BETA


2012/2323(INI) Follow-up on the delegation of legislative powers and the control by Member States of the Commission's exercise of implementing powers

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI SZÁJER József (icon: PPE PPE) RAPKAY Bernhard (icon: S&D S&D), THEIN Alexandra (icon: ALDE ALDE), LICHTENBERGER Eva (icon: Verts/ALE Verts/ALE), KARIM Sajjad (icon: ECR ECR), MAŠTÁLKA Jiří (icon: GUE/NGL GUE/NGL), SPERONI Francesco Enrico (icon: EFD EFD), STOYANOV Dimitar (icon: NA NA)
Committee Opinion DEVE MITCHELL Gay (icon: PPE PPE)
Committee Opinion ECON BOWLES Sharon (icon: ALDE ALDE) Nikolaos CHOUNTIS (icon: GUE/NGL GUE/NGL), Werner LANGEN (icon: PPE PPE), Kay SWINBURNE (icon: ECR ECR)
Committee Opinion EMPL BERÈS Pervenche (icon: S&D S&D) Thomas HÄNDEL (icon: GUE/NGL GUE/NGL), Tatjana ŽDANOKA (icon: Verts/ALE Verts/ALE)
Committee Opinion ENVI GROOTE Matthias (icon: S&D S&D)
Committee Opinion ITRE SARTORI Amalia (icon: PPE PPE) Sajjad KARIM (icon: ECR ECR), Claude TURMES (icon: Verts/ALE Verts/ALE)
Committee Opinion TRAN KUHN Werner (icon: PPE PPE), EL KHADRAOUI Saïd (icon: S&D S&D) Gesine MEISSNER (icon: ALDE ALDE)
Committee Opinion AGRI DE CASTRO Paolo (icon: S&D S&D)
Committee Opinion PECH SÁNCHEZ PRESEDO Antolín (icon: S&D S&D) Alain CADEC (icon: PPE PPE)
Committee Opinion LIBE BEŇOVÁ Monika (icon: S&D S&D)
Committee Opinion AFCO
Lead committee dossier:
Legal Basis:
RoP 052

Events

2014/02/25
   EP - Results of vote in Parliament
2014/02/25
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a resolution on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers.

The Lisbon Treaty introduced the possibility for Parliament and the Council to delegate part of its own powers to the Commission in a legislative act. The delegated power can only consist in supplementing or amending parts of a legislative act considered non-essential by the legislator.

The delineation of delegated and implementing acts , and the correct and most appropriate choice of provisions to be included in the basic act, constitute issues which become an integral part of most negotiations on legislative proposals.

Accordingly, the resolution contained a number of practical proposals to safeguard Parliament’s prerogatives in order to ensure a sufficient level of democratic legitimacy for the delegated acts.

Application criteria : Parliament considers that certain criteria should be followed by Parliament in applying Articles 290 and 291 TFEU. In general, delegated acts should be used where the basic act leaves a considerable margin of discretion to the Commission to supplement the legislative framework laid down in the basic act.

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 .

The following should be adopted through delegated acts:

· measures leading to a choice of priorities, objectives or expected results, if the legislator decides not to include them in the legislative act itself;

· measures designed to lay down (further) conditions, criteria or requirements to be met;

· additional binding rules of general scope that affect in substance the rights or obligations laid down in the basic act, further defining the Union policy;

· measure that determines the type of information to be provided under the basic act (i.e. the exact content of the information).

The following should be carried out by means of an implementing act:

· measures determining arrangements for the provision of information (i.e. the format);

· elements that do not reflect any further political or policy orientation

An empowerment to determine methods (i.e. ways of doing something in particular in a regular and systematic way) or methodology (i.e. rules to determine the methods) can provide for delegated or implementing acts depending on the content and the context.

Interinstitutional agreement : Members called on the Commission and the Council to enter into negotiation with the Parliament with a view to reaching an agreement on a set of criteria for the application of articles 290 and 291 TFEU listed in the resolution . These negotiations could take place within the framework of a revision of the interinstitutional agreement on Better Law Making, including the criteria set out.

