PURPOSE: to fix the\nperiod for the eighth election of representatives to the European\nParliament by direct universal suffrage.
\nPROPOSED ACT:\nCouncil Decision.
\nROLE OF THE\nEUROPEAN PARLIAMENT: the Council adopts the act after consulting\nthe European Parliament but without being obliged to follow its\nopinion.
\nBACKGROUND: in\naccordance with the Act concerning the election of the members of\nthe European Parliament by direct universal suffrage of 20\nSeptember 1976 (\"Electoral Act\"), the 2014 elections to the\nEuropean Parliament should take place from 5 to 8 June 2014.
\nNevertheless, the\nElectoral Act stipulates that if it proves impossible to hold the\nelections during that period, the Council acting unanimously shall,\nafter consulting the European Parliament, determine, at least one\nyear before the end of the five-year term, another electoral period\nwhich shall not be more than two months before or one month after\nthe period normally applicable.
\nAt the request of\none delegation, the Working Party on General Affairs has discussed\nduring several meetings the question of the dates of the 2014\nelections to the European Parliament. Following those discussions,\ndelegations have agreed, pending the consultation of the European\nParliament, to depart from the normally applicable dates and to\nhold the next European Parliament elections in the period from 22\nto 25 May 2014.
\nCONTENT: the draft\nCouncil Decision fixes the period for the eighth election of\nrepresentatives to the European Parliament by direct universal\nsuffrage from 22 to 25 May 2014.
\nPURPOSE: to fix the\nperiod for the eighth election of representatives to the European\nParliament by direct universal suffrage.
\nPROPOSED ACT:\nCouncil Decision.
\nROLE OF THE\nEUROPEAN PARLIAMENT: the Council adopts the act after consulting\nthe European Parliament but without being obliged to follow its\nopinion.
\nBACKGROUND: in\naccordance with the Act concerning the election of the members of\nthe European Parliament by direct universal suffrage of 20\nSeptember 1976 (\"Electoral Act\"), the 2014 elections to the\nEuropean Parliament should take place from 5 to 8 June 2014.
\nNevertheless, the\nElectoral Act stipulates that if it proves impossible to hold the\nelections during that period, the Council acting unanimously shall,\nafter consulting the European Parliament, determine, at least one\nyear before the end of the five-year term, another electoral period\nwhich shall not be more than two months before or one month after\nthe period normally applicable.
\nAt the request of\none delegation, the Working Party on General Affairs has discussed\nduring several meetings the question of the dates of the 2014\nelections to the European Parliament. Following those discussions,\ndelegations have agreed, pending the consultation of the European\nParliament, to depart from the normally applicable dates and to\nhold the next European Parliament elections in the period from 22\nto 25 May 2014.
\nCONTENT: the draft\nCouncil Decision fixes the period for the eighth election of\nrepresentatives to the European Parliament by direct universal\nsuffrage from 22 to 25 May 2014.
\nThe Committee on Constitutional Affairs adopted the\nreport by Carlo CASINI (EPP, IT) on the draft Council decision\nfixing the period for the eighth election of representatives to the\nEuropean Parliament by direct universal suffrage.
\nTo recall, this report was drawn up in response to a\nrequest for consultation from the Council on a draft decision\nseeking to modify the period during which the forthcoming European\nelections would ordinarily have been held. Under Article 11(2) of\nthe Act concerning the election of the members of the European\nParliament by direct universal suffrage (the ‘Electoral\nAct’), this period would have been Thursday 5 to Sunday 8 June\n2014, by analogy with the dates on which the first elections by\ndirect universal suffrage were held (Thursday 9 to Sunday 12 June\n1979).
\nGiven that, in most Member States, the dates on which\nthe elections would ordinarily have been held would have coincided\nwith the Whitsun bank holiday weekend, the Council took the view\nthat it would be preferable to bring them forward, and proposed\nthat the electoral period should run between Thursday 22 and\nSunday 25 May 2014.
\nPURPOSE: to fix the\nperiod for the eighth election of representatives to the European\nParliament by direct universal suffrage.
\nPROPOSED ACT:\nCouncil Decision.
\nROLE OF THE\nEUROPEAN PARLIAMENT: the Council adopts the act after consulting\nthe European Parliament but without being obliged to follow its\nopinion.
\nBACKGROUND: in\naccordance with the Act concerning the election of the members of\nthe European Parliament by direct universal suffrage of 20\nSeptember 1976 (\"Electoral Act\"), the 2014 elections to the\nEuropean Parliament should take place from 5 to 8 June 2014.
\nNevertheless, the\nElectoral Act stipulates that if it proves impossible to hold the\nelections during that period, the Council acting unanimously shall,\nafter consulting the European Parliament, determine, at least one\nyear before the end of the five-year term, another electoral period\nwhich shall not be more than two months before or one month after\nthe period normally applicable.
\nAt the request of\none delegation, the Working Party on General Affairs has discussed\nduring several meetings the question of the dates of the 2014\nelections to the European Parliament. Following those discussions,\ndelegations have agreed, pending the consultation of the European\nParliament, to depart from the normally applicable dates and to\nhold the next European Parliament elections in the period from 22\nto 25 May 2014.
\nCONTENT: the draft\nCouncil Decision fixes the period for the eighth election of\nrepresentatives to the European Parliament by direct universal\nsuffrage from 22 to 25 May 2014.
\nPURPOSE: to fix the\nperiod for the eighth election of representatives to the European\nParliament by direct universal suffrage.
\nPROPOSED ACT:\nCouncil Decision.
\nROLE OF THE\nEUROPEAN PARLIAMENT: the Council adopts the act after consulting\nthe European Parliament but without being obliged to follow its\nopinion.
\nBACKGROUND: in\naccordance with the Act concerning the election of the members of\nthe European Parliament by direct universal suffrage of 20\nSeptember 1976 (\"Electoral Act\"), the 2014 elections to the\nEuropean Parliament should take place from 5 to 8 June 2014.
\nNevertheless, the\nElectoral Act stipulates that if it proves impossible to hold the\nelections during that period, the Council acting unanimously shall,\nafter consulting the European Parliament, determine, at least one\nyear before the end of the five-year term, another electoral period\nwhich shall not be more than two months before or one month after\nthe period normally applicable.
\nAt the request of\none delegation, the Working Party on General Affairs has discussed\nduring several meetings the question of the dates of the 2014\nelections to the European Parliament. Following those discussions,\ndelegations have agreed, pending the consultation of the European\nParliament, to depart from the normally applicable dates and to\nhold the next European Parliament elections in the period from 22\nto 25 May 2014.
\nCONTENT: the draft\nCouncil Decision fixes the period for the eighth election of\nrepresentatives to the European Parliament by direct universal\nsuffrage from 22 to 25 May 2014.
\nThe Committee on Constitutional Affairs adopted the\nreport by Carlo CASINI (EPP, IT) on the draft Council decision\nfixing the period for the eighth election of representatives to the\nEuropean Parliament by direct universal suffrage.
\nTo recall, this report was drawn up in response to a\nrequest for consultation from the Council on a draft decision\nseeking to modify the period during which the forthcoming European\nelections would ordinarily have been held. Under Article 11(2) of\nthe Act concerning the election of the members of the European\nParliament by direct universal suffrage (the ‘Electoral\nAct’), this period would have been Thursday 5 to Sunday 8 June\n2014, by analogy with the dates on which the first elections by\ndirect universal suffrage were held (Thursday 9 to Sunday 12 June\n1979).
\nGiven that, in most Member States, the dates on which\nthe elections would ordinarily have been held would have coincided\nwith the Whitsun bank holiday weekend, the Council took the view\nthat it would be preferable to bring them forward, and proposed\nthat the electoral period should run between Thursday 22 and\nSunday 25 May 2014.
\nThe Committee on Constitutional Affairs adopted the\nreport by Carlo CASINI (EPP, IT) on the amendment of Rule 15(2) of\nParliament’s Rules of Procedure on the order of precedence of\nVice-Presidents elected by acclamation.
\nAt present, the Rules of Procedure state that where\nVice-Presidents are not elected by secret ballot, the order in\nwhich their names are read out to the House by the President shall\ndetermine the order of precedence.
\nThe committee proposes that where they are elected\nby acclamation, a secret ballot shall be held to determine the\norder of precedence.
\nThe Committee on Constitutional Affairs adopted the\nreport by Carlo CASINI (EPP, IT) on the amendment of Rule 15(2) of\nParliament’s Rules of Procedure on the order of precedence of\nVice-Presidents elected by acclamation.
\nAt present, the Rules of Procedure state that where\nVice-Presidents are not elected by secret ballot, the order in\nwhich their names are read out to the House by the President shall\ndetermine the order of precedence.
\nThe committee proposes that where they are elected\nby acclamation, a secret ballot shall be held to determine the\norder of precedence.
\n\nPURPOSE: to provide a legal and financial basis for the continued\ndeposit of the historical archives of the institutions of the EU at\nthe European University Institute in Florence (EUI).
\n\nPROPOSED ACT: Council Regulation.
\n\nBACKGROUND: Council\nRegulation (EEC, Euratom) No 354/83 as amended by Council\nRegulation No 1700/2003 requires the EU institutions, as defined in\nthat Regulation, to establish historical archives and to open them\nto the public once they are 30 years old. It enables each\ninstitution to hold its historical archives in whatever place it\nconsiders most appropriate.
\nIn\n1984, the European Parliament, the Council and the Commission\nagreed to deposit their historical archives at the European\nUniversity Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe\npurpose of depositing the historical archives of the institutions\nat the EUI is to provide access to the archives from a single\nlocation, to promote their consultation and to stimulate research\ninto the history of European integration and the European\ninstitutions.
\nThe\nItalian government makes available to the EUI, permanently and free\nof charge, suitable premises to house the archives. This ensures\nthat the archives deposited are preserved and protected in\naccordance with recognised international standards.
\nThe\n1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal\nand financial basis for the partnership with the EUI, which\nreflects the role of the EUI as a partner of the institutions in\nthe management of their historical archives.
\n\nIMPACT ASSESSMENT: no impact assessment was undertaken. The\ninterested parties have been consulted. The EUI and Italy, as host\ninstitution and host government, have both given their support for\nthe proposal.
\nLEGAL\nBASIS: Article 352 of the Treaty on the Functioning of the European\nUnion.
\n\nCONTENT: the proposal provides for the deposit of the historical\narchives by the institutions at the European University Institute\nin Florence, Italy, where they will be made available to the public\nby the EUI.
\nThe\nproposal will not affect the purpose of Regulation No (EEC/Euratom)\n354/83, i.e. the opening of the archives of the institutions after\n30 years. It simply determines that they will be deposited at the\nEUI once the institutions concerned have opened them to the public\nin accordance with the existing Regulation. This formally\nrecognises the existing situation, as most institutions that have\nopened their archives already deposit these at the EUI.
\n\nThe Florence Institute: the EUI is a renowned\ncentre of academic research and learning with a focus on Europe and\nEuropean integration. It provides state of the art repository and\nresearch facilities built expressly for their preservation and\nconsultation, and has an international reputation as the centre for\nthese archives.
\n\nEU institutions to whom the obligation applies:\nall the institutions with the exception of the European Court of\nJustice and the European Central Bank will in future deposit their\nhistorical archives at the EUI once these archives have been opened\nto the public under the existing Regulation. The European Court of\nJustice and the European Central Bank have asked to be excluded\nfrom the obligation to deposit their historical archives at the\nEUI. However, they do not rule out doing so in future on a\nvoluntary basis. This is due to the nature of their activities and\nreflects current practice in many Member States for the historical\narchives of similar bodies.
\n\nOwnership: the proposal will not affect the\nownership of the historical archives, which will remain with the\ndepositing institutions, nor will it affect the existing rules\nunder which the institutions decide which documents to open to the\npublic after 30 years.
\n\nPaper and digital archives: the proposal\ndistinguishes between the deposit of paper and digital archives.\nPaper archives will continue to be physically deposited at, and\npreserved by, the EUI. However, the EUI will not need to preserve\nthe digital archives for the purpose of providing access to these\narchives. The long-term preservation of digital archives will\nremain the responsibility of the originating institutions.
\n\nPersonal data: the proposal clarifies the\nresponsibilities of the EUI for the protection of personal data\ncontained in the historical archives of the institutions. It also\nprovides that each institution shall adopt implementing rules for\nthe application of Regulation No (EC) 354/83 that include rules for\nthe preservation, opening to the public and protection of personal\ndata in the historical archives.
\n\nBUDGETARY IMPLICATIONS: the management of the institutions'\narchives in Florence has been funded from the EU budget since the\narchives were first deposited at the EUI more than a quarter of a\ncentury ago. The Legislative Financial Statement provides for\ncontinuation of this funding.
\nThe\ntotal amount in respect of administrative expenditure is\nEUR 16.170 million from 2013 to 2019 inclusive.\nThe operational and staff costs incurred by the EUI to manage the\nhistorical archives will be funded from the general budget of the\nEU, excluding any costs related to the provision and equipping of\nthe building(s) and repositories to house the archives and its\nstaff.
\nThe costs shall\nbe shared by the depositing institutions in relation to the work\ndone by the EUI for their respective archives (i.e. on a\nproportional basis).
\n\nOPINION OF THE EUROPEAN DATA PROTECTION\nSUPERVISOR
\non the Commission proposal for a Council Regulation\namending Regulation (EEC, Euratom) No 354/83,
\nas regards the deposit of the historical archives of\nthe institutions at the European University Institute in\nFlorence.
\nBefore the adoption of the proposal, the EDPS was\ngiven the possibility to provide informal comments. Many of\nthese comments have been taken into account in the proposal. As a result, the data protection safeguards in the\nproposal have been strengthened as regards:
\nThe EDPS considers that it is important that European\ninstitutions and bodies have clear policies of what personal\ndata should or should not go to the historical archives, and\nhow to safeguard those personal data that will be preserved and\nmade publicly available via the historical archives. For the\nmoment, although document management, data retention and archiving\npolicies exist at many European institutions and bodies [for\nexample, the Common Conservation List (‘CCL’), an\ninternal administrative document issued by the Commission], these\npolicies provide only limited guidance on data protection.\nIn addition, it is to be noted that the existing policies are\nformulated in internal documents, rather than in a legislative\ninstrument adopted by Council and Parliament.
\nThe EDPS, in this Opinion, suggests a few targeted\nchanges that can be included on the occasion of the current,\nmore limited review of the Archives Regulation. Additionally, he\nhighlights the need for adoption of specific measures, including\nadequate implementing rules, to ensure that data protection\nconcerns are effectively addressed in the context of legitimate\nrecord keeping for historical purposes.
\nTo address remaining data protection concerns, the\nEDPS recommends that the proposed amendment to the Archives\nRegulation:
\nPURPOSE: to regularise the existing partnership with\nthe EUI (European University Institute in Florence) as regards the\ndeposit of the historical archives of the European Union\ninstitutions at the EUI.
\nPROPOSED ACT: Council Regulation.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: this proposed Regulation seeks to ensure that\nthe EU institutions deposit their historical archives at the EUI in\nFlorence (IT) which will make them available to the\npublic.
\nA series of measures have been envisaged to facilitate\nthis deposit.
\nFor further information concerning the main provision\nof this proposed Regulation, as well as its financial implications\nfor the European Union’s budget, please refer to the\nsummary of the Commission’s initial legislative proposal,\ndated 16/08/2012.
\nThe Council’s revised version however\nincludes a number of changes to the initial draft\nRegulation.
\nThese changes may be summarised as follows:
\nPURPOSE: to regularise the existing partnership with\nthe EUI (European University Institute in Florence) as regards the\ndeposit of the historical archives of the European Union\ninstitutions at the EUI.
\nPROPOSED ACT: Council Regulation.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: this proposed Regulation seeks to ensure that\nthe EU institutions deposit their historical archives at the EUI in\nFlorence (IT) which will make them available to the\npublic.
\nA series of measures have been envisaged to facilitate\nthis deposit.
\nFor further information concerning the main provision\nof this proposed Regulation, as well as its financial implications\nfor the European Union’s budget, please refer to the\nsummary of the Commission’s initial legislative proposal,\ndated 16/08/2012.
\nThe Council’s revised version however\nincludes a number of changes to the initial draft\nRegulation.
\nThese changes may be summarised as follows:
\nPURPOSE: to regularise the existing partnership with\nthe EUI (European University Institute in Florence) as regards the\ndeposit of the historical archives of the European Union\ninstitutions at the EUI.
\nPROPOSED ACT: Council Regulation.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: this proposed Regulation seeks to ensure that\nthe EU institutions deposit their historical archives at the EUI in\nFlorence (IT) which will make them available to the\npublic.
\nA series of measures have been envisaged to facilitate\nthis deposit.
\nFor further information concerning the main provision\nof this proposed Regulation, as well as its financial implications\nfor the European Union’s budget, please refer to the\nsummary of the Commission’s initial legislative proposal,\ndated 16/08/2012.
\nThe Council’s revised version however\nincludes a number of changes to the initial draft\nRegulation.
\nThese changes may be summarised as follows:
\nPURPOSE: to regularise the existing partnership with\nthe EUI (European University Institute in Florence) as regards the\ndeposit of the historical archives of the European Union\ninstitutions at the EUI.
\nPROPOSED ACT: Council Regulation.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union (TFEU).
\nCONTENT: this proposed Regulation seeks to ensure that\nthe EU institutions deposit their historical archives at the EUI in\nFlorence (IT) which will make them available to the\npublic.
\nA series of measures have been envisaged to facilitate\nthis deposit.
\nFor further information concerning the main provision\nof this proposed Regulation, as well as its financial implications\nfor the European Union’s budget, please refer to the\nsummary of the Commission’s initial legislative proposal,\ndated 16/08/2012.
\nThe Council’s revised version however\nincludes a number of changes to the initial draft\nRegulation.
