THIS IS NEW - European Parliament · number 7/2012-7l 2 monday, 09.07.2012 1. adoption of the draft agenda 2. announcements of the chairman 3. approval of the minutes of the meeting

Number 7/2012-7L 1 Monday, 09.07.2012

AT THIS MEETING

This July meeting of the Committee on Legal Affairs is the last before the summer break, and also the first under the new Cypriot Presidency of the Council of Ministers.

In connection with the new presidency, the Committee will be holding exchanges of views with two of the three ministers whose portfolios overlap with the remit of the Committee.

Firstly, on Monday afternoon, the Committee will be meeting Mr Loucas Louca, the Cypriot Minister of Justice and Public Order. The Committee will have the opportunity to discuss matters such as priorities in the field of private international law, progress on family law issues and the planned Common European Sales law.

Secondly, on Tuesday morning, the Committee will be holding an exchange of views with Mr Neoclis Sylikiotis, the Cypriot Minister of Commerce, Industry and Tourism. The Minister and the Committee will thus be able to debate priorities and plans for progress in the fields of intellectual property and company law.

The Committee is also eagerly awaiting the presentation by Luigi Berlinguer of his draft legislative initiative report on a law of

administrative procedure of the European Union. This is one the Committee's most important files at present, as it aims to establish a code laying down the rights of citizens in direct dealings with administrative bodies of the European Union.

At this meeting, the committee is also holding one of its series of hearings on the Common European Sales Law, on the issue of restitution and prescription this time. The Committee will thus, as is its custom, hear a selection of eminent experts and practitioners on the issue.

Before the break, the Committee will also be holding its final vote on a number of reports and opinions, in particular Sajjad Karim's own-initiative report on better legislation, subsidiarity and proportionality.

Furthermore, following the agreement reached in the European Council on the patents package, the three files have been referred back to Committee for reconsideration. This is because, in addition to reaching an agreement on the seat of the new court, the compromise made by the Heads of State and Government departs from the text agreed by the Council and Parliament, in particular by removing the right of appeal to the Court of Justice. As the legality of this move is highly doubtful, the Committee will have to discuss this matter in some detail.

THIS IS NEW

Number 7/2012-7L 2 Monday, 09.07.2012

1. ADOPTION OF THE DRAFT AGENDA

2. ANNOUNCEMENTS OF THE CHAIRMAN

3. APPROVAL OF THE MINUTES OF THE MEETING OF:

30-31 May 2012

4. EXCHANGE OF VIEWS WITH LOUCAS LOUCA, MINISTRY OF JUSTICE AND PUBLIC ORDER, ON THE PRIORITIES OF THE CYPRUS PRESIDENCY

Mr Loucas LoucaCypriot Minister of Justice and Public Order

5. "RESULTS OF THE DIPLOMATIC CONFERENCE ON THE PROTECTION OF AUDIOVISUAL PERFORMANCES, 20-26 JUNE 2012, BEIJING" - BRIEFING BY THE COMMISSION

The Beijing Treaty on Audiovisual Performances1 is the first new treaty in the area of copyright to be to be adopted since the 1 The full text of the Treaty is available on the WIPO website in the official languages of the UN: http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=208966.

adoption in 1996 of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.

The Beijing Treaty was adopted at the Diplomatic Conference on the Protection of Audiovisual Performance which took place in Beijing from June 20 to 26, 2012. EU Member States were present at the conference, which was attended by 155 countries, the European Union, 6 inter-governmental organisations and 45 NGOs.

The beneficiaries of the treaty are audiovisual performers, i.e. actors and also any other performer, such as musicians and dancers, whose performances are incorporated in an audiovisual work, for instance in a film or a TV programme. The Treaty grants performers rights to both the offline and online exploitation of their performances which would allow performers to be fairly remunerated when their performances are used. It also recognises performers' moral rights. The main benefit of the new Treaty will be to ensure that this level of protection is recognised at international level and that European performers enjoy rights and are fairly remunerated when audiovisual works containing their performance are exploited in third countries.

According to the Commission, the protection of audiovisual performers is largely harmonised at EU level and its ratification should therefore in principle not require anychanges to the existing EU acquis. The treaty will enter into force after 30 contracting parties have ratified it.

At this meeting, the Commission will brief the Committee on the results of the conference and the modalities of the upcoming ratification process by the EU.

ANNOUNCEMENTS

ORDINARY MEETING OF 9 - 10 JULY 2012

http://www.cy2012.eu/index.php/en/file/ZH7PsGlt_YD2nxXo9+AUZw==


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6. PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL AMENDING THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND ANNEX I THERETO

Procedure 2011/0901A (COD)Basic doc 02074/2011Legal basis Art. 257 first and second

paras, and Art. 281 second para, TFEU

Rapporteur Alexandra THEINAdministrator respons. Alexander KeysOpinion Comm./rapporteur

AFCO/Morten MESSERSCHMIDT; BUDG/

Angelika WERTHMANN

PRELIMINARY TIMETABLE

Exchange of views 21.06.11; 10.10.11Deadline for amend. 10.01.2012Consideration of amendments

25.01.2012

Adoption JURI 31.05.2012ADOPTION PLENARY 03.07.2012

The JURI Committee and the Council have agreed to the Court of Justice proposals, with amendments, for the amendment of its Statute. The Plenary vote is due to take place in the week of 2 July.

The approved changes concern the establishment of the office of Vice-President in the Court of Justice and the General Court and the amendment of the rules relating to the composition of the Grand Chamber.

As regards the General Court, the Court of Justice has come to the conclusion that an increase in the number of Judges is required. However, as no political agreement has been reached in Council on the appointment system for the additional judges, the institutions have agreed to split the proposal, leaving the additional judges for a later stage and only voting on the remaining elements of the proposal at this stage.

At this meeting, providing the problems have not been resolved, the Committee will discuss approval issues which have arisen in Council.

7. AMENDMENT OF DIRECTIVE 2003/98/EC ON RE-USE OF PUBLIC SECTOR INFORMATION

Procedure 2011/0430(INI)Basic doc COM(2011)0877Rapporteur for opinion Marielle GALLOAdministrator respons. Magnus NordanskogLead Comm./rapporteur

ITRE/Ivailo KALFIN

Opinion Comm./ rapporteur

IMCO/ Rafał TRZASKOWSKI

CULT/Sabine VERHEYEN


Exchange of views 09.07.2012Consideration of draft report

17-18.09.2012

Adoption JURI 11.10.2012Adoption lead committee

05.11.2012

Adoption plenary December 2012

Directive 2003/98/EC on the re-use of public sector information2 (PSI) aims at facilitating the re-use of publically accessible information produced and collected by public bodies, including digital maps, meteorological, legal, traffic, financial, economic and other datathroughout the Union by harmonising the basic conditions for re-use and removing major barriers to re-use in the internal market.

Following two reviews undertaken by the Commission in 2009 and 2011, it was found that a number of barriers still persisted, namely attempts by public sector bodies to maximise c o s t recovery, as opposed to benefits for the wider economy, competition between the public and the private sector, practical issues hindering re-use, such as the lack of information on available PSI, and the mindset of public sector bodies failing to realise the economic potential.

