Implementing powers conferred on the Commission, Comitology. Interinstitutional statement

2006/2152(ACI)

The European Parliament adopted a resolution drafted by Richard CORBETT (PES, UK) and endorsed, by an overwhelming majority, the compromise reached with representatives of the Commission and the Council on the comitology procedure. Parliament approved the conclusion of the agreement taking the form of a joint statement annexed to the decision. The new agreement allows MEPs, for the first time, to block implementing decisions taken by the Commission. It also means Parliament will be informed of these decisions in all official languages and extends the time available for Parliamentary scrutiny.

The Decision will introduce into the 1999 Decision on comitology (Decision 1999/468/EC) a new procedure, known as the 'regulatory procedure with scrutiny', which will entitle the European Parliament and the Council to scrutinise 'quasi-legislative' measures implementing an instrument adopted by codecision on an equal footing and to reject such measures.

According to the new procedure, Parliament will be able to block, by an absolute majority of MEPs (i.e. 367 votes are needed for the resolution to pass), quasi-legislative implementing measures under co-decision legislation. If this happens, the Commission cannot enact the measures and has to propose either a new comitology decision or a new legislative act under the co-decision procedure.

The system of transmission of information from the Commission to Parliament has been improved. At present, documents are delivered in one or up to three languages.  The Commission has now agreed to set up a detailed information system on all comitology committees' activities in all Parliaments' official languages. The time limit for MEPs to scrutinise the proposed decisions is increased from one month to three, extendable to four for the most complex issues. The clock will start ticking only when Parliament has received full documentations in all official languages.

This new procedure will apply following its entry into force to the quasi-legislative measures provided for in instruments adopted in accordance with the codecision procedure, including those provided for in instruments to be adopted in future in the financial services field (Lamfalussy instruments). However, for it to be applicable to instruments adopted by codecision which are already in force, those instruments must be adjusted in accordance with the applicable procedures, so as to replace the regulatory procedure laid down in Article 5 of Decision 1999/468/EC by the regulatory procedure with scrutiny, wherever there are measures which fall within its scope.  The European Parliament, the Council and the Commission consider that certain instruments should be adjusted as a matter of urgency. (For a list of the instruments, please see the summary of 28/06/2006.)

The agreement and the associated Joint Declaration must be ratified by all three institutions to come into force.

This resolution is closely linked to the resolution on amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission. (Please see procedure reference CNS/2002/0298.)