7 Comitology
(28246)
5261/07
COM(06) 900
(28247)
5403/07
COM(06) 915
(28248)
5304/07
COM(06) 919
(28249)
5094/07
COM06) 907
(28250)
5115/07
COM(06) 904
(28251)
5158/07
COM(06) 908
(28252)
5185/07
COM(06) 901
(28253)
5186/07
COM(06) 902
(28254)
5187/07
COM(06) 905
(28255)
5188/07
COM(06) 906
(28256)
5189/07
COM(06) 909
(28257)
5190/07
COM(06) 910
(28258)
5191/07
COM(06) 911
(28259)
5192/07
COM(06) 913
(28260)
5193/07
COM(06) 916
(28261)
5194/07
COM(06) 917
(28262)
5195/07
COM(06) 924
(28263)
5196/07
COM(06) 925
(28264)
5197/07
COM(06) 926
(28265)
5207/07
COM(06) 912
(28266)
5220/07
COM(06) 903
(28267)
5221/07
COM(06) 918
(28268)
5224/07
COM(06) 923
(28269)
5247/07
COM(06) 921
(28270)
5248/07
COM(06) 914
(28271)
5249/07
COM(06) 922
(28272)
5250/07
COM(06) 920
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26 Acts to be adapted as a matter of urgency to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers, as amended by Council Decision 2006/512/EC of 17 July 2006
Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use
Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council
Regulation 2006/562/EC of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
Regulation 2005/396/EC of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC
Directive 2006/49/EC of the European Parliament and the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions
Directive 2006/48/EC of the European Parliament and the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions
Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC
Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing
Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC
Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and replacing Council Directive 93/22/EEC
Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC
Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse)
Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council
Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance
Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive)
Directive 91/675/EEC of 19 December 1991 setting up an insurance committee
Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS)
Regulation 2003/1829/EC of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed
Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC
Regulation 2002/1606/EC of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards
Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy
Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE)
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles
Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC
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| Legal base | Council Decision 2006/512/EC amending Council Decision 1999/468/EC provided for the new "regulatory procedure with scrutiny". The legal base of each of the proposals is that which is appropriate to the subject matter. All are co-decision which is a requirement for the regulatory procedure with scrutiny to be used
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| Department | Foreign and Commonwealth Office
|
| Basis of consideration | Explanatory Memorandum of 9 March 2007
|
| Previous Committee Report | None
|
| To be discussed in Council | Not applicable
|
| Committee's assessment | Legally and politically important
|
| Committee's decision | Cleared
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Background
7.1 Council Decision 2006/512/EC of 17 July 2006 created a new
comitology procedure called "regulatory procedure with scrutiny".
The new procedure provides for an enhanced role for the European
Parliament in the comitology process and can be used for measures
of general scope which seek to amend non-essential elements of
a basic instrument, adopted under co-decision.
7.2 Comitology refers to the procedures under which
various committees oversee the Commission's exercise of its implementing
power. These procedures allow the Member States, the Council and
Parliament to exercise a measure of control over the delegation
of powers to the Commission.
7.3 Following adoption of Council Decision 2006/512/EC,
the European Parliament, the Council and the Commission agreed
a joint statement[34]
which set out the basic principles governing the new procedure
including the scope of its application. In the joint statement
the Institutions also agreed a list of measures to be amended
and reintroduced under the new regulatory procedure with scrutiny
procedure. The list consists of 26 proposals all of which
were previously adopted under the co-decision legislative procedure
and are now adjusted to allow for the adoption of future implementing
legislation by the Commission under the new regulatory procedure
with scrutiny.
The documents
7.4 The 26 documents to be adjusted to be brought
forward in accordance with the changes introduced by Council decision
2006/512/EC are those contained in the aforementioned Joint Statement
by the EC institutions. The measures to be adopted are:
a) 5185/07 (COM 2006 901). Directive 2006/49/EC
of the European Parliament and the Council of 14 June 2006 on
the capital adequacy of investment firms and credit institutions.
b) 5186/07 (COM 2006 902). Directive 2006/48/EC
of the European Parliament and the Council of 14 June 2006 relating
to the taking up and pursuit of the business of credit institutions.
c) 5220/07 (COM 2006 903). Directive 2006/43/EC
of the European Parliament and of the Council of 17 May 2006 on
statutory audits of annual accounts and consolidated accounts,
amending Council Directives 78/660/EEC and 83/349/EEC and repealing
Council Directive 84/253/EEC.
d) 5115/07 (COM 2006 904). Regulation
2006/562/EC of the European Parliament and of the Council of 15
March 2006 establishing a Community Code on the rules governing
the movement of persons across borders (Schengen Borders Code).
e) 5187/07 (COM 2006 905). Directive 2005/68/EC
of the European Parliament and of the Council of 16 November 2005
on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC
as well as Directives 98/78/EC and 2002/83/EC.
f) 5188/07 (COM 2006 906). Directive 2005/60/EC
of the European Parliament and of the Council of 26 October 2005
on the prevention of the use of the financial system for the purpose
of money laundering and terrorist financing.
