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April 2013 Issue No 5
Important dates
May 29-30 – JURI meeting
June 19-20 – JURI meeting
July 8-9 – JURI meeting
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Credits and acknowledgements
European Parliament
Committee on Legal Affairs
Head of Unit: Robert Bray
Responsible Administrator: Alexander Keys
JURI website
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At this meeting
At this meeting, the morning of 29 May will be focused mainly on intellectual property law. From 9.00 to 9.30, Antonio Vitorino will present the recommendations resulting from the mediation on private copying and reprography levies. There will then be an exchange of views on the new trade mark legislation (rapporteur Cecilia Wikström) and the presention of Marielle Gallo's draft report on the collective management of copyright and multi-territorial licensing. Evelyn Regner will also present her draft own-initiative report on the further reform of the Brussels I Regulation on jurisdiction matters, specifically with reference to employment matters, as these were not addressed in last year's recast procedure. In the afternoon of that day, the committee will consider the amendments tabled to the draft report on the Common European Sales law (rapporteurs Klaus-Heiner Lehne and Luigi Berlinguer), and Sajjad Karim will lead an exchange of views on EU regulatory fitness, subsidiarity and proportionality (19th Report on Better Law-making). The committee will then consider, in camera, various matters pertaining to disputes and parliamentary immunities. The following morning, 30 May, from 9.00 to 10.00, the Committee will have the honour of hosting an exchange of views concerning the Article 255 TFEU Panel for the approval of candidates for judges' posts at the courts of the European Union. Members will be welcoming Jean-Marc Sauvé, President of the panel and Vice-President of the French Council of State, and Ana Palacio, former Chair of the Committee on Legal Affairs and member of the panel nominated by Parliament. The purpose of the exchange of views is to review the success of the panel in ensuring judicial excellence in the courts of the European Union, and the possible role of the panel in the reform of the statute of the Court of Justice. After that exchange of views, the committee will proceed to vote on a number of
exceedingly important files, including Raffaele Baldassarre's report on the European Account Preservation Order and Evelyn Regner's interim report on the European Foundation. Following the votes, Luigi Berlinguer will present his working document on the mid-term review of the Stockholm Programme in the field of judicial cooperation in civil matters, and Alexandra Thein will lead an exchange of views on a possible increase of the number of judges at the General Court of the European Union in order to address the current backlog.
Exchange of views on the operation of the Article 255 Panel Article 255 TFEU provides for a panel to screen candidates for appointment to the courts of the European Union. In the context of the reform of the Court of Justice, and the approaching end of the terms of office of the current members of the panel, the Committee on Legal Affairs will be pleased to welcome Jean-Marc Sauvé, President of the panel, and Ana Palacio, member of the panel nominated by Parliament. Topics for discussion will include the success of the panel’s operation over the last term and the issue of the possible strengthening of the panel’s role.
JURI REPORT
2
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Access of third-country goods and services to the Union's internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries
Procedure 2012/0060 (COD)
Basic doc COM(2012)0124 Rapporteur Raffaele
Baldassarre Administrator respons.
Ewa Wojtowicz
Lead Comm./ rapporteur
INTA/Daniel Caspary
PRELIMINARY TIMETABLE Consideration of draft opinion
29-30.5.2013
Deadline for amend.
4.6.2013
Consideration of amend.
20.6.2013
Adoption JURI 17.9.2013 ADOPTION PLENARY
tbd
As the Commission explains in documents accompanying its proposal, the EU advocates an ambitious opening of international public procurement markets. Some EUR 352 billion of EU public procurement is open to bidders from member countries of the WTO agreement on government procurement. However, many
third countries are reluctant to open their procurement markets to international competition. Currently, EU suppliers face manifold restrictive procurement practices in many of the countries that are the EU’s main trading partners.
All in all, more than half of the world’s procurement market is currently closed owing to protectionist measures and this share is only growing. As a result, the value of EU exports that currently find their way on to global procurement markets is only EUR 10 billion (0.08% of EU GDP) , whereas an estimated EUR 12 billion of further EU exports remains unrealised due to restrictions.
In contrast, the EU has kept its public procurement market largely open to international competition, despite growing pressure on its domestic market. With the exception of some provisions limited in scope to supply and service contracts
in the utilities sector, the EU has not exercised its power to regulate the access of foreign goods, services and companies to the EU’s public procurement market.
Given the rising importance of emerging economies, the absence of a level playing field causes many problems. This initiative is aimed at solving these problems (i) by strengthening the position of the European Union when negotiating access for EU companies to the public procurement markets of third countries, in order to open up our trading partners’ markets; and (ii) by clarifying, for this purpose, the rules governing access by third-country companies, goods and serv ices to the EU’s public procurement market.
It establishes a comprehensive EU external public procurement policy that governs the access of foreign goods and services to the EU public procurement market and includes mechanisms to encourage the EU’s trading partners to start market access discussions.
At this meeting the committee will discuss the rapporteur’s draft opinion.
