MINUTES OF THE MEETING OF THE PRESIDENTIAL TROIKA OF COSAC
Prague, 11 May 2009
PRESENT AT THE MEETING:
IN THE CHAIR: Ms Kateřina JACQUES (Poslaneckásněmovna,Czech Republic) and MrLuděk SEFZIG (Senát, Czech Republic);Mr Hubert HAENEL (Sénat, France); Mr Michel HERBILLON (Assembléenationale,France); Ms Anna KINBERG BATRA (Riksdag, Sweden); Mr Edward McMILLAN-SCOTT(European Parliament).AGENDA:
1. Opening of the proceedings and adoption of the agenda of the Troika Meeting2. Adoption of the agenda of the XLI COSAC Meeting3. 11th Bi-annual Report4. Report on the results of the subsidiarity check and the next subsidiarity check5. Contribution and Conclusions of the XLI COSAC Meeting6. AOBPROCEEDINGS:
1. Opening of the proceedings and adoption of the agenda of the Troika Meeting
The meeting was chaired by Mr Luděk SEFZIG and Ms Kateřina JACQUES who welcomedthe delegations.The agenda of the meeting of the Presidential Troika of COSAC was presented by MrSEFZIG and unanimously adopted as above.2. Adoption of the agenda of the XLI COSAC Meeting
Mr SEFZIG outlined the draft agenda of the meeting of the XLI COSAC. He also drewattention to the political situation in the Czech Republic, especially the appointment of thenew Government only a few days before the beginning of the XLI COSAC Meeting. This wasthe reason for some last minute adjustments to the programme.The draft agenda was approved by consensus.3. 11th Bi-annual Report
Mr SEFZIG introduced the 11th Bi-annual Report and thanked the COSAC Secretariat fordrafting an excellent report. Mr SEFZIG also informed the Troika that the Presidency hadtried to reflect the conclusions of the 11th Bi-annual Report in the draft Contribution andConclusions of the XLI COSAC.The Troika endorsed the 11th Bi-annual Report of COSAC.4. Report on the results of the subsidiarity check and the next subsidiarity check
Mr SEFZIG presented the Report on the results of the subsidiarity check on the proposal fora directive of the European Parliament and of the Council on standards of quality and safetyof human organs intended for transplantation that was drafted by the COSAC Secretariat andpublished before the XLI COSAC Meeting.Mr SEFZIG noted that the subsidiarity check had been conducted by 27 parliaments andparliamentary chambers from 20 Member States within the period of eight weeks provided forby Protocol 2 to the Treaty of Lisbon. 25 out of 27 had found that the Proposal was not inbreach of the principle of subsidiarity. One chamber had found a breach.Mr SEFZIG reminded the Troika of the decisions of the COSAC Chairpersons’ Meetings inParis on 7 July 2008 and in Prague on 10 February 2009 to conduct subsidiarity checks (i) onthe Proposal for a Regulation of the European Parliament and of the Council on the applicablelaw, jurisdiction, recognition of decisions and administrative measures in the area ofsuccessions and wills, and (ii) on the Proposal for a Framework Decision on criminal rights incriminal proceedings. The date of the adoption of the first Proposal had been repeatedlypostponed by the European Commission; the second Proposal is to be adopted in July 2009.The Troika decided to keep both Proposals as subjects of future subsidiarity checks. Thechecks will begin when the Proposals are adopted by the Commission.5. Contribution and Conclusions of the XLI COSAC
Mr SEFZIG introduced the draft Contribution and Conclusions of the XLI COSAC. The firstdraft had been sent to national parliaments and to the European Parliament in advance of theXLI COSAC Meeting. Mr Sefzig expressed his thanks for all the amendments and commentswhich had been submitted and which the Presidency had taken into consideration whilepreparing the second draft of the Contribution and Conclusions of the XLI COSAC.Mr Edward McMILLAN-SCOTT thanked the Presidency for reflecting the proposals of theEuropean Parliament in the draft Contribution and Conclusions of the XLI COSAC andunderlined the importance of protection and promotion of human rights and democracy in theworld.Referring to the parliamentary oversight of Europol and evaluation of Eurojust, MrMcMILLAN-SCOTT asked that the Contribution and Conclusions reflect the need to keep thedebate open until the Treaty of Lisbon enters into force. He also recalled the recent resolutionof the European Parliament on relations between the European Parliament and nationalparliaments under the Treaty of Lisbon which should be taken into consideration whendiscussing this topic.