\nThese changes may be summarised as follows:
\nPURPOSE: to provide a legal and financial basis for\nthe continued deposit of the historical archives of the\ninstitutions of the EU at the European University Institute in\nFlorence (EUI).
\nPROPOSED ACT: Council Regulation.
\nBACKGROUND: Council Regulation (EEC, Euratom) No\n354/83 as amended by Council Regulation No\n1700/2003 requires the EU institutions, as defined in that\nRegulation, to establish historical archives and to open them to\nthe public once they are 30 years old. It enables each institution\nto hold its historical archives in whatever place it considers most\nappropriate.
\nIn 1984, the European Parliament, the Council and the\nCommission agreed to deposit their historical archives at the\nEuropean University Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe purpose of depositing the historical archives of\nthe institutions at the EUI is to provide access to the archives\nfrom a single location, to promote their consultation and to\nstimulate research into the history of European integration and the\nEuropean institutions.
\nThe Italian government makes available to the EUI,\npermanently and free of charge, suitable premises to house the\narchives. This ensures that the archives deposited are preserved\nand protected in accordance with recognised international\nstandards.
\nThe 1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal and\nfinancial basis for the partnership with the EUI, which reflects\nthe role of the EUI as a partner of the institutions in the\nmanagement of their historical archives.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken. The interested parties have been consulted. The EUI and\nItaly, as host institution and host government, have both given\ntheir support for the proposal.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union.
\nCONTENT: the proposal provides for the deposit of the\nhistorical archives by the institutions at the European University\nInstitute in Florence, Italy, where they will be made available to\nthe public by the EUI.
\nThe proposal will not affect the purpose of Regulation\nNo (EEC/Euratom) 354/83, i.e. the opening of the archives of the\ninstitutions after 30 years. It simply determines that they will be\ndeposited at the EUI once the institutions concerned have opened\nthem to the public in accordance with the existing Regulation. This\nformally recognises the existing situation, as most institutions\nthat have opened their archives already deposit these at the\nEUI.
\nThe Florence Institute: the EUI is a renowned centre of academic research and\nlearning with a focus on Europe and European integration. It\nprovides state of the art repository and research facilities built\nexpressly for their preservation and consultation, and has an\ninternational reputation as the centre for these\narchives.
\nEU institutions to whom the obligation\napplies: all the institutions with\nthe exception of the European Court of Justice and the European\nCentral Bank will in future deposit their historical archives at\nthe EUI once these archives have been opened to the public under\nthe existing Regulation. The European Court of Justice and the\nEuropean Central Bank have asked to be excluded from the obligation\nto deposit their historical archives at the EUI. However, they do\nnot rule out doing so in future on a voluntary basis. This is due\nto the nature of their activities and reflects current practice in\nmany Member States for the historical archives of similar\nbodies.
\nOwnership: the proposal\nwill not affect the ownership of the historical archives, which\nwill remain with the depositing institutions, nor will it affect\nthe existing rules under which the institutions decide which\ndocuments to open to the public after 30 years.
\nPaper and digital archives: the proposal distinguishes between the deposit of\npaper and digital archives. Paper archives will continue to be\nphysically deposited at, and preserved by, the EUI. However, the\nEUI will not need to preserve the digital archives for the purpose\nof providing access to these archives. The long-term preservation\nof digital archives will remain the responsibility of the\noriginating institutions.
\nPersonal data: the\nproposal clarifies the responsibilities of the EUI for the\nprotection of personal data contained in the historical archives of\nthe institutions. It also provides that each institution shall\nadopt implementing rules for the application of Regulation No (EC)\n354/83 that include rules for the preservation, opening to the\npublic and protection of personal data in the historical\narchives.
\nBUDGETARY IMPLICATIONS: the management of the\ninstitutions’ archives in Florence has been funded from the EU\nbudget since the archives were first deposited at the EUI more than\na quarter of a century ago. The Legislative Financial Statement\nprovides for continuation of this funding.
\nThe total amount in respect of administrative\nexpenditure is EUR 16.170 million from 2013 to 2019\ninclusive. The operational and staff\ncosts incurred by the EUI to manage the historical archives will be\nfunded from the general budget of the EU, excluding any costs\nrelated to the provision and equipping of the building(s) and\nrepositories to house the archives and its staff.
\nThe costs shall be shared by the depositing\ninstitutions in relation to the work done by the EUI for their\nrespective archives (i.e. on a proportional basis).
\nPURPOSE: to provide a legal and financial basis for\nthe continued deposit of the historical archives of the\ninstitutions of the EU at the European University Institute in\nFlorence (EUI).
\nPROPOSED ACT: Council Regulation.
\nBACKGROUND: Council Regulation (EEC, Euratom) No\n354/83 as amended by Council Regulation No\n1700/2003 requires the EU institutions, as defined in that\nRegulation, to establish historical archives and to open them to\nthe public once they are 30 years old. It enables each institution\nto hold its historical archives in whatever place it considers most\nappropriate.
\nIn 1984, the European Parliament, the Council and the\nCommission agreed to deposit their historical archives at the\nEuropean University Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe purpose of depositing the historical archives of\nthe institutions at the EUI is to provide access to the archives\nfrom a single location, to promote their consultation and to\nstimulate research into the history of European integration and the\nEuropean institutions.
\nThe Italian government makes available to the EUI,\npermanently and free of charge, suitable premises to house the\narchives. This ensures that the archives deposited are preserved\nand protected in accordance with recognised international\nstandards.
\nThe 1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal and\nfinancial basis for the partnership with the EUI, which reflects\nthe role of the EUI as a partner of the institutions in the\nmanagement of their historical archives.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken. The interested parties have been consulted. The EUI and\nItaly, as host institution and host government, have both given\ntheir support for the proposal.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union.
\nCONTENT: the proposal provides for the deposit of the\nhistorical archives by the institutions at the European University\nInstitute in Florence, Italy, where they will be made available to\nthe public by the EUI.
\nThe proposal will not affect the purpose of Regulation\nNo (EEC/Euratom) 354/83, i.e. the opening of the archives of the\ninstitutions after 30 years. It simply determines that they will be\ndeposited at the EUI once the institutions concerned have opened\nthem to the public in accordance with the existing Regulation. This\nformally recognises the existing situation, as most institutions\nthat have opened their archives already deposit these at the\nEUI.
\nThe Florence Institute: the EUI is a renowned centre of academic research and\nlearning with a focus on Europe and European integration. It\nprovides state of the art repository and research facilities built\nexpressly for their preservation and consultation, and has an\ninternational reputation as the centre for these\narchives.
\nEU institutions to whom the obligation\napplies: all the institutions with\nthe exception of the European Court of Justice and the European\nCentral Bank will in future deposit their historical archives at\nthe EUI once these archives have been opened to the public under\nthe existing Regulation. The European Court of Justice and the\nEuropean Central Bank have asked to be excluded from the obligation\nto deposit their historical archives at the EUI. However, they do\nnot rule out doing so in future on a voluntary basis. This is due\nto the nature of their activities and reflects current practice in\nmany Member States for the historical archives of similar\nbodies.
\nOwnership: the proposal\nwill not affect the ownership of the historical archives, which\nwill remain with the depositing institutions, nor will it affect\nthe existing rules under which the institutions decide which\ndocuments to open to the public after 30 years.
\nPaper and digital archives: the proposal distinguishes between the deposit of\npaper and digital archives. Paper archives will continue to be\nphysically deposited at, and preserved by, the EUI. However, the\nEUI will not need to preserve the digital archives for the purpose\nof providing access to these archives. The long-term preservation\nof digital archives will remain the responsibility of the\noriginating institutions.
\nPersonal data: the\nproposal clarifies the responsibilities of the EUI for the\nprotection of personal data contained in the historical archives of\nthe institutions. It also provides that each institution shall\nadopt implementing rules for the application of Regulation No (EC)\n354/83 that include rules for the preservation, opening to the\npublic and protection of personal data in the historical\narchives.
\nBUDGETARY IMPLICATIONS: the management of the\ninstitutions’ archives in Florence has been funded from the EU\nbudget since the archives were first deposited at the EUI more than\na quarter of a century ago. The Legislative Financial Statement\nprovides for continuation of this funding.
\nThe total amount in respect of administrative\nexpenditure is EUR 16.170 million from 2013 to 2019\ninclusive. The operational and staff\ncosts incurred by the EUI to manage the historical archives will be\nfunded from the general budget of the EU, excluding any costs\nrelated to the provision and equipping of the building(s) and\nrepositories to house the archives and its staff.
\nThe costs shall be shared by the depositing\ninstitutions in relation to the work done by the EUI for their\nrespective archives (i.e. on a proportional basis).
\nPURPOSE: to provide a legal and financial basis for\nthe continued deposit of the historical archives of the\ninstitutions of the EU at the European University Institute in\nFlorence (EUI).
\nPROPOSED ACT: Council Regulation.
\nBACKGROUND: Council Regulation (EEC, Euratom) No\n354/83 as amended by Council Regulation No\n1700/2003 requires the EU institutions, as defined in that\nRegulation, to establish historical archives and to open them to\nthe public once they are 30 years old. It enables each institution\nto hold its historical archives in whatever place it considers most\nappropriate.
\nIn 1984, the European Parliament, the Council and the\nCommission agreed to deposit their historical archives at the\nEuropean University Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe purpose of depositing the historical archives of\nthe institutions at the EUI is to provide access to the archives\nfrom a single location, to promote their consultation and to\nstimulate research into the history of European integration and the\nEuropean institutions.
\nThe Italian government makes available to the EUI,\npermanently and free of charge, suitable premises to house the\narchives. This ensures that the archives deposited are preserved\nand protected in accordance with recognised international\nstandards.
\nThe 1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal and\nfinancial basis for the partnership with the EUI, which reflects\nthe role of the EUI as a partner of the institutions in the\nmanagement of their historical archives.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken. The interested parties have been consulted. The EUI and\nItaly, as host institution and host government, have both given\ntheir support for the proposal.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union.
\nCONTENT: the proposal provides for the deposit of the\nhistorical archives by the institutions at the European University\nInstitute in Florence, Italy, where they will be made available to\nthe public by the EUI.
\nThe proposal will not affect the purpose of Regulation\nNo (EEC/Euratom) 354/83, i.e. the opening of the archives of the\ninstitutions after 30 years. It simply determines that they will be\ndeposited at the EUI once the institutions concerned have opened\nthem to the public in accordance with the existing Regulation. This\nformally recognises the existing situation, as most institutions\nthat have opened their archives already deposit these at the\nEUI.
\nThe Florence Institute: the EUI is a renowned centre of academic research and\nlearning with a focus on Europe and European integration. It\nprovides state of the art repository and research facilities built\nexpressly for their preservation and consultation, and has an\ninternational reputation as the centre for these\narchives.
\nEU institutions to whom the obligation\napplies: all the institutions with\nthe exception of the European Court of Justice and the European\nCentral Bank will in future deposit their historical archives at\nthe EUI once these archives have been opened to the public under\nthe existing Regulation. The European Court of Justice and the\nEuropean Central Bank have asked to be excluded from the obligation\nto deposit their historical archives at the EUI. However, they do\nnot rule out doing so in future on a voluntary basis. This is due\nto the nature of their activities and reflects current practice in\nmany Member States for the historical archives of similar\nbodies.
\nOwnership: the proposal\nwill not affect the ownership of the historical archives, which\nwill remain with the depositing institutions, nor will it affect\nthe existing rules under which the institutions decide which\ndocuments to open to the public after 30 years.
\nPaper and digital archives: the proposal distinguishes between the deposit of\npaper and digital archives. Paper archives will continue to be\nphysically deposited at, and preserved by, the EUI. However, the\nEUI will not need to preserve the digital archives for the purpose\nof providing access to these archives. The long-term preservation\nof digital archives will remain the responsibility of the\noriginating institutions.
\nPersonal data: the\nproposal clarifies the responsibilities of the EUI for the\nprotection of personal data contained in the historical archives of\nthe institutions. It also provides that each institution shall\nadopt implementing rules for the application of Regulation No (EC)\n354/83 that include rules for the preservation, opening to the\npublic and protection of personal data in the historical\narchives.
\nBUDGETARY IMPLICATIONS: the management of the\ninstitutions’ archives in Florence has been funded from the EU\nbudget since the archives were first deposited at the EUI more than\na quarter of a century ago. The Legislative Financial Statement\nprovides for continuation of this funding.
\nThe total amount in respect of administrative\nexpenditure is EUR 16.170 million from 2013 to 2019\ninclusive. The operational and staff\ncosts incurred by the EUI to manage the historical archives will be\nfunded from the general budget of the EU, excluding any costs\nrelated to the provision and equipping of the building(s) and\nrepositories to house the archives and its staff.
\nThe costs shall be shared by the depositing\ninstitutions in relation to the work done by the EUI for their\nrespective archives (i.e. on a proportional basis).
\n\nPURPOSE: to provide a legal and financial basis for the continued\ndeposit of the historical archives of the institutions of the EU at\nthe European University Institute in Florence (EUI).
\n\nPROPOSED ACT: Council Regulation.
\n\nBACKGROUND: Council\nRegulation (EEC, Euratom) No 354/83 as amended by Council\nRegulation No 1700/2003 requires the EU institutions, as defined in\nthat Regulation, to establish historical archives and to open them\nto the public once they are 30 years old. It enables each\ninstitution to hold its historical archives in whatever place it\nconsiders most appropriate.
\nIn\n1984, the European Parliament, the Council and the Commission\nagreed to deposit their historical archives at the European\nUniversity Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe\npurpose of depositing the historical archives of the institutions\nat the EUI is to provide access to the archives from a single\nlocation, to promote their consultation and to stimulate research\ninto the history of European integration and the European\ninstitutions.
\nThe\nItalian government makes available to the EUI, permanently and free\nof charge, suitable premises to house the archives. This ensures\nthat the archives deposited are preserved and protected in\naccordance with recognised international standards.
\nThe\n1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal\nand financial basis for the partnership with the EUI, which\nreflects the role of the EUI as a partner of the institutions in\nthe management of their historical archives.
\n\nIMPACT ASSESSMENT: no impact assessment was undertaken. The\ninterested parties have been consulted. The EUI and Italy, as host\ninstitution and host government, have both given their support for\nthe proposal.
\nLEGAL\nBASIS: Article 352 of the Treaty on the Functioning of the European\nUnion.
\n\nCONTENT: the proposal provides for the deposit of the historical\narchives by the institutions at the European University Institute\nin Florence, Italy, where they will be made available to the public\nby the EUI.
\nThe\nproposal will not affect the purpose of Regulation No (EEC/Euratom)\n354/83, i.e. the opening of the archives of the institutions after\n30 years. It simply determines that they will be deposited at the\nEUI once the institutions concerned have opened them to the public\nin accordance with the existing Regulation. This formally\nrecognises the existing situation, as most institutions that have\nopened their archives already deposit these at the EUI.
\n\nThe Florence Institute: the EUI is a renowned\ncentre of academic research and learning with a focus on Europe and\nEuropean integration. It provides state of the art repository and\nresearch facilities built expressly for their preservation and\nconsultation, and has an international reputation as the centre for\nthese archives.
\n\nEU institutions to whom the obligation applies:\nall the institutions with the exception of the European Court of\nJustice and the European Central Bank will in future deposit their\nhistorical archives at the EUI once these archives have been opened\nto the public under the existing Regulation. The European Court of\nJustice and the European Central Bank have asked to be excluded\nfrom the obligation to deposit their historical archives at the\nEUI. However, they do not rule out doing so in future on a\nvoluntary basis. This is due to the nature of their activities and\nreflects current practice in many Member States for the historical\narchives of similar bodies.
\n\nOwnership: the proposal will not affect the\nownership of the historical archives, which will remain with the\ndepositing institutions, nor will it affect the existing rules\nunder which the institutions decide which documents to open to the\npublic after 30 years.
\n\nPaper and digital archives: the proposal\ndistinguishes between the deposit of paper and digital archives.\nPaper archives will continue to be physically deposited at, and\npreserved by, the EUI. However, the EUI will not need to preserve\nthe digital archives for the purpose of providing access to these\narchives. The long-term preservation of digital archives will\nremain the responsibility of the originating institutions.
\n\nPersonal data: the proposal clarifies the\nresponsibilities of the EUI for the protection of personal data\ncontained in the historical archives of the institutions. It also\nprovides that each institution shall adopt implementing rules for\nthe application of Regulation No (EC) 354/83 that include rules for\nthe preservation, opening to the public and protection of personal\ndata in the historical archives.
\n\nBUDGETARY IMPLICATIONS: the management of the institutions'\narchives in Florence has been funded from the EU budget since the\narchives were first deposited at the EUI more than a quarter of a\ncentury ago. The Legislative Financial Statement provides for\ncontinuation of this funding.
\nThe\ntotal amount in respect of administrative expenditure is\nEUR 16.170 million from 2013 to 2019 inclusive.\nThe operational and staff costs incurred by the EUI to manage the\nhistorical archives will be funded from the general budget of the\nEU, excluding any costs related to the provision and equipping of\nthe building(s) and repositories to house the archives and its\nstaff.
\nThe costs shall\nbe shared by the depositing institutions in relation to the work\ndone by the EUI for their respective archives (i.e. on a\nproportional basis).
\n\nOPINION OF THE EUROPEAN DATA PROTECTION\nSUPERVISOR
\non the Commission proposal for a Council Regulation\namending Regulation (EEC, Euratom) No 354/83,
\nas regards the deposit of the historical archives of\nthe institutions at the European University Institute in\nFlorence.