3
Electronic identification and trust services for electronic transactions in the internal
market
On 4 June 2012, the Commission put forward a proposal for a regulation on electronic identification and trust services for electronic transactions in the internal market, as the last of 12 key actions proposed in the Single Market Act. The aim of the proposal is to ensure that citizens and businesses can use their national electronic identification schemes (e-IDs) to access public services in other EU countries where e-IDs are available. It also creates an internal market for e-signatures and related online trust services across borders, in particular by ensuring that these services have the same legal status as traditional paper-based processes. The proposal respects existing national systems and the preferences of those Member States without national schemes. It allows countries with e-ID to opt-in or to remain outside the European scheme. Once a Member State gives notification that it wishes to join the European scheme, it must offer the same access to public services via e-ID as it offers its own citizens. At this meeting, the rapporteur, Alajos Mészáros, will lead consideration of the 137 amendments tabled.
Procedure 2012/0146(COD) Basic doc COM(2012)0238 Legal basis Article 114 TFEU Rapporteur Alajos Mészáros Administrator respons. Susanne Knöfel Lead Comm./rapporteur ITRE/Marita
Ulvskog Associated Comm. (Rule 50)/rapporteur
IMCO/Marielle Gallo
PRELIMINARY TIMETABLE Presentation of draft opinion
24.4.2013
Deadline for Amend. 15.5.2013, noon JURI Vote 20.6.2013 IMCO Vote July 2013 ITRE Vote 18-19.9. 2013
Request for waiver of the parliamentary immunity of Małgorzata Handzlik
At the sitting of 10 September 2012, the President announced, under Rule 6(2) of the Rules of Procedure, that he had received a letter from the General Prosecutor’s Office of the Polish Republic requesting the waiver of the parliamentary immunity of Małgorzata Handzlik.
The President referred the request to the Committee on Legal Affairs under Rule 6(2).
After hearing Małgorzata Handzlik in December 2012 and April 2013, and representatives of OLAF and Parliament’s financial services in February 2013, the committee will now hold an exchange of views. The rapporteur may make a proposal to adopt a recommendation.
Procedure 2012/2238(IMM) Rapporteur Dimitar Stoyanov Administrator respons. Alexander Keys Communication to Members
77/2012 99/2012
PRELIMINARY TIMETABLE Exchange of views 26.11.2012;
18.3.2013; 29.5..2013
Hearing 17.12.2012; 20.2.2013, 24.4.2013
Adoption JURI tbd
4
Request for waiver of the parliamentary immunity of Marine Le Pen
At the sitting of 10 December 2012 the President announced, under Rule 6(2) of the Rules of Procedure, that he had received from the Chief Prosecutor at the Lyon Court of Appeal a request for the immunity of Marine Le Pen to be waived. The President referred the request to the Committee on Legal Affairs under Rule 6(2). At this meeting the committee will hold an exchange of views and give the Member concerned another opportunity to be heard.
Procedure 2012/2325(IMM) Rapporteur Cecilia Wikstrom Administrator resp. Ewa Wojtowicz Notice toMembers 13/2013 PRELIMINARY TIMETABLE Exchange of views 20.2.2013 Hearing 29.5.2013 Draft report 19.6.2013 Vote 20.6.2013
Statute for a European Foundation (FE)
On 8 February 2012 the Commission presented a proposal for a European Foundation (FE) Statute with the aim of creating a single European legal form for public benefit purpose foundations, which would be fundamentally the same in all Member States and exist in parallel with domestic foundations. The main requirements would be that each FE would need to prove its public benefit purpose and cross-border dimension and that it had the minimum founding assets of € 25 000. An FE could be either set up from scratch, by converting a national foundation or merging national foundations. An FE would acquire legal personality upon registration in a Member State. As regards taxes, FEs
would benefit from the same tax regime as applicable to domestic foundations, and donors would be entitled to the same tax benefits as if they were donating to a foundation established in their own Member State. Discussions in the Council have started. Under the relevant legal basis, Article 352 TFEU, unanimity is required in the Council and Parliament’s consent would have to be obtained. Under Rule 81(3) of the Parliament’s Rules of Procedure, the committee responsible may decide, in the interests of achieving a positive
Procedure 2012/0022 (APP) Basic doc COM(2012)0035 Legal basis Art. 352 TFEU Rapporteur Evelyn Regner (S&D) Administrator respons. Susanne Knöfel Opinion Comm./ rapporteur
CULT/Nadja Hirsch
PRELIMINARY TIMETABLE Exchange of views 17.09.2012 Hearing 26.11.2012 Consideration of draft interim report
19.3.2013
Deadline for amend. 27.3.2013 Consideration of AMs 24.4.2013 Vote 30.5.2013
outcome of the procedure, to present an interim report on the proposal to Parliament including a motion for a resolution containing recommendations for modification of the proposed act. At this meeting, the committee will vote, with a view to providing a timely input into the ongoing Council discussions.
5
Fight against fraud to the Union’s financial interests by means of criminal law
On 11 July 2012, the Commission put forward a proposal for a directive on the fight against fraud to the Union’s financial interests by means of criminal law. Its purpose is to lay down measures to prevent and fight fraud and other illegal activities in relation to the Union’s financial interests by providing for sanctions and for common definitions of offences. The Commission proposal was based on Article 325(4) of the TFEU. However, at its meeting of 27 November, the Legal Affairs Committee decided to take up on its own initiative, under Rule 37(3) of Parliament’s Rules of Procedure, the question whether it was appropriate to change the legal basis by replacing Article 325(4) TFEU by Article 83(2) TFEU. Members voted unanimously in favour of the change. LIBE and CONT are the lead committees on the file. JURI is associated under Rule 50 of the Rules of Procedure and has exclusive competence as regards the definition of ‘public official’. At this meeting, the committee will hold an initial exchange of views.