g) 5094/07 (COM 2006 907). Directive 2005/32/EC
of the European Parliament and of the Council of 6 July 2005 establishing
a framework for the setting of ecodesign requirements for energy-using
products and amending Council Directive 92/42/EEC and Directives
96/57/EC and 2000/55/EC of the European Parliament and of the
Council.
h) 5158/07 (COM 2006 908). Regulation
2005/396/EC of the European Parliament and of the Council of 23
February 2005 on maximum residue levels of pesticides in or on
food and feed of plant and animal origin and amending Council
Directive 91/414/EEC.
i) 5189/07 (COM 2006 909). Directive 2004/109/EC
of the European Parliament and of the Council of 15 December 2004
on the harmonisation of transparency requirements in relation
to information about issuers whose securities are admitted to
trading on a regulated market and amending Directive 2001/34/EC.
j) 5190/07 (COM 2006 910). Directive 2004/39/EC
of the European Parliament and of the Council of 21 April 2004
on markets in financial instruments amending Council Directives
85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European
Parliament and of the Council and replacing Council Directive
93/22/EEC.
k) 5191/07 (COM 2006 911). Directive 2003/71/EC
of the European Parliament and of the Council of 4 November 2003
on the prospectus to be published when securities are offered
to the public or admitted to trading and amending Directive 2001/34/EC.
l) 5207/07 (COM 2006 912). Regulation
2003/1829/EC of the European Parliament and of the Council of
22 September 2003 on genetically modified food and feed.
m) 5192/07 (COM 2006 913). Directive 2003/6/EC
of the European Parliament and of the Council of 28 January 2003
on insider dealing and market manipulation (market abuse).
n) 5248/07 (COM 2006 914). Directive 2002/96/EC
of the European Parliament and of the Council of 27 January 2003
on waste electrical and electronic equipment (WEEE).
o) 5403/07 (COM 2006 915). Directive 2002/95/EC
of the European Parliament and of the Council of 27 January 2003
on the restriction of the use of certain hazardous substances
in electrical and electronic equipment.
p) 5193/07 (COM 2006 916). Directive 2002/87/EC
of the European Parliament and of the Council of 16 December 2002
on the supplementary supervision of credit institutions, insurance
undertakings and investment firms in a financial conglomerate
and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC,
92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and
2000/12/EC of the European Parliament and of the Council.
q) 5194/07 (COM 2006 917). Directive 2002/83/EC
of the European Parliament and of the Council of 5 November 2002
concerning life assurance.
r) 5221/07 (COM 2006 918). Regulation
2002/1606/EC of the European Parliament and of the Council of
19 July 2002 on the application of international accounting standards.
s) 5304/07 (COM 2006 919). Directive 2001/83/EC
of the European Parliament and of the Council of 6 November 2001
on the Community code relating to medicinal products for human
use.
t) 5250/07 (COM 2006 920). Directive 2001/18/EC
of the European Parliament and of the Council of 12 March 2001
on the deliberate release into the environment of genetically
modified organisms and repealing Council Directive 90/220/EEC.
u) 5247/07 (COM 2006 921). Directive 2000/60/EC
of the European Parliament and of the Council of 23 October 2000
establishing a framework for Community action in the field of
water policy.
v) 5249/07 (COM 2006 922). Directive 2000/53/EC
of the European Parliament and of the Council of 18 September
2000 on end-of life vehicles.
w) 5224/07 (COM 2006 923). Directive 98/8/EC
of the European Parliament and of the Council of 16 February 1998
concerning the placing of biocidal products on the market.
x) 5195/07 (COM 2006 924). Directive 92/49/EEC
of 18 June 1992 on the coordination of laws, regulations and administrative
provisions relating to direct insurance other than life assurance
and amending Directives 73/239/EEC and 88/357/EEC (third non-life
insurance Directive).
y) 5196/07 (COM 2006 925). Directive 91/675/EEC
of 19 December 1991 setting up an insurance committee.
z) 5197/07 (COM 2006 926). Directive 85/611/EEC
of 20 December 1985 on the coordination of laws, regulations and
administrative provisions relating to undertakings for collective
investment in transferable securities (UCITS).
The Government's view
7.5 In his Explanatory Memorandum of 9 March 2007
common to the twenty-six acts to be reintroduced under the regulatory
procedure with scrutiny the Minister for Europe (Mr Geoff
Hoon) expresses the Government's support for the previously agreed
amendment to the twenty six measures in the following terms:
"The UK welcomed the introduction of the
new 'regulatory procedure with scrutiny'. It is an effective way
of ensuring that the implementation of co-decided legislation
is scrutinised by the European Parliament. The Commission's proposals
are, essentially, a technical exercise moving implementing powers
that amend or supplement the original measure to the new procedure."
Conclusion
7.6 We thank the Minister for his helpful explanation
on the background to the proposed changes. As these do not affect
the substance of the legislative instruments concerned which,
moreover, have already been adopted or come into force, we have
no further questions to the Minister. Accordingly we are happy
to clear the proposals.
34 OJ C255 21.10.06, p.1. Back
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