33 Amendments of Morten MESSERSCHMIDT related to 2016/2005(ACI)
Amendment 2 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. having regard to the large number of European legal acts currently in force: 31 665 legislative acts, including 1 712 directives and 12 310 binding regulations, plus those legal acts at the 'pending' stage: 2 344 proposals for legislative acts and 644 proposals for non-legislative acts;
Amendment 3 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. having regard to the highly topical significance of the Council's statement made in its Laeken Declaration of 15 December 2001, according to which: '[Citizens] want the European institutions to be less unwieldy and rigid and, above all, more efficient and open. Many also feel that the Union should involve itself more with their particular concerns, instead of intervening, in every detail, in matters by their nature better left to Member States' and regions' elected representatives. This is even perceived by some as a threat to their identity.
Amendment 4 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas a large proportion of European legislative activity is now completely invisible as a result of the 2 500 or so delegated acts per year which are general in scope and over 500 of which are in fact of a legislative nature, in violation of the provisions of Article 290 ff. TFEU, and whereas they should therefore be adopted under the ordinary legislative procedure (codecision); whereas this situation is extremely damaging in terms of the requirements of transparency, subsidiarity and, in a more general sense, democratic legitimacy of EU law, which is today lacking;
Amendment 5 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. having regard to the urgent need for a drastic reduction in the number of European standards and, with this in mind, a deadline and target figures for EU institutions, which should apply this excellent formula: 'for each new standard created, two old standards deleted';
Amendment 11 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the agreement reached between the institutions and considers this a good basis forfirst step in establishing a new relationship between them with a view to delivering better law-making in the interest of the Union's citizens;
Amendment 13 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deeply regrets, in the context of better law-making, that negotiations on the IIA failed to follow established practice in terms of a committee procedure in the European Parliament; believes that the manner in which the negotiations were conducted undermines the democratic legitimacy of the agreement;
Amendment 16 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes a number of elements contained in the agreement which represent a first step in ensuring that legislation is clear and simple and that it will have a positive impact on citizens' lives with proportionate and bearable costs; notes in particular the results of the negotiations as regards multiannual interinstitutional programming, the Commission's follow-up to Parliament's legislative initiatives, and the provision of justifications for and consultations on envisaged withdrawals of legislative proposals; also welcomes the agreed interinstitutional exchange of views in the event that a modification of the legal basis of an act is envisaged;
Amendment 28 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the importance of the provisions of the new IIA on better law- making tools (impact assessments, public and stakeholder consultations, evaluations, etc.), which should be used both in the preparatory phase and throughout the entire legislative process, for a well- informed, inclusive and transparent decision-making process and for the correct application of legislation, whilst safeguarding the prerogatives of the legislators; welcomes the aim of improving the implementation and application of Union legislation, inter alia through better identification of national measures that bear no relation to the Union legislation that is to be transposed ("gold-plating"); believes that the concept of "gold-plating" must be understood as meaning any measure that exceeds minimum requirements;
Amendment 29 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned that the wording in relation to impact assessments in no way commits the three Institutions to include SMEs and competitiveness tests in their impact assessments notwithstanding that this would have helped ensure that companies, and SMEs in particular, are not overburdened by legislation;
Amendment 30 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that thorough impact assessments which comprehensively evaluate compliance with the principle of subsidiarity, and enhanced subsidiarity checks by all Institutions are essential throughout the legislative process and that the inclusion of a subsidiarity check in the agreement would have been a welcome step forward in improving the trust of citizens, who regard the subsidiarity principle as a key aspect of the democratic process;
Amendment 31 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Regrets that the wording of the agreement does not explicitly indicate that impact assessments should be living documents that must as a matter of course be updated when new significant amendments are introduced during the legislative process;
Amendment 32 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes that the cumulative cost of legislation can result in significant difficulties for businesses and individuals affected by Union rules; expresses regret that that this agreement has failed to address this, and calls on the three institutions to consider the benefits of introducing regulatory offsetting, whereby new rules that add to administrative and regulatory burdens can only be imposed if a corresponding cut in existing burdens can be identified;