The Commission proposal for amending the PSI Directive therefore targets the chain of commercial and non-commercial exploitation of PSI, to ensure specific conditions at different stages of the chain so that access is improved and re-use facilitated.

2 Directive 2003/98/EC of the European Parliament and the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).

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The Directive is to be reinforced in order to overcome the remaining barriers, e.g. lack of information about what data are actually available, restrictive or unclear rules governing access and re-use conditions, discouraging, unclear and inconsistent pricing where the re-use of information is chargeable, and the overall excessive complexity of the process for obtaining permission to re-use PSI, in particular for SMEs. In addition, re-users and incumbent ‘hybrid’ public sector bodies (combining public tasks with the commercial exploitation of data) must enjoy a level playing field and competitive conditions unrestrained by any discriminatory treatment or unjustified exclusive agreements for the exploitation of PSI. Finally, the internal market for PSI re-use will thrive only if regulatory and practical borders to re-use across the Union are removed and the same types of data are available on similar, if not the same, terms and conditions irrespective of their national origin.

According to the Commission, benefits to be gained from improved access and facilitated re-use include: innovation in products based directly on PSI and in complementary products; reduced transaction costs and efficiency gains in the public sector; and, increasingly, the combining of different public and private information to produce new goods.

At this meeting, the rapporteur for opinion, Mrs Marielle GALLO, will present the proposal and a first exchange of views will take place.

8. AMENDMENT OF DIRECTIVE 2006/43/EC ON STATUTORY AUDITS OF ANNUAL ACCOUNTS AND CONSOLIDATED ACCOUNTS

Procedure 2011/0389(COD)Basic doc COM(2011) 0778Legal basis Article 50 TFUERapporteur Sajjad KARIM (ECR) Administrator respons. Leticia Zuleta de RealesOpinion Comm./draftsperson

ECON / Kay SWINBURNE(ECR)

ITRE / Jürgen CREUTZMANN (ALDE)


Exchange of views 01.03.2012Hearing 27.3.2012Presentation of working paper and appraisal of the impact assessment

9-10.07.2012

Consideration of the draft report

17-18.09.2012

Deadline for amendments

9.10.2012 noon

Consideration of amendments

6.11.2012

Vote JURI draft report 18.12.2012ADOPTION PLENARY February 2013

After a long public consultation initiated bythe Green Paper entitled "Audit policy: lessons from the crisis", the Commission has now put forward two legislative proposals which should enhance the quality of statutory audits in the EU and restore confidence in audited financial statements.

The first proposal amends the 8th company law Directive on statutory audits of annual accounts and consolidated accounts (Directive 2006/43/EC). The second proposal is a Regulation which provides for specific requirements regarding the statutory audit ofpublic interest entities (PIEs): large listed companies, banks and insurers.

The main modifications to the Directive are:

Definition of "statutory audit" in order to take account of the new Accountancy Directive: the new definition will continue to cover the instances where different Union legal texts impose an obligation on some undertakings to have their financial statements audited, depending on their legal form or on their activity. In order to guarantee the “unicity” of audit, the definition of "statutory audit" should also cover situations where Member States decide to impose an obligation on small undertakings to have their financial statements audited. Lastly, where a small undertaking decides voluntarily to have its financial statements audited, such audit should also be considered a statutory audit.

Modification of the ownership rules: currently, the Directive requires that a majority of the voting rights in an audit firm be held by licensed accountant practitioners. This requirement is no longer stipulated in the proposed amendment and Member States are forbidden to require that a minimum of capital

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or of voting rights in an audit firm be held by statutory auditors or audit firms. However, the proposal maintains the existing requirement that a majority of the members of the administrative or management body of the audit firm be audit firms or statutory auditors.

Passport for audit firms: the proposal for an amended Directive would allow audit firms to provide statutory audits in Member States other than the Member State in which they have been approved, provided that the key audit partner leading the audit is approved as an auditor in the Member State concerned. However, once approval is obtained in the home Member State, the host Member State may require some form of registration of audit firms from other Member States.

Passport for statutory auditors and "softening" the conditions for a statutory auditor to be approved in a different Member State: the proposed modifications regarding the approval of statutory auditors from other Member States are aligned with the provisions of the Directive 2005/36 on the recognition of professional qualifications.

Requirements for competent authorities to cooperate regarding educational requirements and aptitude test: in order to ensure a greaterconvergence of the educational qualifications of auditors at Union level, the competent national authorities in charge of the public oversight for statutory auditors must cooperate. Cooperation at Union level is alsonecessary to harmonise the requirements of the aptitude test.

Auditing standards and audit reporting: the proposal requires Member States to ensure that statutory auditors and audit firms carry out audits in accordance with the international auditing standards.

New rules regarding competent authorities: currently, the Directive requires Member States to organise a system of public oversight for statutory auditors and audit firms. The new amendment states that the competent authority responsible for public oversight will be a public authority that will be also responsible for approval, registration and quality assurance.

Prohibition of contractual clauses: the proposal prohibits clauses according to which a third party suggests, recommends or requires the audited entity to appoint a specific statutory auditor or audit firm.

Small undertakings would no longer be required by EU law to have their financial statements audited, although Member States may still require it. However, the requirement will continue to apply to medium-sized undertakings.The Committee held a first exchange of views on 1.3.2012.On 26 April, the Committee held a hearing on "Improving audit quality across the European Union", which gave the opportunity forMembers to listen to the point of view of the different stakeholders. The rapporteur has prepared a working document for next committee meeting in which he explores the 'hot-topic' areas of the proposals, while briefly drawing attention to some other considerations which, in his opinion, should be further debated.Another interesting novelty at this meeting is the presentation by the EP Impact Assessment Unit of their analysis of the strengths and weaknesses of the European Commission impact assessment accompanying the audit proposals.

9. SPECIFIC REQUIREMENTS REGARDING STATUTORY AUDITING OF PUBLIC-INTEREST ENTITIES

Procedure 2011/359(COD)Basic doc COM(2011) 0779Legal basis Article 114 TFUERapporteur Sajjad KARIM (ECR) Administrator respons. Leticia Zuleta de RealesOpinion Comm./draftsperson

ECON / Kay SWINBURNE (ECR)

IMCO / Jürgen CREUTZMANN (ALDE)


Exchange of views 01.03.2012Hearing 27.3.2012Presentation of working paper and appraisal of the impact assessment

9-10.07.2012

Consideration of the draft report

17-18.09.2012


9.10.2012 noon


6.11.2012

Vote JURI draft report 18.12.2012ADOPTION PLENARY February 2013

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The proposal for a Regulation regarding the statutory audit of public-interest entities, such as listed companies, banks and insurance companies envisages measures to enhance auditor independence and to make the statutory audit market more dynamic. These include clauses on independence and objectivity, audit fees, audit reporting, quality assurance, investigations and penalties.

The key measures in this respect are:

Mandatory rotation of audit firms: Audit firms will be required to rotate after a maximum engagement period of 6 years (with some exceptions). A cooling-off period of 4 years is applicable before the audit firm can be engaged again by the same client. The period before which rotation is obligatory can be extended to 9 years if joint audits are performed.

Mandatory tendering: Public-interest entities will be obliged to have an open and transparent tender procedure when selecting a new auditor. The audit committee (of the audited entity) should be closely involved in the selection procedure.

Non-audit services: Audit firms will be prohibited from providing non-audit services to their audit clients. In addition, large audit firms will be obliged to separate audit activities from non-audit activities in order to avoid any risks of conflict of interest.

Audit reporting: The content of the audit report will be expanded to provide more information to all stakeholders.

Surveillance: Each Member State is todesignate a competent authority responsible for the supervision of auditors and audit firms carrying statutory audit of PIEs. These authorities will cooperate between themselves within ESMA. ESMA should issue guidance on several issues.

Cooperation with third country auditors and with international organisations and bodies: only if the information disclosed is subject to guarantees of professional secrecy and provided data protection rules are respected.

IN CAMERA

10. DISPUTES INVOLVING PARLIAMENT:

Procedure Rule 128(4)Standing rapporteur Antonio LÓPEZ-ISTÚRIZ

WHITEAdministrator Susanne Knöfel


Exchange of views 09.07.2012Adoption JURI 09.07.2012

The Committee will discuss in camera the possible submission of observations by Parliament with regard to the Commission's request for an opinion of the Court of Justice (Opinion 1/12) on the Anti-Counterfeiting Trade Agreement (ACTA).

The Committee is called upon to decide whether to recommend to the President under Rule 128(4) that Parliament should submit observations.

The Committee will also decide in camerawhether to recommend to the President under Rule 128 (4) that Parliament should intervene in Case C-195/12 I.B.V. & Cie.

The possible intervention of Parliament before the Court of Justice concerns the validity of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (OJ L 52 of 21 February 2004, p. 50)

Number 7/2012-7L 7 Monday, 09.07.2012

IN CAMERA

11. VERIFICATION OF CREDENTIALS:

Rapporteur Klaus-Heiner LEHNEAdministrator respons. Magnus Nordanskog



The President has announced to the plenary that the competent national authorities have given notice of the appointment of the following as Members of the European Parliament, with effect from the dates shown below:

Mr Erik BÁNKI, (to replace Mr János ÁDER), as from 1 June 2012;

Ms Martina ANDERSON (to replace Ms Bairbre DE BRÚN), as from 12 June 2012.

According to Rule 3 of the Rules of Procedure, on the basis of a report by the JURI Committee, Parliament shall verify the credentials without delay and rule on the validity of the mandate of each of its newly elected Members. Parliament will 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 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.

IN CAMERA

12. REQUEST FOR WAIVER OF THE PARLIAMENTARY IMMUNITY OF BIRGIT COLLIN-LANGEN

Procedure 2012/2128(IMM)Legal basis Protocol on Privileges and

Immunities, Art. 9Rapporteur Francesco Enrico

SPERONIAdministrator respons. Pasquale CiuffredaNotice to Members 68/2012


Exchange of views 09.07.2012Hearing 09.07.2012Vote 09.07.2012

At the sitting of 14 June 2012, the President announced, under Rule 6(2) of the Rules of Procedure, that he had received a letter from the public prosecutors in Koblenz (Germany) requesting the waiver of the parliamentary immunity of Birgit Collin-Langen.

The President referred the request to the Committee on Legal Affairs under Rule 6(2).

At this meeting, the Committee will hold a hearing and vote.

IN CAMERA

13. WAIVER OF THE PARLIAMENTARY IMMUNITY OF JAROSŁAW LESZEK WAŁĘSA

Procedure 2012/2112(IMM)Rapporteur Cecilia WIKSTRÖMAdministrator respons. Magnus Nordanskog

Number 7/2012-7L 8 Monday, 09.07.2012



At the sitting of 23 May 2012, the President announced, under Rule 6(2) of the Rules of Procedure, that he had received a letter from the Public Prosecutor of the Polish Republic on 20 April 2012 requesting the waiver of the parliamentary immunity of Mr Jarosław Leszek WAŁĘSA in connection with an investigation into a traffic accident in which Mr Wałęsa himself was severely injured. The President referred the request to the Committee on Legal Affairs under Rule 6(2).

Mr Wałęsa declined to be heard on the matter under Rule 7(3). An exchange of views took place at the meeting on 18 June 2012.

At this meeting, the committee will vote.

14. CHAIR’S ANNOUNCEMENTS CONCERNING COORDINATORS’ DECISIONS

WORKSHOP

See the programme in Annex I.

15. COMMON EUROPEAN SALES LAW

Procedure 2011/0284 (COD)Basic doc COM (2011)0635Legal basis Article 114 TFEURapporteur Klaus-HeinerLEHNEAdministrator respons. Susanne KnöfelOpinion Comm./rapporteur

IMCO/Evelyne GEBHARDT, Hans-Peter

MAYERECON/Marianne

THYSSEN


Exchange of views 22.11.2011Hearing 1.3.2012Workshop (I) 31.5.2012Workshop (II) 19.6.2012Workshop (III) 10.7.2012Conference with national parliaments

27.11.2012

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 the European 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 (2011/2013(INI)).

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 as well as 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

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consumer would receive a standard information notice summarising the main features of the Common European Sales Law. Member States could opt to also apply the Common Sales Law to domestic transactions and 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.

In its Annex, 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, obligation and remedies of the parties, damages and interest, restitution and prescription. To prepare the proposed rules, an expert group established by the Commission delivered, on 3 May 2011, a feasibility study on a future initiative on European contract law, and informal consultations with stakeholders were held.

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’.

On 1 March 2012, the JURI committee held a first 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 has subsequently organised, together with its Policy Department, two workshops on main chapters of the Annex to the proposal, i. e. on unfair contract terms and the remedies chapter. The workshop to be held at this meeting concludes the series with a discussion on restitution and prescription.

16. EXCHANGE OF VIEWS WITH NEOKLIS SYLIKIOTIS, MINISTER OF COMMERCE, INDUSTRY AND TOURISM, ON THE PRIORITIES OF THE CYPRUS PRESIDENCY

Mr Neoklis SylikiotisCypriot Minister of Commerce, Industry and

Toursim

VVOOTTEE

17. 18TH REPORT ON BETTER LEGISLATION - APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY (2010)

Procedure 2011/2276(INI)Basic docs COM(2011)0344,

COM(2011)0803Rapporteur Sajjad KARIMAdministrator respons. Magnus NordanskogOpinion AFCO/Evelyn REGNER



31.05.2012


22.06.2012

Adoption JURI 10.07.2012ADOPTION PLENARY November 2012

In the 18th annual report on better lawmaking, covering the year 2010, the Commission emphasises that decisions about whether to propose action at EU level (subsidiarity) and about the extent of any such action (proportionality) are fundamental to smart regulation, and sets out how these principles have been applied under Article 5




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TEU and Protocol (No 2) to the TFEU by the EU institutions and the national parliaments of the Member States.

The report for 2010 therefore follows on fromlast year's smart regulation communication (COM(2010)0543), on which Parliament pronounced itself in its resolution on the Better Lawmaking Report for 20093. While it welcomed the fact that the improvement of regulation in the EU had been lifted to a higher political level, and gave support to the new global approach to the whole policy cycle and evidence-based policy-making, Parliament nevertheless identified several areas where more action needs to be taken, notably concerning administrative burden reduction, gold plating and correlation tables. It also called for a new Interinstitutional Agreement on Better Law-making to be negotiated with the Council and the Commission.

Concerning the new mechanism introduced by the Lisbon Treaty for control by national parliaments of the principle of subsidiarity, the Commission reports that by the end of 2010 it had sent out 82 draft legislative proposals, falling under the Protocol, to which the mechanism applied and received 211 opinions, 34 of which were reasoned opinions which raised subsidiarity concerns. There wasmore than one reasoned opinion for 5 legislative proposals, but none reached the threshold for a "yellow card". It could also be noted that the Court of Justice has not yet annulled any measure for breach of subsidiarity.

On 23 November 2011, the Commission presented a report on minimising the regulatory burden for SMEs and adapting EU regulation to the needs of micro-enterprises (COM(2011)0803). Where a large company will on average spend one euro per employee to comply with a regulatory duty, a medium-sized enterprise will spend four and a small business up to ten euros. The Commission therefore proposes to strengthen the use of exemptions or specific, lighter legislative regimes for SMEs and micro-companies, and will work with Member States in order to minimise regulatory burdens when implementing EU legislation. 3 European Parliament resolution of 14 September 2011 on better legislation, subsidiarity and proportionality and smart regulation (P7_TA(2011)381).

An exchange of views was held in January 2012 with the participation of the Commission. In April 2012 a workshop was organised with the participation of the Danish Presidency.

The rapporteur presented his draft report at the meeting on 30 May 2012. 11 amendments have been tabled to the draft report.


VVOOTTEE

18. STRATEGIC INNOVATION AGENDA OF THE EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY (EIT): THE CONTRIBUTION OF THE EIT TO A MORE INNOVATIVE EUROPE

Procedure 2011/0387(COD)Basic doc COM(2011)0822Rapporteur for opinion Alajos MÉSZÁROSAdministrator respons. Magnus NordanskogLead Comm./rapporteur ITRE/Marisa MATIASOpinion Comm./rapporteur

BUDG/Ivars GODMANISCULT/Chrysoula

PALIADELI

See the joint time-table and background under Item 19.

VVOOTTEE

19. AMENDMENT OF REGULATION (EC) NO 294/2008 ESTABLISHING THE EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY

Procedure 2011/0384(COD)Basic doc COM(2011)0817Rapporteur for opinion Alajos MÉSZÁROSAdministrator respons. Magnus NordanskogLead Comm./rapporteur ITRE/Phillipe LAMBERTSOpinion Comm./rapporteur

BUDG/Ivars GODMANISCULT/Chrysoula

PALIADELI

Number 7/2012-7L 11 Monday, 09.07.2012



18.06.2012


21.06.2012, 12.00

Adoption JURI 10.07.2012Adoption Lead Comm. October 2012

In the framework of the Lisbon Strategy for Growth and Jobs, the European Institute of Technology (EIT) was established in 2008 by Regulation (EC) 294/2008, with the aim of reinforcing Europe's innovation capacity. It represents the EU's first attempt to integrate the three sides of the so-called Knowledge Triangle (higher education, research and innovation). The EIT became operational in 2010 and its headquarters are located in Budapest.Principally through the creation and support to the activities of the so-called Knowledge and Innovation Communities (KICs), the EIT promotes closer interaction between universities, research centres and enterprises activities, with the objective to close the gap between research, education, and the entrepreneurial world in order to enhance EU's innovation capacity. According to the provisions of Regulation (EC) 294/2008, and based on a draft proposal from the EIT, the Commission shall adopt a proposal for adoption by the European Parliament and the Council of the EIT Strategic Innovation Agenda (SIA), which will define long-term priority fields for the EIT, including an overview of the planned higher education, research and innovation activities, for a period of seven years.

The Commission has therefore proposed a decision establishing the SIA and is also proposing amendments to Regulation (EC) 294/2008 in order to further develop the EIT by integrating its scope under the Horizon 2020 Framework Programme 2014-2020 and by backing its activities with a proposed tenfold budget increase.A working document has been drawn up in the Committee on Industry, Research and Energy which proposes a number of topics for discussion, namely 1. Budgetary and financing questions (how are EIT/KICs effectively delivering today and are they mature enough to absorb such an increase in funding?); 2. Objectives, EU added-value and

complementarity (what should the focus of the EIT activities be and how are the synergies with the other existing activities in Horizon 2020 effectively foreseen?); and 3. Governance and participation (do the EIT/KICs function in an open, transparent and accountable way and provide for a positive return on investment for society as a whole?).There is an overall political will to promote further the existence of EIT, and the rapporteur for opinion, Mr Alajos Mészáros,therefore highly welcomes the proposal for Strategic Innovation Agenda (SIA).

He considers that a coordination mechanism between the EIT and the other activities under Horizon 2020 should be implemented and thatinteraction with the KICs should be promoted. The list of priorities in the SIA should furthermore be extended even further and the EIT should engage into a regular dialogue with the EU institutions when identifying new priority areas. The participation should be widened across all Member States and synergies of EIT structures should be fostered for the benefit of SMEs.

The rapporteur for opinion also considers that the governance structures of the EIT and the dialogue with the EU institutions should be improved, in particular by simplifying thecomposition of the EIT bodies and further clarifying the tasks of the Governing Board and the Director. Finally, the rules concerning the management of intellectual property rights must ensure the right balance between the right holders and the users and should provide guidance and models promoting knowledge transfer and dissemination, both within the context of the KICs and more widely across the EU.

The rapporteur for opinion presented his draft opinions at the meeting on 18 June 2012. A total number of 31 amendments were tabled to both draft opinions and the rapporteur has suggested 11 compromise amendments.


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VVOOTTEE

20. CONSULAR PROTECTION FOR CITIZENS OF THE UNION ABROAD

Procedure 2011/0432(CNS)Basic doc COM(2011)0881Legal basis Article 23(2) TFEURapporteur Tadeusz ZWIEFKAAdministrator respons. Alexander KeysLead Comm./rapporteur LIBE/Edit BAUER


Exchange of views 27.03.2012Draft opinion 31.05.2012Deadline for amend. 15.06.2012Adoption JURI 10.07.2012Adoption Lead Comm. tbdADOPTION PLENARY tbd

This Commission proposal is of considerable importance for EU citizens. EU citizens travel and reside across the world. However, no Member State is represented in all third countries. Many Member States – particularly smaller Member States – have relatively few consulates.

This is why the Charter of Fundamental Rights (Article 46) gives EU nationals the right to consular protection from other Member States where their own Member State is not represented in the place where they need protection.

This proposal for a Council regulation replaces and modernises Decision 95/553/EC, going further in encouraging consular cooperation between Member States' diplomatic services.

The proposal bears considerable scope for savings. For example, it provides for the possibility of appointing a 'lead Member State' which will coordinate consular work in a specific third country. This synergy means that, by working together, Member States can achieve savings – the lead Member State will be able to take on work previously done separately by each consulate.

