Explanatory Memorandum to COM(2008)53 - Amendment of Regulation (EC) No 999/2001 as regards the implementing powers conferred on the Commission - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)53 - Amendment of Regulation (EC) No 999/2001 as regards the implementing powers conferred on the Commission. |
|---|---|
| source | COM(2008)53  |
| date | 06-02-2008 |
1.1 Reform of the 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 the amended Decision 1999/468/EC introduced 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 Parliament, the Council and the Commission listed a number of basic instruments that should be adapted to the amended Decision as a matter of urgency in order to incorporate the new regulatory procedure with scrutiny (priority alignment). For the regulatory procedure with scrutiny to be applicable to the other instruments adopted under the codecision procedure and already in force at the time when Decision 2006/512/EC took effect, the joint statement also calls for the adaptation of these instruments, 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, legislative proposals to adapt 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 adapted.
Some of these instruments come under the Commission's codification programme. This is the case for Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies. Adaptation 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.
2. LEGAL ASPECTS OF THE PROPOSAL
The purpose of adaptation is to incorporate the regulatory procedure with scrutiny, as provided for in Article 5a of amended Decision 1999/468/EC.
Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies is intended to provide a single legal framework for transmissible spongiform encephalopathies (TSEs) in the Community.
Regulation (EC) No 1923/2006 of the European Parliament and of the Council amending Regulation (EC) No 999/2001 introduced the regulatory procedure with scrutiny only for certain implementing measures which were concerned by the amendments. Therefore, Regulation (EC) No 999/2001 should be adapted for the remaining implementing powers.
Since the basic instrument is a Regulation, it must be adapted by means of an equivalent instrument.