PURPOSE: to reach the conclusion of an agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Decision 2006/512/EC (comitology).
LEGISLATIVE ACT: agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Decision 2006/512/EC.
CONTENT: the agreement between the European Parliament and the Commission follows on from Council Decision 2006/512/EC of 17 July 2006 which amended Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission. The main aspects of the agreement are as follows:
Information to the European Parliament: the European Parliament is to be informed by the Commission on a regular basis of proceedings of committees, in accordance with arrangements which ensure that the transmission system is transparent and efficient and that the information forwarded and the various stages of the procedure are identified. To that end, it is to receive, at the same time as the members of the committees and on the same terms, all the relevant information.
Register: the Commission will establish a register containing all documents forwarded to the European Parliament. The European Parliament will have direct access to this register. The register will enable, in particular: i) a clear identification of the documents covered by the same procedure and of any changes to the implementing measure at each stage of the procedure; ii) an indication of the stage of the procedure and the timetable; iii) a clear distinction between the draft measures received by the European Parliament at the same time as the committee members in accordance with the right to information and the final draft following the committee's opinion that is forwarded to the European Parliament; iv) a clear identification of any modification in comparison to documents already forwarded to the European Parliament.
When, after a transitional period starting from the entry into force of this Agreement, the European Parliament and the Commission conclude that the system is operational and satisfactory, the transmission of documents to the European Parliament shall be made by electronic notification with a link to the register. During the transitional period, the documents will be forwarded to the European Parliament as an attachment to an electronic mail.
Furthermore, the Commission agrees to forward to the European Parliament, for information and at the request of the parliamentary committee responsible, specific draft measures implementing basic instruments which, although not adopted in accordance with the codecision procedure are of particular importance to the European Parliament. These measures shall be entered in the register provided for in paragraph 2 with a notification thereof to the European Parliament. In addition, the European Parliament may request access to minutes of committee meetings.
Confidential documents: confidential documents will be processed in accordance with internal administrative procedures drawn up by each institution with a view to providing all the requisite guarantees.
European Parliament resolutions under Article 8 of Decision 1999/468/EC: the European Parliament may indicate, in a resolution setting out the grounds on which it is based, that draft measures implementing a basic instrument adopted in accordance with the procedure provided for by Article 251 of the Treaty (codecision) would exceed the implementing powers provided for in that basic instrument. The European Parliament is to adopt such resolutions in accordance with its Rules of Procedure; it is to have a period of one month in which to do so, beginning on the date of receipt of the final draft of the implementing measures in the language versions submitted to the members of the committee concerned. It is agreed to establish a shorter time limit on a permanent basis for some types of urgent implementing measures on which a decision must be taken within a shorter period of time in the interests of sound management. Following the adoption by the European Parliament of a resolution, the Member of the Commission responsible is to inform the European Parliament or, where appropriate, the parliamentary committee responsible of the action the Commission intends to take thereon.
Regulatory procedure with scrutiny: where the regulatory procedure with scrutiny applies, and following the vote in the committee, the Commission will inform the European Parliament of the applicable time limits. These time limits will start to run only once the European Parliament has received all language versions. Where shorter time limits apply and in cases of urgency, the time limits shall start to run from the date of receipt by the European Parliament of the final draft implementing measures in the language versions submitted to the members of the committee, unless the Chair of the parliamentary committee objects.
Financial services: the Commission undertakes to: i) ensure that the Commission official chairing a committee meeting informs the European Parliament, at its request, after each meeting, of any discussions concerning draft implementing measures that have been submitted to that committee; ii) give an oral or written reply to any questions regarding discussions concerning draft implementing measures submitted to a committee.
Calendar of parliamentary work: except where shorter time limits apply or in cases of urgency, the Commission will take into account, when transmitting draft implementing measures under this Agreement, the European Parliament's periods of recess (winter, summer and European elections) in order to ensure that Parliament is able to exercise its prerogatives within the time limits laid down in Decision 1999/468/EC and this Agreement.
Cooperation between the European Parliament and the Commission: the two institutions express their readiness to assist each other in order to ensure full cooperation when dealing with specific implementing measures. To this effect, appropriate contacts at administrative level will be established.
Preceding agreements: the Agreement replaces the 2000 Agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC.