REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures

    23.1.2014 - (COM(2013)0579 – C7‑0243/2013 – 2013/0279(COD)) - ***I

    Committee on International Trade
    Rapporteur: Vital Moreira


    Procedure : 2013/0279(COD)
    Document stages in plenary
    Document selected :  
    A7-0042/2014
    Texts tabled :
    A7-0042/2014
    Debates :
    Texts adopted :

    DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

    on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures

    (COM(2013)0579 – C7-0243/2013 – 2013/0279(COD))

    (Ordinary legislative procedure: first reading)

    The European Parliament,

    –   having regard to the Commission proposal to Parliament and the Council (COM(2013)0579),

    –   having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0243/2013),

    –   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 (A7-0042/2014),

    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 8

    Text proposed by the Commission

    Amendment

    (8) In order to ensure uniform conditions for the implementation of Regulation (EC) No 471/2009, implementing powers should be conferred upon the Commission enabling it to adopt measures relating to the codes to be used for data referred to in Article 5(1) of that Regulation and measures relating to the linking of the data on business characteristics with data recorded in accordance with the same Article. These powers should be exercised in accordance with Regulation (EU) No 182/2011.

    deleted

    Amendment  2

    Proposal for a regulation

    Recital 9

    Text proposed by the Commission

    Amendment

    (9) The Committee on statistics relating to the trading of goods with non-member countries (Extrastat Committee) referred to in Article 11 of Regulation (EC) No 471/2009 provides advice to the Commission and assists it in exercising its implementing powers.

    deleted

    Amendment  3

    Proposal for a regulation

    Recital 10

    Text proposed by the Commission

    Amendment

    (10) Under the strategy for a new European Statistical System (hereinafter referred to as ‘ESS’) structure intended to improve coordination and partnership in a clear pyramid structure within the ESS, the European Statistical System Committee (hereinafter referred to as ‘ESSC’), established by Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics9 , should have an advisory role and assist the Commission in exercising its implementing powers.

    deleted

    __________________

     

    9 OJ L 87, 31.3.2009, p. 164.

     

    Amendment  4

    Proposal for a regulation

    Recital 11

    Text proposed by the Commission

    Amendment

    (11) Regulation (EC) No 471/2009 should be amended by replacing the reference to the Extrastat Committee with a reference to the ESSC.

    deleted

    Amendment  5

    Proposal for a regulation

    Article 1 – point 3 – point a

    Regulation (EC) 471/2009

    Article 5 – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. The Commission shall be empowered to adopt, in accordance with Article 10a, delegated acts relating to the further specification of the data referred to in paragraph 1.

    2. The Commission shall be empowered to adopt, in accordance with Article 10a, delegated acts relating to the adoption of rules with respect to the further specification of the data referred to in paragraph 1 and with respect to the measures relating to the codes to be used for those data.

    The Commission shall adopt, by means of implementing acts, measures relating to the codes to be used for these data.

     

    These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

     

    Justification

    Sound constitutional considerations of separation of powers indicates that acts of normative nature – i.e. rulemaking – should be exclusive of the legislator and that they can only be allowed to be adopted by the executive branch of government under delegation by the legislator, never as an implementing power.

    Amendment  6

    Proposal for a regulation

    Article 1 – point 4 – point a

    Regulation (EC) 471/2009

    Article 6 – paragraph 2 – subparagraph 3

     

    Text proposed by the Commission

    Amendment

    The Commission shall adopt, by means of implementing acts, measures relating to the linking of the data and these statistics to be compiled.

    The Commission shall be empowered to adopt, in accordance with Article 10a, delegated acts relating to the adoption of rules on the linking of the data and these statistics to be compiled.

    Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

     

    Justification

    Sound constitutional considerations of separation of powers indicates that acts of normative nature – i.e. rulemaking – should be exclusive of the legislator and that they can only be allowed to be adopted by the executive branch of government under delegation by the legislator, never as an implementing power.

    Amendment  7

    Proposal for a regulation - amending act

    Article 1 - point 6

    Regulation (EC) No 471/2009

    Article 10a - paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. The power to adopt delegated acts referred to in Articles 3(2), (3) and (4), 4(5), 5(2) and (4), 6(3) and 8(1) and (2), shall be conferred on the Commission for an indeterminate period of time from ((Publication office: please insert the exact date of the entry into force of this Regulation).

    3. The power to adopt delegated acts referred to in Articles 3(2), (3) and (4), 4(5), 5(2) and (4), 6(3) and 8(1) and (2), 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.

    Justification

    The rapporteur deems it appropriate to limit in time the conferral of powers. Such limitation brings about more parliamentary control, obliging the Commission to draw up a report in respect of the delegation of powers not later then nine months before the end of the set period. On the other hand, tacit extension of the delegation for a period of identical duration prevents overburdening of the legislators and facilitates the implementation of the Common Commercial Policy. This reflects the changes brought about by the two Trade Omnibuses and the subsequent comitology alignments.

