REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues

26.6.2012 - (COM(2011)0906 – C7‑0524/2011 – 2011/0445(COD)) - ***I

Committee on International Trade
Rapporteur: Vital Moreira

Amendments

• 001-005 (PDF - 101 KB)
• 001-005 (DOC - 57 KB)
• 006-006 (PDF - 148 KB)
• 006-006 (DOC - 63 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues

(COM(2011)0906 – C7‑0524/2011 – 2011/0445(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0906),

–   having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0524/2011),

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

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on International Trade (A7-0212/2012),

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1 Proposal for a regulation Recital 3
Text proposed by the Commission	Amendment
(3) In order to supplement or amend certain non-essential elements of Regulation (EC) No 774/94, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the adoption of adjustments to that Regulation, should the volumes and other conditions of quota arrangements be adjusted, in particular by a decision to approve an agreement with one or more third countries. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.	(3) In order to supplement or amend certain non-essential elements of Regulation (EC) No 774/94, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the adoption of adjustments to that Regulation, should the volumes and other conditions of quota arrangements be adjusted, in particular by a Council decision to conclude an agreement with one or more third countries. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament.
Amendment  2 Proposal for a regulation Article 1 - point 1 Regulation (EC) No 774/94 Article 7 - paragraph 2
Text proposed by the Commission Amendment Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article [323(2)] of Regulation (EU) No [ / ] of the European Parliament and of the Council [aligned Single CMO Regulation]*. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7a(2).
Amendment  3 Proposal for a regulation Article 1 - point 1 Regulation (EC) No 774/94 Article 7 a (new)
Text proposed by the Commission Amendment   1. The following article is inserted:   "Article 7a   Committee procedure   1. The Commission shall be assisted by the Committee for the Common Organisation of the Agricultural Markets established by Article [xx] of Regulation (EU) No [xxxx/yyyy] of the European Parliament and of the Council of ..... 2012 .......... [aligned Single CMO Regulation]*. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011**.   2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.   3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request.   ____________   * OJ L …, …, p.   ** OJ L 55, 28.2.2011, p.13."
Amendment  4 Proposal for a regulation Article 1 - point 2 Regulation (EC) No 774/94 Article 8a - paragraph 2
Text proposed by the Commission Amendment 2. The delegation of power referred to in Article 8 shall be conferred on the Commission for an indeterminate period of time from [insert date of entry into force of this amending Regulation ]. 2. The delegation of power referred to in Article 8 shall be conferred on the Commission for a period of five years from ...*. 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.   __________   * OJ: Please insert the date of entry into force of this Regulation.
Amendment  5 Proposal for a regulation Article 1 - point 2 Regulation (EC) No 774/94 Article 8a - paragraph 5
Text proposed by the Commission Amendment 5. A delegated act adopted pursuant to Article 8 shall enter into force only if no objection has been expressed either by the European Parliament or 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 the Council 5. A delegated act adopted pursuant to Article 8 shall enter into force only if no objection has been expressed either by the European Parliament or 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 four months at the initiative of the European Parliament or the Council

EXPLANATORY STATEMENT

Current Commission proposal aims to align Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for certain meat and cereal products to Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).

Regulation (EC) No 774/94 conferred powers on the Commission (EC) to adopt the necessary implementing measures and amend the Regulation, should the volumes and other conditions of quota arrangements be adjusted, in particular by decisions to conclude agreements with third countries.

These powers need to be aligned with the post-Lisbon regime of delegated and implementing acts, by conferring relevant implementing powers on the EC, which should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

As substantial share of trade policy legislation is brought into line with Art. 290 and 291 of the TFEU via the two so-called "Trade Omnibuses", your rapporteur proposes amendments reflecting the changes put forward in the two acts.

This includes due involvement of the European Parliament in preparation and implementation of delegated acts, limitation of delegation of powers to tacitly extendable five-year periods, prolongation of period for possible objection to draft delegated act from two to four months and modified application of written procedure.

Your rapporteur urges to remove references concerning the Committee procedure to the future aligned Single CMO Regulation and to insert such provisions directly into this amending Regulation. This will enable to mirror modifications to application of written procedure laid down in Trade Omnibuses. Furthermore, it will ensure that the right of scrutiny of implementing acts necessary for the administration of the quota arrangements referred in this Regulation remains within the remit of the Committe on International Trade.

PROCEDURE

Title	Amendment of Council Regulation (EC) No 774/94 of 29 March 1994 opening and providing for the administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues
References	COM(2011)0906 – C7-0524/2011 – 2011/0445(COD)
Date submitted to Parliament	21.12.2011
Committee responsible        Date announced in plenary	INTA 17.1.2012
Committee(s) asked for opinion(s)        Date announced in plenary	AGRI 17.1.2012
Not delivering opinions        Date of decision	AGRI 12.1.2012
Rapporteur(s)        Date appointed	Vital Moreira 25.1.2012
Discussed in committee	29.5.2012
Date adopted	21.6.2012
Result of final vote	+: –: 0:	28 0 0
Members present for the final vote	William (The Earl of) Dartmouth, Laima Liucija Andrikienė, John Attard-Montalto, Maria Badia i Cutchet, Daniel Caspary, María Auxiliadora Correa Zamora, Marielle de Sarnez, Yannick Jadot, Metin Kazak, Franziska Keller, Bernd Lange, David Martin, Paul Murphy, Cristiana Muscardini, Franck Proust, Godelieve Quisthoudt-Rowohl, Niccolò Rinaldi, Helmut Scholz, Peter Šťastný, Gianluca Susta, Iuliu Winkler, Paweł Zalewski
Substitute(s) present for the final vote	Amelia Andersdotter, George Sabin Cutaş, Syed Kamall, Maria Eleni Koppa, Elisabeth Köstinger, Marietje Schaake, Konrad Szymański
Substitute(s) under Rule 187(2) present for the final vote	Françoise Castex, Marielle Gallo
Date tabled	26.6.2012