Procedure 2012/0193(COD)
Basic doc COM(2012)0363
Rapporteur Tadeusz Zwiefka Administrator respons.
Leticia Zuleta de Reales
Lead Comm
CONT/LIBE Ingeborg Gräßle/
Juan Fernando López Aguilar
PRELIMINARY TIMETABLE Exchange of views 29.5.2013 Presentation of draft opinion
9-10.7.2013
Union programme to support specific activities in the field of financial reporting and auditing for the period of 2014-2020
Decision No 716/2009/EC of the European Parliament and of the Council established a Community programme to support specific activities in the field of financial services, financial reporting and auditing. On the basis of that decision, (i) the European Financial Reporting Advisory Group (EFRAG), the European Commission’s technical adviser in accounting matters, (ii) the International Financial Reporting Standards Foundation (IFRS Foundation, the legal successor of the International Accounting Standards Committee Foundation, IASCF) and (iii) the Public Interest Oversight Board (PIOB) benefit from Union co-financing in the form of operating grants until 31 December 2013. The purpose of the proposed regulation is to renew the programme for the next financial framework (2014-2020) and enable direct contributions to the funding of the programme’s beneficiaries from the
Union budget during that period.
In addition to the amendment tabled by the rapporteur, one amendment has been tabled. At this meeting the committee will vote.
Procedure 2012/0364(COD) Basic doc COM(2012)0782 Rapporteur Dimitar Stoyanov
(n.a.) Administrator respons. Leticia Zuleta de
Reales Lead Comm./rapporteur ECON/Theodor
Dumitru Stolojan PRELIMINARY TIMETABLE Exchange of views 13.3.13 Draft opinion 24-25.4.213 Deadline for amend. 8.5.2013 Adoption JURI 30.5.2013
6
Proposal for a Council Decision authorising the Member States which are contracting parties to the Vienna Convention on civil liability for nuclear
damage of 21 May 1963 (Vienna Convention) to ratify the protocol amending that convention in the interest of the EU or to accede to it
Procedure 2012/0262(NLE) PRELIMINARY TIMETABLE Basic docs 06206/2013
COM(2012)0550 Exchange of views
26.11.2012
Rapporteur for opinion
Alajos Mészáros Consideration of draft recommendation
24.4.2013
Administrator respons.
Magnus Nordanskog Adoption JURI 30.5.2013 Adoption plenary
June 2013
The protocol, adopted on 12 September 1997 under the auspices of the International Atomic Energy Agency, to the above-cited Vienna Convention includes provisions on jurisdiction and on recognition and enforcement of judgments, which affect provisions contained in EU law, in particular the Brussels I Regulation. The Union therefore has exclusive competence over those provisions in the Protocol and the Member States cannot become contracting parties to the Protocol as far as those provisions are concerned. The Commission therefore proposed the adoption of a Council decision authorising those
Member States that are contracting parties to the Vienna Convention, and that have not yet done so, to ratify or conclude the protocol, in the interest of the European Union. On this basis, the Council has presented a draft decision to authorise Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland, and Slovakia to ratify or conclude the 1997 protocol. A similar solution was suggested in 2004 concerning the Protocol amending the 1960 Paris Convention on third-party liability in the field of nuclear energy. In accordance with Articles 81(2) and 218(6)(a) TFEU, the draft Council decision requires the consent of Parliament since the agreement concerns the mutual recognition of judgments, an area to which the ordinary legislative procedure applies according to Article 81(2)(a) TFEU. An exchange of views was held at the meeting on 26 November 2013 and the rapporteur, Alajos Mészáros, presented his draft recommendation at the meeting of 24 April 2013. At this meeting, the committee will vote.
7
Common European Sales Law
Procedure 2011/0284 (COD) PRELIMINARY TIMETABLE Basic doc COM (2011)0635 Hearing 19.3.2013 Legal basis Article 114 TFEU Deadline for
amend. 23.4.2013
Rapporteur Klaus-Heiner Lehne, Luigi Berlinguer
Consideration of amendments
29.5.2013
Administra-tor respons.
Susanne Knöfel Conference with national parliaments
10.7.2013
Opinion Comm./ Rapporteur
IMCO/Evelyne Gebhardt, Hans-Peter Mayer
(associated under Rule 50) ECON/Marianne Thyssen
Vote 16./17.9.2013
The initiative on European Contract Law, which seeks to address internal market problems created by diverging bodies of contract law, has been under discussion for many years, with Parliament most recently reacting to the Commission’s Green Paper of 1 July 2010 (COM(2010)0348) in its resolution of 8 June 2011 on policy options for progress towards a European Contract Law for consumers and businesses . On 11 October 2011, the Commission presented a proposal for a Common European Sales Law. The overall objective of the proposal is to improve the functioning of the internal market and to facilitate trade by offering a single set of rules in Member States for cross-border contracts. The proposal puts forward, in the form of a regulation, a set of contract law rules which is intended to be self-standing and to co-exist, within each Member State’s national law, alongside the pre-existing rules of national contract law, as a second contract law regime which is identical throughout the EU.