\nBefore the adoption of the proposal, the EDPS was\ngiven the possibility to provide informal comments. Many of\nthese comments have been taken into account in the proposal. As a result, the data protection safeguards in the\nproposal have been strengthened as regards:
\nThe EDPS considers that it is important that European\ninstitutions and bodies have clear policies of what personal\ndata should or should not go to the historical archives, and\nhow to safeguard those personal data that will be preserved and\nmade publicly available via the historical archives. For the\nmoment, although document management, data retention and archiving\npolicies exist at many European institutions and bodies [for\nexample, the Common Conservation List (‘CCL’), an\ninternal administrative document issued by the Commission], these\npolicies provide only limited guidance on data protection.\nIn addition, it is to be noted that the existing policies are\nformulated in internal documents, rather than in a legislative\ninstrument adopted by Council and Parliament.
\nThe EDPS, in this Opinion, suggests a few targeted\nchanges that can be included on the occasion of the current,\nmore limited review of the Archives Regulation. Additionally, he\nhighlights the need for adoption of specific measures, including\nadequate implementing rules, to ensure that data protection\nconcerns are effectively addressed in the context of legitimate\nrecord keeping for historical purposes.
\nTo address remaining data protection concerns, the\nEDPS recommends that the proposed amendment to the Archives\nRegulation:
\nPURPOSE: to provide a legal and financial basis for\nthe continued deposit of the historical archives of the\ninstitutions of the EU at the European University Institute in\nFlorence (EUI).
\nPROPOSED ACT: Council Regulation.
\nBACKGROUND: Council Regulation (EEC, Euratom) No\n354/83 as amended by Council Regulation No 1700/2003 requires the\nEU institutions, as defined in that Regulation, to establish\nhistorical archives and to open them to the public once they are 30\nyears old. It enables each institution to hold its historical\narchives in whatever place it considers most\nappropriate.
\nIn 1984, the European Parliament, the Council and the\nCommission agreed to deposit their historical archives at the\nEuropean University Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe purpose of depositing the historical archives of\nthe institutions at the EUI is to provide access to the archives\nfrom a single location, to promote their consultation and to\nstimulate research into the history of European integration and the\nEuropean institutions.
\nThe Italian government makes available to the EUI,\npermanently and free of charge, suitable premises to house the\narchives. This ensures that the archives deposited are preserved\nand protected in accordance with recognised international\nstandards.
\nThe 1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal and\nfinancial basis for the partnership with the EUI, which reflects\nthe role of the EUI as a partner of the institutions in the\nmanagement of their historical archives.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken. The interested parties have been consulted. The EUI and\nItaly, as host institution and host government, have both given\ntheir support for the proposal.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union.
\nCONTENT: the proposal provides for the deposit of the\nhistorical archives by the institutions at the European University\nInstitute in Florence, Italy, where they will be made available to\nthe public by the EUI.
\nThe proposal will not affect the purpose of Regulation\nNo (EEC/Euratom) 354/83, i.e. the opening of the archives of the\ninstitutions after 30 years. It simply determines that they will be\ndeposited at the EUI once the institutions concerned have opened\nthem to the public in accordance with the existing Regulation. This\nformally recognises the existing situation, as most institutions\nthat have opened their archives already deposit these at the\nEUI.
\nThe Florence Institute: the EUI is a renowned centre of academic research and\nlearning with a focus on Europe and European integration. It\nprovides state of the art repository and research facilities built\nexpressly for their preservation and consultation, and has an\ninternational reputation as the centre for these\narchives.
\nEU institutions to whom the obligation\napplies: all the institutions with\nthe exception of the European Court of Justice and the European\nCentral Bank will in future deposit their historical archives at\nthe EUI once these archives have been opened to the public under\nthe existing Regulation. The European Court of Justice and the\nEuropean Central Bank have asked to be excluded from the obligation\nto deposit their historical archives at the EUI. However, they do\nnot rule out doing so in future on a voluntary basis. This is due\nto the nature of their activities and reflects current practice in\nmany Member States for the historical archives of similar\nbodies.
\nOwnership: the proposal\nwill not affect the ownership of the historical archives, which\nwill remain with the depositing institutions, nor will it affect\nthe existing rules under which the institutions decide which\ndocuments to open to the public after 30 years.
\nPaper and digital archives: the proposal distinguishes between the deposit of\npaper and digital archives. Paper archives will continue to be\nphysically deposited at, and preserved by, the EUI. However, the\nEUI will not need to preserve the digital archives for the purpose\nof providing access to these archives. The long-term preservation\nof digital archives will remain the responsibility of the\noriginating institutions.
\nPersonal data: the\nproposal clarifies the responsibilities of the EUI for the\nprotection of personal data contained in the historical archives of\nthe institutions. It also provides that each institution shall\nadopt implementing rules for the application of Regulation No (EC)\n354/83 that include rules for the preservation, opening to the\npublic and protection of personal data in the historical\narchives.
\nBUDGETARY IMPLICATIONS: the management of the\ninstitutions’ archives in Florence has been funded from the EU\nbudget since the archives were first deposited at the EUI more than\na quarter of a century ago. The Legislative Financial Statement\nprovides for continuation of this funding.
\nThe total amount in respect of administrative\nexpenditure is EUR 16.170 million from 2013 to 2019\ninclusive. The operational and staff\ncosts incurred by the EUI to manage the historical archives will be\nfunded from the general budget of the EU, excluding any costs\nrelated to the provision and equipping of the building(s) and\nrepositories to house the archives and its staff.
\nThe costs shall be shared by the depositing\ninstitutions in relation to the work done by the EUI for their\nrespective archives (i.e. on a proportional basis).
\nPURPOSE: to provide a legal and financial basis for\nthe continued deposit of the historical archives of the\ninstitutions of the EU at the European University Institute in\nFlorence (EUI).
\nPROPOSED ACT: Council Regulation.
\nBACKGROUND: Council Regulation (EEC, Euratom) No\n354/83 as amended by Council Regulation No\n1700/2003 requires the EU institutions, as defined in that\nRegulation, to establish historical archives and to open them to\nthe public once they are 30 years old. It enables each institution\nto hold its historical archives in whatever place it considers most\nappropriate.
\nIn 1984, the European Parliament, the Council and the\nCommission agreed to deposit their historical archives at the\nEuropean University Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe purpose of depositing the historical archives of\nthe institutions at the EUI is to provide access to the archives\nfrom a single location, to promote their consultation and to\nstimulate research into the history of European integration and the\nEuropean institutions.
\nThe Italian government makes available to the EUI,\npermanently and free of charge, suitable premises to house the\narchives. This ensures that the archives deposited are preserved\nand protected in accordance with recognised international\nstandards.
\nThe 1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal and\nfinancial basis for the partnership with the EUI, which reflects\nthe role of the EUI as a partner of the institutions in the\nmanagement of their historical archives.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken. The interested parties have been consulted. The EUI and\nItaly, as host institution and host government, have both given\ntheir support for the proposal.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union.
\nCONTENT: the proposal provides for the deposit of the\nhistorical archives by the institutions at the European University\nInstitute in Florence, Italy, where they will be made available to\nthe public by the EUI.
\nThe proposal will not affect the purpose of Regulation\nNo (EEC/Euratom) 354/83, i.e. the opening of the archives of the\ninstitutions after 30 years. It simply determines that they will be\ndeposited at the EUI once the institutions concerned have opened\nthem to the public in accordance with the existing Regulation. This\nformally recognises the existing situation, as most institutions\nthat have opened their archives already deposit these at the\nEUI.
\nThe Florence Institute: the EUI is a renowned centre of academic research and\nlearning with a focus on Europe and European integration. It\nprovides state of the art repository and research facilities built\nexpressly for their preservation and consultation, and has an\ninternational reputation as the centre for these\narchives.
\nEU institutions to whom the obligation\napplies: all the institutions with\nthe exception of the European Court of Justice and the European\nCentral Bank will in future deposit their historical archives at\nthe EUI once these archives have been opened to the public under\nthe existing Regulation. The European Court of Justice and the\nEuropean Central Bank have asked to be excluded from the obligation\nto deposit their historical archives at the EUI. However, they do\nnot rule out doing so in future on a voluntary basis. This is due\nto the nature of their activities and reflects current practice in\nmany Member States for the historical archives of similar\nbodies.
\nOwnership: the proposal\nwill not affect the ownership of the historical archives, which\nwill remain with the depositing institutions, nor will it affect\nthe existing rules under which the institutions decide which\ndocuments to open to the public after 30 years.
\nPaper and digital archives: the proposal distinguishes between the deposit of\npaper and digital archives. Paper archives will continue to be\nphysically deposited at, and preserved by, the EUI. However, the\nEUI will not need to preserve the digital archives for the purpose\nof providing access to these archives. The long-term preservation\nof digital archives will remain the responsibility of the\noriginating institutions.
\nPersonal data: the\nproposal clarifies the responsibilities of the EUI for the\nprotection of personal data contained in the historical archives of\nthe institutions. It also provides that each institution shall\nadopt implementing rules for the application of Regulation No (EC)\n354/83 that include rules for the preservation, opening to the\npublic and protection of personal data in the historical\narchives.
\nBUDGETARY IMPLICATIONS: the management of the\ninstitutions’ archives in Florence has been funded from the EU\nbudget since the archives were first deposited at the EUI more than\na quarter of a century ago. The Legislative Financial Statement\nprovides for continuation of this funding.
\nThe total amount in respect of administrative\nexpenditure is EUR 16.170 million from 2013 to 2019\ninclusive. The operational and staff\ncosts incurred by the EUI to manage the historical archives will be\nfunded from the general budget of the EU, excluding any costs\nrelated to the provision and equipping of the building(s) and\nrepositories to house the archives and its staff.
\nThe costs shall be shared by the depositing\ninstitutions in relation to the work done by the EUI for their\nrespective archives (i.e. on a proportional basis).
\nPURPOSE: to provide a legal and financial basis for\nthe continued deposit of the historical archives of the\ninstitutions of the EU at the European University Institute in\nFlorence (EUI).
\nPROPOSED ACT: Council Regulation.
\nBACKGROUND: Council Regulation (EEC, Euratom) No\n354/83 as amended by Council Regulation No 1700/2003 requires the\nEU institutions, as defined in that Regulation, to establish\nhistorical archives and to open them to the public once they are 30\nyears old. It enables each institution to hold its historical\narchives in whatever place it considers most\nappropriate.
\nIn 1984, the European Parliament, the Council and the\nCommission agreed to deposit their historical archives at the\nEuropean University Institute in Florence (EUI) where they are made\navailable to the public. Since then, the European Court of\nAuditors, the European Economic and Social Committee and the\nEuropean Investment Bank have also decided to deposit their\narchives at the EUI. The terms of the deposit are covered by a\ncontract dated 17 December 1984 between the European Communities,\nrepresented by the Commission, and the EUI.
\nThe purpose of depositing the historical archives of\nthe institutions at the EUI is to provide access to the archives\nfrom a single location, to promote their consultation and to\nstimulate research into the history of European integration and the\nEuropean institutions.
\nThe Italian government makes available to the EUI,\npermanently and free of charge, suitable premises to house the\narchives. This ensures that the archives deposited are preserved\nand protected in accordance with recognised international\nstandards.
\nThe 1984 deposit contract has, however, become\noutdated and needs to be replaced by a more solid legal and\nfinancial basis for the partnership with the EUI, which reflects\nthe role of the EUI as a partner of the institutions in the\nmanagement of their historical archives.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken. The interested parties have been consulted. The EUI and\nItaly, as host institution and host government, have both given\ntheir support for the proposal.
\nLEGAL BASIS: Article 352 of the Treaty on the\nFunctioning of the European Union.
\nCONTENT: the proposal provides for the deposit of the\nhistorical archives by the institutions at the European University\nInstitute in Florence, Italy, where they will be made available to\nthe public by the EUI.
\nThe proposal will not affect the purpose of Regulation\nNo (EEC/Euratom) 354/83, i.e. the opening of the archives of the\ninstitutions after 30 years. It simply determines that they will be\ndeposited at the EUI once the institutions concerned have opened\nthem to the public in accordance with the existing Regulation. This\nformally recognises the existing situation, as most institutions\nthat have opened their archives already deposit these at the\nEUI.
\nThe Florence Institute: the EUI is a renowned centre of academic research and\nlearning with a focus on Europe and European integration. It\nprovides state of the art repository and research facilities built\nexpressly for their preservation and consultation, and has an\ninternational reputation as the centre for these\narchives.
\nEU institutions to whom the obligation\napplies: all the institutions with\nthe exception of the European Court of Justice and the European\nCentral Bank will in future deposit their historical archives at\nthe EUI once these archives have been opened to the public under\nthe existing Regulation. The European Court of Justice and the\nEuropean Central Bank have asked to be excluded from the obligation\nto deposit their historical archives at the EUI. However, they do\nnot rule out doing so in future on a voluntary basis. This is due\nto the nature of their activities and reflects current practice in\nmany Member States for the historical archives of similar\nbodies.
\nOwnership: the proposal\nwill not affect the ownership of the historical archives, which\nwill remain with the depositing institutions, nor will it affect\nthe existing rules under which the institutions decide which\ndocuments to open to the public after 30 years.
\nPaper and digital archives: the proposal distinguishes between the deposit of\npaper and digital archives. Paper archives will continue to be\nphysically deposited at, and preserved by, the EUI. However, the\nEUI will not need to preserve the digital archives for the purpose\nof providing access to these archives. The long-term preservation\nof digital archives will remain the responsibility of the\noriginating institutions.
\nPersonal data: the\nproposal clarifies the responsibilities of the EUI for the\nprotection of personal data contained in the historical archives of\nthe institutions. It also provides that each institution shall\nadopt implementing rules for the application of Regulation No (EC)\n354/83 that include rules for the preservation, opening to the\npublic and protection of personal data in the historical\narchives.
\nBUDGETARY IMPLICATIONS: the management of the\ninstitutions’ archives in Florence has been funded from the EU\nbudget since the archives were first deposited at the EUI more than\na quarter of a century ago. The Legislative Financial Statement\nprovides for continuation of this funding.
\nThe total amount in respect of administrative\nexpenditure is EUR 16.170 million from 2013 to 2019\ninclusive. The operational and staff\ncosts incurred by the EUI to manage the historical archives will be\nfunded from the general budget of the EU, excluding any costs\nrelated to the provision and equipping of the building(s) and\nrepositories to house the archives and its staff.
\nThe costs shall be shared by the depositing\ninstitutions in relation to the work done by the EUI for their\nrespective archives (i.e. on a proportional basis).
\nThe European Parliament decided, by 619 votes to 2\nwith 6 abstentions, to make some amendments to the Rules of\nProcedure relating to a Code of Conduct for Members of the European\nParliament with respect to financial interests and conflicts of\ninterest.
\nParliament decided that the following amendments will\nenter into force on 1 January 2012:
\nCode of conduct: the\namended regulation states that Parliament lays down rules governing\nthe transparency of its Members’ financial interests in the\nform of a Code of Conduct with respect to financial interests and\nconflicts of interest.
\nKey principles: in the\nexercise of their functions, Members shall:
\nMain duties of Members:\nin exercising their duties, Members of the European Parliament\nshall:
\nConflicts of interest: it is specified that a conflict of interest\nexists where a Member of the European Parliament has a personal\ninterest that could improperly influence the performance of his or\nher duties as a Member. A conflict of interest does not exist where\na Member benefits only as a member of the general public or of a\nbroad class of persons.
\nAny Member who finds that he or she has a conflict of\ninterest shall immediately take the necessary steps to address it,\nin accordance with the principles and provisions of this Code of\nConduct. If the Member is unable to resolve the conflict of\ninterest, he or she shall report this to the President in\nwriting.
\nMembers shall disclose, before speaking or voting in\nPlenary or in one of Parliament’s bodies, or if proposed as a\nrapporteur, any actual or potential conflict of interest in\nrelation to the matter under consideration.
\nDeclaration by Members:\nMembers of the European Parliament shall be personally responsible\nfor submitting a declaration of financial interests to the\nPresident by the end of the first part-session after elections to\nthe European Parliament.
\nThe declaration of financial interests shall contain,\namong other things, the following information, which shall be\nprovided in a precise manner:
\nMembers shall notify the President of any changes that\nhave on influence on their declaration within 30 days of each\nchange occurring.
\nMembers may not be elected as office-holders of\nParliament or of one of its bodies, be appointed as a rapporteur or\nparticipate in an official delegation, if they have not submitted\ntheir declaration of financial interests.
\nGifts or similar benefits: Members of the European Parliament shall refrain\nfrom accepting, in the performance of their duties, any gifts or\nsimilar benefits, other than those with an approximate value of\nless than EUR 150 given in accordance with courtesy usage or those\ngiven to them in accordance with courtesy usage when they are\nrepresenting Parliament in an official capacity.
\nAny gifts presented to Members, when they are\nrepresenting Parliament in an official capacity shall be handed\nover to the President of the Parliament.
\nThe reimbursement of travel, accommodation and\nsubsistence expenses of Members, or the direct payment of such\nexpenses by third parties are not considered as gifts when they\nparticipate in an event pursuant to an official\ninvitation.
\nSanctions: where a\nrapporteur breaches the provisions of the Code of Conduct for\nMembers of the European Parliament with respect to financial\ninterests and conflicts of interest, the committee that appointed\nhim or her may, on the initiative of the President and on a\nproposal by the Conference of Presidents, terminate the holding of\nthat office.
\nActivities of former Members: former Members of the European Parliament who engage\nin professional lobbying or representational activities directly\nlinked to the European Union decision-making process may not,\nthroughout the period in which they engage in those activities,\nbenefit from the facilities granted to former Members under the\nrules laid down by the Bureau to that effect.
\nAdvisory Committee on the Conduct of\nMembers: the Advisory Committee -\ncomposed of five members, appointed by the President at the\nbeginning of his or her term-of-office from amongst the members of\nthe bureaux and the coordinators of the Committee on Constitutional\nAffairs and the Committee on Legal Affairs – shall be\nestablished.
