Comitology under greater scrutiny

European Environmental Law Review

Volumn 15, Issue 11, 2006, Pages 306-311

  Pocklington, David ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

DECISION MAKING; ENVIRONMENTAL LEGISLATION; EUROPEAN UNION; IMPLEMENTATION PROCESS; POLITICAL POWER;

EID: 33751515443     PISSN: 09661646     EISSN: None     Source Type: Journal    
DOI: 10.54648/eelr2006032     Document Type: Article

References (33)

1. The views expressed in this article are those of the author, and do not necessarily reflect those of the British Cement Association or its member
2. R Corbett, "Comitology: towards a definite solution?", 4 May 2003.
3. E Tufet-Opi, "Life after End-of-Life: The Replacement of End-of-Life Product Legislation by an European Integrated Policy in the EC", Journal of Environmental Law, [2002], 14, (1), 33.
4. Rothmans International BV v Commission, Case T-188/97. Judgment 19 July 1999.
5. The House of Lords Select Committee on the Scrutiny of Delegated Powers defined a Henry VIII clause as, "... a provision in a bill which enables primary legislation to be amended or repealed by subordinate legislation with or without further Parliamentary scrutiny" (HLP 57 1992/93). The clauses were so named from the Statute of Proclamations 1539, which gave King Henry VIII power to legislate by proclamation.
6. D N Pocklington, "The significance of the proposed changes to the Waste Framework Directive" [2006] EELR 75.
7. By a qualified majority in the case of "Management" Committees and by a blocking minority for "Regulatory" Committees.
8. A Constitution for Europe, http://europa.eu/constitution/index_en.htm
9. PES, UK, rapporteur of the Constitutional Affairs Committee.
10. EPP-ED, Fr, Chairman of the Conference of Committee Chairman.
11. European Parliament Report on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, R Corbett Rapporteur, A60236/2006, Final.
12. Council Decision 2006/512/EC, Council Decision of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission.
13. Council Decision 87/373/EEC, (the "Comitology Decision").
14. Council Decision 99/468/EC.
15. Here, the EP resolution was not based upon Article 8, because the provision was not made under co-decision. This was therefore a normal political resolution as provided for in the Parliament's own rules of procedure.
16. Environment, Public Health and Food Safety.
17. On 20 June, whereas the announcement on comitology was on 13 June.
18. Proposal for a Directive of the European Parliament and of the Council on waste, COM (2005) 667 final.
19. Draft Report on the proposal for a Directive of the European Parliament and of the Council on waste, (COM(2005)0667 - C6-0009/2006 - 2005/ 0291(COD), Committee on the Environment, Public Health and Food Safety, Rapporteur: Caroline Jackson: 20 June 2006.
20. Articles: 4, 6, 13, 14(2), 15(2), 25 (3)
21. Article 28.
22. Articles 5(2), 11(2), 21.
23. Since the energy efficiency criteria will determine to what extent a country has a recovery or a disposal infrastructure.
24. A fuller description is given in Ref141340089, Ref141340106 and Ref141340244.
25. COM(2002)728 final.
26. Proposal for a Council Decision amending Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, COM 719 of 11.12 2002.
27. The following reports gave rise to contentions comitology issues: Nassauer, the third money laundering Directive; Cashman, the regulation of external and internal borders; Code, the rules governing the movement of persons across borders. Doorn, Statutory audia of annual and consolidated accounts; and Radwan, Capital adequacy of investment firm and credit institutions.
28. Under Rule 55(3) of the Rules of Procedure.
29. Two draft Commission declarations were also produced in relation to the language regime and the alignment of acts in force.
30. After Art. 5.
31. Article 5a (4)(b) and (d).
32. In Annex I to reference 11 entitled: "Statement to be adopted at a forthcoming trialogue between the European Parliament, the Council and the Commission.
33. Although the two "recycling" Directives (formerly referred to as the "producer responsibility" Directives) are included on this list, the Packaging and Packaging Waste Directive, 94/62/EC, is not-the legal basis for the Directive Art. 95(1) [formerly Art. 100] and was introduced as a harmonisation measure under the co-operation procedure.