Report on the meeting of the Committee on Legal Affairs (JURI) of the European Parliament, held in Brussels on 25 and 26 February 2008

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NOTE from :

General Secretariat of the Council

to : delegations

Subject : Report on the meeting of the Committee on Legal Affairs (JURI) of the European Parliament, held in Brussels on 25 and 26 February 2008

Mr GARGANI (PPE-DE, IT) chaired the meeting.

It should be noted that the exchange of views on the following reports was postponed:

  • draft opinion by Neena GILL - White Paper on sport;
  • draft opinion by Luis De GRANDES PASCUAL - Combating terrorism;
  • draft opinion by Neena GILL - 2006 discharge: EC general budget - Court of Justice.

I. Hearing ­ Transparency of institutional investors

Rapporteur: Klaus Heiner LEHNE (DE)

The hearing focused on the following topics:

  • alternative investment vehicles & mitigation of potential adverse market dynamics
  • alternative investment vehicles & transparency of investment policies
  • alternative investment vehicles & (self-)regulation.

II. Presentation of a short study on the legal basis for an optional instrument on European contract law: Prof. Dr. Martijn W. HESSELINK

Having excluded Articles 65 and 94 & 95 of the EC Treaty as the possible legal basis for an

optional instrument on a Common Frame of Reference in EU contract law, Prof. Hesselink

concluded that Article 308 of the EC Treaty would constitute an appropriate legal basis.

III. Consideration of reports as leading committee

  • a) 
    Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law COM(2007)51- 6297/07 - 2007/0022(COD)

Rapporteur: Hartmut NASSAUER (PPE DE, DE)

Consideration of a draft report.

Timetable:

Deadline for tabling amendments: 13 March 2008 Vote in JURI: April 2008

Vote in plenary: May 2008

  • b) 
    A simplified business environment for companies in the area of company law, accounting and auditing

COM(2007)0394 ­ 2007/2254(INI) Rapporteur: Klaus Heiner LEHNE (PPE DE, DE)

Consideration of a draft report.

Timetable:

Adoption in JURI: 26 27 March 2008 Adoption in plenary: April 2008

  • c) 
    Proposal for a Regulation of the European Parliament and of the Council adapting a

number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny

COM(2007)0741 ­ 16401/07 ­ 2007/0262(COD) Rapporteur: József SZÁJER (PPE DE, HU)

Exchange of views.

Timetable: Deadline for tabling amendments: 4 March 2008

Adoption in JURI: 26 27 March 2008 Adoption in plenary: April 2008

  • d) 
    Proposal for a Regulation of the European Parliament and the Council adapting a

number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny

COM(2007)0824 ­ 5151/08 ­ 2007/0293(COD) Rapporteur: József SZÁJER (PPE DE, HU)

Exchange of views.

Timetable: Deadline for tabling amendments: 4 March 2008

Adoption in JURI: 26 27 March 2008 Adoption in plenary: April 2008

  • e) 
    Proposal for a Regulation of the European Parliament and the Council adapting a

number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny

COM(2007)0822 ­ 5148/08 ­ 2007/0282(COD) Rapporteur: József SZÁJER (PPE DE, HU)

Exchange of views.

Timetable: Deadline for tabling amendments: 4 March 2008

Adoption in JURI: 26 27 March 2008 Adoption in plenary: April 2008 IV. Consideration of reports as committee for opinion

  • a) 
    Proposal for a Directive of the European Parliament and of the Council on the

protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange (presented by the Commission) COM(2007)0303 ­ 10686/07 ­ 2007/0113(COD)

Draftsman: Antonio LÓPEZ ISTÚRIZ WHITE (PPE DE, ES)

Consideration of a draft opinion.

Timetable:

Deadline for tabling amendments: 4 March 2008

Adoption in IMCO, the leading committee: 1 April 2008

Consideration of a draft opinion.

Timetable:

Deadline for tabling amendments: 4 March 2008 Adoption in JURI: March 2008

Adoption in IMCO, the leading committee: April 2008

communications networks and services, 2002/19/EC on access to, and interconnection of electronic communications networks and services, and 2002/20/EC on the authorisation of electronic communications networks and services COM(2007)697 ­ 15379/07 ­ 2007/0247(COD) Draftsperson: Manuel MEDINA ORTEGA (PSE, ES)

Exchange of views.

  • d) 
    Proposal for a Directive of the European Parliament and of the Council amending

Directive 2002/22/EC on universal service and users' rights relating to electronic

communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on consumer protection cooperation COM(2007)0698 - 15387/07 - 2007/0248(COD) Draftsperson: Lidia Joanna GERINGER DE OEDENBERG (PSE, PL)

Exchange of views.

  • e) 
    Proposal for a Regulation of the European Parliament and of the Council establishing the European Electronic Communications Market Authority COM(2007)0699 ­ 15408/07 ­ 2007/0249(COD) Rapporteur: Sharon BOWLES (ALDE, UK)

Exchange of views.

V. Exchange of views on the legal basis It should be noted that this point was added to the agenda.

Proposal for a Regulation of the European Parliament and of the Council setting

emission performance standards for new passenger cars as part of the Community's

integrated approach to reduce CO emissions from light-duty vehicles 2

COM(2007)856 - 5089/08 - 2007/0297(COD) Rapporteur: Diana WALLIS (ALDE, UK)

The rapporteur suggested to refer the issue to the Legal Service of the European Parliament.

VI. Vote on reports as committee for opinion

Draftsman: Giuseppe GARGANI (PPE DE, IT)

The draft opinion was adopted with amendments.

Timetable:

Adoption in ENVI, the leading committee: 26 27 March 2008

VII. Vote on decisions on legal basis

  • a) 
    Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement COM(2007)831 ­ 5331/08­ 2007/0285(CNS) Rapporteur: Diana WALLIS (ALDE, UK)

The Committee voted in favour of the second subparagraph of Article 300(3) of the EC Treaty as

the legal basis of the proposal.

  • b) 
    Proposal for a Council Decision establishing a European Migration Network COM(2007)466 ­ 12481/07 ­ 2007/0167(CNS) Rapporteur: Diana WALLIS (ALDE, UK)

The Committee voted in favour of Article 66 of the EC Treaty as the legal basis of the proposal

(contrary to what had been suggested by LIBE as the leading committee).

VIII. Vote on codification

  • a) 
    Proposal for a regulation of the European Parliament and of the Council on the

statistical classification of economic activities in the European Community (codified version)

COM(2007)0755 ­ 16010/07 ­ 2007/0256(COD) Rapporteur : Lidia Joanna GERINGER DE OEDENBERG (PSE, PL)

The Committee approved the codification.

  • b) 
    Proposal for a Council directive on the identification and registration of pigs (codified version)

COM(2007)0829 ­ 16844/07 ­ 2007/0294(CNS) Rapporteur : Lidia Joanna GERINGER DE OEDENBERG (PSE, PL)

The Committee approved the codification.

  • c) 
    Proposal for a Council directive on the marketing of vegetable propagating and planting material, other than seed (codification version) COM(2007)0852 ­ 5215/08 + COR 1 ­ 2007/0296(CNS)

Rapporteur : Lidia Joanna GERINGER DE OEDENBERG (PSE, PL)

The Committee approved the codification.

IX. Time and place of next meeting

Wednesday 26 March 2008 from 9:00 to 12:30,

Wednesday 26 March 2008, from 15:00 to 18:30 and

Thursday 27 March 2007, from 9:00 to 12:30 in Brussels. For further information: Ms Jakowiak (tel. 3607)

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