\nUpon request by a Member, the Advisory Committee shall\ngive him or her, in confidence, guidance on the interpretation and\nimplementation of the provisions of the Code of Conduct. At the\nrequest of the President, the Advisory Committee shall also assess\nalleged cases of breach of this Code of Conduct and advise the\nPresident on possible action to be taken.
\nThe Advisory Committee cannot be established before\nthe end of January 2012. Members will have 90 days following the\nentry into force of the Code of Conduct to submit the declaration\nof financial interests referred to in that Code. Declarations\nsubmitted on the basis of the provisions of the Rules of Procedure\nin force on the date this decision is adopted will remain valid\nuntil the expiry of the aforementioned deadline.
\nThe European Parliament decided, by 619 votes to 2\nwith 6 abstentions, to make some amendments to the Rules of\nProcedure relating to a Code of Conduct for Members of the European\nParliament with respect to financial interests and conflicts of\ninterest.
\nParliament decided that the following amendments will\nenter into force on 1 January 2012:
\nCode of conduct: the\namended regulation states that Parliament lays down rules governing\nthe transparency of its Members’ financial interests in the\nform of a Code of Conduct with respect to financial interests and\nconflicts of interest.
\nKey principles: in the\nexercise of their functions, Members shall:
\nMain duties of Members:\nin exercising their duties, Members of the European Parliament\nshall:
\nConflicts of interest: it is specified that a conflict of interest\nexists where a Member of the European Parliament has a personal\ninterest that could improperly influence the performance of his or\nher duties as a Member. A conflict of interest does not exist where\na Member benefits only as a member of the general public or of a\nbroad class of persons.
\nAny Member who finds that he or she has a conflict of\ninterest shall immediately take the necessary steps to address it,\nin accordance with the principles and provisions of this Code of\nConduct. If the Member is unable to resolve the conflict of\ninterest, he or she shall report this to the President in\nwriting.
\nMembers shall disclose, before speaking or voting in\nPlenary or in one of Parliament’s bodies, or if proposed as a\nrapporteur, any actual or potential conflict of interest in\nrelation to the matter under consideration.
\nDeclaration by Members:\nMembers of the European Parliament shall be personally responsible\nfor submitting a declaration of financial interests to the\nPresident by the end of the first part-session after elections to\nthe European Parliament.
\nThe declaration of financial interests shall contain,\namong other things, the following information, which shall be\nprovided in a precise manner:
\nMembers shall notify the President of any changes that\nhave on influence on their declaration within 30 days of each\nchange occurring.
\nMembers may not be elected as office-holders of\nParliament or of one of its bodies, be appointed as a rapporteur or\nparticipate in an official delegation, if they have not submitted\ntheir declaration of financial interests.
\nGifts or similar benefits: Members of the European Parliament shall refrain\nfrom accepting, in the performance of their duties, any gifts or\nsimilar benefits, other than those with an approximate value of\nless than EUR 150 given in accordance with courtesy usage or those\ngiven to them in accordance with courtesy usage when they are\nrepresenting Parliament in an official capacity.
\nAny gifts presented to Members, when they are\nrepresenting Parliament in an official capacity shall be handed\nover to the President of the Parliament.
\nThe reimbursement of travel, accommodation and\nsubsistence expenses of Members, or the direct payment of such\nexpenses by third parties are not considered as gifts when they\nparticipate in an event pursuant to an official\ninvitation.
\nSanctions: where a\nrapporteur breaches the provisions of the Code of Conduct for\nMembers of the European Parliament with respect to financial\ninterests and conflicts of interest, the committee that appointed\nhim or her may, on the initiative of the President and on a\nproposal by the Conference of Presidents, terminate the holding of\nthat office.
\nActivities of former Members: former Members of the European Parliament who engage\nin professional lobbying or representational activities directly\nlinked to the European Union decision-making process may not,\nthroughout the period in which they engage in those activities,\nbenefit from the facilities granted to former Members under the\nrules laid down by the Bureau to that effect.
\nAdvisory Committee on the Conduct of\nMembers: the Advisory Committee -\ncomposed of five members, appointed by the President at the\nbeginning of his or her term-of-office from amongst the members of\nthe bureaux and the coordinators of the Committee on Constitutional\nAffairs and the Committee on Legal Affairs – shall be\nestablished.
\nUpon request by a Member, the Advisory Committee shall\ngive him or her, in confidence, guidance on the interpretation and\nimplementation of the provisions of the Code of Conduct. At the\nrequest of the President, the Advisory Committee shall also assess\nalleged cases of breach of this Code of Conduct and advise the\nPresident on possible action to be taken.
\nThe Advisory Committee cannot be established before\nthe end of January 2012. Members will have 90 days following the\nentry into force of the Code of Conduct to submit the declaration\nof financial interests referred to in that Code. Declarations\nsubmitted on the basis of the provisions of the Rules of Procedure\nin force on the date this decision is adopted will remain valid\nuntil the expiry of the aforementioned deadline.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nThe Committee on Employment and Social Affairs adopted\nthe report by Csaba SOGOR (EPP, RO) on the proposal for a\nRegulation of the European Parliament and of the Council on\nEuropean statistics on demography.
\nThe committee recommends that the position of the\nEuropean Parliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nMembers add a recital citing the strategic objective\nof the Beijing Platform for Action (1995) which provides a\nreference framework for the generation and dissemination of\ngender-disaggregated data and information, for planning and\npolicy evaluation reasons.
\nDefinitions: Members clarify the definitions in\nArticle 2 of the proposal.
\nScope: the statistical\ndata to be provided by Member States shall cover the following\nvariables: age, sex and residence. Members also introduce\ninto the text a specific mention of the role of other relevant\nnational and regional authorities in the development,\nproduction and dissemination of European statistics.
\nData on population and vital events: Member States shall provide the Commission (Eurostat)\nwith data on vital events that occurred during the reference\nperiod. The data provided shall cover the following\nvariables:
\n\n(a) live births by sex, by month of occurrence,\nby live birth-order, by mother’s age, by mother’s year of\nbirth, by mother’s country of birth, by mother’s country\nof citizenship and by mother’s region of residence;
\n\n(b) deaths by age, by sex, by year of birth, by\nregion of residence, by country of birth, by country of citizenship\nand by month of occurrence.
\nBecause demographic change affects the regions in\nvarious, different ways, Members consider it would be helpful not\nonly to compare developments at national level but also at regional\nlevel. Where regional authorities provide national authorities with\nstatistical data, Member States shall forward such data to the\nCommission (Eurostat), in order to enable it to acquire a more\ndetailed overview of the demographic situation in the\nUnion.
\nAs the regulation does not regulate the frequency\nof data, it needs to be ensured that the authorities are not\nforced to deliver data so frequently that is unrealistic or cannot\nreasonably be expected. The Commission shall therefore adopt\nimplementing acts laying down uniform conditions for the\nbreakdown of data, as well as to the frequency, deadlines and\nrevisions of data. Those implementing acts shall be adopted in\naccordance with the examination procedure.
\nReference time: Members\nclarify the reference time for population data. This shall be the\nend of the reference period (midnight on 31 December). The\nreference period for vital events data shall be the calendar\nyear in which the events occurred. The\nfirst reference period to be taken into account for the purposes of\nthis regulation shall be 2013. The last reference period shall be\n2027.
\nReview clause: Members\nhave inserted an amendment making provision for a review clause.\nThe Commission shall submit a report to the\nEuropean Parliament and to the Council on the implementation\nof the Regulation by 31 December 2018, and every five years\nthereafter. In that report, the Commission shall evaluate the\nquality of the data transmitted by Member States. The report shall,\nif appropriate, be accompanied by proposals designed to further\nimprove the functioning of the Regulation.
\nThe European Parliament adopted amendments to\nthe proposal for a Regulation of the European Parliament and of the\nCouncil on European statistics on demography. The matter was\nreferred back to the committee responsible for reexamination.\nThe vote on the legislative resolution is postponed until a later\nplenary session.
\nThe main amendments adopted in plenary are as\nfollows:
\nParliament adds a recital citing the strategic\nobjective of the Beijing Platform for Action (1995) which\nprovides a reference framework for the generation and\ndissemination of gender-disaggregated data and information, for\nplanning and policy evaluation reasons.
\nDefinitions: Parliament\nclarifies the definitions in Article 2 of the proposal:
\nParliament adds a new subparagraph stipulating that\nthe \"usually resident population\" shall be estimated from\nthe legal or registered population, using scientifically-based,\nwell-documented, and publicly-available statistical estimation\nmethods that are monitored by the Commission (Eurostat).
\nScope: the statistical\ndata to be provided by Member States shall cover the following\nvariables: age, sex and region of residence. Parliament also\nintroduces into the text a specific mention of the role of other\nrelevant national and regional authorities in the development,\nproduction and dissemination of European statistics.
\nData on population and vital events: Member States shall provide the Commission (Eurostat)\nwith data on vital events that occurred during the reference\nperiod. The data provided shall cover the following\nvariables:
\n\n(a) live births by sex, by month of occurrence,\nby live birth-order, by mother’s age, by mother’s year of\nbirth, by mother’s country of birth, by mother’s country\nof citizenship and by mother’s region of residence;
\n\n(b) deaths by age, by sex, by year of birth, by\nregion of residence, by country of birth, by country of citizenship\nand by month of occurrence.
\nBecause demographic change affects the regions in\nvarious, different ways, Parliament considers it would be\nhelpful not only to compare developments at national level but also\nat regional level. Where regional authorities provide national\nauthorities with statistical data, Member States shall forward such\ndata to the Commission (Eurostat), in order to enable it to acquire\na more detailed overview of the demographic situation in the\nUnion.
\nAs the regulation does not regulate the frequency\nof data, it needs to be ensured that the authorities are not\nforced to deliver data so frequently that is unrealistic or cannot\nreasonably be expected. The Commission shall therefore adopt\nimplementing acts laying down uniform conditions for the\nbreakdown of data, as well as to the frequency, deadlines and\nrevisions of data. Those implementing acts shall be adopted in\naccordance with the examination procedure.
\nReference time: Members\nclarify the reference time for population data. This shall\nbe the end of the reference period (midnight on 31 December). The\nreference period for vital events data shall be the calendar\nyear in which the events occurred. The first reference period to be\ntaken into account for the purposes of this regulation shall be\n2013. The last reference period shall be 2027.
\nReview clause: Parliament has inserted an amendment making provision\nfor a review clause. The Commission shall submit a report to the\nEuropean Parliament and to the Council on the implementation of the\nRegulation by 31 December 2018, and every five years thereafter. In\nthat report, the Commission shall evaluate the quality of the data\ntransmitted by Member States. The report shall, if appropriate, be\naccompanied by proposals designed to further improve the\nfunctioning of the Regulation.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nThe Committee on Employment and Social Affairs adopted\nthe report by Csaba SOGOR (EPP, RO) on\nthe proposal for a Regulation of the European Parliament and of the\nCouncil on European statistics on demography.
\nThe committee recommends that the position of the\nEuropean Parliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nMembers add a recital citing the strategic objective\nof the Beijing Platform for Action (1995) which provides a\nreference framework for the generation and dissemination of\ngender-disaggregated data and information, for planning and\npolicy evaluation reasons.
\nDefinitions: Members clarify the definitions in\nArticle 2 of the proposal.
\nScope: the statistical\ndata to be provided by Member States shall cover the following\nvariables: age, sex and residence. Members also introduce\ninto the text a specific mention of the role of other relevant\nnational and regional authorities in the development,\nproduction and dissemination of European statistics.
\nData on population and vital events: Member States shall provide the Commission (Eurostat)\nwith data on vital events that occurred during the reference\nperiod. The data provided shall cover the following\nvariables:
\n\n(a) live births by sex, by month of occurrence,\nby live birth-order, by mother’s age, by mother’s year of\nbirth, by mother’s country of birth, by mother’s country\nof citizenship and by mother’s region of residence;
\n\n(b) deaths by age, by sex, by year of birth, by\nregion of residence, by country of birth, by country of citizenship\nand by month of occurrence.
\nBecause demographic change affects the regions in\nvarious, different ways, Members consider it would be helpful not\nonly to compare developments at national level but also at regional\nlevel. Where regional authorities provide national authorities with\nstatistical data, Member States shall forward such data to the\nCommission (Eurostat), in order to enable it to acquire a more\ndetailed overview of the demographic situation in the\nUnion.
\nAs the regulation does not regulate the frequency\nof data, it needs to be ensured that the authorities are not\nforced to deliver data so frequently that is unrealistic or cannot\nreasonably be expected. The Commission shall therefore adopt\nimplementing acts laying down uniform conditions for the\nbreakdown of data, as well as to the frequency, deadlines and\nrevisions of data. Those implementing acts shall be adopted in\naccordance with the examination procedure.
\nReference time: Members\nclarify the reference time for population data. This shall be the\nend of the reference period (midnight on 31 December). The\nreference period for vital events data shall be the calendar\nyear in which the events occurred. The\nfirst reference period to be taken into account for the purposes of\nthis regulation shall be 2013. The last reference period shall be\n2027.
\nReview\nclause: Members have inserted an\namendment making provision for a review clause. The Commission shall submit a report to the European\nParliament and to the Council on the implementation of the\nRegulation by 31 December 2018, and every five years thereafter. In\nthat report, the Commission shall evaluate the quality of the data\ntransmitted by Member States. The report shall, if appropriate, be\naccompanied by proposals designed to further improve the\nfunctioning of the Regulation.
\nThe Committee on Employment and Social Affairs adopted\nthe report by Csaba SOGOR (EPP, RO) on the proposal for a\nRegulation of the European Parliament and of the Council on\nEuropean statistics on demography.
\nThe committee recommends that the position of the\nEuropean Parliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nMembers add a recital citing the strategic objective\nof the Beijing Platform for Action (1995) which provides a\nreference framework for the generation and dissemination of\ngender-disaggregated data and information, for planning and\npolicy evaluation reasons.
\nDefinitions: Members clarify the definitions in\nArticle 2 of the proposal.
\nScope: the statistical\ndata to be provided by Member States shall cover the following\nvariables: age, sex and residence. Members also introduce\ninto the text a specific mention of the role of other relevant\nnational and regional authorities in the development,\nproduction and dissemination of European statistics.
\nData on population and vital events: Member States shall provide the Commission (Eurostat)\nwith data on vital events that occurred during the reference\nperiod. The data provided shall cover the following\nvariables:
\n\n(a) live births by sex, by month of occurrence,\nby live birth-order, by mother’s age, by mother’s year of\nbirth, by mother’s country of birth, by mother’s country\nof citizenship and by mother’s region of residence;
\n\n(b) deaths by age, by sex, by year of birth, by\nregion of residence, by country of birth, by country of citizenship\nand by month of occurrence.
\nBecause demographic change affects the regions in\nvarious, different ways, Members consider it would be helpful not\nonly to compare developments at national level but also at regional\nlevel. Where regional authorities provide national authorities with\nstatistical data, Member States shall forward such data to the\nCommission (Eurostat), in order to enable it to acquire a more\ndetailed overview of the demographic situation in the\nUnion.
\nAs the regulation does not regulate the frequency\nof data, it needs to be ensured that the authorities are not\nforced to deliver data so frequently that is unrealistic or cannot\nreasonably be expected. The Commission shall therefore adopt\nimplementing acts laying down uniform conditions for the\nbreakdown of data, as well as to the frequency, deadlines and\nrevisions of data. Those implementing acts shall be adopted in\naccordance with the examination procedure.
\nReference time: Members\nclarify the reference time for population data. This shall be the\nend of the reference period (midnight on 31 December). The\nreference period for vital events data shall be the calendar\nyear in which the events occurred. The\nfirst reference period to be taken into account for the purposes of\nthis regulation shall be 2013. The last reference period shall be\n2027.
\nReview clause: Members\nhave inserted an amendment making provision for a review clause.\nThe Commission shall submit a report to the\nEuropean Parliament and to the Council on the implementation\nof the Regulation by 31 December 2018, and every five years\nthereafter. In that report, the Commission shall evaluate the\nquality of the data transmitted by Member States. The report shall,\nif appropriate, be accompanied by proposals designed to further\nimprove the functioning of the Regulation.
\nThe European Parliament adopted amendments to\nthe proposal for a Regulation of the European Parliament and of the\nCouncil on European statistics on demography. The matter was\nreferred back to the committee responsible for reexamination.\nThe vote on the legislative resolution is postponed until a later\nplenary session.
\nThe main amendments adopted in plenary are as\nfollows:
\nParliament adds a recital citing the strategic\nobjective of the Beijing Platform for Action (1995) which\nprovides a reference framework for the generation and\ndissemination of gender-disaggregated data and information, for\nplanning and policy evaluation reasons.
\nDefinitions: Parliament\nclarifies the definitions in Article 2 of the proposal:
\nParliament adds a new subparagraph stipulating that\nthe \"usually resident population\" shall be estimated from\nthe legal or registered population, using scientifically-based,\nwell-documented, and publicly-available statistical estimation\nmethods that are monitored by the Commission (Eurostat).
\nScope: the statistical\ndata to be provided by Member States shall cover the following\nvariables: age, sex and region of residence. Parliament also\nintroduces into the text a specific mention of the role of other\nrelevant national and regional authorities in the development,\nproduction and dissemination of European statistics.
\nData on population and vital events: Member States shall provide the Commission (Eurostat)\nwith data on vital events that occurred during the reference\nperiod. The data provided shall cover the following\nvariables:
\n\n(a) live births by sex, by month of occurrence,\nby live birth-order, by mother’s age, by mother’s year of\nbirth, by mother’s country of birth, by mother’s country\nof citizenship and by mother’s region of residence;
\n\n(b) deaths by age, by sex, by year of birth, by\nregion of residence, by country of birth, by country of citizenship\nand by month of occurrence.
