Amendments adopted by the European Parliament on 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085 — C8-0034/2017 — 2017/0035(COD))
Date: 2020-12-17
Institutions: Committee on Agriculture and Rural Development, Committee on Civil Liberties, Justice and Home Affairs, Committee on Constitutional Affairs, Committee on Culture and Education, Committee on Development, Committee on Economic and Monetary Affairs, Committee on Employment and Social Affairs, Committee on Fisheries, Committee on Foreign Affairs, Committee on Industry, Research and Energy, Committee on International Trade, Committee on Legal Affairs, Committee on Regional Development, Committee on Transport and Tourism, Committee on Women’s Rights and Gender Equality, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: EU Member State, European Commission, comitology, committee (EU), powers of the institutions (EU), transfer of competence




C_2021445EN.01025701.xml










29.10.2021   


EN


Official Journal of the European Union


C 445/257






P9_TA(2020)0364
Rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ***I
Amendments adopted by the European Parliament on 17 December 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085 — C8-0034/2017 — 2017/0035(COD)) (1)

(Ordinary legislative procedure: first reading)
(2021/C 445/45)

Amendment 1


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)




The system established by
 Regulation (EU) No 182/2011 has, overall, proven to work 
well
 in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved. 
That
 system 
should
 therefore continue to function unchanged 
except for
 certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee. These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011.












(2)


Regulation (EU) No 182/2011 has, overall, proven to work 
effectively
 in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved. 
The main elements of the
 system 
can
 therefore continue to function unchanged
. However, the level of added-value provided by Regulation (EU) No 182/2011 as regards an appropriate decision-making process has not been entirely satisfactory.
 Certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee 
seem, therefore, to be necessary
. These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011. 
An additional objective of this amending act is to improve Union citizens' awareness of procedures related to implementing acts. In order to increase trust in the Union’s institutions and bodies, it is essential not only to inform Union citizens about decision-making but also to explain the reasons behind the decisions of those institutions and bodies.











Amendment 2


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. In practice, the appeal committee has been seized in cases where no qualified majority, either in favour or against, was attained within the committee in the context of the examination procedure and thus no opinion was delivered. 
In the majority of cases this happened in relation to genetically modified organisms and genetically modified food and feed and plant protection products.














(3)


In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. In practice, 
particularly in relation to genetically modified organisms, genetically modified food and feed and plant protection products
, the appeal committee has been seized in cases where no qualified majority, either in favour or against, was attained within the committee in the context of the examination procedure and thus no opinion was delivered.









Amendment 3


Proposal for a regulation


Recital 3 a (new)








Text proposed by the Commission




Amendment





 










(3a)






As a consequence, only a very limited number of cases have been referred to the appeal committee as provided for in Regulation (EU) No 182/2011 and are therefore concerned by this amending act.











Amendment 4


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions.












(4)


Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions
, or to overcome the absence of opinions in the examination procedure
. 
Regulation (EU) No 182/2011 provides that the Commission may in such cases adopt the draft implementing act, leaving it to the Commission to determine on behalf of the Member States the need and how to ensure the effective implementation of the legislation.










Amendment 5


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment













(5)






Regulation (EU) No 182/2011 provides that the Commission may in such cases adopt the draft implementing act, thus giving the Commission discretion.










deleted







Amendment 6


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)


That discretion is, however, significantly reduced in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision.












(6)


That discretion is, however, significantly reduced in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision. 
In this regard, the European Ombudsman pointed out in his decision on case 1582/2014 that the Commission must respect existing legal provisions regarding the deadlines set for the authorisation of genetically modified organisms.











Amendment 7


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


While the Commission 
is empowered
 to decide in such cases, due to the particular sensitivity of the issues at stake, Member States should also 
fully
 assume 
their
 responsibility in the decision-making process. 
This, however, is not the case when
 Member States are not able to reach a qualified majority, 
due to, amongst others, a significant number of abstentions or non-appearances at the moment of the vote.














(7)


While the Commission 
has the competence
 to decide in such cases, due to the particular sensitivity of the issues at stake, Member States should also assume 
greater
 responsibility in the decision-making process. 
Where the basic act concerns the protection of the health or safety of humans, animals or plants, and
 Member States are not able to reach a qualified majority 
in favour of the draft implementing act providing for the grant of authorisation for a product or substance, that authorisation should be deemed to have been refused
.









Amendment 8


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee should be ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended.












(8)


In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee should be 
of a sufficiently high political level, such as
 ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended
. However, such extension should be for a short period only
.