    Amendment  8

    Proposal for a regulation

    Article 1 – point 7

    Regulation (EC) No 471/2009

    Article 11

     

    Text proposed by the Commission

    Amendment

    (7) Article 11 is replaced by the following:

    (7) Article 11 is deleted.

    "Article 11

     

    Committee

     

    1. The Commission shall be assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (*) This committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (*).

     

    2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."

     

    Amendment  9

    Proposal for a regulation

    Article 3

    Text proposed by the Commission

    Amendment

    This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

    This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and shall be consolidated with the Regulation amended by it within three months of its entry into force.

    EXPLANATORY STATEMENT

    The Commission proposal under consideration aims at aligning the Regulation of the European Parliament and of the Council (EC) No 471/2009 on Community statistics relating to external trade with non-member countries to the post-Lisbon regime of implementing acts and delegated acts (Articles 290 and 291 TFEU).

    To this date, most of the legislation in the field of the Common Commercial Policy has been aligned to the new constitutional regime by means of the Trade Omnibus I and II and several subsequent individual alignments. The Commission committed itself to come up with the second wave of comitology alignments - concerning legislative acts containing the regulatory procedure with scrutiny - by the end of the 7th legislature. In this context, the Commission proposes the amendment to Regulation (EC) No 471/2009 on Community statistics which is the only legislative act in the field of the Common Commercial Policy referring to the regulatory procedure with scrutiny.

    The Commission proposes the use of delegated acts in almost all cases where the regulatory procedure with scrutiny was originally used. The implementing acts are proposed in two cases, for the adoption of:

    - measures relating to the codes to be used for statistical data; and

    - measures relating to linking the data on imports and exports with the data on business.

    In amendments 1 to 9 and 11, the rapporteur proposes the above implementing acts to be changed into delegated acts, as he is convinced that the Parliament should be more demanding on the separation of delegated and implementing acts.

    The criteria for choosing between the two categories of acts is not between substantive issues and non-substantive ones, it is rather between rule-setting acts (that means acts that deal with abstract situations) and acts which apply only to one concrete situation or to a number of concretely identified situations. Therefore, irrespective of their "substantive" nature, rules and norms should always be adopted via delegated acts, in order to respect the rule-making power of the Parliament. If the Parliament accepts implementing acts of general/abstract scope, it would allow rules to be established by the Commission under the control of the Member States with no role of the Parliament.

    In amendment 10, the rapporteur proposes limiting the conferral of powers on the Commission to 5 years. Such limitation brings about more parliamentary control, obliging the Commission to draw up a report in respect of the delegation of power not later than nine months before the end of the established period. On the other hand, tacit extension of the delegation for a period of identical duration prevents overburdening of the legislators and facilitates the implementation of the Common Commercial Policy. This amendment reflects the outcome of Trade Omnibus I and II negotiations, where the same approach was endorsed.

    Finally, amendment 12 aims at having the consolidated version of the amended Regulation published in the Official Journal within three months from the entry into force of the amending Regulation. This amendment favours the legal certainty and readability of legislation for the public.

    .

    PROCEDURE

    Title

    Statistics relating to external trade with non-member countries as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures

    References

    COM(2013)0579 – C7-0243/2013 – 2013/0279(COD)

    Date submitted to Parliament

    8.8.2013

     

     

     

    Committee responsible

           Date announced in plenary

    INTA

    10.9.2013

     

     

     

    Rapporteur(s)

           Date appointed

    Vital Moreira

    16.9.2013

     

     

     

    Discussed in committee

    27.11.2013

     

     

     

    Date adopted

    21.1.2014

     

     

     

    Result of final vote

    +:

    –:

    0:

    19

    10

    0

    Members present for the final vote

    Laima Liucija Andrikienė, Maria Badia i Cutchet, David Campbell Bannerman, Daniel Caspary, María Auxiliadora Correa Zamora, Christofer Fjellner, Yannick Jadot, Metin Kazak, Franziska Keller, Bernd Lange, David Martin, Vital Moreira, Paul Murphy, Godelieve Quisthoudt-Rowohl, Niccolò Rinaldi, Helmut Scholz, Peter Šťastný, Robert Sturdy, Henri Weber, Jan Zahradil, Paweł Zalewski

    Substitute(s) present for the final vote

    Catherine Bearder, Béla Glattfelder, Syed Kamall, Elisabeth Köstinger, Katarína Neveďalová, Tokia Saïfi, Peter Skinner, Jarosław Leszek Wałęsa

    Substitute(s) under Rule 187(2) present for the final vote

    Sophie Auconie

    Date tabled

    23.1.2014