9 Amendments of József SZÁJER related to 2012/2323(INI)
Amendment 2 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the delegation of power to the Commission is not merely a technical issue but can involve questions of considerable political importance for Union citizens and consumers, enterprises and complete sectors because of their possible socio-economic, environmental and health impacts;
Amendment 5 #
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Considers that the following non- binding criteria should be followed by Parliament in applying Articles 290 and 291 TFEU; this list of criteria should not be considered as exhaustive:
Amendment 6 #
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
- The Commission may only amend legislative acts by means of delegated acts. This includes amendment of annexes, as annexes are an integral part of the legislative act. Annexes are not to be added to or deleted with the aim of triggering or avoiding the use of delegated acts; if the legislator considers that a text should be an integral part of the basic act, it may decide to include that text in an annex. This is particularly true regarding Union lists or registers of authorised products or substances which should remain, in the interests of legal certainty, an integral part of the basic act, if appropriate, in the form of an Annex.
Amendment 11 #
Motion for a resolution
Paragraph 1 – indent 9
Paragraph 1 – indent 9
- Measures establishing a procedure (i.e. a way of performing or giving effect to something) can either be a delegated or implementing act (or even an essential element of the basic act) depending on their content, context and the nature of the provisions set out in the basic act. Measures establishing elements of procedures involving further non- essential policy choices in order to supplement the legislative framework laid down in the basic act should in general be delegated acts. Measures establishing details of procedures in order to ensure uniform conditions for the implementation of an obligation laid down in the basic act should in general be implementing measures.
Amendment 14 #
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 shcould 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; if, however, the Commission decision 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 16 #
Motion for a resolution
Paragraph 1 – indent 13
Paragraph 1 – indent 13
- A legislative act may only delegate to the Commission the power to adopt non- legislative acts of general application. Measures of individual application may not, therefore, be adopted by means of delegated acts. An act is of general scope is an act that establishes rules that are intended to apply to an indeterminate number of addresseesapplication if it applies to objectively determined situations and produces legal effects with respect to categories of persons generally and in the abstract.
Amendment 22 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses serious concern that the alignment of the acquis to the Treaty of Lisbon is only partly a reality four years after its entry into force; calls onwelcomes the presentation by the Commission to pof the rescent any outstanding alignment proposals; calls on the Council Presidency to do its utmost to progress with talks on those packages that are currently stalled in the Council, including proposals in the fields of agriculturproposals for alignment of the remaining legislative acts providing for the use of the regulatory procedure with scrutiny (RPS); stresses however the need to start negotiations on these proposals as soon as possible, in order to finalise this exercise before the aend fisheriesof this legislature; considers that at least all cases previously dealt with under RPS should now be aligned to Article 290 TFEU, as RPS measures are also measures of general scope designed to amend non-essential elements of that instrument, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements; at the same time, calls on the Council to progress with talks on those specific alignment proposals that are still stalled in the Council, including proposals in the fields of agriculture and fisheries;
Amendment 23 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises that in those cases where it has been decided to use implementing acts, the Parliament's negotiating team should carefully assess what kind of control by Member States is needed and whether the advisory or the examination procedure should be used; stresses that Parliament's negotiation teams, in case the examination procedure is used, should only accept the so-called "no opinion clause" in exceptional well justified cases, as it prevents the Commission from adopting the draft implementing act in case of "no opinion" by the committee composed of representatives of the Member States and chaired by the Commission;
Amendment 26 #
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; to that purpose, requests the Commission to enhance the administrative arrangements for transmission and filing of documents related to delegated acts, in order to ensure at least the same level of information and transparency as for the existing register for implementing acts;