Explanatory Memorandum to COM(2008)104 - Amendment of Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein 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(2008)104 - Amendment of Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein as ... |
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| source | COM(2008)104  |
| date | 26-02-2008 |
1.1 Reform of the committee 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, 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 used
As mentioned in the Commission’s Communication to the European Parliament and the Council of 23 November 2007 i, 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 require adaptation.
Some of these instruments come under the Commission’s codification programme: for example, Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein. 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.
The purpose of adaptation is to incorporate the regulatory procedure with scrutiny, as provided for in Article 5a of amended Decision 1999/468/EC.
In particular, the following articles, foreseeing adoption of measures that are of general scope and are designed to amend non-essential elements of Regulation (EC) No 338/97, inter alia by supplementing it, shall be adjusted to the regulatory procedure with scrutiny: Article 4 i, Article 5 i, Article 7(1)(c), Article 7(2)(c), Article 7 i, Article 8 i, Article 9 i, Article 11 i, Article 12 i, Article 19 i, Article 19 i, Article 19 i and Article 19 i.
Where it appears justified particularly in the light of the nature of the measures envisaged, the adaptation shall also contain provisions relating to the curtailment of the time limits normally applicable in the context of the regulatory procedure with scrutiny, in accordance with paragraph 5 of the aforesaid Article 5a.
In particular, on grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of measures, referred to in Article 19 i, that amend Annexes A to D.
It is also necessary to specify a reference to the regulatory procedure referred to in Article 18 i in the comitology provisions that are not to be aligned to the regulatory procedure with scrutiny. This concerns Articles 4 i, 5(7)(b), 7 i, 15(4)(a), 15(4)(c), 15 i, 19 i and 21 i.
Article 18 should be amended to introduce a reference to Article 5a of Decision 1999/468/EC.
Since the basic instrument is a Regulation, it must be adapted by means of an equivalent instrument.