Parliament's Rules of Procedure
Rule 38 a (new)
(This amendment partly reproduces the wording of Amendment 5 of the draft report (PERule 38a Examination of respect for the principles of subsidiarity and proportionality 1. During the examination of a proposal for a legislative act, Parliament shall pay particular attention to respect for the principles of subsidiarity and proportionality. Except in the cases of urgency referred to in Article 4 of the Protocol on the role of national Parliaments in the European Union, Parliament shall not conclude its first reading before the deadline of eight weeks laid down in Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality has expired. 2. At the request of the committee responsible or on its own initiative, the committee responsible for the matters referred to in paragraph 1 may decide to draw up recommendations on any proposal for a legislative act. 3. If a national Parliament sends to the President a reasoned opinion in accordance with Article 3 of the Protocol on the role of national Parliaments in the European Union and Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality, that document shall be referred to the committee responsible and forwarded for information to the committee responsible for respect of the principle of subsidiarity. When Parliament receives a reasoned opinion after the committee responsible has adopted its report, it shall be distributed to all Members prior to the vote as a session document. The chair of the committee responsible may request that the matter be referred back to the committee. 4. Where reasoned opinions on the non- compliance of a draft legislative act with the principle of subsidiarity represent at least one third of all the votes allocated to the national Parliaments or a quarter in the case of a draft legislative act submitted on the basis of Article 76 of the Treaty on the Functioning of the European Union, Parliament shall not take a decision until the author of the proposal has stated how it intends to proceed. 5. Where, under the ordinary legislative procedure, reasoned opinions on the non- compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national Parliaments, the committee responsible for respect of the principle of subsidiarity, having considered the reasoned opinions by the national Parliaments and the Commission, shall either recommend to Parliament that it reject the proposal on the grounds of infringement of the principle of subsidiarity or submit to Parliament any other recommendation, which may include suggestions for amendment related to the respect of the principle of subsidiarity. The recommendation shall be submitted to Parliament for a debate and vote. If a recommendation to reject the proposal is adopted by a majority of the votes cast in the European Parliament or if a majority of 55% of the Members of the Council has opposed the proposal, the President shall declare that the procedure is closed. Where Parliament does not reject the proposal, the procedure shall continue, taking into account any recommendations approved by Parliament. Or. en 427.153 v01.00 – FDR 786857))