COM/2009/0673

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Implementation of Article 290 of the Treaty on the Functioning of the European Union [change log] oeil

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Contents 1 Article 290 2 Referred documents 3 Non-referred documents 4 Proposed point of view

Article 290

Source: http://euwiki.org/Lisbon_from_html#Article_290

1. A legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act.
   The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the legislative acts. The essential elements of an area shall be reserved for the legislative act and accordingly shall not be the subject of a delegation of power.
2. Legislative acts shall explicitly lay down the conditions to which the delegation is subject; these conditions may be as follows:
   1. the European Parliament or the Council may decide to revoke the delegation;
   2. the delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act.
   For the purposes of (a) and (b), the European Parliament shall act by a majority of its component members, and the Council by a qualified majority.
3. The adjective "delegated" shall be inserted in the title of delegated acts.

Referred documents

In footnote 2 of COM/2009/0673 there is a reference to a Parliament resolution of May 7th 2009. Allegedly this one: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2009-0380+0+DOC+XML+V0//EN&language=EN

See Recitals 9-9(a) and Article 1

'(9)' With regard to agreements with third countries on specific civil justice issues falling within the exclusive competence of the Community, a coherent and transparent procedure should be established to authorise a Member State to amend an existing agreement or to negotiate and conclude a new agreement , in particular where the Community itself has not indicated its intention to exercise its external competence to conclude an agreement by way of an already existing mandate of negotiation or an envisaged mandate of negotiation . This procedure is without prejudice to the exclusive competence of the Community and the provisions of Articles 300 and 307 of the EC Treaty. It must be regarded as an exceptional measure and must be limited in scope and in time.

'(9a)' This Regulation should not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject-matter. Two agreements should be considered to concern the same subject matter only if, and to the extent that, they regulate in substance the same specific legal issues. Provisions simply stating a general intention to cooperate on such issues should not be considered as concerning the same subject-matter.

'(9a)' Exceptionally, certain regional agreements between a few Member States and a few third countries, for example two or three, intended to address local situations and not open for accession to other States should be covered by this Regulation .

'Article 1'

Subject matter and scope

1. This Regulation establishes a procedure to authorise a Member State to amend an existing ▌agreement ▌or to negotiate and conclude a new ▌agreement subject to the conditions laid down in the following provisions.

Non-referred documents

In contradiction with abovementioned resolution? http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2009-0387+0+DOC+XML+V0//EN&language=EN

Proposed point of view