2010/0051(COD)
Commission's exercise of implementing powers: rules and general principles concerning mechanisms for control by Member States
| AFCO | AFET | AGRI | BUDG | CONT | CULT | DEVE | ECON | EMPL | ENVI | FEMM | IMCO | INTA | ITRE | JURI | LIBE | PECH | PETI | REGI | TRAN | |
| Lead Rapporteur | SZÁJER József (EPP) | |||||||||||||||||||
| Opinion Rapporteur(s) | FOX Ashley (ECR) | ALBERTINI Gabriele (EPP) | DE CASTRO Paolo (S&D) | MITCHELL Gay (EPP) | SÁNCHEZ PRESEDO Antolín (S&D) | LEINEN Jo (S&D) | GRECH Louis (S&D) | MOREIRA Vital (S&D) | LÓPEZ AGUILAR Juan Fernando (S&D) | KUHN Werner (EPP) | HÜBNER Danuta Maria (EPP) | EL KHADRAOUI Saïd (S&D) |
Legal basis: TFEU TFEU 291-p3
Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFCO | FOX Ashley (ECR) | |
| Opinion | AFET | ALBERTINI Gabriele (EPP) | |
| Opinion | AGRI | DE CASTRO Paolo (S&D) | |
| Opinion | BUDG | ||
| Opinion | CONT | ||
| Opinion | CULT | ||
| Opinion | DEVE | MITCHELL Gay (EPP) | |
| Opinion | ECON | SÁNCHEZ PRESEDO Antolín (S&D) | |
| Opinion | EMPL | ||
| Opinion | ENVI | LEINEN Jo (S&D) | |
| Opinion | FEMM | ||
| Opinion | IMCO | GRECH Louis (S&D) | |
| Opinion | INTA | MOREIRA Vital (S&D) | |
| Opinion | ITRE | ||
| Lead | JURI | SZÁJER József (EPP) | |
| Opinion | LIBE | LÓPEZ AGUILAR Juan Fernando (S&D) | |
| Opinion | PECH | KUHN Werner (EPP) | |
| Opinion | PETI | ||
| Opinion | REGI | HÜBNER Danuta Maria (EPP) | |
| Opinion | TRAN | EL KHADRAOUI Saïd (S&D) |
Legal Basis TFEU TFEU 291-p3
Activites
- 2011/02/28 Final act published in Official Journal
-
2011/02/16
Final act signed
-
2011/02/16
End of procedure in Parliament
-
2011/02/14
Act adopted by Council after Parliament's 1st reading
- #3066
-
2011/02/14
Council Meeting
-
2010/12/21
CSL Final Agreement
-
2010/12/16
Text adopted by Parliament, 1st reading/single reading
-
T7-0488/2010
summary
The European Parliament adopted by 567 votes to 4, with 18 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows: Selection of procedures: criteria should be laid down to determine the procedure to be used for the adoption of implementing acts. In order to achieve greater consistency, the procedural requirements should be proportionate to the nature and impact of the implementing acts to be adopted. Provided that the basic act confers implementing powers on the Commission relating to programmes with substantial budgetary implications or directed to third countries, the examination procedure should apply. When considering the adoption of other draft implementing acts concerning particularly sensitive sectors, notably taxation, consumers' health, food safety and protection of the environment, the Commission, in order to find a balanced solution, will as far as possible act in such a way as to avoid going against any predominant position which might emerge within the appeal committee against the appropriateness of an implementing act. Referral to the appeal committee: where appropriate, the control mechanism should include referral to an appeal committee which should meet at the appropriate level. The appeal committee shall deliver its opinion by the majority provided for in the Regulation. Until an opinion is delivered, any member of the appeal committee may suggest amendments to the draft acts. The Commission may adapt the draft acts. If the appeal committee delivers a positive opinion, the Commission shall adopt the draft acts. If no opinion is delivered, the Commission may adopt the draft acts. If the appeal committee delivers a negative opinion, the Commission shall not adopt the draft acts. In the absence of a positive opinion voted by the majority provided, the Commission shall not adopt the draft measures. Role of the Chair of the relevant committee: he should endeavour to find solutions which command the widest possible support within the committee or the appeal committee and should explain the manner in which the discussions and suggestions for amendments have been taken into account. For that purpose, the Commission should pay particular attention to the views expressed within the committee or the appeal committee as regards draft definitive anti-dumping or countervailing measures. Right of scrutiny for the European Parliament and the Council: where the basic act is adopted under the ordinary legislative procedure, the European Parliament or the Council may at any time indicate to the Commission that they consider a draft implementing act to exceed the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft measure in question, taking account of the positions expressed, and shall inform the European Parliament and the Council whether it intends to maintain, amend or withdraw the draft implementing act. The European Parliament and the Council should be regularly informed and without delay of the work carried out by the committees. Register: a register containing information on committee proceedings should be kept by the Commission. Consequently, rules relating to the protection of classified documents applicable to the Commission should also apply to the use of the register. Review clause: no later than five years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals. Entry into force: the Regulation shall enter into force on 1 March 2011.
