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Interinstitutional Agreement Recast

10Apr

(6) Since it prevents the dissemination of isolated acts of amendment which often make it difficult to understand the rules, the redesign technique is therefore an appropriate means of ensuring the legibility of Community legislation in a sustainable and general way. The European Parliament, the Council and the Commission note that the redesign replaces either `vertical` (the new act replacing a single previous act) or `horizontal` (the new act replacing several parallel earlier acts dealing with the same subject). (8) Where it is necessary, during the legislative procedure, to include in the act of revision substantial amendments to the provisions of the amending act which remain unchanged in the Commission`s proposal, these changes are made in accordance with the procedure provided for by the Treaty, in accordance with the applicable legal basis. (a) It appears from the first considering that the new act constitutes an overhaul of the previous act. The aim of this agreement is to establish procedural rules allowing for a more structured use of the redesign technique in the normal Community legislative procedure. 10. This agreement enters into force the day after it is published in the Official Journal of the European Communities. (7) A more structured application of redesign techniques is part of the measures taken by the institutions to facilitate access to COMMUNITY legislation, such as the adoption of the accelerated working method for formal codification and the definition of common guidelines for the quality of the development of COMMUNITY legislation by the inter-institutional agreement of 22 December 1998 (2). (6) An overhaul proposal meets the following criteria: inter-institutional agreement of 28 November 2001 on a more structured application of techniques for redesigning legislative acts (2002/C 77/01) THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, (The European Council, meeting in Edinburgh at December 1992 (2) On 20 December 1994, the European Parliament, the Council and the Commission concluded, following the guidelines drawn up by the European Council, an inter-institutional agreement on an accelerated working method for the formal codification of legislative texts (1) in order to significantly improve the legibility of widely modified acts. (3) However, experience shows that, despite the application of the accelerated method, the commission`s formal codification proposals and the adoption by the legislature of official codification acts are often delayed, in part because further amendments to the act in question have been adopted in the meantime, which means that codification work must resume. (4) It is therefore desirable, particularly with regard to often modified acts, to apply a legislative technique to modify and codify acts within the framework of a single legal text. (5) In this context, where a substantial amendment is required to a previous act, the redesign and redesign allow for the adoption of a single piece of legislation which, at the same time, makes the desired amendment, codifies that amendment with the unchanged provisions of the previous act and repeals it.

(6) Therefore, the redesign technique is an appropriate means of ensuring the legibility of Community legislation on a sustainable and universal basis, as it prevents the dissemination of isolated acts of amendment which often make it difficult to understand regulations. (7) A more structured application of redesign techniques is part of the measures taken by the institutions to facilitate access to COMMUNITY legislation, such as the adoption of the accelerated working method for formal codification and the definition of common guidelines for the quality of the development of COMMUNITY legislation by the inter-institutional agreement of 22 December 1998 (2). (8) The European Council, meeting in Helsinki in December 1999, called for an inter-institutional agreement on the application of redesign techniques to be concluded as soon as possible by the European Parliament, the Council and the Commission,”HAVE AGREED AS FOLLOWS:1.