Parliament made the following recommendations:

· the Commission must provide an explicit justification as to 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;

· to strengthen the position of its rapporteurs in legislative negotiations, greater recourse should be had to the possibility of requesting an opinion from the Committee on Legal Affairs under Rule 37a of the Rules of Procedure;

· all cases previously dealt with under regulatory procedure with scrutiny (RPS) should now be aligned to Article 290 TFEU; this procedure is expected to be finalised before the end of the current legislature;

· 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;

· the Commission must not misuse delegated acts in order to reopen discussions on matters agreed at political level in trilogues; the power to adopt delegated acts should preferably be conferred on the Commission only for a limited period of time ;

· to enable the committees to monitor the use of delegated acts and implementing acts, the Commission should improve its transmission of documents related to delegated acts ;

· Parliament should be regularly and in a timely manner associated with the preparatory phase of delegated acts ; the procedure for inviting Parliament's experts to meetings with national experts, if so requested by the responsible Parliamentary committee should be simplified;

· the time between the transmission of final draft implementing acts and their adoption by the Commission is often too short to allow for adequate oversight by Parliament; the Commission, therefore, must fully respect the Parliament's right to scrutinise final draft implementing acts within a period of one month .

Members recommended that, in each committee, permanent rapporteurs be appointed for delegated and implementing acts, guaranteeing coherence within the committee concerned and with other committees.

Lastly, Parliament commented on specific subject-matters:

Agriculture and fisheries : Parliament deplored the fact that the alignment dossiers on essential agricultural and fisheries legislation were blocked by the Council after the failure of negotiations in informal trilogues and Parliament's first reading. Development cooperation : since implementing acts are often based on prior consultations with third parties, Members stressed that earlier notification of and dialogue with Parliament would allow a more effective use of Parliament’s power of scrutiny. Economic and monetary affairs: given the technical expertise and specialist skills of the ESAs, delegated acts should take the form of RTS rather thanordinary delegated acts wherever possible. For certain legislative acts, Members considered that the period for scrutinising may be extended by a further month, given their volume and complexity.

Documents
2014/02/25
   EP - End of procedure in Parliament
2014/02/24
   EP - Debate in Parliament
2013/12/04
   EP - Committee report tabled for plenary, single reading
Details

The Committee on Legal Affairs adopted an own-initiative report by József SZÁJER (EPP, HU) on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers.

The Lisbon Treaty introduced the possibility for Parliament and the Council to delegate part of its own powers to the Commission in a legislative act. The adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated. The delegated power can only consist in supplementing or amending parts of a legislative act considered non-essential by the legislator.

The delineation of delegated and implementing acts , and the correct and most appropriate choice of provisions to be included in the basic act, constitute issues which become an integral part of most negotiations on legislative proposals.

That is why the report contained a number of practical proposals to safeguard Parliament’s prerogatives in order to ensure a sufficient level of democratic legitimacy for the delegated acts, taking into account the different positions taken by Parliament, the ‘horizontal approach’ endorsed by the Conference of Presidents and the regular screening exercises conducted by Parliament's services.

Members called on the Commission and the Council to enter into negotiation with the Parliament with a view to reaching an agreement on a set of criteria for the application of articles 290 and 291 TFEU listed in the report. These negotiations could take place within the framework of a revision of the interinstitutional agreement on Better Law Making, including these criteria:

The report made the following recommendations:

the Commission must provide an explicit justification as to 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; to strengthen the position of its rapporteurs in legislative negotiations, greater recourse should be had to the possibility of requesting an opinion from the Committee on Legal Affairs under Rule 37a of the Rules of Procedure; all cases previously dealt with under regulatory procedure with scrutiny (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 a basic act; this procedure is expected to be finalised before the end of the current legislature; despite the fact that it can be a good solution in certain cases, Members did not support systematically keeping all policy elements in the basic act as this could, in due course, prevent recourse to Article 290 TFEU as a valuable means of rationalisation of the legislative process; 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; the Commission must not misuse delegated acts in order to reopen discussions on matters agreed at political level in trilogues; the power to adopt delegated acts should preferably be conferred on the Commission only for a limited period of time ; to enable the committees to monitor the use of delegated acts and implementing acts, the Commission should improve its transmission of documents related to delegated acts in order to ensure at least the same level of information and transparency as for the existing register of implementing acts and to guarantee a simultaneous flow of information to Parliament and to the Council as the legislator; Parliament should be regularly and in a timely manner associated with the preparatory phase of delegated acts ; it should be informed of the planned timetable, the scheduled meetings of expert groups and the content of envisaged delegated acts; in the context of the preparation of delegated acts, the Commission must fully respect the Framework Agreement on relations between the European Parliament and the European Commission, inter alia by simplifying the procedure for inviting Parliament's experts to meetings with national experts, if so requested by the responsible Parliamentary committee; the time between the transmission of final draft implementing acts and their adoption by the Commission is often too short to allow for adequate oversight by Parliament; the Commission, therefore, must fully respect the Parliament's right to scrutinise final draft implementing acts within a period of one month .