- Results of vote in Parliament
-
T7-0488/2010
summary
-
2010/12/16
Commission response to text adopted in plenary
- SP(2011)1477
- DG Secretariat General, BARROSO José Manuel
-
2010/12/06
Committee report tabled for plenary, 1st reading/single reading
- A7-0355/2010
- AFCO FOX Ashley ECR
- AFET ALBERTINI Gabriele EPP
- AGRI DE CASTRO Paolo S&D
- BUDG
- CONT
- CULT
- DEVE MITCHELL Gay EPP
- ECON SÁNCHEZ PRESEDO Antolín S&D
- EMPL
- ENVI LEINEN Jo S&D
- FEMM
- IMCO GRECH Louis S&D
- INTA MOREIRA Vital S&D
- ITRE
- JURI JURI/7/02475 SZÁJER József EPP
- LIBE LÓPEZ AGUILAR Juan Fernando S&D
- PECH KUHN Werner EPP
- PETI
- REGI HÜBNER Danuta Maria EPP
- TRAN EL KHADRAOUI Saïd S&D
-
2010/12/01
Vote in committee, 1st reading/single reading
- AFCO FOX Ashley ECR
- AFET ALBERTINI Gabriele EPP
- AGRI DE CASTRO Paolo S&D
- BUDG
- CONT
- CULT
- DEVE MITCHELL Gay EPP
- ECON SÁNCHEZ PRESEDO Antolín S&D
- EMPL
- ENVI LEINEN Jo S&D
- FEMM
- IMCO GRECH Louis S&D
- INTA MOREIRA Vital S&D
- ITRE
- JURI JURI/7/02475 SZÁJER József EPP
- LIBE LÓPEZ AGUILAR Juan Fernando S&D
- PECH KUHN Werner EPP
- PETI
- REGI HÜBNER Danuta Maria EPP
- TRAN EL KHADRAOUI Saïd S&D
-
2010/06/07
Deadline Amendments
- 2010/05/20 Committee draft report
-
2010/03/24
Committee referral announced in Parliament, 1st reading/single reading
- AFCO FOX Ashley ECR
- AFET ALBERTINI Gabriele EPP
- AGRI DE CASTRO Paolo S&D
- BUDG
- CONT
- CULT
- DEVE MITCHELL Gay EPP
- ECON SÁNCHEZ PRESEDO Antolín S&D
- EMPL
- ENVI LEINEN Jo S&D
- FEMM
- IMCO GRECH Louis S&D
- INTA MOREIRA Vital S&D
- ITRE
- JURI JURI/7/02475 SZÁJER József EPP
- LIBE LÓPEZ AGUILAR Juan Fernando S&D
- PECH KUHN Werner EPP
- PETI
- REGI HÜBNER Danuta Maria EPP
- TRAN EL KHADRAOUI Saïd S&D
-
2010/03/09
EP officialisation
-
2010/03/09
Legislative proposal
-
COM(2010)0083
summary
PURPOSE: to establish the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: the Treaty of Lisbon substantially modifies the framework for implementing powers that are conferred upon the Commission by the legislator. Contrary to the provisions of the Treaty establishing the European Community ("the EC Treaty"), the new Treaty makes a clear distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), on the one hand, and the powers conferred on the Commission to adopt implementing acts, on the other hand. They are subject to entirely different legal frameworks: the provisions of the new Treaty on delegated acts, which are set out in Article 290 of the Treaty on the Functioning of the European Union ("the Treaty"), provide for the legislator to control the exercise of the Commission's powers by means of a right of revocation and/or a right of objection. These provisions are sufficient in themselves and do not require any legally binding framework to make them operational. the provisions of the new Treaty on implementing acts, which are set out in Article 291, do not provide any role for the European Parliament and the Council to control the Commission's exercise of implementing powers. Such control can only be exercised by the Member States. A legal framework is required to establish the mechanisms of such control. The provisions of the new Treaty also put the co-legislators on an equal footing in relation to the conferral of delegated and implementing powers. Under the EC Treaty it was the Council that could confer implementing powers on the Commission. The Council could also reserve implementing powers to itself in specific cases. Under the new Treaty provisions it is a direct obligation deriving from the Treaty that acts must confer implementing powers on the Commission where this is needed in view of ensuring uniform implementation of these acts. Those acts can also, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, confer implementing powers on the Council instead of the Commission. This does not imply, however, that the Council has any role in controlling the exercise of implementing powers when these are conferred on the Commission. The new Treaty clearly entails that it is the Member States, and they alone, that control the implementation by the Commission where such control is required by a legally binding Union act. As regards the implementation of Article 290 of the Treaty, the Commission has set out its views on the scope of delegated acts in a Communication. IMPACT ASSESSMENT: no impact assessment was undertaken. LEGAL BASIS: Article 291(3) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: this proposal is guided by the new provisions of the Treaty and the new institutional context described above. However, the proposal also draws on Council Decision 1999/468/EC ("the Comitology Decision") and experience gained in implementing that Decision, whilst simplifying its provisions taking into account in particular the following general principles: (i) it is the Member States that are responsible for controlling the Commission's exercise of implementing powers; and (ii) procedural requirements should be proportionate to the nature of implementing acts. The key elements of the proposal that include similarities and innovations in comparison with the 'Comitology' Decision are as follows: - the proposal maintains the Committee structure provided for in the Comitology Decision (Article 3), but rationalises it ; there are only two procedures: the advisory procedure, which mirrors the existing advisory procedure, and a new examination procedure, which will replace - the existing management and regulatory procedures (Articles 4 and 5); the advisory procedure is the general rule and can be applied to all policy domains and for all types of binding implementing measures (Article 2(3)); - the criteria for the choice of the examination procedure mirror those provided for in the Comitology Decision. Nevertheless, these criteria are binding in the sense that only when the criteria are met can the examination procedure in question be used (Article 2(2)); - the examination procedure (Article 5): the main provisions are as follows: where the Committee delivers a negative opinion on the draft measures, the Commission may not adopt them. The Commission may re-submit the draft to the committee for a second deliberation, or table an amended draft. In very exceptional circumstances, the