Amendment 9


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


The Commission should have the possibility, in specific cases, to ask the Council to indicate 
its views
 and orientation on the wider implications of the absence of an opinion, including the institutional, legal, political and international implications. The Commission should take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral.












(10)


The Commission should have the possibility, in specific cases, to ask the 
European Parliament and the
 Council to indicate 
their positions
 and orientation on the wider implications of the absence of an opinion, including the institutional, legal, 
economic,
 political and international implications. The Commission should take account of any position expressed by the 
European Parliament and by the
 Council within 3 months after the referral. In duly justified cases, 
for reasons of urgency,
 the Commission may indicate a shorter deadline in the referral. 
The positions expressed by the European Parliament and by the Council should also be sent to the European Economic and Social Committee, and to the European Parliament and to the Council as appropriate, without undue delay.











Amendment 10


Proposal for a regulation


Recital 10 a (new)








Text proposed by the Commission




Amendment





 










(10a)






Where it appears that it would be difficult to obtain positive opinions from the Member States in relation to several similar draft implementing acts, consideration should be given to reviewing the implementing powers conferred on the Commission in the relevant basic acts.











Amendment 11


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


Transparency on the votes of Member State representatives 
at the appeal committee level
 should be increased and the individual Member State representatives' votes should be made public.












(11)


Transparency on the votes of Member State representatives 
throughout all stages of the advisory and examination procedures
 should be increased and the individual Member State representatives' votes should be made public. 
Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the protection of the environment, case-specific detailed reasons for votes and abstentions should be given by each Member State representative. The Commission should also provide information on the composition of committees, including the persons present and the authorities and organisations to which those persons belong, as well as the agendas of the meetings and the documents and drafts of texts being discussed.











Amendment 12


Proposal for a regulation


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)






In order to enhance Union citizens’ awareness and understanding of the procedure and enhance the visibility thereof, reasons should be given by each Member State representative for his or her vote or abstention or for any absence of that representative.











Amendment 13


Proposal for a regulation


Recital 11 b (new)








Text proposed by the Commission




Amendment





 










(11b)






The accessibility of the register should be further increased and changes to its content should be made in order to ensure that there is greater transparency concerning the decision-making process, in particular by adding more information as regards that process. Improving the search functions of the register to allow searches by policy area would be an essential element in that regard.











Amendment 14


Proposal for a regulation


Article 1 — paragraph 1 — point 1

Regulation (EU) No 182/2011
Article 3 — paragraph 7 — subparagraph 6







Text proposed by the Commission




Amendment






‘Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair may decide that the appeal committee shall hold a further meeting, at ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral.’;




‘Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair 
or a simple majority of the Member States
 may decide that the appeal committee shall hold a further meeting, at 
a sufficiently high political level, such as at
 ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral.’;






Amendment 15


Proposal for a regulation


Article 1 — paragraph 1 — point 2 — point b

Regulation (EU) No 182/2011
Article 6 — paragraph 3a







Text proposed by the Commission




Amendment







‘3a.   Where no opinion is delivered in the appeal committee, the Commission may refer the matter to the Council for 
an opinion
 indicating 
its views
 and orientation on the wider implications of the absence of opinion, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral.’;






‘3a.   Where no opinion is delivered in the appeal committee, the Commission may refer the matter 
to the European Parliament and
 to the Council for 
opinions
 indicating 
their positions
 and orientation on the wider implications of the absence of opinion, including the institutional, legal, 
economic,
 political and international implications 
of the outcome of the vote in the appeal committee
. The Commission shall take account of any position expressed 
by the European Parliament and
 by the Council within 3 months after the referral. In duly justified cases, 
for reasons of urgency,
 the Commission may indicate a shorter deadline in the referral. 
The positions expressed by the European Parliament and by the Council shall also be sent to the European Economic and Social Committee, and to the European Parliament and to the Council as appropriate, without undue delay.
’;







Amendment 16


Proposal for a regulation


Article 1 — paragraph 1 — point 2 — point b a (new)

Regulation (EU) No 182/2011
Article 6 — paragraph 4 a (new)







Text proposed by the Commission




Amendment





 










(ba)






the following paragraph is inserted:





‘4a.
   
By way of derogation from paragraph 3, where the basic act concerns the protection of the health or safety of humans, animals or plants and the draft implementing act provides for the grant of authorisation for a product or substance, that authorisation shall only be granted if the vote in accordance with paragraph 1 results in a positive opinion.




The first subparagraph shall be without prejudice to the right of the Commission to propose a modified draft implementing act concerning the same subject matter.’;












Amendment 17


Proposal for a regulation


Article 1 — paragraph 1 — point 2 — point b b (new)

Regulation (EU) No 182/2011
Article 6 — paragraph 4 b (new)







Text proposed by the Commission




Amendment





 










(bb)






the following paragraph is inserted:





‘4b.
   
