Regulation (EU) 2022/2040 amending Regulation (EC) No 805/2004 as regards the use of the regulatory procedure with scrutiny in order to adapt it to Article 290 of the Treaty on the Functioning of the European Union

Summary:

Regulation (EU) 2022/2040 - formally adopted by the co-legislators on 19 October 2022 - introducing amendments to Regulation (EC) No 805/2004 as regards the use of the regulatory procedure with scrutiny in order to adapt it to Article 290 of the Treaty on the Functioning of the European Union (TFEU). This is a text with EEA relevance.

Further information:

Regulation (EC) No 805/2004 created a European Enforcement Order for uncontested claims. It allows for the free circulation of judgments, court settlements and authentic instruments throughout all Member States of the European Union (EU) without any intermediate proceedings needing to be brought in the Member State of enforcement.

The Treaty of Lisbon modified the legal framework governing the powers conferred on the European Commission by the legislator, introducing a distinction between Delegated Acts and Implementing Acts. However, legislative acts adopted before the entry into force of the Treaty of Lisbon confer powers on the Commission to adopt measures under the regulatory procedure with scrutiny.

Earlier proposals relating to the alignment of legislation referring to the regulatory procedure with scrutiny with the legal framework introduced by the Treaty of Lisbon were withdrawn due to the stagnation of the interinstitutional negotiations. In April 2016, the Interinstitutional Agreement on Better Law-Making was concluded between the EU institutions, which acknowledged the need to align all existing legislation to the legal framework introduced by the Treaty of Lisbon.

The draft law for this Regulation was eventually tabled by the European Commission on 14 December 2016. It focuses on the empowerment for the Commission to amend the standard forms set out in the Annexes to Regulation (EC) No 805/2004, which still referred to regulatory procedure with scrutiny. The European Parliament adopted its negotiating mandate on 19 April 2019, but it was not until June 2022 that the Council adopted its own position following an agreement between the co-legislators at technical level. The Act was signed by the co-legislators on 19 October 2022, and published in the Official Journal on 25 October 2022.

• Primary Source

Official

EUR-LEX: COM(2016)798: Proposal for a Regulation adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2016:798:FIN

EUR-LEX: COM(2022)339: Communication pursuant to Article 294(6) TFEU concerning the position of the Council on the adoption of a Regulation amending Regulation (EC) No 805/2004 as regards the use of the regulatory procedure with scrutiny in order to adapt it to Article 290 of the Treaty on the Functioning of the European Union https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:339:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Adapting a number of legal acts in the area of justice to Article 290 TFEU (Commission delegated acts) (2016/0399(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2016/0399(COD)

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