Members recommended that, in each committee, permanent rapporteurs be appointed for delegated and implementing acts , guaranteeing coherence within the committee concerned and with other committees.

Finally, the report commented on specific subject-matters:

Agriculture and fisheries : the report d eplored the fact that the alignment dossiers on essential agricultural and fisheries legislation were blocked by the Council after the failure of negotiations in informal trilogues and Parliament's first reading. Development cooperation : since implementing acts are often based on prior consultations with third parties, Members stressed that earlier notification of and dialogue with Parliament would allow a more effective use of Parliament’s power of scrutiny. Economic and monetary affairs : given the technical expertise and specialist skills of the ESAs, delegated acts should take the form of RTS rather than ordinary delegated acts wherever possible. For certain legislative acts, Members considered that the period for scrutinising may be extended by a further month, given their volume and complexity.

Documents
2013/11/26
   EP - Vote in committee, 1st reading/single reading
2013/11/25
   EP - Committee opinion
Documents
2013/11/25
   EP - Committee opinion
Documents
2013/10/11
   EP - Committee opinion
Documents
2013/10/01
   EP - Amendments tabled in committee
Documents
2013/09/26
   EP - Committee opinion
Documents
2013/09/24
   EP - Committee opinion
Documents
2013/09/23
   EP - Committee opinion
Documents
2013/09/10
   EP - Committee opinion
Documents
2013/09/06
   EP - Committee opinion
Documents
2013/07/22
   EP - Committee draft report
Documents
2013/05/30
   EP - Committee opinion
Documents
2013/05/08
   EP - Committee Opinion
2013/03/19
   EP - Committee Opinion
2013/03/13
   EP - Committee Opinion
2013/02/05
   EP - Committee Opinion
2013/01/31
   EP - Committee Opinion
2013/01/17
   EP - Committee Opinion
2013/01/15
   EP - Committee referral announced in Parliament, 1st reading/single reading
2012/12/18
   EP - Committee Opinion
2012/12/17
   EP - Committee Opinion
2012/12/17
   EP - Committee Opinion
2012/12/12
   EP - Responsible Committee

Documents

AmendmentsDossier
88 2012/2323(INI)
2013/05/06 ENVI 8 amendments...
source: PE-510.673
2013/06/06 PECH 9 amendments...
source: PE-513.175
2013/06/19 TRAN 14 amendments...
source: PE-513.391
2013/06/26 EMPL 9 amendments...
source: PE-514.742
2013/07/15 ITRE 6 amendments...
source: PE-516.646
2013/07/16 DEVE 2 amendments...
source: PE-516.609
2013/09/25 LIBE 11 amendments...
source: PE-519.520
2013/10/01 JURI 28 amendments...
source: PE-519.797
2013/11/06 AGRI 1 amendments...
source: PE-522.875

History

(these mark the time of scraping, not the official date of the change)

