29 Amendments of Joëlle MÉLIN related to 2017/0035(COD)
Amendment 15 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The procedure for adopting implementing acts is subject to the principles of subsidiarity and proportionality. The implementing acts complement the legal acts and should be communicated by the Council to the Member States for the purposes of monitoring compliance with these principles.
Amendment 16 #
Proposal for a regulation
Recital 2
Recital 2
(2) The system established by Regulation (EC) 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 led to a plethora of implementing acts, making it difficult for Parliament and the Council to exercise their control function. It is clear from the number of objections that Parliament has adopted, particularly to the authorisation of genetically modified organisms (GMOs) or pesticides – matters on which public opinion is clear – that the system of adoption and control of implementing acts takes scant account of democratic parliamentary representation. That system should therefore be changed, particularly through the adoption of targeted amendments concerning specific aspects of procedure at the level of the appeal committee. These amendments are intended to ensure that Member State governments assume 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.
Amendment 18 #
Proposal for a regulation
Recital 2
Recital 2
(2) The system established by Regulation (EC) No 182/2011 has, overall, proven to work well in practice and struck an appropriateshould, in principle, strike an institutional balance as regards the roles of the Commission and the other actors involved. That system should therefore continue to function unchanged except for certabe changed, in tpargeted amendments concerningticular as regards 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 aincrease the involvement of the Council in politically sensitive implementing acts, in specific cases where no opinion has been delivered at the end of the ordinary scrutiny procedures forganised by Regulation (EU) No 182/2011 these acts.
Amendment 20 #
Proposal for a regulation
Recital 4
Recital 4
(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 despite the fact that the Member States are consulted at the examination procedure stage, and those positions may remain undisclosed when the matter goes to the vote.
Amendment 25 #
Proposal for a regulation
Recital 6
Recital 6
(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. Throughout the procedure, moreover, the Commission may choose to disregard Parliament’s position entirely, as it has done on almost 20 occasions in the past three years, thus, while undoubtedly complying with the Treaties, giving members of the public every reason to be mistrustful of the EU.
Amendment 28 #
Proposal for a regulation
Recital 7
Recital 7
(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 intentional non-appearances at the moment of the vote. Therefore, by virtue of the politically sensitive nature of the act which led to the blocking, the matter should be referred back to the Council for a final decision.
Amendment 32 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 36 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 37 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 38 #
Proposal for a regulation
Recital 9
Recital 9
(9) The voting rules for the appeal committee shouldought to be changed in order to reduce the risk of no opinion being delivered and to provide an incentive for Member State representatives to take a clear position. To this end only Member States which are present or represented, and which do not abstain, should be considered as participating Member States for the calculation of the qualified majority. In order to ensure that the voting outcome is representative a vote should only be considered valid if a simple majority of the Member States are participating members of the appeal committee. If the quorum is not reached before expiry of the time-limit for the committee to take a decision, it will be considered that the committee delivered no opinion, as is the case today. We would point out, however, that amending the rules for the calculation of the qualified majority in this way would be in breach of the Treaties1a. __________________ 1ahttp://www.europarl.europa.eu/RegData /docs_autres_institutions/parlements_nati onaux/com/2017/0085/PL_SENATE_CO NT1-COM(2017)0085_EN.pdf http://www.europarl.europa.eu/RegData/d ocs_autres_institutions/parlements_natio naux/com/2017/0085/FR_SENATE_CON T1-COM(2017)0085_FR.pdf
Amendment 41 #
Proposal for a regulation
Recital 10
Recital 10
(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 referrarefer the matter to the Council. The Commission should adopt the proposal referred back to it by the Council.
Amendment 41 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should have the possibility, in specific cases, to ask the CouncilWhere no opinion could be delivered at the level of the appeal committee, the Commission should be required to refer the matter to the Council for a final decision. Having regard to the right of scrutiny provided for in Article 11 of Regulation EU No 182/2011, Parliament may be asked 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 Commissiondecision taken by the Council should be binding on the Commission. The Council should also take account of anythe position expressed by the CouncilParliament within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadlinefor reasons of urgency, a shorter deadline should be provided for in the referral.