Ultimately, the proposed directive could create the scope for slimming down the consular part of national diplomatic services.

At this meeting, the Committee will vote on the draft opinion and amendments.

VVOOTTEE

21. PERMITTED USES OF ORPHAN WORKS

Procedure 2011/0136(COD)Basic doc COM(2011)0289Rapporteur Lidia GERINGER DE

OEDENBERGAdministrator respons. Magnus NordanskogOpinion Comm./rapporteur

CULT/Sabine VERHEYEN, IMCO/Toine MANDERS


Exchange of views 19.09.2011 (cancelled)Consideration of draft report

11.10.2011

Deadline for amend. 25.10.2011 noonConsideration of amend. 22.11.20112nd consideration of amendments

25.01.2012

Adoption JURI 1.03.2012Reconsultation JURI 10.07.2012ADOPTION PLENARY September 2012

This long-awaited Commission proposal concerns the permitted uses of orphan works. A work is to be considered an orphan work if its right holder is not identified or, even if identified, cannot be found. This poses a problem for copyright-protected work, the use of which requires prior authorisation from the right holder.

Parliament touched upon the issue of orphan works in its resolutions of 12 May 2011 on "Unlocking the potential of cultural and creative industries" and of 5 May 2010 on "Europeana - the next steps" (with JURI opinions duly delivered). Orphan works were also discussed by the Committee's Working Group on Copyright. In addition, in November 2009 the Committee organised, in cooperation with the Swedish Presidency, a workshop on orphan works.

170 amendments in total were tabled to the proposal in JURI, and the CULT and IMCO committees issued extensive opinions. The first consideration of amendments took place in November, followed by additional discussion in January. As a result the

Number 7/2012-7L 13 Monday, 09.07.2012

rapporteur proposed a number of compromise amendments, and the adoption of the report by the Committee took place in March 2012.

In the meantime, following the efforts of the Polish Presidency undertaken in 2011, the dossier saw further progress in the Council under the Danish Presidency. Two trilogues were held in March and April 2012.

The rapporteur, Mrs Geringer de Oedenberg,reported on the progress of the negotiations at the JURI meeting on 30 May 2012, and a tentative agreement was reached at the final trilogue on 6 June 2012.

Coreper adopted the agreed text on 14 June 2012 and sent it by letter to the Chair of JURI on the same day. By letter of 20 June 2012, the Commission sent a justification for the non-inclusion of provisions concerning explanatory documents.

According to Rule 70(3), where interinstitutional negotiations in legislative procedures lead to a compromise following the adoption of the report by the committee, the committee shall be reconsulted before the vote in plenary.

The vote in plenary in scheduled to take place in September 2012. At this meeting, the committee will confirm the tabling of the agreed text in view of that vote.

VVOOTTEE

22. PETITION NO 0084/2012 BY P.S.W. (PORTUGUESE) ON THE WORKINGS OF THE COURT OF THE EUROPEAN UNION, IN PARTICULAR ITS CIVIL SERVICE TRIBUNAL

Procedure JURI/7/09905Rapporteur Klaus-Heiner LEHNEAdministrator respons. Alexander KeysLead committee PETI

The Committee on Petitions has asked the Committee on Legal Affairs to issue an opinion on this petition, as the petitioner claims that serious dysfunctions exist in the Civil Service Tribunal of the European Union.

The rapporteur's draft opinion is in letter form, as is the practice in such cases. At this meeting, the committee will vote on the draft opinion.

VVOOTTEELLeeggaall bbaassiiss ((RRuullee 3377))

23. ESTABLISHMENT OF AN ACTION PROGRAMME FOR CUSTOMS IN THE EUROPEAN UNION FOR THE PERIOD 2014-2020 (CUSTOMS) AND REPEAL OF DECISION NO 624/2007/EC

Procedure Rule 37 Rapporteur Axel VOSSAdministrator respons. Susanne Knöfel


Consideration of a legal basis

10.07.2012

Adoption JURI 10.07.2012

The proposal for a regulation establishing an action programme for customs and taxation in the European Union for the period 2014-2020 (FISCUS) (COM(2011)0706) was presented by the Commission on the basis of Articles 33 and 114 TFEU and was accordingly submitted to Parliament under the ordinary legislative procedure.

On 16 May 2012, the Conference of Presidents decided that the procedure on the proposal should be split and authorisation be granted for the Committee on the Internal Market and Consumer Protection (IMCO) and the Committee on Economic and Monetary Affairs (ECON) to draw up two separate legislative reports on the basis of the Commission proposal.

By letter of 7 June 2012, IMCO requested an opinion of the Committee on Legal Affairs on the appropriateness of the legal basis after the split of the Commission proposal in two parts.

The Committee will give its opinion at this meeting.

Number 7/2012-7L 14 Monday, 09.07.2012

VVOOTTEELLeeggaall bbaassiiss ((RRuullee 3377))

24. SUPPORT FOR RURAL DEVELOPMENT BY THE EUROPEAN AGRICULTURAL FUND FOR RURAL DEVELOPMENT (EAFRD)

Procedure Rule 37 Rapporteur Axel VOSSAdministrator respons. Susanne Knöfel

Ignacio Castiella


Consideration of a legal basis

10.07.2012


The proposal for a regulation on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2011)0627) was presented by the Commission on the basis of Articles 42 and 43 TFEU and was accordingly submitted to Parliament under the ordinary legislative procedure. The Committee on Agriculture (AGRI) is currently considering the file.

By letter of 7 June 2012, AGRI asked the Committee on Legal Affairs, pursuant to Rule 37 of the Rules of Procedure, to give its opinion on the appropriateness of replacing "Article 42 and 43 TFEU" by "Article 42 and Article 43(2) TFEU" as legal basis.

The Committee will give its opinion in this meeting.

VVOOTTEE

RReeccaasstt ((RRuullee 8877))

25. UNION CUSTOMS CODE (RECAST)

Procedure 2012/0027(COD) /COM(2011)0064

Rapporteur Antonio LÓPEZ-INSTÚRIZWHITE

Administrator respons. Magnus NordanskogLead Committee IMCO



The Consultative Working Party of the three Legal Services (European Parliament, Commission and Council) examined the proposals for recast above and concluded that the proposals did not comprise any substantive amendments other than those identified as such therein or in their opinions. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier acts with those substantive amendments, that the proposals contain a straightforward codification of existing texts, without any change in their substance.

Under Rule 87 of the Rules of Procedure, when a Commission proposal recasting Unionlegislation is submitted to Parliament, that proposal shall be referred to the committee responsible for legal affairs and to the committee responsible for the subject matter.

The committee responsible for legal affairs shall examine the proposal in accordance withthe Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts and Rule 87 of the Rules of Procedure with a view to verifying that it entails no substantive changes other than those identified as such in the proposal.

