House of Commons - Documents considered by the Committee on 20 January 2010, including the following recommendations for debate: Enlargement Strategy and Main Challenges 2009-2010, etc

Documents considered by the Committee on 20 January 2010, including the following recommendations for debate: Enlargement Strategy and Main Challenges 2009-2010, etc - European Scrutiny Committee Contents

10 Post-Lisbon changes to ongoing legislative proposals

(31212)

17193/1/09

+ ADDs 2-5

COM(09) 665

Commission Communication: Consequences of the entry into force of the Treaty of Lisbon for ongoing inter-institutional decision making procedures

Legal base —

Document originated 2 December 2009

Deposited in Parliament 11 December 2009

Department Foreign and Commonwealth Office

Basis of consideration EM of 13 January 2010

Previous Committee Report None

To be discussed in Council n/a

Committee's assessment Legally and politically important

Committee's decision Cleared

Background

10.1 The Treaty of Lisbon entered into force on 1 December 2009. It amends the Treaty on European Union and the Treaty establishing the European Community. In addition, the TEC was renamed the Treaty on the Functioning of the European Union (TFEU).

The document

10.2 The European Commission has prepared a Communication entitled Consequences of the entry into force of the Treaty of Lisbon for ongoing inter-institutional decision-making procedures to inform the Council and European Parliament of legislative proposals introduced under the previous treaty regime that need to be adapted to the new post-Lisbon legislative framework.

10.3 The Lisbon Treaty necessitate the following five categories of changes to ongoing legislative proposals:

All pending proposals will have to be renumbered in accordance with the new post-Lisbon Treaty framework. This is very much a technical change with no substantive implications;
The Lisbon Treaty provides for the extension of "ordinary legislative procedure" (formerly known as co-decision) to a number of new areas. It also affects the use and scope of the other legislative procedures which are now known collectively as 'special legislative procedures'. Budgetary matters, i.e. overall spending levels and levels of Member State contributions, will continue to be decided by Member States strictly by unanimity. An approval procedure will be applied to the conclusion of international agreements, whilst otherwise foreign and defence policy will remain largely unaffected by changes in legislative procedure;
In addition to all proposals being renumbered, there are 16 proposals where the Lisbon Treaty entails a change to their legal base that goes beyond a mere change to the numbering (Annex 1). The 16 proposals are set out in the Addendum to this Chapter;
The Communication lists all current ex-Third Pillar Justice and Home Affairs proposals, which are to be withdrawn and to be replaced, for the most part, with new proposals. Those proposals which are most recent will be retabled and will be subject to the normal scrutiny arrangements (Annex 2);
Commission "recommendations" under Article 126(6) (ex Article 104(6) EC) will now be known as Commissions "proposals" (Annex 3). This is also a technical change with no substantive implications.

10.4 The Commission provides an indicative list of ongoing proposals whose procedures have changed under the Lisbon Treaty (Annex 4). Annex 5 provides a list of decision-making procedures.

The Government's view

10.5 The Minister for Europe (Chris Bryant) emphasises the uncontroversial nature of the contents of the Communication and assures us that each of the proposals listed will be subject to the usual scrutiny procedure. In addition he comments as follows:

"There are no new policy implications as the Communication seeks to inform the Council and Parliament of technical procedural and interinstitutional decision-making changes brought about by the Lisbon Treaty. Proposals listed as ongoing in the legislative process have been scrutinised previously. Where proposals lapse and are retabled the normal scrutiny arrangements will apply.

"Scrutiny Committees are aware of moves to the ordinary legislative procedure through their scrutiny of the Lisbon Treaty and engagement in Parliament's decision to approve the EU (Amendment) Act 2008, which implements the Treaty in UK law."

Conclusion

10.6 We thank the Minister for his helpful summary of and brief comments on the Commission Communication. We agree that it contains no suggestions for changes in the law but helpfully sets out the implications of the Treaty changes for ongoing legislative proposals which originated before the Treaty of Lisbon came into force on 1 December 2009. We are happy to clear the document from scrutiny.

ADDENDUM: Annex 1

Following the entry into force of the Lisbon Treaty the Commission has modified with effect from 2 December 2009 the following proposals for legislation to reflect a change in legal base.

1. Proposal for a Council Regulation on the Community patent [based on article 308 EC] [COM(2000) 412):

article 118 TFEU

2. Proposal for a Council Regulation amending Regulation (EC) No 2100/94 as regards the term of office of the President of the Community Plant Variety Office [based on article 308 EC] (COM(2005) 190):

article 118 TFEU

3. Proposal for a European Parliament and Council Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights [based on article 95 EC] (COM(2005) 276):

article 118 TFEU

4. Proposal for a Regulation of the European Parliament and of the council amending, as regards information to the general public on medicinal products for human use subject to medical prescription, Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency [based on article 95 EC] (COM(2008) 662):