Amendment 33 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the letter of 15 December 2015 from the First Vice -President of the Commission on the functioning of the new Regulatory Scrutiny Board, which is to oversee the quality of the Commission's impact assessments; strongly believes that the establishment of the RSP represents a missed opportunity which should have shown more ambition; believes that an external, independent Regulatory Scrutiny Board involving independent experts throughout the legislative cycle and common to the three institutions should have been agreed upon; points out that the legislators may also carry out their own impact assessments where they consider this necessary; underlines that, furthermore, the new IIA provides for exchanges of information between the institutions on best practice and methodologies relating to impact assessments, thus providing an opportunity to review the functioning of the Regulatory Scrutiny Board in due time;
Amendment 45 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importance of the agreed "Annual Burden Survey" as a tool to help avoid and eliminate overregulation and reduce administrative burdens; points out that the feasibility and desirability of establishing objectives for the reduction of burdens in specific sectors must be evaluated on a case-by-case basis in close cooperation between the institution in order to monitor, in a clear and transparent manner, the burden reduction; urges that the Annual Burden Survey must identify the burdens imposed by individual Commission legislative proposals and acts and by individual Member States; welcomes in this respect the fact that the three institutions have agreed that impact assessments should also address the impact of proposals on administrative burdens, particularly as regards small and medium- sized enterprises;
Amendment 47 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importance of the agreed "Annual Burden Survey" as a tool to help avoid overregulation and reduce administrative burdens; points out that the feasibility and desirability of establishing objectives for the reduction of burdens in specific sectors must be evaluated on a case-by-case basis in close cooperation between the institutions; welcomes in this respect the fact that the three institutions have agreed that impact assessments should also address the impact of proposals on administrative burdens, particularly as regards small and medium-sized enterprises, which are on the receiving end of an administrative burden imposed by EU law estimated by a former Commissioner to amount to EUR 600 billion per year;
Amendment 49 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that, in principle, a balanced solution has been found with regard to delegated and implementing acts, ensuring transparency and parity between legislators, but points to the need for a swift agreement on appropriate delineation criteria for delegated and implementing acts, and for a right of call back and control by national parliaments for such acts, and a prompt alignment of all basic acts to the legal framework introduced by the Treaty of Lisbon;
Amendment 56 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that the appropriate use of first and second-reading procedures has not been addressed; believes that the practice of conducting trilogues to achieve first-reading agreements may lack transparency and reduce the possibility for citizens and stakeholders to follow and provide input during fast-tracked procedures; calls for improvements to be made to the transparency of Parliament's own procedures, especially in first- reading agreements; believes in this regard that a "cooling-off" period, applied after the conclusion of negotiations, should be further utilised for the completion of an impact assessment and subsidiarity check;
Amendment 59 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the commitment to ensure transparency of legislative procedures, but underlines the need for more concrete provisions and tools to achieve this, and is particularly concerned that democracy should not be sacrificed to speed, given that European democracy is already defective, and hence that the delegated acts procedure should no longer be misused to pass measures of a legislative nature; calls for a procedure for the right of call back of delegated and implementing acts, to enable national parliaments to monitor measures taken by the Commission using both these types of act;
Amendment 66 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Also believes that more concrete arrangements are needed in order to enhance the political and legislative dialogue with national parliaments to enable them finally to assume their full responsibilities vis-à-vis the European process, particularly in the drafting and legitimisation of Union law: a right of legislative initiative ('green card'), a right to issue a binding negative opinion ('red card'), whether by virtue of the subsidiarity principle or by reference to a risk to its own country's very important interests, a right not to participate in European legislation (which does not prevent action by other Member States and permits differentiated forms of cooperation), a right to call back implementing and delegated acts taken by the Commission, and a right of inquiry into European matters;
Amendment 68 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Also believes that more concrete arrangements are needed in order to enhance the political dialogue with national parliaments; believes that steps should be taken to facilitate the review by national parliaments of implementing acts and their ability to call for further consideration to be given to them;
Amendment 71 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Proposes the development of mechanisms whereby national parliaments are involved in the revision of current European legislation: review of a directive or regulation if a Member State requests it, automatic sunset clause for certain acts after five or ten years, repatriation of a power if, by virtue of the principles of conferral, subsidiarity and proportionality, a national parliament finds that Union intervention is not, in the light of experience, more effective than the intervention of national or local authorities;