Amendment 47 #
Proposal for a regulation
Recital 11
Recital 11
(11) Transparency on the votes of Member State representatives at the appeal committee level should be increased, and during the prior examination procedure, should be increased, States should be invited to explain their votes and the individual Member State representatives'’ votes should be made public.
Amendment 47 #
Proposal for a regulation
Recital 11
Recital 11
(11) TA transparency on the votes of Member State representatives at the appeal committee levelt process for appointing the Member State representatives should be increasestablished and the individual Member State representatives' votesir work should be made public.
Amendment 49 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) For Regulation (EU) No 182/2001 to improve further the functioning of the institutional system, the right of the European Parliament and of the Council to scrutinise the legality of Union acts should be made effective. If the European Parliament or the Council indicate to the Commission that in their opinion a draft implementing act exceeds the implementing powers provided for in the basic act, the Commission should not be able to adopt said draft implementing act without changes thereto.
Amendment 52 #
Proposal for a regulation
Recital 12
Recital 12
(12) Regulation (EU) No 182/2011 should therefore be amended accordingly once it has been duly confirmed that it will be compatible with the Treaties,
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 182/2011
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
(1a) The first subparagraph of paragraph 4 is amended as follows: "4. ‘Where no opinion is delivered, the Commission may adopt the draft implementing act, except in the cases provided for in the second subparagraph. Where the Commission does not adopt the draft implementshall refer the matter to the appeal committee ing act, the chair may submit to the committee an amended version thereof. ((https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0182&from=fr))cordance with the procedures laid down in Article 6 of this Regulation.’ Or. fr
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
Article 3 – paragraph 7 – subparagraph 6
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) No 182/2011
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
Article 3 – paragraph 7 – subparagraph 6
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 32 months of the initial date of referral.
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 182/2011
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) No 182/2011
Article 6 – paragraph 1 – subparagraph 1 a
Article 6 – paragraph 1 – subparagraph 1 a
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
3a. Where no opinion is delivered in the appeal committee, the Commission mayshould refer the matter to the Council for an opinion indicating final decision. In accordance with its right of scrutiny as provided for in Article 11 of this Regulation, Parliament may also be asked to give its views and orientation on the wider implications of the absence of an opinion, including the institutional, legal, political and international implications. The Commissionuncil shall take account of any position expressed by the CouncilParliament within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral."; ((https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0182&from=fr))for reasons of urgency, a shorter deadline may be provided for in the referral. Or. fr
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
(aa) in paragraph 3, the second subparagraph is deleted;
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
3a. Where no opinion is delivered in the appeal committee, the Commission mayshall 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 Commissionuncil shall tmake account of any position expressrecommendations which shall be forwarded byto the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralmmission, the Member States and Parliament. The Commission shall use the recommendations to draw up a fresh proposal for an implementing act within 3 months.
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
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 orientatio: (a) withdraw the draft implementing act; or (b) refer the matter to the Council. The Council shall by the majority laid down oin 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 referrArticle 5(1) propose to the Commission either that it adopt the draft implementing act, with or without amendments, or that it not adopt it. The Commission shall adopt without delay the Council's proposal.";
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 4
Article 6 – paragraph 4
(ba) Paragraph 4 is replaced by the following: "4. By way of derogation from paragraphs 3 and 3a, for the adoption of definitive multilateral safeguard measures, in the absence of a positive opinion voted by the majority provided for in Article 5(1), the Commission shall not adopt the draft measures.".
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 182/2011
Article 11 – paragraph 1
Article 11 – paragraph 1
(3a) Article 11 is replaced by the following: "Where a basic act is adopted under the ordinary legislative procedure, either the European Parliament or the Council may at any time before the Commission refers the matter to the Council in accordance with Article 6(3a)(b), 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 maintawithin two months: (a) submit an amended version thereof to the committee; or (b) refer the draft implementing act back to the Council in, amend or withdraw the draft implementing actccordance with Article 6(3a)(b); or (c) withdraw it. The Commission shall inform the European Parliament and the Council of the decision taken.".