Summary of the meeting of the Committee on Legal Affairs (JURI) Brussels, 8 April 2008

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Subject : Summary of the meeting of the Committee on Legal Affairs (JURI) Brussels, 8 April 2008

Mr CORLATEAN (PSE, RO) chaired the meeting of the Committee.

I. Consideration of reports as leading committee a) Transparency of institutional investors 2007/2239(INI)

Rapporteur: Mr LEHNE (PPE-DE, DE)

In his presentation of the draft report, Mr LEHNE emphasised the following points:

  • - 
    The need to target improvement of existing national legislations and to avoid

merely adding EU legislation to them ;

  • - 
    The need for harmonisation in the private equity funds system with relation to

asset stripping and debt;

  • - 
    The need for the business sector to assume its responsibilities and allow more

transparency.

Mr MEDINA ORTEGA (PSE, ES) and Ms BOWLES (ALDE, UK) found that recital f did

not reflect the complexity of the problem. Mr MEDINA ORTEGA suggested that the

rapporteur include the recommendations that are in the annex to the text of the draft report

and with regard to recital h that allowing finance and banking institutions to self regulate

would be risky and would not ensure consumer protection. According to Ms BOWLES, more

analysis and discussion were needed in order to define properly the scope of application of

future legislation.

Mr LEHNE responded that he based his conclusion that lack of transparency was not at the

root of the international financial crisis (recital f) on experts' opinions. Self regulation per se

was not enough and if EU legislation were to be adopted in the future, it would certainly take

into account the interests of the stakeholders and would be accepted by the sector.

Timetable

Vote in committee: 27 May 2008 Vote in plenary: June 2008

  • b) 
    e-Justice Initiative report - no document available yet

Rapporteur: Ms WALLIS (ALDE, SE)

Ms WALLIS insisted on the necessity for the Parliament to watch closely the discussions on

this topic which take place in the corresponding working group of the Council. She hoped her

rapport be concluded under the French Presidency.

The interventions of others members of the committee focused on the necessity to establish

procedures ensuring access to Internet for all, as well as on practical difficulties raised by the

implementation of this initiative: different technical levels of development from a Member

State to another, existence of different types of potential users, etc.

Mr SAKALAS (PSE, LT) suggested that the rapporteur organise a hearing of experts, idea

welcomed by Ms Wallis.

Timetable

Vote in committee: 5 May 2008

Vote in plenary: 28-29 May 2008

II. Consideration of reports as opinion-giving committee

  • a) 
    Proposal for a Regulation of the European Parliament and of the Council establishing the European Electronic Communications Market Authority

COM(2007)0699 ­ C6-0428/2007 ­ 2007/0249(COD)

Draftswoman: Ms BOWLES (ALDE, UK)

  • - 
    Consideration of a draft opinion

Ms BOWLES announced that she wanted an increased role for the Parliament in the scrutiny

and nomination of the organs of the future entity. She suggested the creation of the future

entity under Article 95 EC. Some of the amendments confer on the Parliament a role in

nominating the Director and of the members of the Administrative Board, as well as the

deletion of the possibility to bring actions against the agency before the CFI.

Mr PAPASTAMKOS, (PPE-DE, GR) referred to the risk of proliferation of agencies and

advocated a better use of the existing agencies. He also expressed doubts on the compatibility

of the proposal with the principles of subsidiarity and proportionality.

Timetable:

Tabling of amendments: 5 May 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)0697 ­ C6-0427/2007 - 2007/0247(COD)

Draftsman: Mr MEDINA ORTEGA (PSE, ES)

  • - 
    Exchange of views

Mr MEDINA ORTEGA focused on the following points:

  • - 
    The legal basis of the Commission proposal : is Article 95 EC sufficient? Quid of

Article 308 CE which provides only for consultation of the Parliament?

  • - 
    The need to define well the regulatory authority in order to avoid bureaucracy or a

lack of democratic scrutiny;

  • - 
    The need to define well consultation and coordination between national regulators.
  • - 
    The need to provide for judicial remedies against sanctions applied by national

regulators.

Timetable:

Tabling of amendments: 5 May 2008

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 ­ C6-0420/2007 - 2007/0248(COD)

Draftswoman: Ms GERINGER DE OEDENBERG (PSE, PL)

  • - 
    Consideration of a draft opinion

The draftswoman expressed her support for the Commission proposal and proposed some

improvements to the text related namely to the existence of judicial remedies against

decisions blocking access to numbers or services.

According to Mr SAKALAS (PSE, LT), essential issues such as communication security

should figure in the report.

Ms GERINGER DE OEDENBERG stated that the Commission sought to take on board those

consumer protection issues. She added that article 95 of the Treaty seemed to be the right

legal basis and that subsidiarity principle seemed to be fully respected.

