Explanatory Memorandum to COM(2007)776 - Amendment of Council Regulation (EC) No 2223/96 on the European system of national and regional accounts in the EC as regards the implementing powers conferred on the Commission - Adaptation to the regulatory procedure with scrutiny

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1. CONTEXT OF THE PROPOSAL

1.1 Reform of comitology procedures

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission i has been amended by Council Decision 2006/512/EC of 17 July 2006 i.

Article 5a of Decision 1999/468/EC as amended introduces a new regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

1.2 Priority alignment and general alignment

In a joint Statement i, the European Parliament, the Council and the Commission set out a list of basic instruments that should be adjusted as a matter of urgency to the amended Decision so as to introduce the new regulatory procedure with scrutiny (priority alignment). For the regulatory procedure with scrutiny to be applicable to instruments adopted by codecision already in force when Decision 2006/512/EC took effect, the Statement also calls for those instruments to be adjusted in accordance with the applicable procedures (general alignment).

The Commission has undertaken to examine all these instruments with a view to submitting, by the end of 2007, the legislative proposals for adapting them, if necessary, to the new regulatory procedure with scrutiny i.

1.3 Method

As mentioned in the Commission's Communication to the European Parliament and the Council of (…), the Commission has carefully examined all the instruments adopted by codecision in order to identify those which permit the Commission to adopt measures of general scope designed to amend non-essential elements of the basic instrument in question. The Commission has identified more than 200 instruments that should be adjusted.

Some of these instruments come under the Commission's codification programme. Examples include Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community i. Adjustment to the new procedure should take place, depending on how far the codification process has progressed, either by recasting the codified proposal or, as in the present case, by legislative amendment.

2. LEGAL ASPECTS OF THE PROPOSAL

The purpose of the adjustment is to introduce the new regulatory procedure with scrutiny, as provided for in Article 5a of Decision 1999/468/EC as amended.

In the case in question, under Regulation (EC) No 2223/96 the Commission may amend the methodology of the 1995 European system of accounts and adapt the information required from Member States (new tables, countries and/or regions concerned). Since these measures of general scope are designed to amend non-essential elements of the Regulation in question or to supplement it by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Since the basic instrument is a Regulation, it musts be adjusted by means of an equivalent instrument.