Commission would be able to adopt the draft measures despite a negative opinion but in such a case the committee would have the last word within a time-period which will not exceed one month; where no opinion is reached, the Commission may ultimately decide whether to adopt the measures or not, taking into account inter alia the positions expressed within the committee; in the case of a positive opinion of the committee, the Commission will adopt the measures unless exceptional circumstances or new elements justify them not being adopted. - there are specific procedures for measures to apply immediately on imperative grounds of urgency and where this is provided for in a basic act (Article 6); - the proposal maintains provisions relating to the rules of procedures of committees (Article 7) and regarding public access to information on committee proceedings (Article 8(3)); - building on experience gained with the implementation of the Comitology Decision, the proposal also includes a number of important provisions that are common practice but were not covered by the Decision. These include the provisions for the use of written procedures (Article 3 (5)) in order to obtain the committee's opinion and the possibility for amending draft measures in order to take into account discussions in the committee prior to it delivering its formal opinion (Article 3 (4)); - both legislators should be properly and continuously informed of committee proceedings through the continued use of the existing Comitology Register, which would be adapted to the new procedures; - lastly, for reasons of clarity, consistency and efficiency, the proposal provides for an automatic alignment of the existing acquis to the new procedures (Article 10). The adaptation to the new system will not affect pending procedures in which an opinion has already been delivered. BUDGETARY IMPLICATION: The proposal has no implications for the Community budget.
- DG Secretariat General, BARROSO José Manuel
-
COM(2010)0083
summary
Documents
- Legislative proposal published: COM(2010)0083
- Committee draft report: PE441.207
- Committee report tabled for plenary, 1st reading/single reading: A7-0355/2010
- Decision by Parliament, 1st reading/single reading: T7-0488/2010
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2011)1477
- : Regulation 2011/182
- : OJ L 055 28.02.2011, p. 0013
Votes
Report: Szájer A7-0355/2010 - Legislative resolution
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 567 | 70 | 38 | 16 | 19 | 13 | 217 | 145 | 49 | 0 |
| Against | 4 | 0 | 0 | 0 | 0 | 2 | 0 | 2 | 0 | 0 |
| Abstain | 18 | 0 | 0 | 1 | 6 | 4 | 3 | 4 | 0 | 0 |
| Amendments | Dossier |
| 136 |
2010/0051(COD) Commission's exercise of implementing powers: rules and general principles concerning mechanisms for control by Member States
2010/03/06
AFCO
18 amendments...
Amendment 23 #
Proposal for a regulation Recital 9 (9) The examination procedure should o
Amendment 24 #
Proposal for a regulation Recital 9 (9) The examination procedure should
Amendment 25 #
Proposal for a regulation Recital 10 (10) The advisory procedure should apply
Amendment 26 #
Proposal for a regulation Recital 12 a (new) (12a) The European Parliament and the Council may at any time indicate to the Commission that a draft implementing act exceeds the implementing powers provided for in the basic legislative act. In such a case, the Commission should review the draft measure in question and inform the European Parliament and the Council of the action which it intends to take and of its reasons for doing so.
Amendment 27 #
Proposal for a regulation Article 1 This Regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding Union act (hereafter
Amendment 28 #
Proposal for a regulation Article 2 – paragraph 1 1. A basic act may provide for the application of the examination procedure or the advisory procedure,
Amendment 29 #
Proposal for a regulation Article 2 – paragraph 2 – introductory wording 2. The examination procedure
Amendment 30 #
Proposal for a regulation Article 2 – paragraph 3 3.
Amendment 31 #
Proposal for a regulation Article 2 – paragraph 3 3.
Amendment 32 #
Proposal for a regulation Article 5 – paragraphs 3, 3a (new), 3b (new) 3. If the draft measures are not in accordance with the opinion of the committee, the Commission shall not adopt those measures. 3a. The Commission shall not adopt measures in cases where the non-adoption of an opinion arises from circumstances for which the committee's members are not responsible. Any decision on the effects of non-adoption shall be taken by the committee pursuant to paragraph 1 above. 3b. The chairperson may submit to the committee the draft measures for further deliberation or submit an amended version of the draft measures.
Amendment 33 #
Proposal for a regulation Article 5 – paragraph 3 3. If the draft measures are not in accordance with the opinion of the committee, the Commission shall not adopt those measures. The chairperson
Amendment 34 #
Proposal for a regulation Article 5 – paragraph 4 4. If no opinion is delivered, the Commission
Amendment 35 #
Proposal for a regulation Article 5 – paragraph 5 5. By derogation from paragraph 3, if the
Amendment 36 #
Proposal for a regulation Article 6 – paragraph 4 4. In the case of the examination procedure, where the measures are not in accordance with the opinion of the committee pursuant to Article 5(3),
Amendment 37 #
Proposal for a regulation Article 6 – paragraph 5 5. By way of derogation from paragraph 4, the Commission may maintain the measures in force on grounds related to the protection of the environment or of the health or safety of humans, animals or plants, the conservation of marine resources, for security and safety reasons, or to avoid disruption or threat of disruption of the markets. In those cases, the chairperson shall
Amendment 38 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. The European Parliament and the Council may at any time indicate to the Commission that they consider that a draft implementing act exceeds the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft measure in question and shall inform the European Parliament and the Council of the action which it intends to take and of its reasons for doing so.
