AT THIS MEETING This September meeting of the Committee on Fourthly, Ms Lichtenberger will also be Legal Affairs is the first after the summer break, presenting her draft initiative report on the and will see the Committee stepping up work application of EU law, which emphasises the on a number of pieces of legislation, but also importance for citizens of ensuring that EU law holding a final vote on others. is effectively enforced, and encourages the Commission to use all the measures at its Firstly, on Monday afternoon, Ms Thein will be disposal to do so. presenting her two draft reports on the mutual recognition of decisions relating to matrimonial As far as votes are concerned, the Committee property and property in registered will state its position on the package covering partnerships. This is a major issue for citizens financial statements (Mr Lehne) and as it will allow for the easier resolution of some transparency requirements (Ms McCarthy), legal problems which may arise when couples thus allowing the legislation to pass on to the own property in several Member States. next stage. Secondly, Ms Regner will be leading an exchange of views on the proposal for a statute of the European Foundation. This project is of essential importance for furthering the social aspect of the European Union, as it aims to give foundations cross-border rights similar to those which profit-making companies already have. Thirdly, on Tuesday morning, Mr Karim will be presenting his draft reports on the audit package, which aim to improve the European legislative framework for statutory audit whilst ensuring that the burden for small and medium-sized businesses is as small as possible. Number 8/2012-7L 1 Thursday, 13.09.2012 ORDINARY MEETING OF 17 - 18 SEPTEMBER 2012 1. ADOPTION OF THE DRAFT AGENDA Draft report 17.09.2012 Deadline for amend. 24.09.2012 2. ANNOUNCEMENTS OF THE CHAIRMAN At this meeting, the rapporteur on both proposals, Alexandra Thein, is going to present her draft reports on these two files concerning the property rights of international couples. 3. APPROVAL OF THE MINUTES OF THE MEETING OF: The two Commission proposals from March 2011 aim at clarifying the rules covering the property rights of international couples, containing, in one 18-19 June 2012 text, rules on jurisdiction, applicable law and the 9-10 July 2012 recognition and enforcement of decisions as regards matters of matrimonial property regimes, and in the other text, on applicable law and the recognition and enforcement of decisions regarding the property consequences of registered 4. DECISIONS IN MATTERS OF partnerships. The Commission explains the fact MATRIMONIAL PROPERTY REGIMES that two separate proposals have been submitted Procedure 2011/0059 (CNS) with the distinctive features of marriage and Basic doc COM(2011)0126 registered partnerships. Rapporteur Alexandra Thein Opinions LIBE/Evelyne Gebhardt Council has made some, but slow progress on the FEMM/Marina files, with the Cypriot Presidency now intensifying Yannakoudakis Administrator respons. Susanne Knöfel work in the Council working groups. PRELIMINARY TIMETABLE The rapporteur, at this meeting, will present her amendments to the two proposals to the Exchange of views (I) 21.06.2011 Committee: as regards matrimonial property Consideration of 21.11.2011 working document regimes, she suggests in particular a number of Draft report 17.09.2012 clarifications as regards the scope, a restructuring Deadline for amend. 24.09.2012 and clarification of the rules on applicable law and a clear orientation towards other instruments in the area of cooperation in civil matters – such as 5. DECISIONS REGARDING THE PROPERTY the recently adopted Regulation on wills and CONSEQUENCES OF REGISTERED succession, as well as the Brussels I Regulation, PARTNERSHIPS currently being recast. Procedure 2011/0060 (CNS) As regards the property regimes for registered Basic doc COM(2011)0127 partnerships, she proposes to a large extent Rapporteur Alexandra Thein Opinions LIBE/Michael Cashman, parallel rules to the ones on married couples, in FEMM particular opening the possibility for a choice of Administrator respons. Susanne Knöfel law also for registered partnerships. The absence of choice of law in the Commission proposal had PRELIMINARY TIMETABLE been the subject of an opinion requested by Exchange of views (I) 21.06.2011 Parliament upon initiative of JURI from the Consideration of 21.11.2011 Fundamental Rights Agency in Vienna which working document found that the Commission has not sufficiently Consideration of 01.03.2012 justified the differentiation between married request to Fundamental couples and registered partnerships. Rights Agency Presentation of opinion 18.06.2012 of Fundamental Rights In both draft reports, the provisions on Agency recognition, enforceability and enforcement of Number 8/2012-7L 2 Thursday, 13.09.2012 decisions as well as authentic instruments and Procedure 2012/0224 (COD) court settlements are proposed to be aligned with Basic doc COM(2012)0377 the Regulation on Wills and Successions. Legal basis Article 336 TFEU Rapporteur Dagmar Roth-Behrendt Administrator respons. Alexander Keys 6. STATUTE FOR A EUROPEAN PRELIMINARY TIMETABLE FOUNDATION Draft report 17.09.2012 Rapporteur Evelyn Regner Deadline for amend. 