Explanatory Memorandum to COM(2007)777 - Amendment of Regulation (EC) No 2150/2002 on waste statistics, as regards the implementing powers conferred on the Commission - Adaptation to the regulatory procedure with scrutiny - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)777 - Amendment of Regulation (EC) No 2150/2002 on waste statistics, as regards the implementing powers conferred on the ... |
|---|---|
| source | COM(2007)777  |
| date | 06-12-2007 |
1.1 Reform of comitology procedures
Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission i was amended by Council Decision 2006/512/EC of 17 July 2006 i.
Article 5a of Decision 1999/468/EC as amended introduces a new regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.
1.2. Priority alignment and general alignment
In a joint Statement i, the European Parliament, the Council and the Commission set out a list of basic instruments that should be adjusted as a matter of urgency to the amended Decision so as to introduce the new regulatory procedure with scrutiny (priority alignment). For the regulatory procedure with scrutiny to be applicable to instruments adopted by codecision already in force when Decision 2006/512/EC took effect, the Statement also calls for those instruments to be adjusted in accordance with the applicable procedures (general alignment).
The Commission has undertaken to examine all these instruments with a view to submitting, by the end of 2007, the legislative proposals for adapting them, if necessary, to the new regulatory procedure with scrutiny i.
1.3. Method
As mentioned in the Commission's Communication to the European Parliament and the Council of (…), the Commission has carefully examined all the instruments adopted by codecision in order to identify those which permit the Commission to adopt measures of general scope designed to amend non-essential elements of the basic instrument in question. The Commission has identified more than 200 instruments that should be adjusted.
Some of these instruments come under the Commission's codification programme. One of these is Regulation (EC) No 2150/2002 on waste statistics i. Adjustment to the new procedure should take place, depending on how far the codification process has progressed, either by recasting the codified proposal or, as in the present case, by legislative amendment.
The purpose of the adjustment is to introduce the new regulatory procedure with scrutiny, as provided for in Article 5a of Decision 1999/468/EC as amended. In this particular case, Regulation (EC) No 2150/2002 stipulates that the Commission may define the proper quality evaluation criteria and the contents of the quality reports, implement the results of the pilot studies and adapt the contents of the annexes. Since these measures are of general scope and seek to amend non-essential elements of Regulation (EC) No 2150/2002, including by supplementing it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Since the basic instrument is a Regulation, it must be adjusted by means of an equivalent instrument.