Amendment 39 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2 a. The European Parliament and the Council may inform the Commission at any moment that they consider that a draft implementing act exceeds the powers of implementation laid down in the basic act. In such a case, the Commission shall review the draft measures and shall inform the European Parliament and the Council of what action it intends to take and why.
Amendment 40 #
Proposal for a regulation Article 10 – paragraph 1 1.
source: PE-442.893
2010/04/05
INTA
3 amendments...
Amendment 15 #
Proposal for a regulation Recital 15 (15) The Commission's powers, as laid down by the Treaty, concerning the implementation of the competition rules, a
Amendment 16 #
Proposal for a regulation Article 5 – paragraph 1 1. The committee shall deliver its opinion by a qualified majority as provided for in Article 16(4) and (5) of the Treaty on European Union. However in exceptional cases the opinion of the committee can be delivered by a simple majority as provided in Article 238(1) of the Treaty on the Functioning of the European Union.
Amendment 17 #
Proposal for a regulation Article 8 – paragraph 2a (new) 2a. The Commission shall ensure that Representatives of the European Parliament can attend committee meetings as observers. If the Commission decides to exclude Representatives of the European Parliament from committee meetings as observers, it shall explain its decision in writing.
source: PE-441.192
2010/04/16
AGRI
5 amendments...
Amendment 17 #
Proposal for a regulation Recital 10 (10) The advisory procedure should apply
Amendment 18 #
Proposal for a regulation Article 1 This Regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding Union act (hereafter “basic act”) requires that the adoption of binding or non-binding implementing acts by the Commission be subject to the control of Member States.
Amendment 19 #
Proposal for a regulation Article 2 – paragraph 3 3.
Amendment 20 #
Proposal for a regulation Article 5 – paragraph 1 1. The committee shall deliver its opinion by a
Amendment 21 #
Proposal for a regulation Article 9 source: PE-440.220
2010/06/16
REGI
2 amendments...
Amendment 17 #
Proposal for a regulation Recital 4 a (new) (4a) The Treaty makes the conferring of implementing powers on the Commission conditional on the need for uniform application of implementing acts, whereby mechanisms for the Member States to control the Commission's exercise of implementing powers must conform to criteria of efficiency and consistency.
Amendment 18 #
Proposal for a regulation Article 8 - paragraph 2 2.
source: PE-442.937
2010/07/05
PECH
1 amendments...
Amendment 15 #
Proposal for a regulation Article 10 a (new) Article 10a Time-limit for review The Commission shall, before 31 December 2011, examine the Union legislation in force and submit the necessary legislative proposals for its alignment with the provisions of the Treaty of Lisbon and in particular with Articles 290 and 291 of the Treaty on the Functioning of the European Union.
source: PE-441.242
2010/07/06
AFET
19 amendments...
Amendment 9 #
Proposal for a regulation Title Regulation of the European Parliament and of the Council laying down the rules and general principles concerning
Amendment 10 #
Proposal for a regulation Recital 3 (3) The Treaty on the Functioning of the European Union now requires the European Parliament and the Council to lay down the rules and general principles concerning
Amendment 11 #
Proposal for a regulation Recital 4 (4) It is necessary to ensure that procedures for
Amendment 12 #
Proposal for a regulation Recital 8 a (new) (8a) Without prejudice to the procedure to be used for the adoption of implementing acts, which is determined in the basic act, the examination procedure should in principle be used for the adoption of general implementing measures, where uniform conditions are needed.
Amendment 13 #
Proposal for a regulation Recital 9 (9) The examination procedure should
Amendment 14 #
Proposal for a regulation Recital 9 (9) The examination procedure should
Amendment 15 #
Proposal for a regulation Recital 10 Amendment 16 #
Proposal for a regulation Recital 11 a (new) (11a) With regard to implementing acts under the external financial assistance instruments, the European Parliament should be fully involved by the Commission at any stage during the process leading to the submission of drafts of such acts or any amended versions of such acts.
Amendment 17 #
Proposal for a regulation Article 1 This Regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding Union act (hereafter "basic act") requires uniform conditions of implementation and provides that the adoption of binding implementing acts by the Commission be subject to the control of Member States.
Amendment 18 #
Proposal for a regulation Article 2 – paragraph 2 2. The examination procedure
Amendment 19 #
Proposal for a regulation Article 2 – paragraph 3 Amendment 20 #
Proposal for a regulation Article 6 a (new) Article 6a Objections to draft implementing measures If the European Parliament or the Council express objections to draft implementing measures, the adoption of which is contemplated and which have been submitted to a committee pursuant to a basic act adopted under Article 294 of the Treaty, on the grounds that those measures would negate the intention of the legislator as expressed in the basic act, the Commission shall re-examine the draft measures. Taking the reasons for the objections into account and within the time-limits of the procedure under way, the Commission may submit new draft measures to the committee or submit a proposal to the European Parliament and the Council in accordance with the Treaty. The Commission shall inform the European Parliament, the Council and the committee of the action which it intends to take and of its reasons for doing so.
