PURPOSE: to repeal certain obsolete Council acts in the field of the common commercial policy.

LEGISLATIVE ACT: Regulation (EU) No 1230/2011 of the European Parliament and of the Council repealing certain obsolete Council acts in the field of the common commercial policy.

CONTENT: the Council adopted a regulation on repealing certain obsolete acts in the field of the common agricultural policy (CAP), following a first-reading agreement with the European Parliament.

A number of regulations relating to the CAP have become obsolete, even though they are formally still in force. The repeal process also concerns other acts which no longer a have real effect (see COD/2010/0367 and COD/2010/0368 ).

It should be noted that this Regulation granting the continuing validity of legal acts that derive from the repealed legal acts.

ENTRY INTO FORCE: 11/12/2011.

The European Parliament adopted by 621 votes to 1, with 3 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council repealing certain obsolete Council acts.

Parliament adopted its position in first reading in accordance with the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between Parliament and Council, who amended the Commission proposal as follows:

Members propose to establish a distinction , in the recitals, between the acts in the area of the Union Common Commercial Policy which were adopted over the last decades and have exhausted all their effects, but remain technically into force, and the measures concerning certain States which have become obsolete following accession to the European Union.

The amendments stipulate that in addition, t he repeal of the acts shall be without prejudice to: (a) the maintenance in force of Union acts adopted on the basis of those acts; and (b) the continuing validity of amendments made by the acts to other acts of Union law that are not repealed by this Regulation.

The Committee on International Trade adopted the report drafted by Vital MOREIRA (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council repealing certain obsolete Council acts.

It recommended that the European Parliament’s position at first reading, under the ordinary legislative procedure, should be to amend the Commission proposal in order to establish more clarity and legal certainty for the European Union's citizens and institutions.

Members propose to establish a distinction, in the recitals, between the acts in the area of the Union Common Commercial Policy which were adopted over the last decades and have exhausted all their effects, but remain technically into force, and the measures concerning certain States which have become obsolete following accession to the European Union.

The repeal of the acts shall be without prejudice to: (a) the maintenance in force of Union acts adopted on the basis of those acts; and (b) the continuing validity of amendments made by the acts to other acts of Union law that are not repealed by this Regulation.

PURPOSE: to repeal certain obsolete Council acts in the field of common commercial policy.

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

LEGAL BASE: Article 207 of the Treaty on the Functioning of the European Union (TFEU).

IMPACT ASSESSMENT: no impact assessment was carried out.

CONTENT: a number of acts which were adopted over the last decades have exhausted all their effects, but remain technically into force. They have become obsolete because of their temporary character or because their content has been taken up by successive acts.

According to the interinstitutional agreement on better law making, acts which have no continued relevance should be removed from the 'acquis communautaire', in order to improve transparency and certainty of Union law.

The Commission has carried out several exercises to remove obsolete legislation from the acquis , partly trough the traditional repeal procedure, partly by declaring the relevant Commission acts obsolete. The Commission also identified a number of Council acts related to the Common Agricultural Policy, but which are based upon Article 207 of the Treaty (former Article 133), which have exhausted all practical effects, but are formally still in force.

It is not within the Commission's powers to declare obsolete acts which were adopted by the Council. In the interest of legal certainty, the Commission suggests that the acts listed in this proposal shall be repealed by the Council and the European Parliament.

This proposal aims to repeal the following Regulations: Regulations (EEC) No 1471/88, (EEC) No 478/92, (EEC) No 3125/92, (EC) No 2184/96, (EC) No 2398/96, (EC) No 1722/1999, (EC) No 2798/1999, (EC) No 215/2000, (EC) No 278/2003, (EC) No 999/2003, (EC) No 1039/2003, (EC) No 1086/2003, (EC) No 1087/2003, (EC) No 1088/2003, (EC) No 1089/2003, (EC) No 1090/2003, (EC) No 1923/2004 and Decisions 98/658/EC, 2004/910/EC, 2007/317/EC.

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.