Previous 
 Next 
Rules of Procedure of the European Parliament
8th parliamentary term - March 2019
EPUB 144kPDF 974k
CONTENTS
APPENDIX
NOTE TO THE READER
COMPENDIUM OF THE MAIN LEGAL ACTS RELATED TO THE RULES OF PROCEDURE

TITLE II : LEGISLATIVE, BUDGETARY, DISCHARGE AND OTHER PROCEDURES
CHAPTER 9 : OTHER PROCEDURES

Rule 104 : Recasting

1.   Where a proposal recasting Union legislation is submitted to Parliament, it shall be referred to the committee responsible for legal affairs and to the committee responsible for the subject-matter.

2.   The committee responsible for legal affairs shall examine the proposal in accordance with the arrangements agreed at interinstitutional level (1) in order to check that it entails no substantive changes other than those identified as such in the proposal.

For the purpose of that examination, amendments to the text of the proposal shall be inadmissible. However, the second subparagraph of Rule 103(3) shall apply to provisions which remain unchanged in the recasting proposal.

3.   If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

In such a case, over and above the conditions laid down in Rules 169 and 170, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.

4.   If the committee responsible for legal affairs considers that the proposal entails substantive changes other than those which have been identified as such in the proposal, it shall propose that Parliament reject the proposal and shall inform the committee responsible for the subject-matter that it has done so.

In such a case the President shall ask the Commission to withdraw it. If the Commission does so, the President shall declare that the procedure in Parliament is superfluous and shall inform the Council accordingly. If the Commission does not withdraw its proposal, Parliament shall refer it back to the committee responsible for the subject-matter, which shall consider it in accordance with the normal procedure.

(1) Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, point 9 (OJ C 77, 28.3.2002, p. 1).
Last updated: 13 May 2019Legal notice - Privacy policy