Regulation (EU) 2016/95

What it is

to repeal a certain number of legal measures in the field of police cooperation and judicial cooperation in criminal matters that have been identified as obsolete. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: in its Communication of June 2014 on " Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook ", the Commission stated that it was screening the acquis in respect of police cooperation and judicial cooperation in criminal matters in order to identify acts which could be repealed in the context of the expiry of the transitional period set out in the Treaties. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the proposal for a regulation of the European Parliament and of the Council repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters. The committee recommended that the position of the European Parliament adopted at first reading under the ordinary legislative procedure should amend the Commission proposal. Members proposed that that the following acts should be repealed: 7 joint actions because their content has been taken up by successive acts; Council Act 98/C 216/01 and the Convention of 17 June 1998 (driving disqualifications); Framework Decision 2008/978/JHA (European evidence warrant). Members introduced a transitional provision stipulating that any European evidence warrant executed under Framework Decision 2008/978/JHA shall continue to be governed by that instrument until the relevant criminal proceedings have been concluded with a definitive decision. The report contains also amendments aiming at improving the drafting of the act, amendments explaining the position of the UK in view of its decision in accordance with Article 10(4) of Protocol 36 and a new recital justifying the use of a regulation as a legal instrument for repealing certain acts whose legal basis after the Lisbon Treaty requires adoption of a directive. The European Parliament adopted by 623 votes to 6, with 57 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters. Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows: Parliament proposed that that the following acts should be repealed: 7 joint actions because their content has been taken up by successive act concerning: the directory of counter-terrorism competences; chemical profiling of drugs; the directory of competences on fight against organised crime; combatting drug addiction and trafficking; cooperation on law and order and security; cooperation between customs authorities; Council Act 98/C 216/01 and the Convention of 17 June 1998 (driving disqualifications); Joint Action 98/427/JHA (good practice in mutual legal…

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