The Common European Sales Law is proposed as an optional instrument for contracts within its personal and material scope, i.e. for cross-border contracts on sales, supply of digital content and related services in B2B and B2C relations. In B2B trade the new regime is proposed for use only if one of the parties is an SME. Parties would have to agree on the use of the Common Sales Law; in B2C relations, explicit consent would be required and the consumer would receive a standard information notice summarising the main features of the Common European Sales Law. Member States could opt also to allow the Common Sales Law to be applied in domestic transactions and to B2B transactions which do not involve an SME. The Commission further aims to set up a database for the exchange of information on final judgments within Member States.
Annex I to the proposed regulation contains a set of rules which follows the life-cycle of a contract, including provisions on making a binding contract, assessing what is in the contract, obligations and remedies of the parties, damages and interest, restitution and prescription. In the accompanying communication (COM(2011)0636), the Commission commits itself to setting up, as a flanking measure, a Group of Experts in order to develop ‘European model contract terms’. In order to broadly consult with experts and stakeholders, JURI has followed an ambitious programme of events in 2012 on this file: after an initial hearing on some fundamental questions raised by the Commission’s proposal, in particular how it should function within the existing legal framework and whether its coverage and content meet the needs of its users, the committee subsequently organised, together with its Policy Department, three workshops on the main sections of Annex I to the proposal (i.e. on unfair contract terms, remedies, restitution and prescription) and a conference with representatives of national parliaments. The dialogue is being continued in 2013, with a hearing held on 19 March and a conference with representatives of national parliaments due to take place on 10 July 2013. In this meeting, the two co-rapporteurs, Luigi Berlinguer and Klaus-Heiner Lehne, will lead consideration of the 326 amendments tabled.
8
Photos from last JURI events
Vice Chair Evelyn Regner, President Vassilios Skouris of the Court of Justice, and rapporteur Alexandra Thein at the hearing on the reform of the Court of Justice on 24 April 2013
The experts invited to speak at the hearing on the reform of the Court of Justice (from left to right): Maura McGowan QC (Chairman of the Bar of England and Wales), Rosa Raffaeli and Vesna Naglič (Policy Department C), Michael Patchett-Joyce and Alfredo Calot Escobar
(Registrar of the Court of Justice).
Chair Klaus-Heiner Lehne, Alexandra Thein (Parliament observer at the Hague Conference on Private International Law) and Eva Lichtenberger (Focal Point for the Rights of the Child in the Committee on Legal Affairs) at the hearing on 'The law protecting children in Europe and worldwide: provisions
facilitating adoptions and resolving abductions' on 25 April 2013.
Laura Martínez-Mora (Hague Conference of Private International Law) and Geoffrey Shannon (Chair of the Adoptions Authority of Ireland) at the hearing on the law protecting children in Europe
9
European Account Preservation Order
The European Account Preservation Order aims to provide common rules enabling creditors to obtain account preservation orders on the basis of the same conditions, irrespective of the country where the competent court is located. It will thus reduce costs and delays for creditors seeking to obtain and enforce an account preservation order in cross-border situations.
Some key points of the new regulation are: - the protective nature of the EAPO: it would only block the debtor’s account, but would not allow money to be paid out to the creditor; - the ex parte procedure: in order to ensure the surprise effect of the account preservation order, the debtor should not be informed about the application, be heard prior to its issue or be notified of the order prior to its implementation by the bank. The rapporteur proposes to balance the rights of debtors and creditors, and in particular to strengthen the protection of debtors in the event of any ‘abuse’ of the procedure by creditors.
Procedure 2011/0204 (COD) Basic doc COM(2011)0445 Rapporteur Raffaele Baldassarre Administrator respons. Alexander Keys PRELIMINARY TIMETABLE Consideration of draft report
20/21.2.2013
Deadline for amend. 26.2.2013 Consideration of amend. 18/19.3.2013 Adoption JURI 30.5.2013 ADOPTION PLENARY tbd
At this meeting, the committee will vote, following consultations between the rapporteur and the shadow rapporteurs on compromise amendments.
Improving private international law: jurisdiction rules applicable to employment
On 12 December 2012, the new version of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and
commercial matters was signed, abolishing in particular the exequatur procedure, meaning that enforcing a judgment in another Member State will in future be a lot easier. However, the review procedure did not cover certain aspects of the rules on jurisdiction which apply to employment law, even though many scholars believe that there is a need for adjustments in this area. That is the reason why the Committee on Legal Affairs has decided to issue an own-initiative report on the question of jurisdiction in the field of employment law.
Procedure 2013/2023(INI) Basic doc Regulation (EU) No
1215/2012 Legal basis Rule 48 RoP Rapporteur Evelyn Regner Administrator respons. Alexander Keys Opinion Comm./ rapporteur
EMPL/Ria Oomen-Ruijten
PRELIMINARY TIMETABLE Presentation of draft report
29.5.2013
Deadline for amendments
14.6.2013
At this meeting, the rapporteur will present her draft, which makes a number of specific, academically defended proposals for changes
to jurisdiction rules in the field of employment law. It is proposed that the deadline for amendments be set at 14 June 2013.