Amendment 21 #
Proposal for a regulation Article 7 a (new) Article 7a Implementing acts under the external financial assistance instruments To ensure the right of scrutiny of the European Parliament the Commission shall involve the European Parliament fully when it adopts implementing acts under the external financial assistance instruments, during the process leading to the submission of drafts of such acts or any amended versions of such acts.
Amendment 22 #
Proposal for a regulation Article 8 – paragraph 1 – point e a (new) (ea) the positions, and the reasons for those positions, of the representatives of the Member States,
Amendment 23 #
Proposal for a regulation Article 8 – paragraph 2 2. The European Parliament
Amendment 24 #
Proposal for a regulation Article 8 – paragraph 2 2. The European Parliament
Amendment 25 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. Representatives and members of all groups of the European Parliament shall have access to committee meetings as observers.
Amendment 26 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. Representatives of the European Parliament shall have the right to attend committee meetings as observers.
Amendment 27 #
Proposal for a regulation Article 10 a (new) Article 10a Time limit for review The Commission shall examine the Union legislation in force and submit the necessary legislative proposals for its alignment with the provisions of the Treaty of Lisbon, particularly with Articles 290 and 291 of the Treaty on the Functioning of the European Union, before…*. ___________ * Six months after the date of entry into force of this Regulation.
source: PE-442.872
2010/08/06
JURI
20 amendments...
Amendment 13 #
Proposal for a regulation Recital 5a (new) (5a) The number of committees formed should be established on the basis of the areas that are to be governed by the procedure provided for in this Regulation,
Amendment 14 #
Proposal for a regulation Recital 15 (15) The Commission's powers, as laid down by the Treaty, concerning the implementation of the competition rules, a
Amendment 15 #
Proposal for a regulation Article 2 – paragraph 1a (new) (1a) An opinion delivered under the examination procedure shall be an assent opinion. An opinion delivered under the advisory procedure shall be an advisory opinion.
Amendment 16 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 17 #
Proposal for a regulation Article 2 – paragraph 2 – introductory part 2. The examination procedure may
Amendment 18 #
Proposal for a regulation Article 2 – paragraph 2 – point b – point iiia (new) iiia) taxation
Amendment 19 #
Proposal for a regulation Article 2 – paragraph 3 Amendment 20 #
Proposal for a regulation Article 2 – paragraph 3 3. For all other implementing measures, and for implementing measures referred to in paragraph 2 where it is considered to be appropriate, the advisory procedure
Amendment 21 #
Proposal for a regulation Article 3 – paragraph 5 – subparagraph 2 Within the time-limit laid down in accordance with the previous subparagraph, any committee member may ask for the written procedure to be terminated and for the draft measures to be examined at a committee meeting
Amendment 22 #
Proposal for a regulation Article 3 – paragraph 6 (6) The committee’s opinion shall be recorded in the minutes. Each Member State may ask
Amendment 23 #
Proposal for a regulation Article 5 – paragraph 1 1. The committee shall deliver its opinion by a qualified majority as provided for in Article 16(4) and (5) of the Treaty on European Union, however in exceptional cases the opinion of the committee can be delivered by a simple majority as provided for in Article 238(1) of the Treaty on the Functioning of the European Union.
Amendment 24 #
Proposal for a regulation Article 5 – paragraph 4 4. If no opinion is delivered, the Commission shall not adopt the draft measures. The chairperson may submit to the committee the draft measures for further deliberation or submit to the committee an amended version of the draft measures. By way of derogation from the first subparagraph, if no opinion is delivered in the area of the common agricultural policy, the Commission may adopt the draft measures. Where the Commission does not adopt the draft measures, the chairperson may submit to the committee an amended version of the draft measures.
Amendment 25 #
Proposal for a regulation Article 5 – paragraph 4 4. If no opinion is delivered, the Commission may not adopt
Amendment 26 #
Proposal for a regulation Article 5 – paragraph 5 Amendment 27 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5a. In the case of measures relating to taxation, the Commission shall not adopt the draft measures unless there is a qualified majority in favour of the measures.
Amendment 28 #
Proposal for a regulation Article 6 – paragraph 5 – subparagraph 2 The measures referred to in paragraph 2 shall remain in force until they are repealed or replaced by another implementing act, but for a period of no longer than six months.
Amendment 29 #
Proposal for a regulation Article 8 – paragraph 1 – point c (c) the draft measures on which the committees are asked to deliver an opinion, and the type of opinion delivered (advisory or assent),
Amendment 30 #
Proposal for a regulation Article 8 – paragraph 2a (new) 2a. Where a Member State notifies the Commission that it considers a draft measure to exceed the implementing powers provided for in the basic act, the Commission shall review the draft measure in question and shall inform the European Parliament and the Council of the action which it intends to take and of its reasons for doing so.
Amendment 31 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. The European Parliament and the Council can at any time indicate to the Commission that they consider a draft implementing act to exceed the implementing powers provided for in the basic act or that it is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality. In such cases, the Commission shall review the draft measure taking the utmost account of the opinions of the European Parliament and the Council and inform them of the action which it intends to take and of its reasons for doing so. The European Parliament and the Council remain able to intervene again.
