Activities of Bernhard RAPKAY related to 2012/2323(INI)
Shadow reports (1)
REPORT on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers PDF (336 KB) DOC (187 KB)
Amendments (8)
Amendment 1 #
Motion for a resolution
Recital A
Recital A
A. whereas the Lisbon Treaty introduced the possibility for Parliament and the Council ('the legislator') to delegate part of its own power to the Commission in a legislative act (‘the basic act’); whereas delegation is a delicate operation in which the Commission is instructed to exercise a power which is intrinsic to the legislator's own role; whereas the starting-point in examining the issue of delegation must therefore always be the freedom of the legislator; whereas according to settled case-law, the adoption of rules essential to the subject matter envisaged is reserved to the legislator, which means that the adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated; whereas a law is always essential as a matter of principle; whereas therefore that delegated power can only consist in supplementing or amending parts of a legislative act that are not essential; whereas the resulting delegated acts adopted by the Commission will be non- legislative acts of general scope; whereas the basic act must explicitly define the objective, content, scope and duration of that delegation, and must lay down the conditions to which the delegation is subject;
Amendment 9 #
Motion for a resolution
Paragraph 1 – indent 6 a (new)
Paragraph 1 – indent 6 a (new)
- In acts establishing financial programmes, measures that serve to supplement the basic act with regard to specific technical provisions, strategic interests, objectives, expected results, etc. can be adopted either by the legislator or, under certain conditions and where sufficiently justified, by the Commission by means of delegated acts. Other measures that do not express any political orientation (technical arrangements for exchanging information, exchange of data, etc.) may be of implementing nature, without prejudice to confirmation by the legislator.
Amendment 13 #
Motion for a resolution
Paragraph 1 – indent 12
Paragraph 1 – indent 12
- Authorisations can be measures of general application. This is for instance the case where decisions concern the authorisation or prohibition of the inclusion of a specific substance in food, cosmetics etc. Those decisions are general because they concern any operator willing to use such substance. In such cases, if the Commission decision is fully based on criteria contained in the basic act, it should be an implementing act, provided that the legislator did not choose to keep the authorisations as an integral part of the basic act in the form of an Annex; if it adds new normative content affecting the substance of the rights and obligations and thereby adding secondary political orientation or policy choices to the basic act, thus supplementing it, it should be a delegated act.
Amendment 18 #
Motion for a resolution
Paragraph 1 – indent 15
Paragraph 1 – indent 15
Amendment 21 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission in future to provide an explicit and sustainable justification of why it is proposing a delegated or implementing act in a particular legislative proposal and why it considers its regulatory content to be non- essential;
Amendment 24 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls for clear rules governing Parliament's representation and participation and the information to be forwarded to Parliament; points, accordingly, to the political responsibility of the legislator and the need for the regular and timely involvement of the political authorities in the discussions on delegated acts;
Amendment 25 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages its committees to closely monitor the use of delegated and implementing acts within their respective spheres of responsibility, bundle issues together in order to develop a common approach for the whole Parliament, and at the same time preserve the necessary flexibility on the part of the committees in each individual case; recommends, to this end, that a permanent rapporteur be appointed in each committee for delegated and implementing acts; continues to call on the members of negotiating teams in particular to pay particular attention to this matter when reporting to the competent committee following each trilogue pursuant to Rule 70(4) of the Rules of Procedure of the European Parliament;
Amendment 27 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for sufficient technical and personal resources to be assigned for delegated and implementing acts, inter alia in order to ensure an efficient internal flow of information;