\nBecause demographic change affects the regions in\nvarious, different ways, Parliament considers it would be\nhelpful not only to compare developments at national level but also\nat regional level. Where regional authorities provide national\nauthorities with statistical data, Member States shall forward such\ndata to the Commission (Eurostat), in order to enable it to acquire\na more detailed overview of the demographic situation in the\nUnion.
\nAs the regulation does not regulate the frequency\nof data, it needs to be ensured that the authorities are not\nforced to deliver data so frequently that is unrealistic or cannot\nreasonably be expected. The Commission shall therefore adopt\nimplementing acts laying down uniform conditions for the\nbreakdown of data, as well as to the frequency, deadlines and\nrevisions of data. Those implementing acts shall be adopted in\naccordance with the examination procedure.
\nReference time: Members\nclarify the reference time for population data. This shall\nbe the end of the reference period (midnight on 31 December). The\nreference period for vital events data shall be the calendar\nyear in which the events occurred. The first reference period to be\ntaken into account for the purposes of this regulation shall be\n2013. The last reference period shall be 2027.
\nReview clause: Parliament has inserted an amendment making provision\nfor a review clause. The Commission shall submit a report to the\nEuropean Parliament and to the Council on the implementation of the\nRegulation by 31 December 2018, and every five years thereafter. In\nthat report, the Commission shall evaluate the quality of the data\ntransmitted by Member States. The report shall, if appropriate, be\naccompanied by proposals designed to further improve the\nfunctioning of the Regulation.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nThe Committee on Employment and Social Affairs adopted\nthe report by Csaba SOGOR (EPP, RO) on\nthe proposal for a Regulation of the European Parliament and of the\nCouncil on European statistics on demography.
\nThe committee recommends that the position of the\nEuropean Parliament adopted in first reading following the ordinary\nlegislative procedure should amend the Commission proposal as\nfollows:
\nMembers add a recital citing the strategic objective\nof the Beijing Platform for Action (1995) which provides a\nreference framework for the generation and dissemination of\ngender-disaggregated data and information, for planning and\npolicy evaluation reasons.
\nDefinitions: Members clarify the definitions in\nArticle 2 of the proposal.
\nScope: the statistical\ndata to be provided by Member States shall cover the following\nvariables: age, sex and residence. Members also introduce\ninto the text a specific mention of the role of other relevant\nnational and regional authorities in the development,\nproduction and dissemination of European statistics.
\nData on population and vital events: Member States shall provide the Commission (Eurostat)\nwith data on vital events that occurred during the reference\nperiod. The data provided shall cover the following\nvariables:
\n\n(a) live births by sex, by month of occurrence,\nby live birth-order, by mother’s age, by mother’s year of\nbirth, by mother’s country of birth, by mother’s country\nof citizenship and by mother’s region of residence;
\n\n(b) deaths by age, by sex, by year of birth, by\nregion of residence, by country of birth, by country of citizenship\nand by month of occurrence.
\nBecause demographic change affects the regions in\nvarious, different ways, Members consider it would be helpful not\nonly to compare developments at national level but also at regional\nlevel. Where regional authorities provide national authorities with\nstatistical data, Member States shall forward such data to the\nCommission (Eurostat), in order to enable it to acquire a more\ndetailed overview of the demographic situation in the\nUnion.
\nAs the regulation does not regulate the frequency\nof data, it needs to be ensured that the authorities are not\nforced to deliver data so frequently that is unrealistic or cannot\nreasonably be expected. The Commission shall therefore adopt\nimplementing acts laying down uniform conditions for the\nbreakdown of data, as well as to the frequency, deadlines and\nrevisions of data. Those implementing acts shall be adopted in\naccordance with the examination procedure.
\nReference time: Members\nclarify the reference time for population data. This shall be the\nend of the reference period (midnight on 31 December). The\nreference period for vital events data shall be the calendar\nyear in which the events occurred. The\nfirst reference period to be taken into account for the purposes of\nthis regulation shall be 2013. The last reference period shall be\n2027.
\nReview\nclause: Members have inserted an\namendment making provision for a review clause. The Commission shall submit a report to the European\nParliament and to the Council on the implementation of the\nRegulation by 31 December 2018, and every five years thereafter. In\nthat report, the Commission shall evaluate the quality of the data\ntransmitted by Member States. The report shall, if appropriate, be\naccompanied by proposals designed to further improve the\nfunctioning of the Regulation.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nPURPOSE: to establish a common framework for the\nsystematic production of European Union statistics on\ndemography.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nBACKGROUND: due to increasing and complex demographic\nchallenges, a clear need for common legislation at European level\non the subject of demographic statistics has emerged. The\nEuropean Commission needs high quality information on the\npopulation and vital events linked to the population in the\nUnion.
\nAnnual statistical data on demography are fundamental\nfor the study and definition of a wide range of policies, with\nparticular regard to social and economic issues, at national and\nregional level. Statistics on population are an important\ndenominator for a wide range of policy indicators. Demographic\nstatistics on population constitute an essential component for the\nestimation of total population in the framework of the European\nSystem of Accounts (ESA).
\nIn order to ensure the quality, and in particular the\ncomparability, of the data provided by the Member States, and in\norder for reliable overviews to be drawn up at European Union\nlevel, the data used should be based on the same concepts and refer\nto the same reference date or period. Moreover, the information on\ndemography should be consistent with the relevant information\ncollected pursuant Regulation (EC) No 862/2007 on Community\nstatistics on migration and international protection and Regulation\n(EC) No 763/2008 on population and housing censuses.
\nIMPACT ASSESSMENT: the proposed framework for European Union statistics on\ndemography ensures that the data are timely, more coherent,\ncomparable, consistent and thus more relevant for users at both\nEuropean and national levels, in particular with the aim of\ncounting each resident/birth/death only once in the\nstatistics.
\nLEGAL BASIS: Article 338(1) of the TFEU.
\nCONTENT: the objective of this Regulation is to\nestablish a common framework for the systematic production of\nEuropean Union statistics on demography, through the\ncollection, compilation, processing and transmission by the Member\nStates of harmonised European statistics on population and vital\nevents.
\nThe aim of the proposal is to harmonise concepts,\nsubjects covered and characteristics of the required information,\ncoverage, quality criteria and reporting deadlines and results, to\nachieve relevant, timely, comparable and coherent European\nstatistics.
\nThe Member States will compile the data using their\nown national sources and practices, but are obliged to ensure the\nquality of the data and metadata transmitted, and to ensure that\nthe chosen data sources and methodology meet common definitions.\nThe Member States have to report on the data sources, definitions\nand estimation methods used to fulfil the obligations and must\nprovide information on any changes thereto. They shall provide\nEurostat with all the information necessary to evaluate the quality\nof the statistical information.
\nThis Regulation ensures the right to respect for\nprivate and family life and to the protection of personal data, as\nset out in Articles 7 and 8 of the Charter of Fundamental Rights of\nthe European Union.
\nBUDGETARY IMPLICATION: The proposal has no implication\nfor the Union budget.
\nThe Committee on\nConstitutional Affairs adopted the report by Carlo CASINI (EPP, IT)\non the amendment of Parliament's Rules of Procedure following the\nestablishment by the European Parliament and the Commission of\na joint transparency register.
\nFollowing the ratification\nof the Lisbon Treaty, Parliament's powers have been strengthened\nand it is now co-legislator in almost all areas under the ordinary\nlegislative procedure. As a result, it is the focus of attention of\nan even larger number of lobbyists.
\nIn the light of these\ndevelopments and against this constitutional background, and in\nkeeping with their commitment to transparency, Parliament and the\nCommission have agreed to establish and maintain a joint register\nin order to keep a list of the names of and exercise scrutiny over\nthe organisations and individuals who take part in the drafting and\nimplementation of EU policies. The register will be established and\nkept on the basis of the existing arrangements introduced by\nParliament in 1996 and by the Commission in June 2008.
\nHaving regard to the\ndecision of the Conference of Presidents of 18 November 2010, the\ncommittee proposes to amend its Rules of Procedure as shown\nbelow:
\nThe European Parliament\ndecided to amend its Rules of Procedure following the establishment\nby the European Parliament and the Commission of a joint\ntransparency register.
\nThe main amendments are as\nfollows:
\nThe Committee on\nConstitutional Affairs adopted the report by Carlo CASINI (EPP, IT)\non the amendment of Parliament's Rules of Procedure following the\nestablishment by the European Parliament and the Commission of\na joint transparency register.
\nFollowing the ratification\nof the Lisbon Treaty, Parliament's powers have been strengthened\nand it is now co-legislator in almost all areas under the ordinary\nlegislative procedure. As a result, it is the focus of attention of\nan even larger number of lobbyists.
\nIn the light of these\ndevelopments and against this constitutional background, and in\nkeeping with their commitment to transparency, Parliament and the\nCommission have agreed to establish and maintain a joint register\nin order to keep a list of the names of and exercise scrutiny over\nthe organisations and individuals who take part in the drafting and\nimplementation of EU policies. The register will be established and\nkept on the basis of the existing arrangements introduced by\nParliament in 1996 and by the Commission in June 2008.
\nHaving regard to the\ndecision of the Conference of Presidents of 18 November 2010, the\ncommittee proposes to amend its Rules of Procedure as shown\nbelow:
\nThe European Parliament\ndecided to amend its Rules of Procedure following the establishment\nby the European Parliament and the Commission of a joint\ntransparency register.
\nThe main amendments are as\nfollows:
\nThe Committee on Constitutional Affairs adopted the\nreport drafted by Carlo CASINI (EPP, IT) approving the conclusion\nof an interinstitutional agreement between the European Parliament\nand the Commission on a common Transparency Register.
\nThe committee regards the agreement as an important\nfirst step towards greater transparency and intends to propose\nin due course that standards be raised so as to ensure the\nconsistent integrity of the public administration of the Union and\nthe strengthening of its institutional rules.
\nMembers are of the opinion that the agreement will\nprovide a strong incentive for registration since it will render it\nimpossible for anyone to procure a badge giving access to\nParliament without first registering. They repeat, however, their\ncall for the mandatory registration of all lobbyists on the\nTransparency Register and call for the necessary steps to be taken\nin the framework of the forthcoming review process in order to\nprepare for a transition to mandatory registration.
\nParliament retains its unfettered right to decide who\nshould be permitted to access its premises.
\nMembers welcome, in particular, the following aspects\ncontained in the agreement:
\nLastly, regretting that the Council has not yet become\na party to the agreement, Members call on the Council to join the\ncommon register as soon as possible.
\nThe European Parliament\napproved the conclusion of the interinstitutional agreement between\nthe European Parliament and the Commission on a common Transparency\nRegister.
\nMembers regards the\nagreement as an important first step towards greater\ntransparency and intend to propose in due course that standards\nbe raised so as to ensure the consistent integrity of the public\nadministration of the Union and the strengthening of its\ninstitutional rules.
\nParliament is of the\nopinion that the agreement will provide a strong incentive for\nregistration since it will render it impossible for anyone to\nprocure a badge giving access to Parliament without first\nregistering. It repeats, however, the call for the mandatory\nregistration of all lobbyists on the Transparency Register and\ncalls for the necessary steps to be taken in the framework of the\nforthcoming review process in order to prepare for a transition to\nmandatory registration.
\nParliament retains its\nunfettered right to decide who should be permitted to access its\npremises.
\nMembers welcome, in\nparticular, the following aspects contained in the\nagreement:
\nThe Bureau is requested to\ndevise a system whereby all lobbyists who fall within the\nscope of the register and who have obtained a meeting with a\nrelevant Member about a specific legislative dossier are recorded\nas having done so in the explanatory memorandum to the report or\nrecommendation relating to the relevant draft legislative\nact.
\nRegretting that the Council\nhas not yet become a party to the agreement, Members call on the\nCouncil to join the common register as soon as possible.
\nThe register shall include\nthe following:
\na) \na set of guidelines on: (i) the scope of the\nregister, eligible activities and exemptions; (ii) sections open to\nregistration (Annex 1); (iii) information required from\nregistrants, including the financial disclosure requirements (Annex\n2);
\nb) \na code of conduct (Annex 3);
\nc) \na complaint mechanism and measures to be applied\nin the event of non-compliance with the code of conduct, including\nthe procedure for the investigation and treatment of complaints\n(Annex 4).
\nThe scope of the\nregister covers all activities\ncarried out with the objective of directly or indirectly\ninfluencing the formulation or implementation of policy and the\ndecision-making processes of the EU institutions, irrespective of\nthe channel or medium of communication used, for example\noutsourcing, media, contracts with professional intermediaries,\nthink-tanks, platforms, forums, campaigns and grassroots\ninitiatives. These activities include, inter alia, contacting\nMembers, officials or other staff of the EU institutions,\npreparing, circulating and communicating letters, information\nmaterial or discussion papers and position papers, and organising\nevents, meetings or promotional activities and social events or\nconferences, invitations to which have been sent to Members,\nofficials or other staff of the EU institutions.
\nVoluntary contributions and\nparticipation in formal consultations on envisaged EU legislative\nor other legal acts and other open consultations are also\nincluded.
\nThe activities excluded\nfrom the scope of the register are as follows:
\nPURPOSE: to reach an\ninterinstitutional agreement on the establishment of a common\ntransparency register for European lobbyists.
\nINTERINSTITUTIONAL\nAGREEMENT: agreement between the European Parliament and the\nEuropean Commission on the establishment of a transparency register\nfor organisations and self-employed individuals engaged in EU\npolicy-making and policy implementation.
\nCONTENT: this text seeks to\nestablish a transparency register common to the three institutions\nfor the registration and monitoring of organisations and\nself-employed individuals engaged in EU policy-making and policy\nimplementation.
\nPrinciples of the\nregister: the establishment and\noperation of the register shall respect the general principles of\nUnion law, including the principles of proportionality and\nnon-discrimination. The establishment and operation of the register\nshall respect the rights of Members of the European Parliament to\nexercise their parliamentary mandate without restriction, and shall\nnot impede access for Members' constituents to the European\nParliament's premises. The establishment and operation of the\nregister shall not impinge on the competences or prerogatives of\nthe parties hereto or affect their respective organisational\npowers. The parties hereto shall strive to treat all operators\nengaged in similar activities in a similar manner, and to allow for\na level playing-field for the registration of lobbyists.
\nStructure of the\nregister: guidelines are laid down in\nregard to i)the scope of the register, eligible activities and\nexemptions; ii) sections open to registration; iii) information\nrequired from registrants, including the financial disclosure\nrequirements. The text also includes a specific code of conduct, as\nwell as a complaint mechanism and measures to be applied in the\nevent of non-compliance with the code of conduct.
\nScope of the\nregister: the scope of the register\ncovers all activities carried out with the objective of directly or\nindirectly influencing the formulation or implementation of policy\nand the decision-making processes of the EU\ninstitutions.
\nExcluded\nactivities: the following activities\nare excluded from the scope of the register: i) activities\nconcerning the provision of legal and other professional advice;\nii) activities of the social partners as participants in the social\ndialogue (trade unions, employers associations, etc.) when\nperforming the role assigned to them in the Treaties ; iii)\nactivities in response to direct and individual requests from EU\ninstitutions or Members of the European Parliament, such as ad hoc\nor regular requests for factual information, data or expertise\nand/or individualised invitations to attend public hearings or to\nparticipate in the workings of consultative committees or in any\nsimilar forums.
\nChurches and religious\ncommunities, political parties, and regional, local and municipal\nauthorities are not concerned by the register. However, networks,\nplatforms or other forms of collective activity which have no legal\nstatus or legal personality but which constitute de facto a source\nof organised influence and which are engaged in activities falling\nwithin the scope of the register are expected to\nregister.
\nBasic rules applicable\nto registrants: by registering,\norganisations and individuals concerned:
\nCode of\nconduct: non-compliance with the code\nof conduct by registrants or by their representatives may lead,\nfollowing an investigation paying due respect to the principle of\nproportionality and the right of defence, to the application of\nmeasures, such as suspension or removal from the register, and, if\napplicable, withdrawal of the badges affording access to the\nEuropean Parliament issued to the persons concerned and, if\nappropriate, their organisations.
\nGeneral\nprovisions: technical implementation\nmeasures are provided for. The Secretaries-General of the European\nParliament and the European Commission shall be responsible for\nsupervision of the system and for all key operational aspects. The\nissue and control of badges affording long-term access to the\nEuropean Parliament's buildings will remain a process operated by\nthat institution. Such badges will only be issued to individuals\nrepresenting, or working for, organisations falling within the\nscope of the register where those organisations or individuals have\nregistered. However, registration shall not confer an automatic\nentitlement to such a badge.
\nThe European Council and\nthe Council are invited to join the register. Other EU\ninstitutions, bodies and agencies are encouraged to use this system\nthemselves as a reference instrument for their own interaction with\nthe organisations and self-employed individuals\nconcerned.
\nFinal\nprovisions: the switchover from the\nexisting registers of the parties hereto to the new common register\nwill take place over a transition period of 12 months from the day\nof entry into operation of the common register.
\nOnce the common register\nhas entered into operation:
\nThe common register shall\nbe subject to review no later than 2 years following its entry into\noperation.
\nThe Committee on Constitutional Affairs adopted the\nreport drafted by Carlo CASINI (EPP, IT) approving the conclusion\nof an interinstitutional agreement between the European Parliament\nand the Commission on a common Transparency Register.
\nThe committee regards the agreement as an important\nfirst step towards greater transparency and intends to propose\nin due course that standards be raised so as to ensure the\nconsistent integrity of the public administration of the Union and\nthe strengthening of its institutional rules.
\nMembers are of the opinion that the agreement will\nprovide a strong incentive for registration since it will render it\nimpossible for anyone to procure a badge giving access to\nParliament without first registering. They repeat, however, their\ncall for the mandatory registration of all lobbyists on the\nTransparency Register and call for the necessary steps to be taken\nin the framework of the forthcoming review process in order to\nprepare for a transition to mandatory registration.