10
Verification of credentials
The President has announced to the plenary that the competent national authorities have given notice of the appointment of the following as Member of the European Parliament, with effect from the date shown below:
Mr Franco BONANINI (to replace Mr
Gianluca SUSTA), as from 12 April 2013;
Mrs Isabella DE MARTINI (to replace Mr Mario MAURO), as from 12 April 2013;
Mr Fabrizio BERTOT (to replace Mr Gabriele ALBERTINI), as from 12 April 2013;
Mrs Claudette ABELA BALDACCHINO (to replace Mr Louis GRECH), as from 25 April 2013;
Mrs Marlene MIZZI (to replace Mr Edward SCICLUNA), as from 25 April 2013;
Mrs Roberta METSOLA (to replace Mr John BUSUTTIL), as from 25 April 2013.
Mr Franco FRIGO (to replace Mrs
Debora SERRACCIANI), as from 7 May 2013.
According to Rule 3 of the Rules of Procedure, on the basis of a report by the JURI Committee, Parliament 'shall verify credentials without delay and rule
Rapporteur Klaus-Heiner Lehne
Administrator respons.
Magnus Nordanskog
TIMETABLE
Exchange of views 29.5.2013 Adoption JURI 29.5.2013
on the validity of the mandate of each of its newly elected Members and also rule on any dispute referred to it pursuant to the provisions of the Act of 20 September 1976, except those based on national electoral laws'. It is not possible to confirm the validity of the mandate of a Member unless the written declarations required on the basis of Article 7 of the Act of 20 September 1976
and Annex I to the Rules of Procedure have been made. Until such time as a Member's credentials have been verified or a ruling has been given on any dispute, the Member shall take his seat in Parliament and on its bodies and 'shall enjoy all the rights attaching thereto'.
Gender Balance among non-executive directors of companies
The proposal for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges (COM(2012)0614) was presented by the Commission pursuant to Article 157(3) TFEU and has been submitted accordingly to Parliament under the ordinary legislative procedure. On a proposal from the rapporteur, Evelyn Regner, and following the agreement given by the JURI coordinators at their meeting of 15 April 2013, the Legal Affairs Committee took up, on its own initiative, under Rule
37(3) of Parliament’s Rules of Procedure, the question whether it was appropriate to put forward Article 157(3) TFEU as the legal basis for the proposal.
Procedure Rule 37 Rapporteur Evelyn Regner Administrator respons. Susanne Knöfel PRELIMINARY TIMETABLE Consideration of a legal basis 30.5.2013 Adoption JURI 30.5.2013
The Committee on Legal Affairs and the Committee on Women’s Rights and Gender Equality (FEMM) are joint committees under Rule 51 for this proposal. FEMM has decided to support the JURI own-initiative evaluation of the legal base chosen by the Commission The JURI committee will deliver its opinion at this meeting.
11
Amendment of Rule 7 of the Rules of Procedure
On 9 November 2012, the Chair of the Committee on Legal Affairs wrote to the Chair of the Committee on Constitutional Affairs, proposing an amendment to certain detailed provisions of the Rules of Procedure on immunity procedures. By letter of 5 February 2013, the Chair of the Committee on Constitutional Affairs responded, granting the request and asking the Committee on Legal Affairs, which is responsible for immunity proceedings, to issue an opinion. The rapporteur’s draft opinion proposes a number of detailed changes to the rules on immunity proceedings. In particular, the purpose of the changes is to streamline procedures by preventing those concerned by immunity proceedings from causing undue delays in the European Parliament’s decision. The proposed deadline for amendments is 3 June 2013.
Procedure 2013/2031(REG) Basic doc Rules of Procedure
of the European Parliament
Legal basis Rule 212 RoP Rapporteur Klaus-Heiner Lehne Administrator respons. Alexander Keys Lead Comm./rapporteur AFCO/Anneli
Jäätteenmäki
PRELIMINARY TIMETABLE Draft Opinion 14.5.2013
Presentation of draft opinion
30.5.2013
Deadline for amend. 3.6.2013
Adoption JURI 20.6.2013
Conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing
On 25 March 2013 the Commission adopted a proposal for a directive aimed ,at improving the provisions relating to third-country national researchers, students, school pupils, unremunerated trainees and volunteers, and applying common provisions to two new groups of third-country nationals, namely remunerated trainees and au-pairs. Its overall objective is to support social, cultural and economic relations between the EU and third countries, foster the transfer of skills and know-how and promote competitiveness while, at the same time, providing for safeguards ensuring fair treatment of these groups of third-country nationals. The rapporteur on JURI’s opinion for the Committee on Civil Liberties, Dimitar Stoyanov, will outline the proposal on 29 May to allow an exchange of views in the committee.
Procedure 2013/0081(COD) Basic doc COM(2013)0151 Rapporteur Dimitar Stoyanov Administrator respons. Kjell Sevón Lead Committee Rapporteur
LIBE Cecilia Wikström
PRELIMINARY TIMETABLE Exchange of views 29.5.2013
Draft opinion 9.7.2013
Deadline for amend. 16.7.2013 Adoption JURI 16-17.9.2013
12
Proposal for a Regulation of the European Parliament and of the Council amending the Statute of the Court of Justice of the European Union by
increasing the number of judges at the General Court
In 2011, the Court of Justice made various proposals to modernise the operation of the three courts of the European Union. As regards the General Court, the original proposal provided for an increase in the number of judges in order to cope with the increasing number of cases at that court. The figures on the General Court’s workload are very clear, and the rapporteur considers that the case for an increase in the number of judges has been made. The Council was not able to agree to the increase, mainly owing to disagreement as to the nationality of the future additional judges. As a last resort, Parliament, the Council, the Court of Justice and the Commission therefore agreed to split the proposal into two parts. The main part of the regulation has already become law.
