Motion for a resolution - B8-0737/2016Motion for a resolution
B8-0737/2016
European Parliament

MOTION FOR A RESOLUTION on endocrine disruptors: state of play following the Court of Justice judgment of 16 December 2015

1.6.2016 - (2016/2747(RSP))

to wind up the debate on the statement by the Commission
pursuant to Rule 123(2) of the Rules of Procedure

Jens Gieseke on behalf of the PPE Group
Julie Girling on behalf of the ECR Group

Procedure : 2016/2747(RSP)
Document stages in plenary
Document selected :  
B8-0737/2016
Texts tabled :
B8-0737/2016
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Texts adopted :

B8‑0737/2016

European Parliament resolution on endocrine disruptors: state of play following the Court of Justice judgment of 16 December 2015

(2016/2747(RSP))

The European Parliament,

–  having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products,[1]

–  having regard to the judgment of the General Court of the European Union of 16 December 2015 in Case T-521/14 (case brought by Sweden against the Commission, Sweden being supported by the European Parliament, the Council of the European Union, Denmark, Finland, France and the Netherlands),[2]

–  having regard to Article 266 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to the letter of 22 March 2016 addressed by President Jean-Claude Juncker to the President of the European Parliament ((2016)1416502),

–  having regard to the consensus statement of the German Federal Institute for Risk Assessment (BfR) on scientific principles for the identification of endocrine-disrupting chemicals,[3]

–  having regard to Rule 123(2) of its Rules of Procedure,

A.  whereas, according to Article 5 of Regulation (EU) No 528/2012, active substances which are considered as having endocrine-disrupting properties that may cause adverse effects in humans, either on the basis of scientific criteria to be specified or, pending the adoption of those criteria, on the basis of interim criteria, shall not be approved, unless one of the derogations referred to in Article 5(2) is applicable;

B.  whereas. according to Article 5(3) of Regulation (EU) No 528/2012, the Commission shall, no later than 13 December 2013, adopt delegated acts specifying scientific criteria for the determination of endocrine-disrupting properties of active substances and biocidal products;

C.  whereas the General Court of the European Union declared in its judgment of 16 December 2015 in Case T-521/14 that the Commission breached EU law by failing to act to adopt by December 2013 delegated acts to specify scientific criteria for the determination of endocrine-disrupting properties;

D.  whereas, pursuant to Article 266 TFEU, the institution whose failure to act has been declared contrary to the Treaties shall be required to take the necessary measures to comply with the judgment of the Court of Justice of the European Union; whereas Article 266 TFEU does not prescribe any time limit for the adoption of the measures to comply with the judgment, but it follows from case law that a ‘reasonable period’ shall be given to the institution for that purpose;

E.  whereas Commission President Jean-Claude Juncker confirmed in his letter of 22 March 2016 to Parliament President Martin Schulz the intention of the Commission to adopt two separate acts by the end of June; whereas Commissioner Andriukaitis informed Parliament on 2 February 2016 of the Commission’s intention to propose scientific criteria for the determination of endocrine-disrupting properties before the summer;

1.  Stresses that the Commission had a clear, precise and unconditional obligation to adopt delegated acts as regards the specification of the scientific criteria for the determination of endocrine-disrupting properties by 13 December 2013;

2.  Regrets that the Commission postponed the start of the impact analysis, which consequently led to the ongoing and unfortunate delays in the adoption of the necessary measures to comply with Regulation (EU) No 528/2012; acknowledges, nevertheless, the difficulty in reaching a scientific consensus on how such criteria should be determined;

3.  Agrees with the General Court that the impact analysis did not exonerate the Commission from complying with the deadline set for the adoption of delegated acts; agrees, however, with the Commission’s principles regarding better regulation, which stipulate that impact analyses are a key element in evaluating proposed legislative measures;

4.  Calls on the Commission to comply with its obligation under Article 266 TFEU to adopt scientific criteria for the determination of endocrine-disrupting properties which are scientifically robust and fit for regulatory purpose;

5.  Acknowledges that the Commission took into account the judgment of the Court of Justice by publicly committing to propose two measures by the end of June: one implementing regulation containing the criteria which will be applied to chemical substances falling under the Plant Protection Regulation, and one delegated act containing criteria applicable under the Biocidal Products Regulation;

6.  Acknowledges that it is the primary aim of Parliament that robust scientific criteria fit for regulatory purpose be adopted as quickly as possible; considers that the legal effects of a potential new action for failure to act would be limited, given that it is highly probable that the adoption of the delegated act may occur during the Court procedure;

7.  Instructs its President to forward this motion for a resolution to the President of the Council and the President of the Commission.

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