PURPOSE: adaptation to the regulatory procedure with scrutiny (comitology) of number of instruments subject to the procedure laid down in Article 251 (“omnibus” Regulation, part three).

LEGISLATIVE ACT: Regulation (EC) No 1103/2008 of the European Parliament and of the Council adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny. Adaptation to the regulatory procedure with scrutiny - Part Three.

CONTENT: following the agreement reached at 1 st reading with the European Parliament, this Regulation shall amend certain instruments in force which should be adapted to the regulatory procedure with control as laid down by Decision 2006/512/EC.

The Regulation covers 4 legislative instruments to be adapted to the new regulatory procedure with scrutiny in the area of justice and home affairs, taking into account the particular provisions applicable in this area to Denmark, Ireland and the United Kingdom.

The adaptation will encourage quick and efficient examinations by the co-legislators (European Parliament and the Council).

Council decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) was amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the co-decision procedure.

ENTRY INTO FORCE: 04/12/2008.

The European Parliament adopted, by 622 votes to 10 with 12 abstentions, a legislative resolution approving, at 1 st reading of the codecision procedure, the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny – Part Three.

The report had been tabled for consideration in plenary by József SZAJER (EPP-ED, HU) on behalf of the Committee on Legal Affairs.

The Committee on Legal Affairs adopted the report by József SZAJER (EPP-ED, HU) approving unamended, at first reading of the codecision procedure, the proposal for a regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny – Part Three.

PURPOSE: adaptation to the regulatory procedure with scrutiny of a number of instruments subject to the co-decision procedure referred to in Article 251 of the Treaty (“Omnibus” Regulation – Part 3).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Council decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) was amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the co-decision procedure, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

In accordance with the joint statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the co-decision procedure which are already in force, those instruments must be adapted in accordance with the applicable procedures.

The current proposal covers 4 legislative instruments to be adapted to the new regulatory procedure with scrutiny (the list of instruments can be found in the annex of the proposal). The amendments that need to be made to instruments for this purpose concern only the committee procedures and so, in the case of Directives, do not require transposition by the Member States.

PURPOSE: adaptation to the regulatory procedure with scrutiny of a number of instruments subject to the co-decision procedure referred to in Article 251 of the Treaty (“Omnibus” Regulation – Part 3).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Council decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) was amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the co-decision procedure, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

In accordance with the joint statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the co-decision procedure which are already in force, those instruments must be adapted in accordance with the applicable procedures.

The current proposal covers 4 legislative instruments to be adapted to the new regulatory procedure with scrutiny (the list of instruments can be found in the annex of the proposal). The amendments that need to be made to instruments for this purpose concern only the committee procedures and so, in the case of Directives, do not require transposition by the Member States.