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Document 52012DP0199
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))
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))
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))
IO C 261E, 10.9.2013, p. 42–49
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
10.9.2013 |
EN |
Official Journal of the European Union |
CE 261/42 |
Thursday 10 May 2012
Amendment 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,
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having regard to the letter from its President of 9 October 2009, |
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having regard Articles 290 and 291 of the Treaty on the Functioning of the European Union, |
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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), |
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having regard to its resolution of 5 May 2010 on the power of legislative delegation (2), |
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having regard to Rules 211 and 212 of its Rules of Procedure, |
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having regard to the report of the Committee on Constitutional Affairs (A7-0072/2012), |
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Decides to amend its Rules of Procedure as shown below; |
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Points out that the amendments will enter into force on the first day of the next part-session; |
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Instructs its President to forward this decision to the Council and the Commission, for information. |
PRESENT TEXT |
AMENDMENT |
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Amendment 1 |
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Parliament’s Rules of Procedure Rule 87a |
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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:
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. |
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Amendment 2 |
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Parliament’s Rules of Procedure Rule 87a – paragraph 1 a (new) |
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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. |
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The announcement shall be published in the minutes of the sitting together with the name of the committee responsible. |
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Amendment 3 |
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Parliament’s Rules of Procedure Rule 87a – paragraph 1 b (new) |
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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. |
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Amendment 4 |
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Parliament’s Rules of Procedure Rule 87a – paragraph 1 c (new) |
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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. |
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Amendment 5 |
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Parliament’s Rules of Procedure Rule 87a – paragraph 1 d (new) |
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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. |
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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. |
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Amendment 6 |
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Parliament’s Rules of Procedure Rule 87a – paragraph 1 e (new) |
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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:
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Amendment 7 |
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Parliament’s Rules of Procedure Rule 87a – paragraph 1 f (new) |
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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. |
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Amendment 8 |
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Parliament’s Rules of Procedure Rule 87a – paragraph 1 g (new) |
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1g. The President shall inform the Council and Commission of the positions taken under this Rule. |
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Amendment 9 |
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Parliament’s Rules of Procedure Rule 88 – title |
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Implementing measures |
Implementing acts and measures |
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Amendment 10 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 1 |
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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. |
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Amendment 11 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 2 |
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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. |
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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. |
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Amendment 12 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 3 |
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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. |
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Amendment 13 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 4 – introductory wording |
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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 : |
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Amendment 14 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 4 – point a |
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Amendment 15 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 4 – point a a (new) |
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Amendment 16 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 4 – point b |
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Amendment 17 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 4 – point c |
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deleted |
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Amendment 18 |
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Parliament’s Rules of Procedure Rule 88 – paragraph 4 – point c a (new) |
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Amendment 19 |
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Parliament’s Rules of Procedure Rule 88 a – title (new) |
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Rule 88a Consideration under the procedure with associated committees or the procedure with joint committee meetings |
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Amendment 20 |
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Parliament’s Rules of Procedure Rule 88 a – paragraph 1 (new) |
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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:
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Amendment 21 |
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Parliament’s Rules of Procedure Rule 88 a – paragraph 2 (new) |
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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:
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Amendment 22 |
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Parliament’s Rules of Procedure Rule 216 – paragraph 4 |
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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.