTH AND CONSUMERS
|
D. |
HUMANITARIAN AID
|