Timetable:

Tabling of amendments: 5 May 2008

Vote in Committee: 28-29 May 2008

  • d) 
    Proposal for a modification of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage of 20 September 1976 2007/2207(INI)

Draftsman: Giuseppe GARGANI (PPE­DE, IT) - Exchange of views : postponed

  • e) 
    Combating terrorism

2007/0236(CNS) COM(2007)0650 ­ C6-0466/2007

Draftsman: Luis DE GRANDES PASCUAL (PPE­DE, ES)

  • - 
    Consideration of a draft opinion

Mr DE GRANDES PASCUAL welcomed the Commission's proposal and alerted the

Committee's members of what he called the "Byzantine" discussions in the LIBE Committee

on the same issue. The proposal of the Commission can be improved, but there is no need for

endless discussions on the subject, considering the urgency of the matter.

Mr SAKALAS regretted the absence from the text of any reference to State terrorism or to the

causes of terrorism.

Timetable

Tabling of amendments: 17 April 2008

  • f) 
    Hedge funds and private equity 2007/2238(INI)

Draftswoman: Ms KAUPPI (PPE­DE, FI)

  • - 
    Consideration of a draft opinion

Ms KAUPPI presented her report emphasising the necessity of coordination with the ECON

Committee. She mentioned the need for a precise definition of "hedge funds" and "private

equities", since there is no common definition for all Member States. There is also great need

for a common definition of the off-shore activities or the "private placement" notion and the

appropriate tool is the legislative one, not soft law. She listed the different EU acts applicable

in this area and rejected the idea of a new text and suggested a better use of the existing

legislative texts. She also suggested Codes of conduct to be taken in account.

Ms BOWLES suggested the expansion of the list of EU acts drafted by the rapporteur. She

also emphasised the necessity to have more inquiries on trade on a global basis.

According to Mr MEDINA ORTEGA, some national markets were already highly regulated

and it would be a dangerous step to replace all this national legislation with an EU text.

Timetable

Tabling of amendments: 5 May 2008 Vote in the JURI Committee: 28-29 May 2008 Vote in the ECON Committee: 2 June 2008

Vote in the Plenary: June 2008

  • g) 
    Insurance and reinsurance - Solvency II

2007/0143(COD) COM(2007)0361 ­ C6-0231/2007 Draftswoman: Sharon BOWLES (ALDE)

  • - 
    Consideration of a draft opinion

Ms BOWLES presented her report which underlined the necessity to clarify the involvement

of supervisors in group supervision and on the need to insure the transfer of funds between

undertakings. She also addressed the possibility of granting legal personality to the

Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) under

Article 47 EC and the need to have a consistent approach on supervisory/regulatory liability.

As far as the guarantee schemes are concerned, the directive cannot deal with them and

further work is necessary in this area.

Mr SKINNER (PSE, UK, rapporteur in the ECON Committee on this issue) insisted on the

necessity of strengthening the group support and to clarify the protection of policyholders. He

welcomed the proposals concerning the legal personality of CEIPOS and the ability for

supervisors to defend decisions in Courts.

Timetable

Tabling of amendments: 5 May 2008 Vote in the JURI Committee: 28-29 May 2008 Vote in the ECON Committee: 2 June 2008

Vote in the Plenary: June 2008

Draftsman: Giuseppe GARGANI (PPE­DE, IT) - Consideration of a draft opinion: postponed

Draftsman: Othmar KARAS (PPE­DE, AT) - Exchange of views : postponed

  • j) 
    Application of the principle of mutual recognition of judgments 2008/0803(CNS) 05598/2008 ­ C6-0075/2008 Draftswoman: Neena GILL (PSE, UK) - Exchange of views : postponed

III. Votes

  • a) 
    Mediation in civil and commercial matters 15003/5/2007 ­ C6-0132/2008 - 2004/0251(COD)

Rapporteur: Ms McCARTHY (PSE, UK)

A draft report was adopted unanimously.

Rapporteur: Mr NASSAUER (PPE­DE, DE)

A draft report, with several amendments, was adopted with 15 votes in favour, 11 against and

2 abstentions.

  • c) 
    Establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin

COM(2007)0194 ­ C6-0113/2007 - 2007/0064(COD) A decision concerning the contested legal basis was adopted unanimously.

  • d) 
    The return of cultural objects unlawfully removed from the territory of a Member State (codified version)

COM(2007)0873 ­ C6-0025/2008 - 2007/0299(COD)

Rapporteur: Ms GERINGER DE OEDENBERG (PSE, PL)

A draft report was adopted unanimously.

IV. Date and place of next meeting

Monday 19 May, in Strasbourg

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