PURPOSE: to adapt to the regulatory procedure with scrutiny a number of instruments subject to the co-decision procedure referred to in Article 251 of the Treaty (“Omnibus” Regulation – Part 2).

LEGISLATIVE ACT: Regulation (EC) No 219/2009 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 with regard to the regulatory procedure with scrutiny.

CONTENT: having reached an agreement with the Parliament at first reading, the Council adopted Regulation (EC) No 219/2009, adapting 47 instruments (see Annex) to the regulatory procedure with scrutiny (comitology), introduced by Decision 2006/512/EC and intended for use with measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the codecision procedure, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

The new legislative act confers scrutiny rights on the Council and the Parliament with regard to rules on: (i) humanitarian aid; (ii) enterprise; (iii) environment; (iv) Eurostat; (v) internal market; (vi) health and consumer protection; and (vii) energy and transport.

ENTRY INTO FORCE: 20/04/2009.

The European Parliament adopted, under the 1 st reading of the codecision procedure a legislative resolution amending 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 Two. The report had been tabled for consideration by József SZAJER (EPP-ED, HU) on behalf of the Committee on Legal Affairs. The amendments were the result of a compromise between Parliament and Council, and made changes to some of the instruments in the omnibus text, in order to align better the legislation in question with the regulatory procedure with scrutiny.

The Committee on Legal Affairs adopted a report drafted by József SZAJER (EPP-ED, HU) and made some amendments to 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 Two.

These amendments were suggested by other committees in their opinions, received in form of letters, as well as some amendments relating to the dossiers of the Committee on Environment, Public Health and Food Safety, as proposed in its Opinion. One amendment is of a technical character, aiming at clarification of a reference in one of the directives.

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 2).

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 47 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 2).

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 47 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.