On 17 January 2013, the rapporteur travelled to Luxembourg to discuss the situation with the Court of Justice and the General Court. Alexandra Thein’s draft report includes a novel proposal aimed at reinvigorating the debate, whereby nationality is not to be a criterion for the appointment of the additional judges – only merit is to be considered. At this meeting, the committee will consider the merits of the various solutions proposed, including in the light of the contribution from Vassilios Skouris, President of the Court of Justice, made at the hearing of 24 April 2013. The vote on the report and negotiating mandate is planned for 20 June 2013.
Procedure 2011/0901B(COD) Basic doc 02074/2011 Legal basis Articles 254(1) and
281(2) TFEU Rapporteur Alexandra Thein Administrator respons. Alexander Keys Opinion Comm./ rapporteur
AFCO/Morten Messerschmidt
PRELIMINARY TIMETABLE Exchange of views 7.9.2012,
26.11.2012, 22.1.2013
Draft report 19.3.2013 Deadline for amend. 28.3.2013 Consideration of amend. 24.4.2013 Adoption JURI 30.5.2013
Publication of timetables
Please note that you may find the timetables for the pending dossiers in the 'Publications' section of the
website. The document will be updated once a week.
13
Request for waiver of the parliamentary immunity of Jacek Olgierd Kurski
At the sitting of 4 February 2013 the President announced, under Rule 6(2) of the Rules of Procedure, that he had received from the General Prosecutor of the Republic of Poland a request for the immunity of Jacek Olgierd Kurski to be waived. The President referred the request to the Committee on Legal Affairs under Rule 6(2). At this meeting the committee will vote.
Procedure 2013/2019 (IMM) Rapporteur Cecilia Wikstrom Administrator respons. Ewa Wojtowicz Notice to Members 23/2013 PRELIMINARY TIMETABLE Draft report 29.5.2013
Vote in committee 30.5.2013 Plenary June 2013
Disputes involving Parliament
The Committee will discuss in camera: – Possible intervention by the European Parliament in Case C-209/ 13, United Kingdom v Council – Action for annulment – Council Decision 2013/52/EU authorising enhanced cooperation in the area of financial transaction tax The Committee is called upon to decide upon its recommendations under Rule 128(3) and 128(4) of the Parliament’s Rules of Procedure.
Procedure Rule 128(4) Standing rapporteur Jiří Maštálka Administrator Susanne Knöfel, Kjell
Sevón Preliminary timetable Exchange of views 29.5..2013 Adoption JURI 29.5.2013
Mid-term review of the Stockholm Programme
The JURI, LIBE and AFCO committees have decided to assess the progress made on the implementation of the Stockholm Programme, approved by the European Council in 2010, now that the half-way mark has been passed. As part of the preparatory work for the joint draft report, Luigi Berlinguer, the rapporteur in JURI, will be presenting his working document outlining progress made in JURI’s areas of competence at this meeting. The other two
committees will be doing likewise, following which a joint draft report will be drawn up.
Procedure 2013/2024(INI) Legal basis Rule 48 RoP Rapporteur JURI/Luigi
Berlinguer LIBE/Juan Fernando
López Aguilar AFCO/Carlo Casini
Administrator respons. JURI/Alexander Keys
PRELIMINARY TIMETABLE Presentation of working document
29.5.2013
Presentation of joint draft report
July 2013
Deadline for amendments 3.9.2013 Consideration of amendments
September 2013
Adoption joint committees October 2013
14
Proposal for a Regulation amending Council Regulation (EC) No 207/2009 on the Community Trade Mark
Proposal for a Directive to approximate the laws of the Member States relating to Trade Marks (Recast)
Procedure 2013/0088(COD) Procedure 2013/0089(COD) Basic doc COM(2013)0161 Basic doc COM(2013)0162 Rapporteur Cecilia Wikström Rapporteur Cecilia Wikström Administrator respons.
Magnus Nordanskog
Administrator respons. Magnus Nordanskog
Opinion Committees /rapporteurs
IMCO/ tba INTA/ tba
Opinion Committees /rapporteurs
IMCO/ tbA INTA/ tba
PRELIMINARY TIMETABLE PRELIMINARY TIMETABLE Presentation by the Commission
29.5.2013 Presentation by the Commission
29.5.2013
Exchange of views
19-20.6.2013 Exchange of views 19-20.6.2013
Mini-hearing 8-9.7.2013 Mini-hearing 8-9.7.2013 Consideration of draft opinion
16-17.9.2013 Consideration of draft opinion
16-17.9.2013
On 27 March 2013, the Commission presented the long-awaited trade mark package, which consists of two legislative proposals – a suggested revision of the Community Trade Mark Regulation and a recast of the Trade Mark Directive – and a proposal for an implementing act to revise the Commission Regulation on the fees payable to OHIM. The overall objective of the package is to implement a well-targeted modernisation of registration systems throughout the EU in order to make trade-mark protection cheaper, quicker, more reliable and predictable. To achieve this, the Commission is proposing, among other things, to introduce a ‘one-class-per-fee’ principle, that would apply at both European and national level, to enhance cooperation between the Office for Harmonisation in the Internal Market in Alicante
(OHIM) and national trade-mark offices, and to further harmonise national procedures. At this meeting, the Commission will present its proposals and the rapporteur, Cecilia WIKSTRÖM, will outline her suggested timetable and the procedure for drawing up the report.
