PURPOSE: to introduce new implementing procedures concerning the protection of species of wild fauna and flora and recast Council Regulation (EC) No 338/97.

LEGISLATIVE ACT: Regulation (EC) No 398/2009 of the European Parliament and of the Council amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, as regards the implementing powers conferred on the Commission

CONTENT: following a first reading agreement with the Parliament, the Council adopted this Regulation which recasts legislation on the protection of species of wild fauna and flora. Implementing powers conferred on the Commission will be exercised in accordance with Council Decision 1999/468/EC as amended by Council Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the codecision procedure. Accordingly, the Commission will adopt certain implementing measures in accordance with the regulatory procedure with scrutiny. This applies particularly to the Commission’s powers to adopt certain measures regulating trade in species of wild fauna and flora, to adopt certain amendments to the Annexes to Regulation (EC) No 338/97 and to adopt additional measures to implement resolutions of the Conference of the Parties to the Convention on international trade in endangered species of wild fauna and flora (CITES), decisions or recommendations of the Standing Committee of the Convention and recommendations of the Convention Secretariat.

On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny are curtailed for the adoption of measures amending the Annexes to Regulation (EC) No 338/97, in order to comply with the deadline for entry into force of amendments to the Appendices to the Convention.

ENTRY INTO FORCE: 10/06/2009.

The European Parliament adopted, under the 1 st reading of the codecision procedure, a legislative resolution approving the proposal for a regulation of the European Parliament and of the Council on amending Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein as regards the implementing powers conferred on the Commission - Adaptation to the regulatory procedure with scrutiny. The report had been tabled for consideration in plenary by Miroslav OUZKY (EPP-ED, CZ) on behalf of the Committee on the Environment, Public Health and Food Safety.

The Committee on the Environment, Public Health and Food Safety adopted a report drafted by Miroslav OUZKY (EPP-ED, CZ) and approved the proposal for a regulation of the European Parliament and of the Council on amending Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein as regards the implementing powers conferred on the Commission - Adaptation to the regulatory procedure with scrutiny.

PURPOSE: to introduce new implementing procedures concerning the protection of species of wild fauna and flora. Adaptation to the regulatory procedure for scrutiny.

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

BACKGROUND: in 2006 rules governing the Commission’s implementing powers were amended by Council Decision 2006/512/EC. This Council Decision introduced a new “regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument that have been adopted in accordance with the co-decision procedure”. This may include deleting some elements, or supplementing the instrument, through the addition of new non-essential elements.

The Commission has examined all instruments adopted by co-decision in a bid to identify those which permit the Commission to adopt measures of a general scope and which are designed to amend “non-essential” elements of the basic instrument in question. Over 200 instruments have been identified.

CONTENT: the purpose of this proposal is to introduce the new regulatory procedure with scrutiny to Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating the trade thereof. This Regulation is currently subject to the Commission’s codification programme and adaptation of the new procedure should take place, depending on how far the codification process has progressed – either by recasting the codified proposal or, as is currently being proposed, by legislative amendment.

Where justified, the adaptation contains provisions concerning time limits normally applicable in the context of the regulatory procedure with scrutiny. On the grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny, will be curtailed for the adoption of measures concerning amendments to Annexes A to D. The Commission also proposes specifying a reference to the regulatory procedure in the comitology provision that have not been aligned to the regulatory procedure with scrutiny.

PURPOSE: to introduce new implementing procedures concerning the protection of species of wild fauna and flora. Adaptation to the regulatory procedure for scrutiny.

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

BACKGROUND: in 2006 rules governing the Commission’s implementing powers were amended by Council Decision 2006/512/EC. This Council Decision introduced a new “regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument that have been adopted in accordance with the co-decision procedure”. This may include deleting some elements, or supplementing the instrument, through the addition of new non-essential elements.

The Commission has examined all instruments adopted by co-decision in a bid to identify those which permit the Commission to adopt measures of a general scope and which are designed to amend “non-essential” elements of the basic instrument in question. Over 200 instruments have been identified.

CONTENT: the purpose of this proposal is to introduce the new regulatory procedure with scrutiny to Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating the trade thereof. This Regulation is currently subject to the Commission’s codification programme and adaptation of the new procedure should take place, depending on how far the codification process has progressed – either by recasting the codified proposal or, as is currently being proposed, by legislative amendment.

Where justified, the adaptation contains provisions concerning time limits normally applicable in the context of the regulatory procedure with scrutiny. On the grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny, will be curtailed for the adoption of measures concerning amendments to Annexes A to D. The Commission also proposes specifying a reference to the regulatory procedure in the comitology provision that have not been aligned to the regulatory procedure with scrutiny.