CANCELLED

26. PUBLIC PROCUREMENT

Procedure 2011/0438 (COD)Basic doc COM(2011)896Rapporteur Giuseppe GARGANI Administrator respons. Pasquale CiuffredaLead Comm./rapporteur IMCO/Marc TARABELLA


Public Hearing 30.05.2012Consideration of draft opinion

18.06.2012

Deadline for amend. 25.06.2012Adoption JURI 18.09.2012Adoption Lead Comm. 10.10.2012ADOPTION PLENARY tbd

Number 7/2012-7L 15 Monday, 09.07.2012

The Committee on Legal Affairs will discuss the amendments tabled by MEPs to Mr Gargani's draft opinion on the report of the Committee on Internal Market and Consumer protection on the Proposal for a Directive of the European Parliament and of the Council on public procurement.

Public procurement plays an important role in the overall economic performance of the European Union. In Europe, public authorities spend around 18% of GDP on supplies, works and services.

115 amendments were tabled, which concern different aspects of the new procedure on Public Procurement, i.e. the call for more efficient procedures on variants, subcontracting, modifications of contracts during their terms and contract award criteria, as well as for reduced reliance on the capacities of other entities.

After 2004, a review of the public procurement directives is needed in order to simplify the rules, increase their efficiency and effectiveness and make them better suited to deal with the evolving political, social and economic context.

CANCELLED

27. PROCUREMENT BY ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND POSTAL SERVICES SECTORS

Procedure 2011/0439 (COD)Basic doc COM(2011)895Rapporteur Giuseppe GARGANI Administrator respons. Pasquale CiuffredaLead Comm./rapporteur IMCO/Marc TARABELLA


Public Hearing 30.05.2012Consideration of draft opinion

18.06.2012


The Committee on Legal Affairs will discuss the amendments tabled by MEPs to Mr Gargani's draft opinion to the report of the Committee on Internal Market and Consumer protection on the Proposal for a Directive of

the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors.

It appears appropriate to maintain specific rules on procurement by entities operating in the water, energy and transport sectors, since national authorities continue to be able to influence the behaviour of those entities, including both their participation in their capital and their representation in the entities' administrative, managerial or supervisory bodies.

The 75 amendments tabled concern different aspects of the new procedure on procurement by entities operating in the water, energy, transport and postal services sectors aiming atensuring a real opening up of the market in the indicated sectors and striking a fair balance in the application of procurement rules.

POSTPONED

28. CORPORATE SOCIAL RESPONSIBILITY: PROMOTING SOCIETY'S INTERESTS AND A ROUTE TO SUSTAINABLE AND INCLUSIVE RECOVERY

29. PROPOSAL FOR A COUNCIL REGULATION ON THE EXERCISE OF THE RIGHT TO TAKE COLLECTIVE ACTION WITHIN THE CONTEXT OF THE FREEDOM OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES

Procedure 2012/0064(APP)Basic doc COM(2012)0130Rapporteurs Axel VOSS

Lidia GERINGER DE OEDENBERG

Administrators respons. Magnus NordanskogPasquale Ciuffreda

Lead Committee/rapporteur

EMPL/Ole CHRISTENSEN

Opinion Committee/rapporteur

IMCO/Sergio Gaetano COFFERATI


Exchange of views(postponed)

19.06.2012

Exchange of views 10.07.2012Adoption JURI September 2012

http://www.europarl.europa.eu/meps/en/96915.html

Number 7/2012-7L 16 Monday, 09.07.2012

The judgments of the Court of Justice in the Viking-Line and Laval cases4 recognised the right to take collective action, including the right to strike, as a fundamental right which forms an integral part of the general principles of EU law. In its case law, the Court has also acknowledged that the Union has not only an economic but also a social purpose. The Commission has therefore presented a proposal for a Council Regulation on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services (COM(2012)0130) in order to implement the rights under the TFEU on the free movement of goods, persons, services and capital in accordance with the objectives pursued by social policy under Article 151 TFEU, which includes improved living and working conditions, proper social protection and dialogue between management and labour.

The legal basis of the proposal is Article 352 TFEU, the so-called "flexibility clause", which is to be used only where the Treaty does not provide the necessary powers to attain one of the objectives in the Treaties within the framework of the policies defined therein.

The proposal has already provoked controversy, not least since the number of reasoned opinions from national parliaments on the compliance with the principle of subsidiarity in this case led to the threshold for a so-called "yellow card" being surpassed for the first time, obliging the Commission to choose between explaining and maintaining, amending, or withdrawing the proposal. The Commission has indicated that it will take the decision in September 2012.

Since the flexibility clause has not yet been used to implement controversial policy options, and this proposal therefore could set important precedents, the JURI coordinators has decided that the Committee should verify the legal basis of the proposal on its own initiative under Rule 37(3) and make

4 Judgment of the Court of 11 December 2007 in Case C-438/05, International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line ABP and OÜ Viking Line Eesti, ECR 2007, p. I-10779, and Judgment of the Court of 18 December 2007 in Case C-341/05, Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet, Svenska Byggnadsarbetareförbundets avdelning 1, Byggettan and Svenska Elektrikerförbundet, ECR 2007, p. I-11767.

recommendations concerning the application of the principle of subsidiarity under Rule 38a(2) in view of the "yellow card" procedure.

At this meeting, the standing rapporteurs for legal basis and subsidiarity will present the proposal and the Committee will hold an exchange of views.

30. PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA, AND THE FREE MOVEMENT OF SUCH DATA (GENERAL DATA PROTECTION REGULATION)

Procedure 2012/0011(COD)Basic docs COM(2012)0009

COM(2012)0011Legal basis Articles 16 and 114 TFEURapporteur for opinion Marielle GALLOAdministrator respons. Magnus NordanskogLead Committee/rapporteur

LIBE/Jan Philipp ALBRECHT

Opinion Committees/rapporteurs

EMPL/Nadja HIRSCHITRE/Seán KELLYIMCO/Lara COMI


Exchange of views 10.07.2012Adoption LIBE March 2013

Following extensive consultations and a lengthy elaboration period, the Commission has presented a proposal for a new legal framework for the protection of personal data in the European Union to replace Directive 95/46/EC5. JURI contributed directly to the procedure leading up to this proposal by giving an opinion to the Voss report on this subject in 20116.

The suggested new legal framework consists of a regulation and a directive to be adopted on the basis of Article 16 TFEU, which provides a new legal basis in this area introduced by the Lisbon Treaty. The protection of natural persons in relation to the processing of personal data is furthermore a fundamental right under Article 8(1) of the 5 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).6 European Parliament resolution of 6 July 2011 on a comprehensive approach on personal data protection in the European Union (P7_TA (2011)0323).

Number 7/2012-7L 17 Monday, 09.07.2012

Charter, which became legally binding following the entry into force of the Lisbon Treaty.

The proposed regulation is rather lengthy, with a total of 139 Recitals and 91 Articles,and it includes no less than 20 different suggested delegations to the Commission of legislative power under Article 290 TFEU.

The LIBE committee held a public hearing on 29 May 2012 and a first exchange of views at its meeting on 31 May 2012.

At this meeting, the rapporteur for opinion, Mrs Marielle GALLO, will present the proposal for a regulation and a first exchange of views will take place.