Amendment 32 #
Proposal for a regulation Article 8 – paragraph 2b (new) 2b. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1 is applicable to committee proceedings, thus granting any Union natural or legal person residing or having its registered office in a Member State access to the information referred to in points (a) to (g) of paragraph 1. 1 OJ L 145, 31.5.2001, p. 43.
source: PE-442.936
2010/10/05
ENVI
31 amendments...
Amendment 8 #
Proposal for a regulation Recital 8 (8)
Amendment 9 #
Proposal for a regulation Recital 9 (9) The
Amendment 10 #
Proposal for a regulation Recital 9 (9) The
Amendment 11 #
Proposal for a regulation Recital 10 Amendment 12 #
Proposal for a regulation Recital 12 (12) The European Parliament and the Council should be
Amendment 13 #
Proposal for a regulation Recital 12 (12) The European Parliament and the Council should, as early as possible, be kept informed of committee proceedings on a regular basis.
Amendment 14 #
Proposal for a regulation Recital 14 (14) Decision 1999/468/EC should be repealed
Amendment 15 #
Proposal for a regulation Article 1 This Regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding Union act (hereafter ‘basic act’) identifies the need for uniform conditions of implementation and requires that the adoption of
Amendment 16 #
Proposal for a regulation Article 2 – paragraph 2 – introductory part 2. The examination procedure
Amendment 17 #
Proposal for a regulation Article 2 – paragraph 2 – introductory part 2. The examination procedure may
Amendment 18 #
Proposal for a regulation Article 2 – paragraph 2 – point a Amendment 19 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) Implementing measures of general scope that are not supplementing or amending non-essential elements of the legislative act in accordance with Article 290 TFEU;
Amendment 20 #
Proposal for a regulation Article 2 – paragraph 2 – point b – introductory part Amendment 21 #
Proposal for a regulation Article 2 – paragraph 2 – point b – point ii Amendment 22 #
Proposal for a regulation Article 2 – paragraph 3 Amendment 23 #
Proposal for a regulation Article 5 – paragraph 3 3. If the draft measures are not in accordance with the opinion of the committee
Amendment 24 #
Proposal for a regulation Article 5 – paragraph 4 4. If no opinion is delivered, the Commission
Amendment 25 #
Proposal for a regulation Article 5 – paragraph 4 4. If no opinion is delivered by the Council within a reasonable period, the Commission may adopt the draft measures. Where the Commission does not adopt the draft measures, the chairperson may submit to the committee an amended version of the draft measures.
Amendment 26 #
Proposal for a regulation Article 5 – paragraph 5 – subparagraph -1 (new) For the purposes of the basic act adopted in accordance with Article 294 of the Treaty on the Functioning of the European Union, the European Parliament or the Council may voice an objection to the draft measures, regardless of the opinion of the committee, on the grounds that the draft measures contradict the intentions of the legislator as expressed in the basic act. In this case the proposed measures shall not be adopted. The Commission may submit revised draft measures to the committee, taking into account the reasons underlying the European Parliament’s or the Council’s objection. In this case the Commission shall inform the European Parliament and the Council of the actions that it intends to take.
Amendment 27 #
Proposal for a regulation Article 5 – paragraph 5 – subparagraph 1 By derogation from paragraphs 3 and 4, the Commission may adopt draft measures which are not in accordance with the opinion of the committee, or where no opinion is delivered and a majority as laid down in Article 238(1) TFEU objects to the measure, where their non adoption within an imperative deadline would create a
Amendment 28 #
Proposal for a regulation Article 5 – paragraph 5 – subparagraph 2 In such a case the Commission shall immediately inform the committee of its reasons for adopting the measures and may submit them to a second deliberation of the committee. If the measures adopted are not in accordance with the second opinion of the committee, or if no opinion is delivered, but a majority as laid down in Article 238(1) TFEU objects to the measure, or if the measures have not been submitted to a second deliberation within a month after their adoption, the Commission shall repeal the measures forthwith. If the measures are in accordance with the second opinion of the committee, or if no opinion is delivered, and there is no majority as laid down in Article 238(1) TFEU against the measure, those measures shall remain in force.
Amendment 29 #
Proposal for a regulation Article 5 – paragraph 5 – subparagraph 2 In such a case the Commission shall immediately inform the committee, the European Parliament and the Council of its reasons for adopting the measures and may submit them to a second deliberation of the committee. If the measures adopted are not in accordance with the second opinion of the committee, or if the measures have not been submitted to a second deliberation within a month after their adoption, the Commission shall repeal the measures forthwith. If the measures are in accordance with the second opinion of the committee, or if no opinion is delivered, those measures shall remain in force.
Amendment 30 #
Proposal for a regulation Article 8 – paragraph 1 – point d (d) the results of voting, including the position of each Member State,
Amendment 31 #
Proposal for a regulation Article 8 – paragraph 2 2. The European Parliament and the Council shall
Amendment 32 #
Proposal for a regulation Article 8 – paragraph 2 2. The European Parliament and the Council shall, as early as possible, have access to the information referred to in paragraph 1.
Amendment 33 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. Representatives of the European Parliament shall have access to committee meetings as observers.
Amendment 34 #
Proposal for a regulation Article 9 – paragraph 1 Decision 1999/468/EC shall be repealed
Amendment 35 #
Proposal for a regulation Article 10 Amendment 36 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. The Commission shall examine the European legislation in force and submit by December 2011 a legislative proposal stating which measures fall within the scope of the provisions on delegated acts referred to in Article 290 of the Treaty on the Functioning of the European Union or within that of the provisions on implementing acts referred to in Article 291 of the Treaty on the Functioning of the European Union.