activities
  • date: 2013-01-15T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: False committee: AGRI date: 2013-03-19T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee: DEVE date: 2013-05-08T00:00:00 committee_full: Development rapporteur: group: PPE name: MITCHELL Gay body: EP responsible: False committee: ECON date: 2013-02-05T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: ALDE name: BOWLES Sharon body: EP responsible: False committee: EMPL date: 2013-03-13T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: BERÈS Pervenche body: EP responsible: False committee: ENVI date: 2012-12-18T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: S&D name: GROOTE Matthias body: EP responsible: False committee: ITRE date: 2012-12-17T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PPE name: SARTORI Amalia body: EP shadows: group: S&D name: RAPKAY Bernhard group: ALDE name: THEIN Alexandra group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico group: NI name: STOYANOV Dimitar responsible: True committee: JURI date: 2012-12-12T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: SZÁJER József body: EP responsible: False committee: LIBE date: 2013-01-31T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika body: EP responsible: False committee: PECH date: 2013-01-17T00:00:00 committee_full: Fisheries rapporteur: group: S&D name: SÁNCHEZ PRESEDO Antolín body: EP responsible: False committee: TRAN date: 2012-12-17T00:00:00 2012-12-17T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: KUHN Werner group: S&D name: EL KHADRAOUI Saïd
  • date: 2013-11-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: False committee: AGRI date: 2013-03-19T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo body: EP responsible: False committee: DEVE date: 2013-05-08T00:00:00 committee_full: Development rapporteur: group: PPE name: MITCHELL Gay body: EP responsible: False committee: ECON date: 2013-02-05T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: ALDE name: BOWLES Sharon body: EP responsible: False committee: EMPL date: 2013-03-13T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: BERÈS Pervenche body: EP responsible: False committee: ENVI date: 2012-12-18T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: S&D name: GROOTE Matthias body: EP responsible: False committee: ITRE date: 2012-12-17T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PPE name: SARTORI Amalia body: EP shadows: group: S&D name: RAPKAY Bernhard group: ALDE name: THEIN Alexandra group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico group: NI name: STOYANOV Dimitar responsible: True committee: JURI date: 2012-12-12T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: SZÁJER József body: EP responsible: False committee: LIBE date: 2013-01-31T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika body: EP responsible: False committee: PECH date: 2013-01-17T00:00:00 committee_full: Fisheries rapporteur: group: S&D name: SÁNCHEZ PRESEDO Antolín body: EP responsible: False committee: TRAN date: 2012-12-17T00:00:00 2012-12-17T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: KUHN Werner group: S&D name: EL KHADRAOUI Saïd
  • date: 2013-12-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0435&language=EN type: Committee report tabled for plenary, single reading title: A7-0435/2013 body: EP type: Committee report tabled for plenary, single reading
  • date: 2014-02-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140224&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2014-02-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23779&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0127 type: Decision by Parliament, 1st reading/single reading title: T7-0127/2014 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Secretariat-General commissioner: ŠEFČOVIČ Maroš
committees/0
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Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2012-12-12T00:00:00
rapporteur
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shadows
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body
EP
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Committee Opinion
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committee_full
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DEVE
date
2013-05-08T00:00:00
rapporteur
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committees/1
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2013-03-19T00:00:00
committee_full
Agriculture and Rural Development
rapporteur
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Committee Opinion
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EP
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Economic and Monetary Affairs
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ECON
date
2013-02-05T00:00:00
rapporteur
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EMPL
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ENVI
date
2012-12-18T00:00:00
rapporteur
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committees/4
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EP
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EMPL
date
2013-03-13T00:00:00
committee_full
Employment and Social Affairs
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committees/5
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EP
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committee_full
Industry, Research and Energy
committee
ITRE
date
2012-12-17T00:00:00
rapporteur
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committees/5
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2012-12-18T00:00:00
committee_full
Environment, Public Health and Food Safety
rapporteur
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committees/6
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EP
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committee_full
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TRAN
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rapporteur
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rapporteur
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committees/7
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Committee Opinion
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committee
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date
2013-03-19T00:00:00
rapporteur
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date
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committee_full
Legal Affairs
rapporteur
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committees/8
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Committee Opinion