28.09.2012 Administrator respons. Susanne Knöfel Adoption JURI 11.10.2012 Opinion Comm./ CULT/Nadja Hirsch ADOPTION PLENARY tbd rapporteur This regulation, as proposed by the Commission, PRELIMINARY TIMETABLE provides, in connection with the accession of Exchange of views 17.09.2012 Croatia, for a derogation to the general rules on the recruitment of European Union staff. The Commission presented on 8 February 2012 a proposal for a European Foundation Statute with Traditionally, the requirements have been the aim of creating a single European legal form temporarily adjusted when countries have joined (the ‘European Foundation’ (FE)) which would be the Union, in order to allow for 'positive fundamentally the same in all Member States and discrimination' in favour of acceding countries. The exist in parallel with domestic foundations. The Commission now proposes to do the same for Statute focuses on public benefit purpose Croatian citizens. foundations. In particular, competitions held under this Main requirements for the FE would be, for derogation will be for essential Croatian linguistic instance, that each FE would need to prove its staff (translators, interpreters, editors, proofreaders public benefit purpose, cross-border dimension and press officers), as well as for generalist and that it possesses the minimum founding administrators and assistants. assets of €25 000. An FE could be either set up from scratch, or by converting a national This regulation is quite urgent, as it should be in foundation into a European Foundation or place at the latest by the time Croatia joins the through a merger of national foundations. An FE European Union; otherwise, recruitment to would acquire a legal personality upon its linguists' posts in particular will be jeopardised, registration in a Member State. As regards taxes, impairing the institutions' capacity to work in European Foundations will benefit from the same Croatian, which will then be an official language. tax regime as the one applicable to domestic ones. Donors supporting European Foundations will be At this meeting, the rapporteur will present the entitled to the same tax benefits as if they were draft report, proposing that the regulation should be donating to a foundation established in their own adopted without amendment. Member State. Discussions in Council have only just started. 8. AWARD OF CONCESSION CONTRACTS Under the relevant legal basis, Article 352 TFEU, Procedure 2011/0437 (COD) unanimity is required in Council and Parliament's Basic doc COM(2011)897 consent would have to be obtained. Rapporteur Raffaele Baldassarre Administrator respons. Pasquale Ciuffreda At this meeting, the rapporteur, Evelyn Regner, Lead Comm./rapporteur IMCO/Philippe Juvin will lead a first exchange of views. 7. INTRODUCTION, ON THE OCCASION OF PRELIMINARY TIMETABLE THE ACCESSION OF CROATIA, OF SPECIAL TEMPORARY MEASURES FOR THE Exchange of views 30.05.2012 Consideration of draft 17.09.2012 RECRUITMENT OF OFFICIALS AND opinion TEMPORARY STAFF OF THE EUROPEAN Deadline for amend. 24.09.2012 UNION Adoption JURI 26.11.2012 Adoption Lead Comm. 10.12.2012 Number 8/2012-7L 3 Thursday, 13.09.2012 ADOPTION PLENARY tbd contain a straightforward codification of existing texts, without any change in their substance. The Committee on Legal Affairs will consider a draft opinion on the report of the Committee on Under Rule 87 of the Rules of Procedure, when a Internal Market and Consumer protection on the Commission proposal recasting Union legislation Proposal for a Directive of the European is submitted to Parliament, that proposal shall be Parliament and of the Council on the award of referred to the committee responsible for legal concession contracts. affairs and to the committee responsible for the subject matter. The absence of clear rules at Union level governing the award of concession contracts The committee responsible for legal affairs shall gives rise to legal uncertainty and to obstacles to examine the proposal in accordance with the the free provision of services, and causes Interinstitutional Agreement of 28 November distortions in the functioning of the Internal 2001 on a more structured use of the recasting Market. technique for legal acts and Rule 87 of the Rules of Procedure with a view to verifying that it An adequate legal framework for the award of entails no substantive changes other than those concessions would ensure effective and non- identified as such in the proposal. discriminatory access to the market for all EU's economic operators as well as legal certainty, favouring public investments in infrastructures and strategic services to the citizen. The draft opinion tabled by the Rapporteur Mr Raffaele Baldassarre aims to provide for clarity on VOTE the legal framework applicable to the award of Legal basis (Rule 37) concessions and to clearly define the scope of this framework.