Participation of JURI rapporteur Alexandra Thein in the conference commemorating the 50th anniversary of the Van Gend en Loos judgment of the Court of Justice
In 1963, the Court of Justice issued its famous Van Gend en Loos judgment, which first established the principle of the direct effect of European law within the Member States, thus laying the first stone of the modern legal order of the Union. In order to commemorate the 50th anniversary of that momentous step, the Court of Justice held a conference on 13 May 2013 in
Luxembourg, attended by Alexandra Thein, member of the Committee on Legal Affairs and rapporteur for the reform of the Court of Justice. During the conference, she was able to exchange views with the Court’s President, Vassilios Skouris. In addition to European judges, many prestigious academics and professionals gave their views on the impact of the judgment. The conference was web-streamed.
15
EU Regulatory Fitness and Subsidiarity and Proportionality – 19th Report on Better Lawmaking covering the year 2011
Procedure 2013/2077(INI)
Basic docs COM(2012)0373 COM(2012)0746 COM(2013)0122
Rapporteur Sajjad Karim Administrator respons.
Magnus Nordanskog
Opinion Committees /rapporteurs
AFCO/no rapporteur announced
PRELIMINARY TIMETABLE Exchange of views
29.5.2013
Consideration of draft report
9.7.2013
Deadline for amendments
30.8.2013, at 12.00
Vote in JURI 17.9.2013 Adoption plenary
October 2013
In its resolution of 14 September 2011, Parliament set out its views on the Commission’s smart regulation agenda, which focused on achieving a more streamlined policy circle with the preparation of legislation being based on wide consultations and impact assessments and its implementation being the subject of ex-post fitness checks, with the overarching goal of simplifying and reducing regulatory and administrative burdens. This agenda is now being followed up by the communication on EU regulatory fitness (COM2012)0746), the main suggestion of which is the launch by the Commission of a Regulatory Fitness and Performance Programme (REFIT), which will seek to identify burdens, inconsistencies, gaps and ineffective measures. Through REFIT, the Commission will identify, assess, adopt, and monitor the implementation of initiatives which will result in significant regulatory cost reduction or simplification. REFIT will also include a follow-up to the Administrative Burden Reduction Programme (ABR), which was aimed at reducing burdens on business stemming from EU legislation by 25 % by 2012. On 7 March 2013, the Commission presented a communication on smart regulation focused on the needs of small and medium-sized enterprises (SMEs) (COM(2013)0060), in which it reviews the progress made in applying the micro-enterprise exemption from
certain regulations, the lighter regulatory regimes for SMEs, the SME scoreboard and ensuring regulatory fitness. The Commission will from now on include these activities in REFIT. The 19th annual report on subsidiarity and proportionality (COM(2012)0373), covering the year 2011, assesses the implementation of these principles in the EU institutions, with a particular focus on the subsidiarity control mechanism set up by the Lisbon Treaty, whereby the national parliaments of the Member States may issue reasoned opinions on whether legislative proposals comply with this principle. In 2011, the threshold for the ‘"yellow card’ was not reached (the first yellow card was not issued until 2012, for the Monti II Regulation) and only about 10% of the opinions sent by national parliaments were reasoned opinions within the meaning of the Lisbon Treaty. In addition to discussing the above three communications from the Commission, this report will also provide an opportunity to follow up more generally on Parliament’s work on impact assessments, in the wake of the Niebler report on the subject in 2011 and the setting-up of Parliament’s Directorate for Impact Assessment and European Added Value. At this meeting, the rapporteur, Sajjad Karim, will introduce the dossier and an initial exchange of views will take place.
16
Approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products
Procedure 2012/0366(COD)
Basic doc COM(2012)0788 Rapporteur for opinion
Klaus-Heiner Lehne
Administrator respons.
Magnus Nordanskog
Lead committee/rapporteur
ENVI/Linda McAvan
PRELIMINARY TIMETABLE Exchange of views
24.4.2013
Consideration of draft opinion
30.5.2013
Deadline for amendments
3.6.2013, at 12.00
Vote in JURI 20.6.2013 Adoption in lead committee
July 2013
Plenary September 2013 With reference to market, scientific and international developments since the more than ten years that have passed since the adoption of the Tobacco Products Directive, the Commission is proposing to revise the directive with the overall objective of improving the functioning of the internal market.