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EP
associated
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committee_full
Fisheries
committee
PECH
date
2013-01-17T00:00:00
rapporteur
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committees/8
body
EP
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LIBE
date
2013-01-31T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
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Civil Liberties, Justice and Home Affairs
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LIBE
date
2013-01-31T00:00:00
rapporteur
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committees/10
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AFCO
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TRAN
date
committee_full
Transport and Tourism
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docs
  • date: 2013-05-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE507.927&secondRef=02 title: PE507.927 committee: ENVI type: Committee opinion body: EP
  • date: 2013-07-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.803 title: PE510.803 type: Committee draft report body: EP
  • date: 2013-09-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE513.025&secondRef=02 title: PE513.025 committee: TRAN type: Committee opinion body: EP
  • date: 2013-09-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.583&secondRef=02 title: PE510.583 committee: PECH type: Committee opinion body: EP
  • date: 2013-09-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE513.388&secondRef=03 title: PE513.388 committee: DEVE type: Committee opinion body: EP
  • date: 2013-09-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.865&secondRef=02 title: PE510.865 committee: ITRE type: Committee opinion body: EP
  • date: 2013-09-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE513.045&secondRef=02 title: PE513.045 committee: EMPL type: Committee opinion body: EP
  • date: 2013-10-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.797 title: PE519.797 type: Amendments tabled in committee body: EP
  • date: 2013-10-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE514.604&secondRef=03 title: PE514.604 committee: ECON type: Committee opinion body: EP
  • date: 2013-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE506.206&secondRef=04 title: PE506.206 committee: LIBE type: Committee opinion body: EP
  • date: 2013-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE508.273&secondRef=03 title: PE508.273 committee: AGRI type: Committee opinion body: EP
events
  • date: 2013-01-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-11-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-12-04T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0435&language=EN title: A7-0435/2013 summary: The Committee on Legal Affairs adopted an own-initiative report by József SZÁJER (EPP, HU) on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers. The Lisbon Treaty introduced the possibility for Parliament and the Council to delegate part of its own powers to the Commission in a legislative act. The adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated. The delegated power can only consist in supplementing or amending parts of a legislative act considered non-essential by the legislator. The delineation of delegated and implementing acts , and the correct and most appropriate choice of provisions to be included in the basic act, constitute issues which become an integral part of most negotiations on legislative proposals. That is why the report contained a number of practical proposals to safeguard Parliament’s prerogatives in order to ensure a sufficient level of democratic legitimacy for the delegated acts, taking into account the different positions taken by Parliament, the ‘horizontal approach’ endorsed by the Conference of Presidents and the regular screening exercises conducted by Parliament's services. Members called on the Commission and the Council to enter into negotiation with the Parliament with a view to reaching an agreement on a set of criteria for the application of articles 290 and 291 TFEU listed in the report. These negotiations could take place within the framework of a revision of the interinstitutional agreement on Better Law Making, including these criteria: The report made the following recommendations: the Commission must provide an explicit justification as to 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; to strengthen the position of its rapporteurs in legislative negotiations, greater recourse should be had to the possibility of requesting an opinion from the Committee on Legal Affairs under Rule 37a of the Rules of Procedure; all cases previously dealt with under regulatory procedure with scrutiny (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 a basic act; this procedure is expected to be finalised before the end of the current legislature; despite the fact that it can be a good solution in certain cases, Members did not support systematically keeping all policy elements in the basic act as this could, in due course, prevent recourse to Article 290 TFEU as a valuable means of rationalisation of the legislative process; 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; the Commission must not misuse delegated acts in order to reopen discussions on matters agreed at political level in trilogues; the power to adopt delegated acts should preferably be conferred on the Commission only for a limited period of time ; to enable the committees to monitor the use of delegated acts and implementing acts, the Commission should improve its transmission of documents related to delegated acts in order to ensure at least the same level of information and transparency as for the existing register of implementing acts and to guarantee a simultaneous flow of information to Parliament and to the Council as the legislator; Parliament should be regularly and in a timely manner associated with the preparatory phase of delegated acts ; it should be informed of the planned timetable, the scheduled meetings of expert groups and the content of envisaged delegated acts; in the context of the preparation of delegated acts, the Commission must fully respect the Framework Agreement on relations between the European Parliament and the European Commission, inter alia by simplifying the procedure for inviting Parliament's experts to meetings with national experts, if so requested by the responsible Parliamentary committee; the time between the transmission of final draft implementing acts and their adoption by the Commission is often too short to allow for adequate oversight by Parliament; the Commission, therefore, must fully respect the Parliament's