The Member State representatives shall provide reasons for their vote or abstention under paragraph 1 or for any absence from the vote.




Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the Member State representatives shall provide case-specific detailed reasons for their vote or abstention.’;












Amendment 18


Proposal for a regulation


Article 1 — paragraph 1 — point 3 — point -a (new)

Regulation (EU) No 182/2011
Article 10 — paragraph 1 — point b







Present text




Amendment





 










(-a)





in paragraph 1, point (b) is replaced by the following:















(b)


the agendas of committee meetings;












‘(b)


the agendas of committee meetings
, including drafts of the texts to be decided upon and documents to be discussed
;’;









Amendment 19


Proposal for a regulation


Article 1 — paragraph 1 — point 3 — point -a a (new)

Regulation (EU) No 182/2011
Article 10 — paragraph 1 — point c







Present text




Amendment





 










(-aa)





in paragraph 1, point (c) is replaced by the following:















(c)


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 summary records, together with the lists of the 
persons present at the meeting and the
 authorities and organisations to which 
those
 persons designated by the Member States to represent them belong;’;









Amendment 20


Proposal for a regulation


Article 1 — paragraph 1 — point 3 — point a

Regulation (EU) No 182/2011
Article 10 — paragraph 1 — point e







Text proposed by the Commission




Amendment











‘(e)


the voting results 
including, in the case of the appeal committee, the votes expressed by the representative of
 each Member State;’;












‘(e)


the voting results
, including the votes expressed by
 each Member State 
representative and any abstentions, accompanied by the reasons for the vote or abstention as well as reasons for absence from the vote, and, where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the accompanying case-specific detailed reasons for the vote or abstention
;’;









Amendment 21


Proposal for a regulation


Article 1 — paragraph 1 — point 3 — point a a (new)

Regulation (EU) No 182/2011
Article 10 — paragraph 3







Present text




Amendment





 










(aa)






paragraph 3 is replaced by the following:











3.   The European Parliament and the Council shall have access to the information referred to in paragraph 1 in accordance with the applicable rules.





‘3.   The European Parliament and the Council shall have access to the information referred to in paragraph 1 in accordance with applicable rules 
and without undue delay
.’;







Amendment 22


Proposal for a regulation


Article 1 — paragraph 1 — point 3 — point b

Regulation (EU) No 182/2011
Article 10 — paragraph 5







Text proposed by the Commission




Amendment







‘5.   
The references of
 all documents 
referred to in points (a) to (d), (f) and (g) of paragraph 1 as well as the
 information referred to in 
points (e) and (h) of that
 paragraph shall be made public in the register.’






‘5.   All documents 
and
 information referred to in paragraph 
1
 shall be made public in the register.’







Amendment 23


Proposal for a regulation


Article 1 — paragraph 1 — point 3 — point b a (new)

Regulation (EU) No 182/2011
Article 10 — paragraph 5 a (new)







Text proposed by the Commission




Amendment





 










(ba)






the following paragraph is added:










 






‘5a.
   
The search functions of the register shall enable searches to be made by policy area.’;









Amendment 24


Proposal for a regulation


Article 1 — paragraph 1 — point 3 a (new)

Regulation (EU) No 182/2011
Article 11







Present text




Amendment





 










(3a)





Article 11 is replaced by the following:









Article 11


‘Article 11




Right of scrutiny for the European Parliament and the Council


Right of scrutiny for the European Parliament and the Council




Where a basic act is adopted under the ordinary legislative procedure, either the European Parliament or the Council may at any time indicate to the Commission that, in its view, a draft implementing act exceeds the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft implementing act, 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.


Where a basic act is adopted under the ordinary legislative procedure, either the European Parliament or the Council may at any time indicate to the Commission that, in its view, a draft implementing act exceeds the implementing powers provided for in the basic act
, or is in conflict with the objectives of the basic act
. In such a case, the Commission shall review the draft implementing act, 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.




 




In addition, where either the European Parliament or the Council considers it to be appropriate to review the conferral of implementing powers on the Commission in the basic act, it may, at any time, call on the Commission to submit a proposal to amend that basic act.’







Amendment 25


Proposal for a regulation


Article 2 — paragraph 1








Text proposed by the Commission




Amendment





This Regulation shall 
not
 apply to 
pending
 procedures 
on which the appeal committee has already delivered an opinion on
 the date of entry into force 
of this Regulation
.


This Regulation shall apply to procedures 
begun after
 the date of 
its
 entry into force.






(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0187/2020).