The proposal focuses on five policy areas: 1. Smokeless tobacco products and extension of the product scope; 2. Packaging and labelling; 3. Ingredients/additives; 4. Cross-border distance sales; 5. Traceability and security features. An initial exchange of views took place at the meeting on 24 April 2013. In his draft opinion, the rapporteur, Klaus-Heiner Lehne, suggests a number of amendments to the Commission proposal, which is based on Article 114(1) TFEU on the establishment and improvement of the functioning of the internal market. According to the rapporteur, however, the proposal is aimed in reality aim not at improving the functioning of the internal market, but rather at achieving a higher level of health protection, and such measures are to be taken by the Member States and not the EU. The rapporteur also considers that some of the proposed measures, especially regarding the packaging of tobacco products, are not in conformity with fundamental rights such as the right to property, in particular intellectual property rights. Manufacturers must, furthermore, be able to communicate that a certain product is less harmful than others if this is scientifically proven and if it is not misleading, and the proposed effective ban on nicotine-containing products (NCP) is not in line with the public health aims of the proposal. Finally, the proposal contains a large number of provisions delegating powers to the Commission, some of which concern essential elements of the proposal and which are thus contrary to Article 290 TFEU, for example by potentially granting the Commission the power to prohibiting cigarettes for good. At this meeting, the rapporteur will outline his draft opinion.
17
Unleashing the Potential of Cloud Computing in Europe
Procedure 2013/2063(INI) Exchange of views 29.5.2013 Basic doc COM(2012)0529 Consideration of
draft opinion 9.7.2013
Rapporteur for opinion
Lidia Joanna Geringer de Oedenberg
Deadline for amendments
30.8.2013, at 12.00
Administrator respons.
Magnus Nordanskog
Vote in JURI 17.9.2013
Lead committee/rapporteur
ITRE/Pilar del Castillo Vera
Adoption in lead committee
October 2013
Opinion Committees /rapporteurs
LIBE (Rule 50)/Judith Sargentini
IMCO/Sabine Verheyen
Adoption plenary November 2013
On 27 September 2012, the Commission presented the above communication, aimed at setting out a strategy to enable and facilitate faster adoption of cloud computing – defined simply as the storing, processing and use of data on remotely located computers accessed over the internet – throughout all sectors of the economy, with the ultimate goal of cutting information and communication technology costs and thereby boosting productivity, growth and jobs. Many of the proposed actions are designed to address the perception that the use of
cloud computing may bring additional risk, by aiming at more clarity and knowledge about the applicable legal framework, by making it easier to signal and verify compliance with the legal framework and by developing it further. Legal scholars have warned about the multitude of legal issues and challenges raised by the use of cloud computing, such as difficulties in determining applicable law, compliance and liability issues, data protection safeguards, data portability and the enforcement of copyright and other intellectual property rights. The Committee on Legal Affairs has therefore entered into an agreement, under Rule 50, with the Committee on Industry, Research and Energy, the lead committee on this dossier, whereby it will deliver an opinion on legal aspects of cloud computing and will hold exclusive competence over such aspects. The Committee on Civil Liberties, Justice and Home Affairs is also involved in this agreement and will deliver an opinion with exclusive competence regarding aspects relating to data protection, fundamental rights and police and judicial cooperation in criminal matters. At this meeting, the rapporteur, Lidia Joanna Geringer de Oedenberg, will introduce the dossier and an initial exchange of views will take place.
18
Collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
This long-awaited proposal aims to put in place an appropriate legal framework for the collective management of copyright and related rights and multi-territorial licensing of rights in musical works online. The provisions of the proposed directive belong to two areas. First, Titles I, II and IV define requirements for ensuring the proper functioning of collecting societies while improving their governance and transparency. Secondly, Title III and Articles 36 and 40 of Title IV seek to facilitate the granting of multi-territorial licences of rights in musical works for online uses in the internal market. In March the rapporteur presented her working document, which was drawn up after extensive consultation with stakeholders. On 18 March the committee held a hearing to enable a number of experts and stakeholders to present their views and positions. At this meeting the rapporteur will outline
the draft report putting forward 122 amendments to the Commission proposal. The Presidency will update the Committee on the progress of work on this file following the Competitiveness Council meeting of 29 May.
Procedure 2012/0180(COD) Basic doc COM(2012)0372 Legal basis Articles 50(2)(g), 53
and 62 TFEU Rapporteur Marielle Gallo Administrator respons. Ewa Wojtowicz PRELIMINARY TIMETABLE Hearing 18.3.2013 Presentation of working document
19.3.2013
Presentation of draft report
29-30.5.2013
Deadline for amend. 4.6.2013 Consideration of amend. 20.6.2013 Adoption JURI 9.7.2013 ADOPTION PLENARY tbc
Subsidiarity (Rule 38a)
Since 26 April 2013 Parliament has received the following reasoned opinions from national parliaments raising concerns about subsidiarity:
19
Reasoned opinion
by the Polish Senate on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Swedish Parliament on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the German Bundesrat on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Netherlands House of Representatives on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133
– C7-0065/2013 – 2013/0074(COD)) by the Netherlands Senate on the proposal for a Directive of the European
Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Irish House of Representatives on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Irish Senate on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Spanish Congress of Deputies and by the Spanish Senate on the amended proposal for a Directive of the European Parliament and of the Council on the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems (COM(2013)0168 – C7-0076/2013 – 2012/0035(COD))
by the Finnish Parliament on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Romanian Senate on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Lithuanian Parliament on the proposal for a Directive of the European
Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
by the Belgian Chamber of Representatives on the proposal for a Directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))
Disclaimer: The items contained herein are drafted by the Secretariat of the Legal Affairs Committee and are
provided for general information purposes only. The opinions expressed in this document are the sole responsibility of the author(s) and do not necessarily represent the official position of the European Parliament.
The JURI Report may contain links to websites that are created and maintained by other organisations. The
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