BETA

19 Amendments of Jean-François JALKH related to 2017/0035(COD)

Amendment 16 #
Proposal for a regulation
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.
2018/01/22
Committee: ENVI
Amendment 20 #
Proposal for a regulation
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.
2018/01/22
Committee: ENVI
Amendment 25 #
Proposal for a regulation
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.
2018/01/22
Committee: ENVI
Amendment 32 #
Proposal for a regulation
Recital 8
(8) In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee should be ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended.deleted
2018/01/22
Committee: ENVI
Amendment 36 #
Proposal for a regulation
Recital 9
(9) The voting rules for the appeal committee should 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.deleted
2018/01/22
Committee: ENVI
Amendment 38 #
Proposal for a regulation
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
2018/01/22
Committee: ENVI
Amendment 41 #
Proposal for a regulation
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.
2018/01/22
Committee: ENVI
Amendment 47 #
Proposal for a regulation
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.
2018/01/22
Committee: ENVI
Amendment 49 #
Proposal for a regulation
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.
2018/01/22
Committee: ENVI
Amendment 52 #
Proposal for a regulation
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,
2018/01/22
Committee: ENVI
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
(1) in Article 3(7), the following sixth subparagraph is added: "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 3 months of the initial date of referral.";deleted
2018/01/22
Committee: ENVI
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
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.
2018/01/22
Committee: ENVI
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 182/2011
Article 5 – paragraph 4
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 implementing act, the chair may submit to the committee an amended version thereof. Without prejudice to Article 7, the Commission shall not adopt the draft implementing act where: (a) financial services, the protection of the health or safety of humans, animals or plants, or definitive multilateral safeguard measures; (b) implementing act may not be adopted where no opinion is delivered; or (c) component members of the committee opposes it. In any of the cases referred to(1a) In Article 5, paragraph 4 is replaced by the following: "4. Without prejudice to Article 7, where no opinion is delivered, the Commission may not adopt the draft implementing act, except in the cases provided for in the second subparagraph, w. Where an implementing act is deemed to be necessary, the chair may either submit an amended version of that act to the same committee within 2 months of the vote, or submit the draft implementing act within 1 month of the vote to the appeal committee for further deliberation.". that act concerns taxation, the basic act provides that the draft a simple majority of the
2018/01/22
Committee: ENVI
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) No 182/2011
Article 6 – paragraph 1 – subparagraph 1 a
(a) in paragraph 1, the following second subparagraph is added: "However, only members of the appeal committee who are present or represented at the time of the vote, and do not abstain from voting, shall be considered as participating members of the appeal committee. The majority referred to in Article 5(1) shall be the qualified majority referred to in Article 238(3) (a) TFEU. A vote shall only be considered to be valid if a simple majority of the Member States are participating members.";deleted
2018/01/22
Committee: ENVI
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 3 – subparagraph 2
(aa) in paragraph 3, the second subparagraph is deleted;
2018/01/22
Committee: ENVI
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
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.
2018/01/22
Committee: ENVI
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
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.";
2018/01/22
Committee: ENVI
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EU) No 182/2011
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.".
2018/01/22
Committee: ENVI
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 182/2011
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.".
2018/01/22
Committee: ENVI