31. REPORT ON IMPLEMENTATION OF THE RESALE RIGHT DIRECTIVE (2001/84/EC)

Procedure 2012/2038(INI)Basic doc COM(2011)0878Rapporteur Marielle GALLOAdministrator respons. Magnus NordanskogOpinion Comm./rapporteur

CULT/Emma McCLARKIN



10.07.2012


07.09.2012, noon

Adoption JURI October 2012Adoption plenary November 2012

The Resale Right Directive7 was conceived with two major objectives in mind: to ensure that authors of graphic and plastic works of art share in the economic success of their original works of art on the one hand and, on the other, to harmonise the application of the right across the EU. Article 11 of the Directive foresees that the Commission should submit to the European Parliament, the Council and the Economic and Social Committee a report on the implementation and the effect of the Directive.

7 Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ L 272, 13.10.2001, p. 32).

The Commission presented this report on 14 December 2011 (COM(2011)0878), in which it examines the impact of the Directive on the internal market and the effect of the introduction of the resale right in those Member States that did not apply the right in national law prior to the entry into force of the Directive. It pays particular attention to the position of the Community in relation to relevant markets that do not apply the resale right, assesses the role of the Directive in the fostering of artistic creativity and reviews the situation with regard to the management procedures in the Member States.

The Commission concludes that no clear patterns can be established to link the loss of the EU's share in the global market for modern and contemporary art with the harmonisation of provisions relating to the application of the resale right in the EU. Neither can any clear patterns currently be established that would indicate systematic trade diversion within the EU away from those Member States which have introduced the right for living artists. The Commission nevertheless considers that there are clearly pressures on European art markets, in all price ranges, and for both the auction and dealer sectors, and recalls that the scope of the application of the resale right would be significantly expanded following the ending of the derogation for the works of deceased artists on 1 January 2012.

At the same time, the Commission notes that the quality of the administration of the resale right appears to vary considerably across the EU, and recognises that in some Member States inefficient administration of the resale right presents a not insignificant burden on art market professionals and may also lead to unnecessarily high deductions from the royalties due to artists and their successors. In light of the economic significance of the sector, the Commission considers that market developments should be kept under review and it will undertake a further reporting exercise and deliver its results in 2014.

The rapporteur, Mrs Marielle GALLO, notes in her draft report that the value of the art market was estimated at USD 10 billion in 2010 and close to USD 12 billion in 2012 and therefore considers that the artists and their heirs should benefit from an equitable compensation. She furthermore believes that

Number 7/2012-7L 18 Monday, 09.07.2012

the facts included in the Commission communication and the numbers of the market support the position that the resale right has no negative impact on the location of the art market or on business figures, and therefore invites the Commission to work directly together with stakeholders in order to strengthen the European art market and to remedy certain difficulties, such as the so-called "cascade effect", whereby royalties have to be paid for every transaction and cannot –contrary to VAT – be refunded for transactions between traders, and the resale right therefore presents a cumulative effect on works of art that are sold several times.

A first exchange of views took place at the meeting of 27 March 2012.

At this meeting, the rapporteur, Mrs Marielle GALLO, will present her draft report.

32. AMENDMENT OF DIRECTIVE 2004/109/EC ON THE HARMONISATION OF TRANSPARENCY REQUIREMENTS IN RELATION TO INFORMATION ABOUT ISSUERS WHOSE SECURITIES ARE ADMITTED TO TRADING ON A REGULATED MARKET AND COMMISSION DIRECTIVE 2007/14/EC

Procedure 2011/0307 (COD)Basic doc COM(2011)0683Legal basis Arts 50 and 114 TFEURapporteur Arlene McCARTHYAdministrator respons. Susanne KnöfelOpinion Comm./rapporteur

AFET/Franziska BRANTNER, ECON/Sirpa

PIETIKÄINEN, DEVE/Fiona HALL,

INTA/Helmut SCHOLZ


Exchange of views 19.12.2011Draft report 27.3.2012Hearing 26.4.2012Deadline for amend. 8.5.2012, noonConsideration of amend. 18.06.2012Consideration of compromise amendments

10.07.2012

Adoption JURI 18./19.09.2012Adoption Plenary October 2012

The proposal for amendment of the Transparency Directive8 forms part of the 8 Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of

package of measures to support entrepreneurship and responsible business presented by the Commission on 25 October 2011.

The existing Transparency Directive requires issuers of securities traded on regulated markets within the EU to ensure appropriate transparency through a regular flow of information to the markets, in particular by publishing periodic financial information and ongoing information on major holdings of voting rights. In a report of 2010 on the operation of the Transparency Directive, the Commission identified a number of issues where the existing regime could be improved: it was seen as desirable to simplify certain issuer's obligations with a view to making regulated markets more attractive for small and medium-sized issuers, and to improve the legal clarity and effectiveness of the existing regime, notably with respect to the disclosure of corporate ownership.

Against this background, the Commission has proposed to modify the Transparency Directive as regards the following main elements: in order to reduce the administrative burden linked to listing on regulated markets and to encourage long-term investments, the requirement to publish interim management statements and/or quarterly reports would be abolished, the publication of such information not being considered necessary for investor protection and therefore being left to the market. Furthermore, as regards notification of major holdings, the proposal would now require the aggregation of holdings of shares with holdings of financial instruments for the calculation of notification thresholds in order to close an identified notification gap. The proposal would, at the same time, provide for greater harmonisation for notification of major holdings, with a view to improving legal certainty, simplifying investments and reducing underlying costs.

In parallel to the proposals to amend the Accounting Directives, the proposal to revise the Transparency Directive also includes a country-by-country reporting requirement, i.e. a new obligation for large extractive and transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (OJ L 390, 31.12.2004, p. 38).

Number 7/2012-7L 19 Monday, 09.07.2012

logging companies to report the payments they make to governments. Thus, the proposal to revise the Transparency Directive complements the proposed amendments to the Accounting Directives in order to include all companies which are listed on EU regulated markets.

The rapporteur, Arlene McCarthy, presented her draft report on 27 March 2012. On 26 April 2012, the Committee held a hearing on the new country-by-country reporting requirements included in this proposal and the proposals to amend the Accounting Directives. The committee held a consideration of the amendments tabled at its meeting on 19.6.2012. At this meeting, the rapporteur will present her suggestions for compromise amendments for considerations to the committee.

33. ANNUAL FINANCIAL STATEMENTS, CONSOLIDATED FINANCIAL STATEMENTS AND RELATED REPORTS OF CERTAIN TYPES OF UNDERTAKINGS

Procedure 2011/0308(COD)Basic doc COM(2011) 0684Legal basis Article 50(1) TFUERapporteur Klaus-Heiner LEHNE

(EPP)Administrator respons. Leticia Zuleta de RealesOpinion Comm./draftsperson

ECON / Wolf KLINZ (ALDE)

INTA / No opinionDEVE / Fiona HALL

(ALDE)AFET / Franziska

Katharina BRANTNER(Verts/ALE)


Exchange of views 19.12.2011Draft Report 26-27.3.2012Deadline for amend. 8.5.2012Consideration of amen. 18-19.6.2012Compromise amendments

9-10.7.2012


On 25.10.2011, the Commission published a proposal for a Directive on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.

The proposal repeals the current Accounting Directives (4th and 7th company law directives), replacing them and their

subsequent amendments with a new single Directive.