Amendment 37 #
Proposal for a regulation Article 10 a (new) Article 10a Adaptation of existing acts The Commission shall, within one year after entry into force of this Regulation, examine the Union legislation in force and submit the necessary legislative proposals for its alignment with the provisions of the Lisbon Treaty and in particular with Articles 290 and 291 TFEU.
Amendment 38 #
Proposal for a regulation Article 12 – paragraph 2 source: PE-441.271
2010/11/26
JURI
28 amendments...
Amendment 1 #
Proposal for a regulation Recital 1 a (new) (1a) It is for the legislator, in full respect of the Treaties and in particular of Article 290 of the Treaty on the Functioning of the European Union, to decide in each basic act to confer implementing powers on the Commission in accordance with Article 291(2) of the Treaty on the Functioning of the European Union.
Amendment 2 #
Proposal for a regulation Recital 5 a (new) (5a) Where appropriate, the control mechanism should include referral to an appeal committee which should meet at the appropriate level.
Amendment 3 #
Proposal for a regulation Recital 8 (8) Criteria should be laid down to determine the procedure to be used for the adoption of implementing acts. In order to achieve greater consistency
Amendment 4 #
Proposal for a regulation Recital 9 (9) The examination procedure should
Amendment 5 #
Proposal for a regulation Recital 9 a (new) (9a) Provided that the basic act confers implementing powers on the Commission relating to programmes with substantial budgetary implications, the examination procedure should apply.
Amendment 6 #
Proposal for a regulation Recital 9 b (new) (9b) The Chair of the relevant committee should endeavour to find solutions which command the widest possible support within the committee or the appeal committee and should explain in which manner the discussions and suggestions for amendments have been taken into account. For that purpose the Commission should pay particular attention to the views expressed within the committee or the appeal committee as regards draft definitive anti-dumping or countervailing measures.
Amendment 7 #
Proposal for a regulation Recital 9 c (new) (9c) When considering the adoption of other draft implementing acts concerning particularly sensitive sectors, notably taxation, consumers’ health, food safety and protection of the environment, the Commission, in order to find a balanced solution, will as far as possible act in such a way as to avoid going against any predominant position which might emerge within the appeal committee against the appropriateness of an implementing act.
Amendment 8 #
Proposal for a regulation Recital 10 (10) The advisory procedure should as a general rule apply in all other cases and where it is considered to be most appropriate.
Amendment 9 #
Proposal for a regulation Recital 12 (12) The European Parliament and the Council should be
Amendment 10 #
Proposal for a regulation Recital 12 a (new) (12a) The European Parliament or the Council should be able at any time to indicate to the Commission that they consider a draft implementing act to exceed the implementing powers provided for in the basic act, taking into account their rights relating to the review of the legality of Union acts.
Amendment 11 #
Proposal for a regulation Recital 13 (13) Public access to information on committee proceedings should be ensured in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1. _______________________ 1 OJ L 145, 31.5.2001, p. 43.
Amendment 12 #
Proposal for a regulation Recital 13 a (new) (13a) A register containing information on committee proceedings should be kept by the Commission. Consequently, rules relating to the protection of classified documents applicable to the Commission should also apply to the use of the register.
Amendment 13 #
Proposal for a regulation Recital 14 (14) Decision 1999/468/EC should be repealed. In order to ensure the transition between the regime provided for in Decision 1999/468/EC and this Regulation, any reference in existing legislation to the procedures provided for in that Decision should, with the exception of the regulatory procedure with scrutiny provided for in Article 5a thereof, be understood as a reference to the corresponding procedures provided for in this Regulation. The transitional measures laid down in Article 10 should not prejudge the nature of the acts concerned. The effects of Article 5a of Decision 1999/468/EC should be provisionally maintained for the purposes of existing basic acts which refer to that Article.
Amendment 14 #
Proposal for a regulation Article 1 This Regulation lays down the rules and general principles governing the mechanisms which
Amendment 15 #
Proposal for a regulation Article 2 1. A basic act may provide for the application of the
Amendment 16 #
Proposal for a regulation Article 3 1. Where a basic act provides for the application of the procedures referred to in Articles 4
Amendment 17 #
Proposal for a regulation Article 4 1.
Amendment 18 #
Proposal for a regulation Article 5 1.
Amendment 19 #
Proposal for a regulation Article 5 a (new) Article 5a Referral to the appeal committee 1. The appeal committee shall deliver its opinion by the majority provided for in Article 5(1). 2. Until an opinion is delivered, any member of the appeal committee may suggest amendments to the draft acts. The Commission may adapt the draft acts. The Chair shall endeavour to find solutions which command the widest possible support. The Chair shall inform the appeal committee of the manner in which the discussions and suggestions for amendments have been taken into account, in particular as regards suggestions for amendments which are largely supported within the appeal committee. 3. If the appeal committee delivers a positive opinion, the Commission shall adopt the draft acts. If no opinion is delivered, the Commission may adopt the draft acts. If the appeal committee delivers a negative opinion, the Commission shall not adopt the draft acts. 4. By way of derogation from paragraph 3, for the adoption of definitive multilateral safeguard measures, in the absence of a positive opinion voted by a qualified majority, the Commission shall not adopt the draft acts. 5. By way of derogation from paragraph 1, for a period of 18 months after the entry into force of this Regulation the appeal committee shall deliver its opinion on definitive draft anti-dumping or countervailing measures by a simple majority of its component members.
