EP Rules of Procedure, Rule 81: implementing measures

The Committee on Constitutional Affairs adopted, by 19 votes to 1, a report drafted by Monica FRASSONI (Greens/EFA, I) on the on amendment of Rule 81 of Parliament's Rules of Procedure.

The amendment adapts the Rules of Procedure to the Interinstitutional Agreement between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468 EC laying down the procedures for the exercise of implementing powers conferred on the Commission (please see ACI/2008/2002.) The amendment refers to paragraph 16 of the Agreement, which provides that., where the Regulatory procedure with scrutiny applies,  the time-limit for scrutiny by the two branches of the legislature exceptionally starts to run when Parliament receives the final draft implementing measures in the language versions submitted to the members of the comitology- committee and not in all official languages. By virtue of the Council Decision 1999/468, such abbreviations of time-limits are only admissible when they are provided for in the basic act adopted in codecision by Parliament and Council and justified on grounds of efficiency or on imperative grounds of urgency. Where these conditions are not fulfilled, the Chair of the parliamentary committee concerned can object and thus return to the normal procedure.

The amended Rule 81 now provides that the time for scrutiny shall start to run when the draft of measures has been submitted to Parliament in all official languages. Where shorter time limits apply (Article 5a(5)(b) of Decision 1999/468/EC) and, in cases of urgency, (Article 5a(6) of Decision 1999/468/EC), unless the Chair of the parliamentary committee objects, the time for scrutiny shall start to run from the date of receipt by Parliament of the final draft implementing measures in the language versions submitted to the members of the committee established in accordance with Decision 1999/468/EC. Rule 138 shall not apply in this case.