Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-11-15-Speech-2-236"
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"en.20051115.26.2-236"2
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".
Mr President, in its conclusions of 28 June 2004 on the Commission communication on the operating framework for European regulatory agencies, the Council noted the existence of various decentralised Community bodies which fell within the broad heading of European agencies. It noted that, while these bodies had certain formal characteristics in common, they were in fact very diverse. The Council therefore called on the Commission to provide a clear definition of regulatory agencies according to their competences and tasks. It also considered that a future framework should identify which criteria should be applied when creating regulatory agencies. In particular, it was essential that any decision to create or maintain an agency be justified on the basis of real need and cost-benefit analysis, taking account of the availability of relevant expertise, and including impact assessment.
In February 2005 the Commission presented a draft Interinstitutional Agreement, an IIA, on the operating framework for the European regulatory agencies. This contains rules concerning agencies’ tasks, executive responsibilities, legal base, objectives and mandate, seat, structure and operation, evaluation and control. The Commission proposal suggests that an IIA would be appropriate ‘to ensure that the three institutions are involved from the outset in establishing the basic conditions to be met when acts are subsequently adopted to set up sectoral agencies’ and that ‘this type of legal instrument ... does not rule out the possibility of more detailed arrangements subsequently being concluded as part of a framework regulation’.
However, the draft IIA presented by the Commission goes beyond the establishment of arrangements for cooperation between the institutions as established in the Treaty, as it concerns the adoption of supra-legislative substantive legal rules which would have the effect of binding the legislature in the future by a procedure not laid down in the Treaty. The Council would like to refer the honourable Members to the declaration on interinstitutional agreements annexed to the Treaty of Nice, which states that interinstitutional agreements ‘may not amend or supplement the provisions of the Treaty’.
In its conclusions of 28 June 2004, the Council acknowledged that ‘the evolving and varying nature of the responsibilities’ of regulatory agencies justified the examination of all questions related to their structure, including the composition of management boards and the respective functions of their bodies. It added that ‘this examination should take into account, inter alia, the competences exercised by, and the nature of the tasks allocated to, each agency’.
Although an IIA may have certain binding legal effects in so far as its contents express the desire of the three institutions to enter into a binding commitment towards each other, this instrument cannot be used to adopt legislative or even supra-legislative rules. The proposals on this legal issue are therefore on the table for consideration by the Council.
The Council is ready to examine a horizontal proposal for agencies which addresses the legal issues that I have raised in my reply."@en1
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