Amendment 20 #
Proposal for a regulation Article 5 b (new) Article 5b Adoption of acts in exceptional cases By way of derogation from Article 5(3) and the second subparagraph of Article 5(4), the Commission may adopt the draft acts where they need to be adopted without delay in order to avoid creating a significant disruption of the markets in the area of agriculture or a risk for the financial interests of the Union within the meaning of Article 325 of the Treaty on the Functioning of the European Union. In such a case the Commission shall immediately submit the adopted acts to the appeal committee. Where the appeal committee delivers a negative opinion on the adopted acts, the Commission shall repeal those acts forthwith. Where the appeal committee delivers a positive opinion or delivers no opinion, those acts shall remain in force.
Amendment 21 #
Proposal for a regulation Article 6 1. By way of derogation from Articles 4 and 5, a basic act may provide that, on duly justified imperative grounds of urgency, the provisions set out in paragraphs 2 to 5 of this Article shall apply. 2. The Commission shall adopt
Amendment 22 #
Proposal for a regulation Article 7 1. Each committee shall adopt by a majority of its component members its own rules of procedure on the proposal of its
Amendment 23 #
Proposal for a regulation Article 8 1. The Commission shall keep a register of committee proceedings which shall contain: (-aa) a list of committees, (a) the agendas of committee meetings, (b) the summary records, together with the lists of the authorities and organisations to which the persons designated by the Member States to represent them belong, (c) the draft
Amendment 24 #
Proposal for a regulation Article 8 a (new) Article 8a Right of scrutiny for the European Parliament and the Council Where the basic act is adopted under the ordinary legislative procedure, the European Parliament or the Council may at any time indicate to the Commission that they consider a draft implementing act to exceed the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft measure in question, taking account of the positions expressed, and shall inform the European Parliament and the Council whether it intends to maintain, amend or withdraw the draft implementing act.
Amendment 25 #
Proposal for a regulation Article 9 Decision 1999/468/EC shall be repealed. The effects of Article 5a of
Amendment 26 #
Proposal for a regulation Article 10 Article 10 Article 10 Transitional provisions: adaptation of existing basic acts 1. Where basic acts adopted before the entry into force of this Regulation provide for the exercise of implementing powers by the Commission in accordance with Decision 1999/468/EC, the following rules shall apply: (a) where the basic act makes reference
Amendment 27 #
Proposal for a regulation Article 11 a (new) Article 11 a Review clause No later than five years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals.
Amendment 28 #
Proposal for a regulation Article 12 This Regulation shall enter into force on 1
source: PE-452.813
2010/12/05
IMCO
9 amendments...
Amendment 16 #
Proposal for a regulation Recital 12 (12) The European Parliament and the Council should be kept fully informed of committee proceedings on a regular basis. If deemed necessary for the exercise of its scrutiny, the European Parliament should be granted the possibility to attend the committee meetings, without having any right to take part in the vote on the draft implementing measures.
Amendment 17 #
Proposal for a regulation Recital 14 (14) Decision 1999/468/EC should be repealed.
Amendment 18 #
Proposal for a regulation Recital 15 a (new) (15a) The Commission should examine the existing body of EU law and without delay submit the necessary legislative proposals for its alignment with the provisions of the Treaty of Lisbon and in particular with Articles 290 and 291 of the Treaty on the Functioning of the European Union.
Amendment 19 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5a. If the European Parliament or the Council intends to submit objections to the draft measures in accordance with Article 6a, it should do so by taking into account the urgency of the implementing measures, without hindering the Commission’s action for the purposes mentioned in the first sentence of paragraph 5. To this end, the European Parliament and the Council shall submit their objections within the same deadline available for the committee to deliver its opinion. In such a case, the Commission shall immediately modify its implementing measures, taking into account the objections of the European Parliament or the Council, and adopt them. The Commission shall inform the European Parliament and the Council about the modifications. If objections still persist, the Commission shall repeal the measures and submit new ones to the committee as soon as the urgency conditions laid down in paragraph 5 no longer exist.
Amendment 20 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. The European Parliament shall have the right to attend committee meetings. To this end, the European Parliament shall designate a maximum number of three representatives who will attend the meetings. The representatives of the European Parliament shall not take part in any way in the decision-making on the opinion to be delivered by the committee. They shall report on the results of the proceedings to the relevant parliamentary committee as soon as possible.
Amendment 21 #
Proposal for a regulation Article 9 – paragraph 1 Decision 1999/468/EC shall be repealed
Amendment 22 #
Proposal for a regulation Article 9 – paragraph 1 Decision 1999/468/EC shall be repealed
Amendment 23 #
Proposal for a regulation Article 9 a (new) Article 9a Adaptation of existing acts 9a. By...*, the Commission shall review the basic acts adopted before the entry into force of this Regulation with a view to adapting such acts to the new rules on delegated and implementing powers set out in Articles 290 and 291 of the Treaty on the Functioning of the European Union. The Commission shall regularly report to the European Parliament and to the Council on the progress of that review. Where appropriate, such reports shall be accompanied by any appropriate legislative proposal. _____________ * Two years from the entry into force of this Regulation.
Amendment 24 #
Proposal for a regulation Article 10 source: PE-441.311
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