Rule 138 : Statements explaining the use of Article 122 of the Treaty on the Functioning of the European Union as a legal basis

1.   When the Commission plans to adopt a proposal for a legal act based on Article 122 of the Treaty on the Functioning of the European Union, the President shall invite the President of the Commission to make a statement to Parliament explaining the reasons for the choice of that legal basis, as well as outlining the main objectives and elements of the proposal. The statement shall be made prior to the formal adoption of the proposal by the Commission. Failing that, it shall be included in the draft agenda of the first part-session following the adoption of the proposal by the Commission, unless the Conference of Presidents decides otherwise. The Conference of Presidents shall decide whether the statement is to be followed by a debate. Rule 136(2) to (8) concerning the tabling and voting of motions for resolutions shall apply mutatis mutandis.

When such statement is not placed on the agenda of the first part-session following the adoption of the proposal mentioned in the first subparagraph, the committee responsible for the subject-matter shall invite the Commissioner responsible to provide the information referred to in the first subparagraph at one of its forthcoming meetings.

2.   The President shall refer the proposal to the committee responsible for legal affairs for verification of the legal basis. If that committee decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament, if necessary orally. Rule 155(3) to (5) shall apply.

3.   When a proposal for a legal act based on Article 122 of the Treaty on the Functioning of the European Union has potential appreciable implications for the Union budget, Parliament shall request that the procedure of budgetary scrutiny provided for in the joint declaration of the European Parliament, the Council and the Commission of 16 December 2020 (1) be initiated.

Parliament’s delegation to the Joint Committee provided for in the joint declaration referred to in the first subparagraph shall be made up of one member of its committee responsible for budgetary issues from each political group and one member from any committee responsible for the subject-matter.

4.   At the earliest three months after the entry into force of the legal act based on Article 122 of the Treaty on the Functioning of the European Union and at appropriate intervals thereafter, the President shall invite the Commissioner responsible to make a statement to Parliament reporting on the implementation of the legal act concerned and on the necessity to maintain its provisions in light of the requirements of the Treaties. The procedure set out in paragraph 1 shall apply mutatis mutandis.