\nParliament retains its unfettered right to decide who\nshould be permitted to access its premises.
\nMembers welcome, in particular, the following aspects\ncontained in the agreement:
\nLastly, regretting that the Council has not yet become\na party to the agreement, Members call on the Council to join the\ncommon register as soon as possible.
\nThe European Parliament\napproved the conclusion of the interinstitutional agreement between\nthe European Parliament and the Commission on a common Transparency\nRegister.
\nMembers regards the\nagreement as an important first step towards greater\ntransparency and intend to propose in due course that standards\nbe raised so as to ensure the consistent integrity of the public\nadministration of the Union and the strengthening of its\ninstitutional rules.
\nParliament is of the\nopinion that the agreement will provide a strong incentive for\nregistration since it will render it impossible for anyone to\nprocure a badge giving access to Parliament without first\nregistering. It repeats, however, the call for the mandatory\nregistration of all lobbyists on the Transparency Register and\ncalls for the necessary steps to be taken in the framework of the\nforthcoming review process in order to prepare for a transition to\nmandatory registration.
\nParliament retains its\nunfettered right to decide who should be permitted to access its\npremises.
\nMembers welcome, in\nparticular, the following aspects contained in the\nagreement:
\nThe Bureau is requested to\ndevise a system whereby all lobbyists who fall within the\nscope of the register and who have obtained a meeting with a\nrelevant Member about a specific legislative dossier are recorded\nas having done so in the explanatory memorandum to the report or\nrecommendation relating to the relevant draft legislative\nact.
\nRegretting that the Council\nhas not yet become a party to the agreement, Members call on the\nCouncil to join the common register as soon as possible.
\nThe register shall include\nthe following:
\na) \na set of guidelines on: (i) the scope of the\nregister, eligible activities and exemptions; (ii) sections open to\nregistration (Annex 1); (iii) information required from\nregistrants, including the financial disclosure requirements (Annex\n2);
\nb) \na code of conduct (Annex 3);
\nc) \na complaint mechanism and measures to be applied\nin the event of non-compliance with the code of conduct, including\nthe procedure for the investigation and treatment of complaints\n(Annex 4).
\nThe scope of the\nregister covers all activities\ncarried out with the objective of directly or indirectly\ninfluencing the formulation or implementation of policy and the\ndecision-making processes of the EU institutions, irrespective of\nthe channel or medium of communication used, for example\noutsourcing, media, contracts with professional intermediaries,\nthink-tanks, platforms, forums, campaigns and grassroots\ninitiatives. These activities include, inter alia, contacting\nMembers, officials or other staff of the EU institutions,\npreparing, circulating and communicating letters, information\nmaterial or discussion papers and position papers, and organising\nevents, meetings or promotional activities and social events or\nconferences, invitations to which have been sent to Members,\nofficials or other staff of the EU institutions.
\nVoluntary contributions and\nparticipation in formal consultations on envisaged EU legislative\nor other legal acts and other open consultations are also\nincluded.
\nThe activities excluded\nfrom the scope of the register are as follows:
\nPURPOSE: to reach an\ninterinstitutional agreement on the establishment of a common\ntransparency register for European lobbyists.
\nINTERINSTITUTIONAL\nAGREEMENT: agreement between the European Parliament and the\nEuropean Commission on the establishment of a transparency register\nfor organisations and self-employed individuals engaged in EU\npolicy-making and policy implementation.
\nCONTENT: this text seeks to\nestablish a transparency register common to the three institutions\nfor the registration and monitoring of organisations and\nself-employed individuals engaged in EU policy-making and policy\nimplementation.
\nPrinciples of the\nregister: the establishment and\noperation of the register shall respect the general principles of\nUnion law, including the principles of proportionality and\nnon-discrimination. The establishment and operation of the register\nshall respect the rights of Members of the European Parliament to\nexercise their parliamentary mandate without restriction, and shall\nnot impede access for Members' constituents to the European\nParliament's premises. The establishment and operation of the\nregister shall not impinge on the competences or prerogatives of\nthe parties hereto or affect their respective organisational\npowers. The parties hereto shall strive to treat all operators\nengaged in similar activities in a similar manner, and to allow for\na level playing-field for the registration of lobbyists.
\nStructure of the\nregister: guidelines are laid down in\nregard to i)the scope of the register, eligible activities and\nexemptions; ii) sections open to registration; iii) information\nrequired from registrants, including the financial disclosure\nrequirements. The text also includes a specific code of conduct, as\nwell as a complaint mechanism and measures to be applied in the\nevent of non-compliance with the code of conduct.
\nScope of the\nregister: the scope of the register\ncovers all activities carried out with the objective of directly or\nindirectly influencing the formulation or implementation of policy\nand the decision-making processes of the EU\ninstitutions.
\nExcluded\nactivities: the following activities\nare excluded from the scope of the register: i) activities\nconcerning the provision of legal and other professional advice;\nii) activities of the social partners as participants in the social\ndialogue (trade unions, employers associations, etc.) when\nperforming the role assigned to them in the Treaties ; iii)\nactivities in response to direct and individual requests from EU\ninstitutions or Members of the European Parliament, such as ad hoc\nor regular requests for factual information, data or expertise\nand/or individualised invitations to attend public hearings or to\nparticipate in the workings of consultative committees or in any\nsimilar forums.
\nChurches and religious\ncommunities, political parties, and regional, local and municipal\nauthorities are not concerned by the register. However, networks,\nplatforms or other forms of collective activity which have no legal\nstatus or legal personality but which constitute de facto a source\nof organised influence and which are engaged in activities falling\nwithin the scope of the register are expected to\nregister.
\nBasic rules applicable\nto registrants: by registering,\norganisations and individuals concerned:
\nCode of\nconduct: non-compliance with the code\nof conduct by registrants or by their representatives may lead,\nfollowing an investigation paying due respect to the principle of\nproportionality and the right of defence, to the application of\nmeasures, such as suspension or removal from the register, and, if\napplicable, withdrawal of the badges affording access to the\nEuropean Parliament issued to the persons concerned and, if\nappropriate, their organisations.
\nGeneral\nprovisions: technical implementation\nmeasures are provided for. The Secretaries-General of the European\nParliament and the European Commission shall be responsible for\nsupervision of the system and for all key operational aspects. The\nissue and control of badges affording long-term access to the\nEuropean Parliament's buildings will remain a process operated by\nthat institution. Such badges will only be issued to individuals\nrepresenting, or working for, organisations falling within the\nscope of the register where those organisations or individuals have\nregistered. However, registration shall not confer an automatic\nentitlement to such a badge.
\nThe European Council and\nthe Council are invited to join the register. Other EU\ninstitutions, bodies and agencies are encouraged to use this system\nthemselves as a reference instrument for their own interaction with\nthe organisations and self-employed individuals\nconcerned.
\nFinal\nprovisions: the switchover from the\nexisting registers of the parties hereto to the new common register\nwill take place over a transition period of 12 months from the day\nof entry into operation of the common register.
\nOnce the common register\nhas entered into operation:
\nThe common register shall\nbe subject to review no later than 2 years following its entry into\noperation.
\nThe Committee on\nConstitutional Affairs adopted the report drafted by Carlo CASINI\n(EPP, IT) on the amendment of Rule 51 of Parliament's Rules of\nProcedure on procedures with joint committee meetings.
\nHaving regard to the letter\nof 11 March 2010 from the chair of the Conference of Committee\nChairs and to the letter of 25 March 2010 from the chair of the\nCommittee on the Environment, Public Health and Food Safety, the\ncommittee proposes that Parliament should amend Rule 51 of its\nRules of Procedure as follows:
\nWhen a question of\ncompetence is referred to it pursuant to Rule 188(2), the\nConference of Presidents may decide that the procedure with joint\nmeetings of committees and a joint vote is to be applied, provided\nthat:
\nIn that event, the\nrespective rapporteurs shall draw up a single draft report,\nwhich shall be examined and voted on by the committees concerned,\nunder the joint chairmanship of the committee Chairs.
\nAt all stages of the\nprocedure, the rights attaching to the status of committee\nresponsible may be exercised by the committees concerned only when\nacting jointly. The committees involved may set up working groups\nto prepare the meetings and votes.
\nAt the second-reading stage\nof the ordinary legislative procedure, the Council position shall\nbe considered at a joint meeting of the committees concerned,\nwhich, should no agreement be reached between their Chairs, shall\nbe held on the Wednesday of the first week set aside for meetings\nof parliamentary bodies following the communication of the\nCouncil's position to Parliament. Should no agreement be reached on\nthe convening of a further meeting, any such meeting shall be\nconvened by the Chair of the Conference of Committee Chairs. The\nvote on the recommendation for second reading shall be taken at a\njoint meeting on the basis of a joint text drafted by the\nrespective rapporteurs of the committees concerned or, in the\nabsence of a joint text, on the basis of the amendments tabled in\nthe committees concerned.
\nAt the third-reading stage\nof the ordinary legislative procedure, the Chairs and rapporteurs\nof the committees concerned shall be ex officio members of the\ndelegation to the Conciliation Committee.
\nThe European Parliament\ndecided to amend Rule 51 of its Rules of Procedure on procedures\nwith joint committee meetings:
\n1. When a question of\ncompetence is referred to it pursuant to Rule 188(2), the\nConference of Presidents may decide that the procedure with joint\nmeetings of committees and a joint vote is to be applied, provided\nthat:
\n2. In that event, the\nrespective rapporteurs shall draw up a single draft report, which\nshall be examined and voted on by the committees concerned, under\nthe joint chairmanship of the committee Chairs.
\nAt all stages of the\nprocedure, the rights attaching to the status of committee\nresponsible may be exercised by the committees concerned only when\nthey are acting jointly. The committees involved may set up working\ngroups to prepare the meetings and votes.
\n3. At the second-reading\nstage of the ordinary legislative procedure, the Council position\nshall be considered at a joint meeting of the committees concerned,\nwhich, should no agreement be reached between their Chairs, shall\nbe held on the Wednesday of the first week set aside for meetings\nof parliamentary bodies following the communication of the\nCouncil's position to Parliament. Should no agreement be reached on\nthe convening of a further meeting, any such meeting shall be\nconvened by the Chair of the Conference of Committee Chairs. The\nvote on the recommendation for second reading shall be taken at a\njoint meeting on the basis of a joint text drafted by the\nrespective rapporteurs of the committees concerned or, in the\nabsence of a joint text, on the basis of the amendments tabled in\nthe committees concerned.
\nAt the third-reading stage\nof the ordinary legislative procedure, the Chairs and rapporteurs\nof the committees concerned shall be ex officio members of the\ndelegation to the Conciliation Committee.
\nThe European Pariament\npoints out that the amendment will enter into force on the first\nday of the next part-session.
\nThe Committee on\nConstitutional Affairs adopted the report drafted by Carlo CASINI\n(EPP, IT) on the amendment of Rule 51 of Parliament's Rules of\nProcedure on procedures with joint committee meetings.
\nHaving regard to the letter\nof 11 March 2010 from the chair of the Conference of Committee\nChairs and to the letter of 25 March 2010 from the chair of the\nCommittee on the Environment, Public Health and Food Safety, the\ncommittee proposes that Parliament should amend Rule 51 of its\nRules of Procedure as follows:
\nWhen a question of\ncompetence is referred to it pursuant to Rule 188(2), the\nConference of Presidents may decide that the procedure with joint\nmeetings of committees and a joint vote is to be applied, provided\nthat:
\nIn that event, the\nrespective rapporteurs shall draw up a single draft report,\nwhich shall be examined and voted on by the committees concerned,\nunder the joint chairmanship of the committee Chairs.
\nAt all stages of the\nprocedure, the rights attaching to the status of committee\nresponsible may be exercised by the committees concerned only when\nacting jointly. The committees involved may set up working groups\nto prepare the meetings and votes.
\nAt the second-reading stage\nof the ordinary legislative procedure, the Council position shall\nbe considered at a joint meeting of the committees concerned,\nwhich, should no agreement be reached between their Chairs, shall\nbe held on the Wednesday of the first week set aside for meetings\nof parliamentary bodies following the communication of the\nCouncil's position to Parliament. Should no agreement be reached on\nthe convening of a further meeting, any such meeting shall be\nconvened by the Chair of the Conference of Committee Chairs. The\nvote on the recommendation for second reading shall be taken at a\njoint meeting on the basis of a joint text drafted by the\nrespective rapporteurs of the committees concerned or, in the\nabsence of a joint text, on the basis of the amendments tabled in\nthe committees concerned.
\nAt the third-reading stage\nof the ordinary legislative procedure, the Chairs and rapporteurs\nof the committees concerned shall be ex officio members of the\ndelegation to the Conciliation Committee.
\nThe European Parliament\ndecided to amend Rule 51 of its Rules of Procedure on procedures\nwith joint committee meetings:
\n1. When a question of\ncompetence is referred to it pursuant to Rule 188(2), the\nConference of Presidents may decide that the procedure with joint\nmeetings of committees and a joint vote is to be applied, provided\nthat:
\n2. In that event, the\nrespective rapporteurs shall draw up a single draft report, which\nshall be examined and voted on by the committees concerned, under\nthe joint chairmanship of the committee Chairs.
\nAt all stages of the\nprocedure, the rights attaching to the status of committee\nresponsible may be exercised by the committees concerned only when\nthey are acting jointly. The committees involved may set up working\ngroups to prepare the meetings and votes.
\n3. At the second-reading\nstage of the ordinary legislative procedure, the Council position\nshall be considered at a joint meeting of the committees concerned,\nwhich, should no agreement be reached between their Chairs, shall\nbe held on the Wednesday of the first week set aside for meetings\nof parliamentary bodies following the communication of the\nCouncil's position to Parliament. Should no agreement be reached on\nthe convening of a further meeting, any such meeting shall be\nconvened by the Chair of the Conference of Committee Chairs. The\nvote on the recommendation for second reading shall be taken at a\njoint meeting on the basis of a joint text drafted by the\nrespective rapporteurs of the committees concerned or, in the\nabsence of a joint text, on the basis of the amendments tabled in\nthe committees concerned.
\nAt the third-reading stage\nof the ordinary legislative procedure, the Chairs and rapporteurs\nof the committees concerned shall be ex officio members of the\ndelegation to the Conciliation Committee.
\nThe European Pariament\npoints out that the amendment will enter into force on the first\nday of the next part-session.
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nThe Council decided\nto forward to the European Parliament its position regarding a new\ndraft interinstitutional agreement between the European Parliament,\nCouncil and the Commission on cooperation in budgetary matters. It\nalso decided to transmit for approval a draft Council Regulation laying down the\nmultiannual financial framework for the years\n2007-2013. Together, these texts\nseek to take into account the wish expressed by the European\nParliament to maintain a certain degree of flexibility in the\nmanagement of the multiannual financial framework by providing\nfor contingency margin of 0.03% of Gross National Income which can\nbe used, as a last resort, to fill spending gaps or needs in the EU\nbudget if money cannot be found elsewhere.
\nComprising three\nparts, the main aspects of the draft interinstitutional agreement\nmay be summarised as follows:
\n\n· \nPart I: Complementary\nprovisions related to the financial framework and special\ninstruments,
\n\n· \nPart II: Improvement\nof interinstitutional collaboration during the budgetary procedure,\nand
\n\n· \nPart III: Sound\nfinancial management of EU funds.
\nPart\nI: the provisions\ncontained in this part of the draft interinstitutional agreement\n(IIA) relate to complementary information to be provided relating\nto operations not included in the general budget of the EU and the\nforeseeable development of the various categories of the Union's\nown resources. They involve the requirement for the Commission to\nupdate the forecasts for payment appropriations after\n2013.
\nThe other element of\nthis part of the IIA relates to the special budgetary instruments\nwhich are:
\n\n· \nthe Emergency\nAid Reserve,
\n\n· \nthe European Union\nSolidarity Fund,
\n\n· \nthe Flexibility\nInstrument,
\n\n· \nthe European\nGlobalisation Adjustment Fund, and
\n\n· \nthe Contingency\nMargin.
\nIt details in\nparticular the procedures for mobilising these various instruments.\nAs far as the Contingency Margin is concerned, it is\nstipulated that its mobilisation shall be proposed by the\nCommission only after a thorough analysis of all other financial\npossibilities. Its mobilisation would be accompanied by a proposal\nfor reallocation, by a significant amount as supported by the\nanalysis, within the existing budget. The Contingency Margin would\nbe mobilised by the Council acting on qualified majority with the\nsupport of the majority of Members of the European Parliament and\nthree-fifths of votes cast. It is specified that the use of the\nContingency Margin shall not lead to additional payment\nappropriations in 2011.
\nPart\nII: this part of the\nIIA lays down the rules relating to interinstitutional\ncollaboration during the budgetary procedure. An annex details the\nprocess, step by step, for the adoption of the budget (the relevant\ndeadlines, budgetary priorities, rules to be followed in the event\nof budgetary conciliation…). The IIA also recalls the\nprinciple of the incorporation of financial provisions in\nlegislative acts, as well as that the budgetary authority and the\nCommission undertake not to depart by more than 5% from any amount\nforeseen for acts adopted under the ordinary legislative procedure.\nFor legislative acts concerning multiannual programmes not subject\nto the ordinary legislative procedure, it is foreseen that the\nCouncil can include a financial reference which will be taken as\nillustrating the will of the legislative authority and not affect\nthe powers of the budgetary authority, as defined by the\nTFEU.
\nThere are also\nprovisions regarding the transparency of expenditures in relation\nto fisheries agreements and the common foreign and security policy\n(CFSP).
