Activities of François ALFONSI related to 2022/0068(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part
Amendments (19)
Amendment 11 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) On 10 April 1998 the Belfast Agreement was signed by the Government of the UK, the Government of Ireland and the other participants in the multi-party negotiations (the ‘Good Friday Agreement’). The Protocol on Ireland/Northern Ireland of the Withdrawal Agreement provides for a legal framework that preserves the Good Friday Agreement in all its parts and the rights of the people of Northern Ireland, and safeguards peace, single market integrity and the all-island economy and therefore avoids a hard border. It is the UK’s obligation to ensure that the Good Friday Agreement in all its parts applies under all circumstances.
Amendment 14 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union and the United Kingdom including its devolved institutions may conclude other bilateral agreements between them that constitute supplementing agreements to the Trade and Cooperation Agreement and such supplementing agreements are an integral part of the overall bilateral relations as governed by this Agreement and form part of the overall framework.
Amendment 16 #
Proposal for a regulation
Recital 5
Recital 5
(5) Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States and keeping the European Parliament and the EU Domestic Advisory Group under the Trade and Cooperation Agreement informed. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.
Amendment 23 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure uniform conditions for the implementation of this Regulation, and in particular in order to ensure the swift, effective and flexible exercise of the corresponding Union’s rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be conferrdelegated ton the Commission to adoptin respect of the measures referred to above and to and to adopt, as appropriate, measures restricting trade or other activities. Those powers should also extend to the amendment, suspension or repeal of the adopted measures. They should be exercised in accIt is of particular impordtance with Regulation (EU) No 182/2011 of the European Parliament and of the Council24 . Given that the envisaged measures entail the adoption of acts of general scope, and that most of the envisaged measures relate to the areas referred to in Article 2(2), point (b), of that Regulthat the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 20161a. In particular, to ensure equal participation, in the examination procedure should be used for the adoption of those measures. The Commission should adopt immediately applicablpreparation of delegated acts, the European Parliament and the Council should receive all documents at the same timplementing acts where, in duly justified cases, imperative grounds of urgency so require for the appropriate protection of the Union’s interese as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 241a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 30 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall be empowered, by means of implementing acts, to adopt delegated acts in accordance with Article 3a concerning:
Amendment 31 #
(a) to adopt the measures referred to in Article 1(2) of this Regulation; and
Amendment 34 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Where appropriate, those implementingdelegated acts shall specify the duration of the adopted measures.
Amendment 38 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) effectiveness of the measures in inducing compliance of the United Kingdom with the agreements referred to in Article 1(1) in particular the Good Friday Agreement in all its parts which apply under all circumstances;
Amendment 40 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) potential of the measures to guarantee citizens’, consumers’ and workers’ rights, contribute to sustainable development to provide relief to economic operators within the Union affected by the measures of the United Kingdom;
Amendment 45 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to amenddopt delegated acts in accordance with Article 3a concerning amendment, suspendsion or repeal of the measures referred to in Article 1(2) by means of implementing acts. Where appropriate, those implementingdelegated acts shall specify the duration of the suspension.
Amendment 47 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. The Commission shall fully inform the Council, the European Parliament and the Domestic Advisory Group simultaneously in written and in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that may give rise to measures taken pursuant to this Regulation, as well as of its intention to adopt measures referred to in paragraph 1 and of the follow up to any measures taken. In addition, when requested by the European Parliament, the Commission shall present and explain difficulties, possible breaches, intended measures and follow-up, in a meeting of the European Parliament’s responsible committee which may decide to follow-up by expressing its position in writing through a letter to the Commission. The Commission shall take the utmost account of the views expressed by the European Parliament. If the Commission does not follow the position of the European Parliament, the Commission shall explain in writing the reasons for not doing so.
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Where there is a particular concern of one or more Member States, that or those Member Statesany Member State or the European Parliament, may request the Commission to adopt measures referred to in Article 1(2). If the Commission does not respond positively to such a request, it shall inform the Council ijustify its response in a written and timely manner of its reasons.
Amendment 55 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2), point (c), of this Regulation last for more than a year, one or more Member States, and the European Parliament may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the CouncilEuropean Parliament, the Council and the EU Domestic Advisory Group under the Trade and Cooperation Agreement in a timely manner of its reasons.
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. On duly justifiedWhere imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in so require, the procedure provided for in Article 3b shall apply to delegated acts adopted pursuant to this Article 3(3).
Amendment 63 #
Proposal for a regulation
Article 3
Article 3
Amendment 65 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 66 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 3a(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
Amendment 67 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Annual reporting 1. When the Commission submits its annual reports to the European Parliament, to the Council and to the EU Domestic Advisory Group under the Trade and Cooperation Agreement on the implementation and application of the Trade and Cooperation Agreement and the Withdrawal agreement, it shall also include an overview of the complaints received regarding the Trade and Cooperation Agreement, as well as their follow up, and of measures adopted under Article 2. 2. The European Commission, when requested by the European Parliament, shall present and explain any issues related to the implementation of this Regulation within two months of the submission of the Commission’s report.