Procedure : 2016/0399(COD)
Document stages in plenary
Document selected : A8-0012/2018

Texts tabled :

A8-0012/2018

Debates :

Votes :

PV 17/04/2019 - 16.3

Texts adopted :

P8_TA(2019)0411

REPORT     ***I
PDF 549kWORD 82k
30.1.2018
PE 613.398v02-00 A8-0012/2018

on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union

(COM(2016)0798 – C8‑0525/2016 – 2016/0399(COD))

Committee on Legal Affairs

Rapporteur: József Szájer

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the European Union

(COM(2016)0798 – C8‑0525/2016 – 2016/0399(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0798),

–  having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0525/2016),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0012/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The Treaty of Lisbon introduced a 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), and the powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts).

(1)  The Treaty of Lisbon has substantially modified the legal framework governing the powers conferred on the Commission by the legislator, introducing a distinction between 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), and the powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts).

Amendment    2

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  Bundling and presenting empowerments that are not closely linked with each other within a single delegated act of the Commission impedes the exercise of Parliament's right of scrutiny, as it is forced to simply accept or refuse the entire delegated act, which leaves no room to express an opinion on each empowerment individually.

Amendment    3

Proposal for a regulation

Annex I – point 1 – paragraph 2 – point 2

Regulation (EC) No 1206/2001

Article 19b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 19a shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.

2.  The power to adopt delegated acts referred to in Article 19a shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    4

Proposal for a regulation

Annex I – point 1 – paragraph 2 – point 2

Regulation (EC) No 1206/2001

Article 19 b – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 19a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 19a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment    5

Proposal for a regulation

Annex I – point 2 – paragraph 2 – point 2

Regulation (EC) No 805/2004

Article 31a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 31 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.

2.  The power to adopt delegated acts referred to in Article 31 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    6

Proposal for a regulation

Annex I – point 2 – paragraph 2 – point 2

Regulation (EC) No 805/2004

Article 31 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 31 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 31 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment    7

Proposal for a regulation

Annex I – point 3 – paragraph 2 – point 2

Regulation (EC) No 1393/2007

Article 17a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.

2.  The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    8

Proposal for a regulation

Annex I – point 3 – paragraph 2 – point 2

Regulation (EC) No 1393/2007

Article 17 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.


EXPLANATORY STATEMENT

Background

Article 5a of Decision 1999/468/EC(1) as amended by Council Decision 2006/512/EC(2), ("the Comitology Decision"), established the so-called regulatory procedure with scrutiny (RPS).

With the entry into force of the Treaty of Lisbon on 1st December 2009 and in light of the subsequent new legal framework for sub-secondary legislation established by Articles 290 and 291 TFEU, the Comitology Decision had to be revised. However, Regulation 182/2011(3) ("the Comitology Regulation"), which was adopted for this purpose on the basis of Article 291(3) TFEU, intentionally left Article 5a of the Comitology Decision out of its scope. Article 5a establishing the RPS had therefore to be provisionally maintained for the purposes of existing basic acts referring to that Article. On the other hand, the acquis in question has to be aligned as soon as possible to the Treaty of Lisbon in order to ensure legal certainty.

In 2013, the Commission proposed to complete the alignment with three extensive proposals (so-called Omnibus proposals), which Parliament adopted in first reading in February 2014(4). However, the proposals were withdrawn by the new Commission following the European elections. The new Inter-institutional Agreement on Better Law-making (IIA) of 13 April 2016(5) addressed this question in paragraph 27. This provision reads as follows:

“The three Institutions [i.e. the European Parliament, the Council and the Commission] acknowledge the need for the alignment of all existing legislation to the legal framework introduced by the Lisbon Treaty, and in particular the need to give high priority to the prompt alignment of all basic acts which still refer to the regulatory procedure with scrutiny. The Commission will propose that latter alignment by the end of 2016”.

Following the entry into force of the IIA and in light of the obligations stemming therefrom, the Commission presented two new proposals for alignment in December 2016, one focusing on legislative files in the area of justice and one focusing on the remaining policy areas(6). The two proposals cover 3 and 168 basic acts, respectively.

Contrary to the 2013 proposals, which generally provided that the references to the RPS contained in the basic acts were to be read as references to Articles 290 or 291 TFEU, respectively, the current proposals aim at amending the basic acts in question individually.

Your rapporteur’s approach to the present proposal

Delegated and implementing acts are an important part of the core competences of the Committee on Legal Affairs (JURI) as regards the interpretation, application and monitoring of Union law, the compliance of Union acts with primary law, better law-making and the simplification of Union law, as provided in Annex V to the Rules of Procedure. JURI has furthermore been highly active in this area since the entry into force of the Treaty of Lisbon in 2009 and well before, when the then regulatory procedure with scrutiny was first introduced in 2006.

In general terms, your rapporteur welcomes the present proposal and shares the Commission’s choice to update the existing cases of RPS to delegated acts. On the other hand, building on Parliament’s resolution of 25 February 2014, your rapporteur wishes to focus on the duration of the delegation of powers (which should not exceed 5 years and should be accompanied by a reporting obligation on the Commission). The Commission proposal should be amended accordingly.

(1)

OJ L 184, 17.7.1999, p. 23.

(2)

OJ L 200, 22.7.2006, p. 11.

(3)

OJ L 55, 28.2.2011, p. 13.

(4)

See procedures 2013/218(COD), 2013/220(COD) and 2013/0365(COD).

(5)

OJ L 123, 12.5.2016, p. 1.

(6)

See procedures 2016/0399(COD) and 2016/0400(COD) respectively


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 of the Treaty on the Functioning of the EU

References

COM(2016)0798 – C8-0525/2016 – 2016/0399(COD)

Date submitted to Parliament

14.12.2016

 

 

 

Committee responsible

       Date announced in plenary

JURI

16.3.2017

 

 

 

Rapporteurs

       Date appointed

József Szájer

12.1.2017

 

 

 

Discussed in committee

23.3.2017

20.6.2017

 

 

Date adopted

24.1.2018

 

 

 

Result of final vote

+:

–:

0:

21

0

0

Members present for the final vote

Max Andersson, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Mady Delvaux, Rosa Estaràs Ferragut, Sajjad Karim, Sylvia-Yvonne Kaufmann, Gilles Lebreton, António Marinho e Pinto, Jiří Maštálka, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

Substitutes present for the final vote

Evelyne Gebhardt, Heidi Hautala, Răzvan Popa, Kosma Złotowski

Substitutes under Rule 200(2) present for the final vote

Marco Zullo

Date tabled

30.1.2018


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

21

+

ALDE

ECR

ENF

GUE/NGL

PPE

S&D

VERTS/ALE

Jean-Marie Cavada, António Marinho e Pinto

Sajjad Karim, Kosma Złotowski

Marie-Christine Boutonnet, Gilles Lebreton

Kostas Chrysogonos, Jiří Maštálka

Rosa Estaràs Ferragut, Pavel Svoboda, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

Mady Delvaux, Evelyne Gebhardt, Sylvia-Yvonne Kaufmann, Răzvan Popa, Evelyn Regner

Max Andersson, Heidi Hautala

0

-

 

 

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

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