\nPart\nIII: the third part of\nthe IIA relates to the sound financial management of Union funds\nstressing, in particular, the rules regarding financial\nprogramming, the funding of agencies and new financial instruments\nof the Union (such as multiannual financial instruments designed to\nact as catalysts for public and private investors).
\nThis procedure was replaced by the\nprocedure 2011/2152(ACI).
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nThe Council decided\nto forward to the European Parliament its position regarding a new\ndraft interinstitutional agreement between the European Parliament,\nCouncil and the Commission on cooperation in budgetary matters. It\nalso decided to transmit for approval a draft Council Regulation laying down the\nmultiannual financial framework for the years\n2007-2013. Together, these texts\nseek to take into account the wish expressed by the European\nParliament to maintain a certain degree of flexibility in the\nmanagement of the multiannual financial framework by providing\nfor contingency margin of 0.03% of Gross National Income which can\nbe used, as a last resort, to fill spending gaps or needs in the EU\nbudget if money cannot be found elsewhere.
\nComprising three\nparts, the main aspects of the draft interinstitutional agreement\nmay be summarised as follows:
\n\n· \nPart I: Complementary\nprovisions related to the financial framework and special\ninstruments,
\n\n· \nPart II: Improvement\nof interinstitutional collaboration during the budgetary procedure,\nand
\n\n· \nPart III: Sound\nfinancial management of EU funds.
\nPart\nI: the provisions\ncontained in this part of the draft interinstitutional agreement\n(IIA) relate to complementary information to be provided relating\nto operations not included in the general budget of the EU and the\nforeseeable development of the various categories of the Union's\nown resources. They involve the requirement for the Commission to\nupdate the forecasts for payment appropriations after\n2013.
\nThe other element of\nthis part of the IIA relates to the special budgetary instruments\nwhich are:
\n\n· \nthe Emergency\nAid Reserve,
\n\n· \nthe European Union\nSolidarity Fund,
\n\n· \nthe Flexibility\nInstrument,
\n\n· \nthe European\nGlobalisation Adjustment Fund, and
\n\n· \nthe Contingency\nMargin.
\nIt details in\nparticular the procedures for mobilising these various instruments.\nAs far as the Contingency Margin is concerned, it is\nstipulated that its mobilisation shall be proposed by the\nCommission only after a thorough analysis of all other financial\npossibilities. Its mobilisation would be accompanied by a proposal\nfor reallocation, by a significant amount as supported by the\nanalysis, within the existing budget. The Contingency Margin would\nbe mobilised by the Council acting on qualified majority with the\nsupport of the majority of Members of the European Parliament and\nthree-fifths of votes cast. It is specified that the use of the\nContingency Margin shall not lead to additional payment\nappropriations in 2011.
\nPart\nII: this part of the\nIIA lays down the rules relating to interinstitutional\ncollaboration during the budgetary procedure. An annex details the\nprocess, step by step, for the adoption of the budget (the relevant\ndeadlines, budgetary priorities, rules to be followed in the event\nof budgetary conciliation…). The IIA also recalls the\nprinciple of the incorporation of financial provisions in\nlegislative acts, as well as that the budgetary authority and the\nCommission undertake not to depart by more than 5% from any amount\nforeseen for acts adopted under the ordinary legislative procedure.\nFor legislative acts concerning multiannual programmes not subject\nto the ordinary legislative procedure, it is foreseen that the\nCouncil can include a financial reference which will be taken as\nillustrating the will of the legislative authority and not affect\nthe powers of the budgetary authority, as defined by the\nTFEU.
\nThere are also\nprovisions regarding the transparency of expenditures in relation\nto fisheries agreements and the common foreign and security policy\n(CFSP).
\nPart\nIII: the third part of\nthe IIA relates to the sound financial management of Union funds\nstressing, in particular, the rules regarding financial\nprogramming, the funding of agencies and new financial instruments\nof the Union (such as multiannual financial instruments designed to\nact as catalysts for public and private investors).
\nThis procedure was replaced by the\nprocedure 2011/2152(ACI).
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nPURPOSE: to propose a new Interinstitutional agreement\n(IIA) revising and codifying the IIA on budgetary discipline and\nsound financial management of 2006 to take into account the entry\ninto force of the Treaty of Lisbon.
\nPROPOSED ACT: Interinstitutional agreement.
\nBACKGROUND: the practice to adopt a multiannual\nfinancial framework and provisions on the Interinstitutional\ncooperation and budgetary discipline started more than 20 years\nago. It has immensely improved and simplified the annual budget\nprocedure and cooperation between institutions and as a consequence\nincreased the budgetary discipline.
\nThe current multiannual financial framework for\n2007-2013 was agreed between institutions in May 2006 and is laid\ndown in the Interinstitutional Agreement on budgetary discipline\nand sound financial management (the IIA).
\nWith the entry into force of the TFEU, the relevant\nprovisions of the current IIA need to be codified into a Council\nRegulation laying down the multiannual financial framework (the MFF\nregulation). This codification represents an alignment of the\nprovisions of the current IIA with the requirements of the\nTreaty.
\nFor legal reasons, it is, however, neither possible\nnor feasible to transpose all provisions of the current IIA into\nthe MFF regulation. As some of the provisions of the current IIA\nbecame obsolete with the entry into force of the Lisbon Treaty,\nmany shall be incorporated in the MFF regulation, some in the revised\nFinancial Regulation and still others in an\ninterinstitutional agreement.
\nThe purpose of this proposal therefore is to take up\nthe relevant provisions from the previous IIA and to integrate in\nit a certain number of new provisions that have become necessary by\nthe practice of budgetary cooperation or by the entry into force of\nthe Treaty of Lisbon. The provisions in questions cannot be\nintegrated in the two regulations mentioned above.
\nTaking into account all the relevant provisions and\nrequirements of the Treaty in the area, the MFF proposal seeks to\nfocus on the financial framework in the strictest sense (e.g.\nannual adjustments of the financial framework, revision of the\nfinancial framework…). The remaining provisions - mainly\nissues relating to pure interinstitutional cooperation - are\nincluded in a new IIA which is the subject of this\nprocedure.
\nIt should be noted that a certain number of provisions\nincluded in the previous IIA have become obsolete (i)\nprovisions related to the distinction between compulsory and\nnon-compulsory expenditure and the maximum rate of increase, (ii)\nthe classification of expenditure, (iii) certain aspects of\ninter-institutional cooperation relating to the modification of the\nbudgetary procedure (no second reading, conciliation committee with\na deadline of 21 days, possibility for the Commission to amend the\ndraft budget up to the meeting of the conciliation committee,\netc.).
\nFor the sake of integrity, the draft MFF Regulation\nand the new IIA are presented together and should be negotiated and\nagreed as one integral package.
\nIMPACT ASSESSMENT: no impact assessment was\nundertaken.
\nLEGAL BASE: Article 295 of the Treaty on the\nFunctioning of the European Union (TFEU) - interinstitutional\nagreement.
\nCONTENT: the draft IIA takes up all the provisions of\nthe 2006 interinstitutional agreement that:
\nThe rational behind this proposal is to retain, as far\nas possible, the rules that are currently in place and which have\nproven effective, and to maintain the balance of the institutions'\npowers and roles in the budgetary procedure.
\nIntroduction: overall; the IIA's structure - in three\nparts - has been retained.
\nPart I - Financial Framework and Special\nInstruments.
\nA. Provisions related to the financial\nframework:
\nB. Provisions related to the special instruments not\nincluded I the financial framework: this relates to the provisions regarding the\nEmergency Aid Reserve, the Solidarity Fund, the\nFlexibility Instrument and the Globalisation Adjustment\nFund. These have been retained in the IIA (aims and objectives\nof instruments, amounts, respective roles of the institutions in\ntheir mobilisation). It has been observed that, under existing\npractice, the trilogue procedure has been largely avoided (in that\nthe two branches of the budgetary authority are generally in a\nposition to accept the Commission's proposal without a formal\ntrilogue), it is proposed to align the text with what is actual\npractice. The requirement to initiate the trilogue for each\nproposal to mobilise these instruments is replaced by an obligation\nto initiate the trilogue only in the case of\ndisagreement.
\nAs far as the Flexibility Instrument is\nconcerned, an amendment is proposed in regard to the presentation\nof the proposal for its mobilisation. The simplified wording would\nfacilitate the presentation of the proposal to deploy the\nFlexibility Instrument at a meeting of the conciliation committee,\nwhich would help find a compromise solution for the annual\nbudget.
\nPart II - Improvement of Interinstitutional\ncollaboration during the budgetary procedure.
\n\nA. The interinstitutional collaboration\nprocedure: the provisions on\ninterinstitutional cooperation have undergone important changes in\norder to fit in with the new budgetary procedure established by the\nTreaty. While, in the current IIA, the provisions are spread\nbetween the body of the text and Annex II, it is now proposed to\ninclude all the provisions on interinstitutional cooperation in\nthe same annex. This new annex includes the provisions of the\ncurrent procedure which remain valid and which introduce new\nrules required to ensure that the new budgetary procedure and the\nconciliation committee are operational. The description of the\nprinciples of collaboration also covers the calendar of the\nbudgetary procedure. The provisions agreed on the subject of\namending budgets in the declaration of the three institutions, of\nNovember 2009, on transitional measures have also been incorporated\nin the annex.
\n\nB. Incorporation of financial provisions in\nlegislative acts: this part has\nremained largely intact. The only changes seek to replace the\nreference to the codecision procedure by a reference to the\nordinary legislative procedure, and the reference to the EC Treaty\nby a reference to the TFEU.
\n\nC. Expenditure relating to fisheries\nagreements: it is proposed to align\nthe provisions of the current IIA on expenditure relating to\nfisheries agreements with the new budgetary rules. The changes\nproposed in the wording take account of parts of the existing text\nthat are still relevant and only relate to good cooperation and the\nfact that the institutions will be kept informed on the progress of\nthe discussions. The new wording is incorporated in the body of the\nnew IIA and replaces Annex IV of the current IIA.
\n\nD. Financing of the Common Foreign and\nSecurity Policy (CFSP): all the\nprovisions of the old IIA (except those in Article 12 of the MFF\nRegulation) have been retained in the new agreement (points 18\nand 19). The references to \"President of the Council\" or \"Council\"\nhave been replaced by \"High Representative of the Union for Foreign\nAffairs and Security Policy\", and the terms \"Council second\nreading\" by 'Conciliation committee\".
\nPart III - Sound financial management if EU\nfunds: this part reproduces the text\nof the corresponding part in the current IIA, with the exception of\npoint 45 and 47, which are obsolete. The provisions of point 44\nhave to be incorporated in the Financial Regulation and the\nappropriate basic acts relating to the Structural Funds and the\nCohesion Fund.
\n\nA. Financial programming: the provisions on financial programming are unchanged.\nThe only two minor changes involve the deletion of the reference to\nthe \"preliminary\" draft budget and the replacement of Part D of\nAnnex II on the ceilings for pilot projects and preparatory actions\nby a reference to Article 32 of the implementing rules of the\nFinancial Regulation;
\n\nB. Agencies and European\nschools: although the first part is\nidentical to the current IIA, it is proposed to insert, in the\nsecond part, the provisions approved jointly by the three\ninstitutions, on 12 November 2009, on the implementation of this\nprocedure so as to retain in this IIA a single body of rules\nregarding cooperation in the budgetary field (see INI/2009/2168);
\n\nC. New financial instruments:\nprovisions relating to new financial instruments\nhave been retained with just one change: the deletion of the\nreference to the \"preliminary\" draft budget.
\nLastly, it should be noted that a certain number of\nprovisions have been incorporate in the revised Financial\nRegulation (see initial proposal of COD/2010/0047).
\nEntry into force:it is planned that the new\nIIA will enter into force the same day as the proposed MFF\nRegulation. The new IIA will at that point replace the current\nagreement.
\nBUDGETARY IMPACT:\nthe proposal has no impact on the EU's budget.
\nThe Committee on Constitutional Affairs adopted the\nreport drafted by Carlo CASINI (EPP, IT) on the amendment of Rules\n87a and 88 of Parliament’s Rules of Procedure.
\nThe entry into force of the Lisbon Treaty brought\nabout a radically change in the comitology procedure, turning it\ninto a new system for adopting delegated acts and implementing\nacts.
\nThe revision of the Rules of Procedure entailed by\nthese changes stemming from the entry into force of the Lisbon\nTreaty also enables us to meet a request from the President of the\nEuropean Parliament for a procedure which sets out more clearly the\narrangements for the rapid approval of a delegated act or\nimplementing act.
\nThe new Rule 87a (delegated acts), in combination with\nthe new Rule 88 (implementing acts), lays down the standard\nprocedure to be followed, i.e. that involving consideration of the\nproposed delegated act or implementing act by a committee\nresponsible without associated committees or committees jointly\nresponsible. The procedure applicable in cases involving associated\ncommittees or committees jointly responsible is laid down in a new\nRule 88a.
\nDelegated acts (Rule 87a): the new rule lay down the procedure to be followed\nwhen the Commission forwards a delegated act to Parliament. The new\nrule:
\nAlthough, as a general rule, the committee responsible\ntakes the lead in triggering an objection procedure, the aim is not\nthat it should enjoy a monopoly of the right to do so. Accordingly,\nthe new rule gives the Conference of Presidents the right to\ninclude the matter on the draft agenda for the plenary sitting, on\nthe basis of a motion for a resolution tabled by a political group\nor at least 40 Members.
\nThe procedure whereby Parliament declares, prior to\nthe expiry of the deadline set in the basic legislative act, that\nit does not intend to raise objections to the delegated act needed\nto be formalised, in particular in order to enhance the legal\ncertainty of any such decision. The procedure proposed is very\nlargely based on that outlined in Rule 211 of the Rules of\nProcedure; at the same time it is made clear that a decision not to\nraise objections renders any subsequent proposal to object\ninadmissible.
\nLastly, the last point lays down the procedure for\nrevoking a delegation of powers provided for in the basic\nlegislative act.
\nImplementing acts (Rule 88): prior to the entry into force of the Lisbon Treaty,\nthe exercise of implementing powers by the Commission was governed\nby Council Decision 1999/468/EC of 28 June 1999. Regulation (EU) No\n182/2011 of the European Parliament and of the Council laying down\nthe rules and general principles concerning mechanisms for control\nby Member States of the Commission’s exercise of implementing\npowers, which was adopted on the basis of Article 291(3) TFEU, sets\nout the arrangements governing the exercise (by the Commission, or,\nin specific cases, by the Council) of the implementing powers\nprovided for by Article 291(2) TFEU.
\nAlthough the new provisions will apply immediately in\nrespect of legislative acts adopted after the entry into force of\nthe new Regulation 182/2011, during the period needed to bring the\nexisting legislation into line a number of legislative acts will\ncontinue to be covered by the regulatory procedure with scrutiny\npursuant to Article 5a of Decision 1999/468/EC.
\nParliament argues that regulatory measures with\nscrutiny should become delegated acts when the existing legislation\nis adapted, it seems more appropriate to retain terminology which\nmakes a clear distinction between implementing acts under Article\n291 TFEU and measures which, for a transitional period, are still\ncovered by the regulatory procedure with scrutiny.
\nSpecific provisions governing procedures with\nassociated committees or joint committee meetings (Rule\n88a): the incorporation of the new\nRule 88a reflects the need to take account of cases in which the\nbasic act was adopted under the procedure provided for in Rule 50\nor 51 of the Rules of Procedure. This new rule, which lays down the\nprocedure to be followed in such cases, thus supplements the\nprovisions of the preceding rules.
\nThe Committee on Constitutional Affairs adopted the\nreport drafted by Carlo CASINI (EPP, IT) on the amendment of Rules\n87a and 88 of Parliament’s Rules of Procedure.
\nThe entry into force of the Lisbon Treaty brought\nabout a radically change in the comitology procedure, turning it\ninto a new system for adopting delegated acts and implementing\nacts.
\nThe revision of the Rules of Procedure entailed by\nthese changes stemming from the entry into force of the Lisbon\nTreaty also enables us to meet a request from the President of the\nEuropean Parliament for a procedure which sets out more clearly the\narrangements for the rapid approval of a delegated act or\nimplementing act.
\nThe new Rule 87a (delegated acts), in combination with\nthe new Rule 88 (implementing acts), lays down the standard\nprocedure to be followed, i.e. that involving consideration of the\nproposed delegated act or implementing act by a committee\nresponsible without associated committees or committees jointly\nresponsible. The procedure applicable in cases involving associated\ncommittees or committees jointly responsible is laid down in a new\nRule 88a.
\nDelegated acts (Rule 87a): the new rule lay down the procedure to be followed\nwhen the Commission forwards a delegated act to Parliament. The new\nrule:
\nAlthough, as a general rule, the committee responsible\ntakes the lead in triggering an objection procedure, the aim is not\nthat it should enjoy a monopoly of the right to do so. Accordingly,\nthe new rule gives the Conference of Presidents the right to\ninclude the matter on the draft agenda for the plenary sitting, on\nthe basis of a motion for a resolution tabled by a political group\nor at least 40 Members.
\nThe procedure whereby Parliament declares, prior to\nthe expiry of the deadline set in the basic legislative act, that\nit does not intend to raise objections to the delegated act needed\nto be formalised, in particular in order to enhance the legal\ncertainty of any such decision. The procedure proposed is very\nlargely based on that outlined in Rule 211 of the Rules of\nProcedure; at the same time it is made clear that a decision not to\nraise objections renders any subsequent proposal to object\ninadmissible.
\nLastly, the last point lays down the procedure for\nrevoking a delegation of powers provided for in the basic\nlegislative act.