The proposal introduces a specific regime for small companies in order to reduce their administrative burden when they prepare their financial statements. It also harmonises thresholds to ensure that administrative burden reduction actually reaches all small companies in the EU.

The Commission proposes new reporting requirements for large companies and public interest entities active in the extractive industry or in the logging of primary forests. These companies shall now disclose the payments they make to governments in each country where they operate and for each project, where the payment has been attributed to a certain project and when material to the recipient government.

The rapporteur, Klaus-Heiner Lehne,presented his draft report on 26.03.2012. On 26 April, the Committee held a hearing on the "Review of the Accounting and Transparency Directives: the new country by country reporting requirements", which gave the opportunity for Members to listen to the point of view of civil society and the industry.

166 amendments have been tabled in addition to the 101 presented by the rapporteur. The opinions of ECON, AFET and DEVE committees are available. INTA decided not to issue anopinion.

At this meeting, the rapporteur will present a series of compromise amendments.

34. LAW OF ADMINISTRATIVE PROCEDURE OF THE EUROPEAN UNION

Procedure 2012/2024(INI)Legal basis Article 298 TFUERapporteur Luigi BERLINGUER (S&D) Administrator respons. Leticia ZULETA DE

REALES


Exchange of views 1.03.2012Consideration of the draft report

9-10.07.2012


19.09.2012 noon


10-11.10.2012


Number 7/2012-7L 20 Monday, 09.07.2012

The Committee on Legal Affairs set up, on 23 March 2010, a cross-party Working Group on EU Administrative Law to take stock of the panorama of existing EU administrative law and, as a second step, to propose to the Committee the interventions which it deemed appropriate in the light of Article 298 TFEU.

Having heard the Working Group's recommendations on 22 November 2011, the Committee decided to request a legislative initiative report on the matter. The Committee held a first exchange of views on 1.3.2012.

Luigi Berlinguer sees in a Law of Administrative Procedure an opportunity to reinforce the legitimacy of the Union and, at the same time, to give citizens and businesses clearer rights and more legal certainty in their relations with the Union's administration.

He proposes to call on the Commission to submit a proposal for a regulation on a European Law of Administrative Procedure. The Law should be limited to direct EU Administration and be applicable, as a lex generalis, to all Union Institutions and to all areas of Union activity.

The Law should include a set of general principles of good administration which should guide the actions of the Union's administration and establish a minimum number of basic procedural rules to be followed by the Union's administration when handling individual cases to which a natural or legal person is a party, and other situations where an individual has direct or personal contact with the Union's administration.

At this meeting, Luigi Berlinguer will present his draft report.

35. SAFETY OF OFFSHORE OIL AND GAS PROSPECTION, EXPLORATION AND PRODUCTION ACTIVITIES

Procedure 2011/0309 (COD)Basic doc COM(2011)0688Rules of Procedure Rule 50Rapporteur Eva LICHTENBERGER Administrator respons. Pasquale CiuffredaLead Comm./rapporteur ITRE/Ivo BELET


Exchange of views 30.05.2012Consideration of draft opinion

10.07.2012


The Committee on Legal Affairs will consider a draft opinion by Eva Lichtenberger on the report of the Committee on Industry, Research and Energy on the Proposal for a Regulation of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities.

Under Rule 50 of the Rules of Procedure, the Committee on Legal Affairs will have exclusive competence to amend articles of the legislative text concerning liability for environmental damage.

The exchange of views held at the last meeting on the safety of offshore oil and gas prospection, exploration and production activities has structured the political debate,especially with regard to the ways in which the holder of an authorisation to carry out offshore operations pursuant to Directive 94/22/EC is liable for the prevention and remediation of environmental damage caused by offshore oil and gas activities.

In fact, inter alia, in the draft opinion it is explicitly indicated that entities applying for authorisation for offshore oil and gas activities shall fully disclose evidence of financial and technical capacity and any other relevant information related to the area concerned and the particular stage of exploration and production operations, and make such evidence publicly available.

36. ESTABLISHING THE RIGHTS AND CITIZENSHIP PROGRAMME 2014 - 2020

Procedure 2011/0344(COD)Basic doc COM(2011)0758Legal basis Art 19(2), 21(2), 114, 168,

169, 197 TFEURapporteur Klaus-Heiner LehneAdministrator respons. Alexander KeysLead Comm./rapporteur LIBE/Kinga GönczOpinion Comm./rapporteur

BUDG, EMPL, IMCO, FEMM, PETI

Draft Report 07.06.2012Draft Opinion 26.06.2012

Number 7/2012-7L 21 Monday, 09.07.2012


Exchange of views 10.07.2012Deadline for amend. 18.07.2012Adoption JURI 18.09.2012Adoption Lead Comm. tbdADOPTION PLENARY tbd

The regulation establishing the Rights and Citizenship Programme 2014-2020 is an important text in the field of justice and home affairs. The Rights and Citizenship Programme will replace current programmes covering fundamental rights, citizenship, justice, thefight against domestic violence, gender equality and antidiscrimination.

The regulation is part of the multiannual financial framework for 2014-2020. It mainly concerns the responsibility of the LIBE Committee, but the JURI Committee has decided to issue an opinion in view of the importance of the matter.

The rapporteur's opinion is broadly supportive of the Commission proposal, but proposes some minor amendments to make the objectives and targets more precise, and also specify that delegated acts should be used rather than implementing acts for the annual work programmes under the Programme.

At this meeting, the Committee will consider the draft opinion.

37. RULE 38A: SUBSIDIARITY:

Since 18 June 2012 Parliament has received the following reasoned opinions from National Parliaments raising concerns about subsidiarity:

Reasoned opinionby the Austrian National Council on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 223/2009 on European Statistics (COM(2012)0167–C7-0101/2012 – 2012/0084(COD))by the Spanish Cortes Generales on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 223/2009 on European Statistics (COM(2012)0167–C7-0101/2012 – 2012/0084(COD))

38. ANY OTHER BUSINESS:

39. DATE AND PLACE OF NEXT MEETING

Brussels

Monday 17 September 20123:00 p.m. to 6:30 p.m.

Tuesday 18 September 20129:00 a.m. to 12:30p.m.

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Number 7/2012-7L 22 Monday, 09.07.2012

Annex I

Directorate-General for Internal PoliciesDirectorate C - Citizens' Rights and Constitutional Affairs

Workshop on Common European Sales Law (CESL):Restitution and Prescription

Committee on Legal Affairs

Tuesday 10 July 20129.00 - 10.00

Room ASP 3G-2, European Parliament, Brussels

Opening remarks by Klaus-Heiner Lehne, Chair

9.10- 9.25 Restitution in the Proposal for a Common European Sales LawProf. Christiane Wendehorst, University of Vienna, Austria

9.25 - 9.40 Prescription in the Proposal for a Common European Sales LawProf. Antoni Vaquer, University of Lleida, Spain

Q&A and concluding remarks

Documents

THIS IS NEW - European Parliament · number 7/2012-7l 2 monday, 09.07.2012 1. adoption of the draft agenda 2. announcements of the chairman 3. approval of the minutes of the meeting