Amendment 72 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Regrets that the three institutions have not made a greater commitment with regard to implementation; believes that the European Parliament could have gone further by agreeing to set aside committee time and to undertake analyses of the implementation of legislation applying in their sectors; believes that such evaluation should be supported by the Commission, which should be represented by a senior official during these meetings and should be expected to answer questions in detail;
Amendment 74 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that such simplification and reduction of red tape in the application of Union legislation should be carried through once all practical arrangements to implement the new IIA in its entirety are in place, whereupon the institutions could also evaluate whether adjustments to the new IIA may be necessary in light of experience gained up until that point in time with the implementation of the new IIA;
Amendment 77 #
Motion for a resolution
Paragraph 12 – introductory part
Paragraph 12 – introductory part
12. Points out that the following issues, in particular, the need further follow-up at technical and/or political level:
Amendment 79 #
Motion for a resolution
Paragraph 12 – indent 2
Paragraph 12 – indent 2
- verification of the legal basis of acts (review of the Rules of Procedure to incorporate arrangements for a trilateral exchange of views) and of strict compliance with the principle of conferral, whereby 'the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein' (Article 5(2) TEU) and 'each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them' (Article 13(2) TEU);
Amendment 81 #
Motion for a resolution
Paragraph 12 – indent 3
Paragraph 12 – indent 3
- the transparency, democratisation and coordination of the legislative process (practical arrangements for exchanges of views, information- sharing and comparison of time-tables, transparency in the context of trilateral negotiations, development of platforms and tools for the establishment of a joint database on the state of play of legislative files, the provision of information to national parliamentscomposition and transparency of groups of experts (list and CVs of members, their financial interests and external activities, group's agendas and minutes, and exclusion of lobbyists), development of platforms and tools for the establishment of a joint database on the state of play of legislative files, the provision of information to national parliaments, facilitation of the exercise by national parliaments of effective upstream and downstream control over legislative negotiations carried out by and with the Union institutions, over compliance with the principles of subsidiarity and proportionality, over activation of 'passerelle' clauses, the flexibility clause, clauses on the internal market and simplified revision clauses, and over measures taken via implementing and delegated acts, and practical arrangements for cooperation and information-sharing regarding negotiations on, and the conclusion of, international agreements);
Amendment 84 #
Motion for a resolution
Paragraph 12 – indent 3
Paragraph 12 – indent 3
- the transparency and coordination of the legislative process, including the use of a "cooling off" period after the conclusion of trilogue negotiations for the completion of an impact assessment and a subsidiarity check (practical arrangements for exchanges of views, information- sharing and comparison of time-tables, transparency in the context of trilateral negotiations, development of platforms and tools for the establishment of a joint database on the state of play of legislative files, the provision of information to national parliaments and practical arrangements for cooperation and information-sharing regarding negotiations on, and the conclusion of, international agreements);
Amendment 85 #
Motion for a resolution
Paragraph 12 – indent 3 a (new)
Paragraph 12 – indent 3 a (new)
- an evaluation and possible follow up of the independence of the Regulatory Scrutiny Board in fulfilling its role in supervising and providing objective advice on respective impact assessments;
Amendment 86 #
Motion for a resolution
Paragraph 12 – indent 3 b (new)
Paragraph 12 – indent 3 b (new)
- inclusion of a binding target for a 25% reduction by 2020 of the economic costs linked to regulatory burdens for businesses in each policy area, with a longer-term target for halving the burden of existing Union regulations by 2030;
Amendment 88 #
Motion for a resolution
Paragraph 12 – indent 4
Paragraph 12 – indent 4
- delegated and implementing acts (negotiations on delineation criteria for delegated and implementing acts, the setting-up of a register of delegated acts and alignment of pre-Lisbon acts, the right of call back enabling Member States to monitor the content of delegated and implementing acts and the Commission's compliance with the Treaties);
Amendment 92 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. ApproveRejects the draft agreement contained in Annex I to this decision;
Amendment 95 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission, the Council and the Member States to set a target figure for the EU of a 50% reduction in the volume of European legislation to be achieved by 2024, by the immediate application of the formula that, for each new law created two old laws are to be repealed, in cooperation with the national parliaments;
Amendment 97 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Instructs its President not to sign the new IIA with the President of the Council and the President of the Commission and to arrange for its publication in the Official Journal of the European Union;