\nImplementing acts (Rule 88): prior to the entry into force of the Lisbon Treaty,\nthe exercise of implementing powers by the Commission was governed\nby Council Decision 1999/468/EC of 28 June 1999. Regulation (EU) No\n182/2011 of the European Parliament and of the Council laying down\nthe rules and general principles concerning mechanisms for control\nby Member States of the Commission’s exercise of implementing\npowers, which was adopted on the basis of Article 291(3) TFEU, sets\nout the arrangements governing the exercise (by the Commission, or,\nin specific cases, by the Council) of the implementing powers\nprovided for by Article 291(2) TFEU.
\nAlthough the new provisions will apply immediately in\nrespect of legislative acts adopted after the entry into force of\nthe new Regulation 182/2011, during the period needed to bring the\nexisting legislation into line a number of legislative acts will\ncontinue to be covered by the regulatory procedure with scrutiny\npursuant to Article 5a of Decision 1999/468/EC.
\nParliament argues that regulatory measures with\nscrutiny should become delegated acts when the existing legislation\nis adapted, it seems more appropriate to retain terminology which\nmakes a clear distinction between implementing acts under Article\n291 TFEU and measures which, for a transitional period, are still\ncovered by the regulatory procedure with scrutiny.
\nSpecific provisions governing procedures with\nassociated committees or joint committee meetings (Rule\n88a): the incorporation of the new\nRule 88a reflects the need to take account of cases in which the\nbasic act was adopted under the procedure provided for in Rule 50\nor 51 of the Rules of Procedure. This new rule, which lays down the\nprocedure to be followed in such cases, thus supplements the\nprovisions of the preceding rules.
\nThe Committee on Constitutional Affairs adopted the\nreport drafted by Carlo CASINI (EPP, IT) on the amendment of Rules\n87a and 88 of Parliament’s Rules of Procedure.
\nThe entry into force of the Lisbon Treaty brought\nabout a radically change in the comitology procedure, turning it\ninto a new system for adopting delegated acts and implementing\nacts.
\nThe revision of the Rules of Procedure entailed by\nthese changes stemming from the entry into force of the Lisbon\nTreaty also enables us to meet a request from the President of the\nEuropean Parliament for a procedure which sets out more clearly the\narrangements for the rapid approval of a delegated act or\nimplementing act.
\nThe new Rule 87a (delegated acts), in combination with\nthe new Rule 88 (implementing acts), lays down the standard\nprocedure to be followed, i.e. that involving consideration of the\nproposed delegated act or implementing act by a committee\nresponsible without associated committees or committees jointly\nresponsible. The procedure applicable in cases involving associated\ncommittees or committees jointly responsible is laid down in a new\nRule 88a.
\nDelegated acts (Rule 87a): the new rule lay down the procedure to be followed\nwhen the Commission forwards a delegated act to Parliament. The new\nrule:
\nAlthough, as a general rule, the committee responsible\ntakes the lead in triggering an objection procedure, the aim is not\nthat it should enjoy a monopoly of the right to do so. Accordingly,\nthe new rule gives the Conference of Presidents the right to\ninclude the matter on the draft agenda for the plenary sitting, on\nthe basis of a motion for a resolution tabled by a political group\nor at least 40 Members.
\nThe procedure whereby Parliament declares, prior to\nthe expiry of the deadline set in the basic legislative act, that\nit does not intend to raise objections to the delegated act needed\nto be formalised, in particular in order to enhance the legal\ncertainty of any such decision. The procedure proposed is very\nlargely based on that outlined in Rule 211 of the Rules of\nProcedure; at the same time it is made clear that a decision not to\nraise objections renders any subsequent proposal to object\ninadmissible.
\nLastly, the last point lays down the procedure for\nrevoking a delegation of powers provided for in the basic\nlegislative act.
\nImplementing acts (Rule 88): prior to the entry into force of the Lisbon Treaty,\nthe exercise of implementing powers by the Commission was governed\nby Council Decision 1999/468/EC of 28 June 1999. Regulation (EU) No\n182/2011 of the European Parliament and of the Council laying down\nthe rules and general principles concerning mechanisms for control\nby Member States of the Commission’s exercise of implementing\npowers, which was adopted on the basis of Article 291(3) TFEU, sets\nout the arrangements governing the exercise (by the Commission, or,\nin specific cases, by the Council) of the implementing powers\nprovided for by Article 291(2) TFEU.
\nAlthough the new provisions will apply immediately in\nrespect of legislative acts adopted after the entry into force of\nthe new Regulation 182/2011, during the period needed to bring the\nexisting legislation into line a number of legislative acts will\ncontinue to be covered by the regulatory procedure with scrutiny\npursuant to Article 5a of Decision 1999/468/EC.
\nParliament argues that regulatory measures with\nscrutiny should become delegated acts when the existing legislation\nis adapted, it seems more appropriate to retain terminology which\nmakes a clear distinction between implementing acts under Article\n291 TFEU and measures which, for a transitional period, are still\ncovered by the regulatory procedure with scrutiny.
\nSpecific provisions governing procedures with\nassociated committees or joint committee meetings (Rule\n88a): the incorporation of the new\nRule 88a reflects the need to take account of cases in which the\nbasic act was adopted under the procedure provided for in Rule 50\nor 51 of the Rules of Procedure. This new rule, which lays down the\nprocedure to be followed in such cases, thus supplements the\nprovisions of the preceding rules.
\nLa commission des\naffaires constitutionnelles a adopté le rapport de Carlo\nCASINI (PPE, IT) sur la modification des articles 87bis et\n88 du règlement du Parlement européen.
\nL'entrée en\nvigueur du Traité de Lisbonne a profondément\nmodifié la procédure de comitologie pour la\ntransformer en un nouveau système prévoyant\nl'adoption d'actes délégués et d'actes\nd'exécutions. L'adaptation du règlement du\nParlement rendue nécessaire par ces modifications permet de\ndonner suite à une demande du Président du Parlement\nvisant à prévoir une procédure clarifiant les\nmodalités d'approbation rapide d'un acte\ndélégué ou d'un acte d'exécution.
\nLe nouvel article\n87bis (actes délégués) proposé,\ntout comme d'ailleurs le nouvel article 88 (actes\nd’exécution), détermine la procédure\nà suivre dans le cas le plus général, celui\nd'une commission compétente sans commissions\nassociées ou conjointement responsable. La procédure\napplicable dans ces cas de figure étant\nprécisée dans un nouvel article 88bis.
\nActes\ndélégués (article 87bis) : le\nnouvel article fixe la procédure à suivre lorsque la\nCommission transmet au Parlement un acte\ndélégué. Le nouvel article précise:
\nSi de\nmanière générale, la commission\ncompétente au fond est en première ligne pour\ndéclencher une procédure d'objection, il ne s'agit\ntoutefois pas de conférer à cette dernière un\nquelconque monopole en la matière. C'est pourquoi le nouvel\narticle ouvre la possibilité pour la Conférence des\nprésidents d'inscrire la question au projet d'ordre du jour\nde la plénière, sur base d'une proposition de\nrésolution émanant d'un groupe politique ou de 40\ndéputés au moins.
\nLa procédure\npermettant au Parlement de déclarer, avant l'expiration du\ndélai prévu dans l'acte législatif de base,\nson intention de ne pas faire objection à l'acte\ndélégué est encadrée, notamment afin de\ndonner à la décision une certaine\nsécurité juridique. La procédure\nproposée s'inspire très largement de celle\nprévue à l'article 211 du règlement, tout en\nprévoyant qu'une décision de non-objection rend toute\nproposition d'objection ultérieure à l’acte\ndélégué irrecevable.
\nEnfin, le dernier\npoint précise la procédure de révocation d'une\ndélégation de pouvoirs prévue dans un acte de\nbase.
\nActes\nd'exécutions (article 88) : avant l'entrée en\nvigueur du Traité de Lisbonne, l'exercice des\ncompétences d'exécution par la Commission\nétait régi par la décision 1999/468/CE du\nConseil du 28 juin 1999. Le nouveau règlement (UE) n°\n182/2011 établissant les règles et principes\ngénéraux relatifs aux modalités de\ncontrôle par les États membres de l’exercice des\ncompétences d’exécution par la Commission,\nadopté sur base de l'Article 291 (3) TFUE précise les\nmodalités d'exercice (par la Commission ou, dans des cas\nspécifiques, par le Conseil) des compétences\nd'exécution prévues par l'Article 291(2) TFUE.
\nSi les nouvelles\ndispositions s'appliqueront directement pour les actes\nlégislatifs adoptés après l'entrée en\nvigueur du nouveau règlement 182/2011, il subsistera pendant\nla période nécessaire à l'alignement de la\nlégislation existante un certain nombre d'actes\nlégislatifs pour lesquels la procédure de\nréglementation avec contrôle continuera à\ndépendre de l'article 5bis de la décision\n1999/468/CE.
\nLe Parlement\nplaidant pour que les mesures de réglementation avec\ncontrôle deviennent des actes délégués\nlors de l'adaptation de la législation existante, les\ndéputés estiment plus judicieux, dans le cadre de\nl’adaptation du nouveau règlement, de maintenir une\nterminologie qui fasse clairement la différence entre les\nactes d'exécutions découlant de l'article 291 TFUE et\nles mesures qui, dans une période transitoire, restent\nrégies par la procédure de règlementation avec\ncontrôle.
\nDispositions\nspécifiques pour les procédures avec commission\nassociées ou réunions conjointes (article\n88bis) : l'introduction d'un nouvel article 88bis est\nenvisagée afin de prendre en compte les cas pour lesquels\nl'acte de base a été adopté en application de\nla procédure prévue à l'article 50 ou 51 du\nrèglement. Ce nouvel article, qui détermine la\nprocédure à suivre dans ces cas, vient donc\ncompléter les dispositions prévues aux articles\nprécédents.
\nThe Committee on Constitutional Affairs adopted the\nreport drafted by Carlo CASINI (EPP, IT) on the amendment of Rules\n87a and 88 of Parliament’s Rules of Procedure.
\nThe entry into force of the Lisbon Treaty brought\nabout a radically change in the comitology procedure, turning it\ninto a new system for adopting delegated acts and implementing\nacts.
\nThe revision of the Rules of Procedure entailed by\nthese changes stemming from the entry into force of the Lisbon\nTreaty also enables us to meet a request from the President of the\nEuropean Parliament for a procedure which sets out more clearly the\narrangements for the rapid approval of a delegated act or\nimplementing act.
\nThe new Rule 87a (delegated acts), in combination with\nthe new Rule 88 (implementing acts), lays down the standard\nprocedure to be followed, i.e. that involving consideration of the\nproposed delegated act or implementing act by a committee\nresponsible without associated committees or committees jointly\nresponsible. The procedure applicable in cases involving associated\ncommittees or committees jointly responsible is laid down in a new\nRule 88a.
\nDelegated acts (Rule 87a): the new rule lay down the procedure to be followed\nwhen the Commission forwards a delegated act to Parliament. The new\nrule:
\nAlthough, as a general rule, the committee responsible\ntakes the lead in triggering an objection procedure, the aim is not\nthat it should enjoy a monopoly of the right to do so. Accordingly,\nthe new rule gives the Conference of Presidents the right to\ninclude the matter on the draft agenda for the plenary sitting, on\nthe basis of a motion for a resolution tabled by a political group\nor at least 40 Members.
\nThe procedure whereby Parliament declares, prior to\nthe expiry of the deadline set in the basic legislative act, that\nit does not intend to raise objections to the delegated act needed\nto be formalised, in particular in order to enhance the legal\ncertainty of any such decision. The procedure proposed is very\nlargely based on that outlined in Rule 211 of the Rules of\nProcedure; at the same time it is made clear that a decision not to\nraise objections renders any subsequent proposal to object\ninadmissible.
\nLastly, the last point lays down the procedure for\nrevoking a delegation of powers provided for in the basic\nlegislative act.
\nImplementing acts (Rule 88): prior to the entry into force of the Lisbon Treaty,\nthe exercise of implementing powers by the Commission was governed\nby Council Decision 1999/468/EC of 28 June 1999. Regulation (EU) No\n182/2011 of the European Parliament and of the Council laying down\nthe rules and general principles concerning mechanisms for control\nby Member States of the Commission’s exercise of implementing\npowers, which was adopted on the basis of Article 291(3) TFEU, sets\nout the arrangements governing the exercise (by the Commission, or,\nin specific cases, by the Council) of the implementing powers\nprovided for by Article 291(2) TFEU.
\nAlthough the new provisions will apply immediately in\nrespect of legislative acts adopted after the entry into force of\nthe new Regulation 182/2011, during the period needed to bring the\nexisting legislation into line a number of legislative acts will\ncontinue to be covered by the regulatory procedure with scrutiny\npursuant to Article 5a of Decision 1999/468/EC.
\nParliament argues that regulatory measures with\nscrutiny should become delegated acts when the existing legislation\nis adapted, it seems more appropriate to retain terminology which\nmakes a clear distinction between implementing acts under Article\n291 TFEU and measures which, for a transitional period, are still\ncovered by the regulatory procedure with scrutiny.
\nSpecific provisions governing procedures with\nassociated committees or joint committee meetings (Rule\n88a): the incorporation of the new\nRule 88a reflects the need to take account of cases in which the\nbasic act was adopted under the procedure provided for in Rule 50\nor 51 of the Rules of Procedure. This new rule, which lays down the\nprocedure to be followed in such cases, thus supplements the\nprovisions of the preceding rules.
\nLa commission des\naffaires constitutionnelles a adopté le rapport de Carlo\nCASINI (PPE, IT) sur la modification des articles 87bis et\n88 du règlement du Parlement européen.
\nL'entrée en\nvigueur du Traité de Lisbonne a profondément\nmodifié la procédure de comitologie pour la\ntransformer en un nouveau système prévoyant\nl'adoption d'actes délégués et d'actes\nd'exécutions. L'adaptation du règlement du\nParlement rendue nécessaire par ces modifications permet de\ndonner suite à une demande du Président du Parlement\nvisant à prévoir une procédure clarifiant les\nmodalités d'approbation rapide d'un acte\ndélégué ou d'un acte d'exécution.
\nLe nouvel article\n87bis (actes délégués) proposé,\ntout comme d'ailleurs le nouvel article 88 (actes\nd’exécution), détermine la procédure\nà suivre dans le cas le plus général, celui\nd'une commission compétente sans commissions\nassociées ou conjointement responsable. La procédure\napplicable dans ces cas de figure étant\nprécisée dans un nouvel article 88bis.
\nActes\ndélégués (article 87bis) : le\nnouvel article fixe la procédure à suivre lorsque la\nCommission transmet au Parlement un acte\ndélégué. Le nouvel article précise:
\nSi de\nmanière générale, la commission\ncompétente au fond est en première ligne pour\ndéclencher une procédure d'objection, il ne s'agit\ntoutefois pas de conférer à cette dernière un\nquelconque monopole en la matière. C'est pourquoi le nouvel\narticle ouvre la possibilité pour la Conférence des\nprésidents d'inscrire la question au projet d'ordre du jour\nde la plénière, sur base d'une proposition de\nrésolution émanant d'un groupe politique ou de 40\ndéputés au moins.
\nLa procédure\npermettant au Parlement de déclarer, avant l'expiration du\ndélai prévu dans l'acte législatif de base,\nson intention de ne pas faire objection à l'acte\ndélégué est encadrée, notamment afin de\ndonner à la décision une certaine\nsécurité juridique. La procédure\nproposée s'inspire très largement de celle\nprévue à l'article 211 du règlement, tout en\nprévoyant qu'une décision de non-objection rend toute\nproposition d'objection ultérieure à l’acte\ndélégué irrecevable.
\nEnfin, le dernier\npoint précise la procédure de révocation d'une\ndélégation de pouvoirs prévue dans un acte de\nbase.
\nActes\nd'exécutions (article 88) : avant l'entrée en\nvigueur du Traité de Lisbonne, l'exercice des\ncompétences d'exécution par la Commission\nétait régi par la décision 1999/468/CE du\nConseil du 28 juin 1999. Le nouveau règlement (UE) n°\n182/2011 établissant les règles et principes\ngénéraux relatifs aux modalités de\ncontrôle par les États membres de l’exercice des\ncompétences d’exécution par la Commission,\nadopté sur base de l'Article 291 (3) TFUE précise les\nmodalités d'exercice (par la Commission ou, dans des cas\nspécifiques, par le Conseil) des compétences\nd'exécution prévues par l'Article 291(2) TFUE.
\nSi les nouvelles\ndispositions s'appliqueront directement pour les actes\nlégislatifs adoptés après l'entrée en\nvigueur du nouveau règlement 182/2011, il subsistera pendant\nla période nécessaire à l'alignement de la\nlégislation existante un certain nombre d'actes\nlégislatifs pour lesquels la procédure de\nréglementation avec contrôle continuera à\ndépendre de l'article 5bis de la décision\n1999/468/CE.
\nLe Parlement\nplaidant pour que les mesures de réglementation avec\ncontrôle deviennent des actes délégués\nlors de l'adaptation de la législation existante, les\ndéputés estiment plus judicieux, dans le cadre de\nl’adaptation du nouveau règlement, de maintenir une\nterminologie qui fasse clairement la différence entre les\nactes d'exécutions découlant de l'article 291 TFUE et\nles mesures qui, dans une période transitoire, restent\nrégies par la procédure de règlementation avec\ncontrôle.
\nDispositions\nspécifiques pour les procédures avec commission\nassociées ou réunions conjointes (article\n88bis) : l'introduction d'un nouvel article 88bis est\nenvisagée afin de prendre en compte les cas pour lesquels\nl'acte de base a été adopté en application de\nla procédure prévue à l'article 50 ou 51 du\nrèglement. Ce nouvel article, qui détermine la\nprocédure à suivre dans ces cas, vient donc\ncompléter les dispositions prévues aux articles\nprécédents.
\nPURPOSE : to amend Directive 93/109/EC as regards the\nrules on double voting and double candidature for EU citizens\nstanding in elections to the European Parliament and residing\nin a Member State of which they