right to scrutinise final draft implementing acts within a period of one month . Members recommended that, in each committee, permanent rapporteurs be appointed for delegated and implementing acts , guaranteeing coherence within the committee concerned and with other committees. Finally, the report commented on specific subject-matters: Agriculture and fisheries : the report d eplored the fact that the alignment dossiers on essential agricultural and fisheries legislation were blocked by the Council after the failure of negotiations in informal trilogues and Parliament's first reading. Development cooperation : since implementing acts are often based on prior consultations with third parties, Members stressed that earlier notification of and dialogue with Parliament would allow a more effective use of Parliament’s power of scrutiny. Economic and monetary affairs : given the technical expertise and specialist skills of the ESAs, delegated acts should take the form of RTS rather than ordinary delegated acts wherever possible. For certain legislative acts, Members considered that the period for scrutinising may be extended by a further month, given their volume and complexity.
  • date: 2014-02-24T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140224&type=CRE title: Debate in Parliament
  • date: 2014-02-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23779&l=en title: Results of vote in Parliament
  • date: 2014-02-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0127 title: T7-0127/2014 summary: The European Parliament adopted a resolution on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers. The Lisbon Treaty introduced the possibility for Parliament and the Council to delegate part of its own powers to the Commission in a legislative act. The delegated power can only consist in supplementing or amending parts of a legislative act considered non-essential by the legislator. The delineation of delegated and implementing acts , and the correct and most appropriate choice of provisions to be included in the basic act, constitute issues which become an integral part of most negotiations on legislative proposals. Accordingly, the resolution contained a number of practical proposals to safeguard Parliament’s prerogatives in order to ensure a sufficient level of democratic legitimacy for the delegated acts. Application criteria : Parliament considers that certain criteria should be followed by Parliament in applying Articles 290 and 291 TFEU. In general, delegated acts should be used where the basic act leaves a considerable margin of discretion to the Commission to supplement the legislative framework laid down in the basic act. 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 . The following should be adopted through delegated acts: · measures leading to a choice of priorities, objectives or expected results, if the legislator decides not to include them in the legislative act itself; · measures designed to lay down (further) conditions, criteria or requirements to be met; · additional binding rules of general scope that affect in substance the rights or obligations laid down in the basic act, further defining the Union policy; · measure that determines the type of information to be provided under the basic act (i.e. the exact content of the information). The following should be carried out by means of an implementing act: · measures determining arrangements for the provision of information (i.e. the format); · elements that do not reflect any further political or policy orientation An empowerment to determine methods (i.e. ways of doing something in particular in a regular and systematic way) or methodology (i.e. rules to determine the methods) can provide for delegated or implementing acts depending on the content and the context. Interinstitutional agreement : Members called on the Commission and the Council to enter into negotiation with the Parliament with a view to reaching an agreement on a set of criteria for the application of articles 290 and 291 TFEU listed in the resolution . These negotiations could take place within the framework of a revision of the interinstitutional agreement on Better Law Making, including the criteria set out. Parliament made the following recommendations: · the Commission must provide an explicit justification as to 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; · to strengthen the position of its rapporteurs in legislative negotiations, greater recourse should be had to the possibility of requesting an opinion from the Committee on Legal Affairs under Rule 37a of the Rules of Procedure; · all cases previously dealt with under regulatory procedure with scrutiny (RPS) should now be aligned to Article 290 TFEU; this procedure is expected to be finalised before the end of the current legislature; · 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; · the Commission must not misuse delegated acts in order to reopen discussions on matters agreed at political level in trilogues; the power to adopt delegated acts should preferably be conferred on the Commission only for a limited period of time ; · to enable the committees to monitor the use of delegated acts and implementing acts, the Commission should improve its transmission of documents related to delegated acts ; · Parliament should be regularly and in a timely manner associated with the preparatory phase of delegated acts ; the procedure for inviting Parliament's experts to meetings with national experts, if so requested by the responsible Parliamentary committee should be simplified; · the time between the transmission of final draft implementing acts and their adoption by the Commission is often too short to allow for adequate oversight by Parliament; the Commission, therefore, must fully respect the Parliament's right to scrutinise final draft implementing acts within a period of one month . Members recommended that, in each committee, permanent rapporteurs be appointed for delegated and implementing acts, guaranteeing coherence within the committee concerned and with other committees. Lastly, Parliament commented on specific subject-matters: Agriculture and fisheries : Parliament deplored the fact that the alignment dossiers on essential agricultural and fisheries legislation were blocked by the Council after the failure of negotiations in informal trilogues and Parliament's first reading. Development cooperation : since implementing acts are often based on prior consultations with third parties, Members stressed that earlier notification of and dialogue with Parliament would allow a more effective use of Parliament’s power of scrutiny. Economic and monetary affairs: given the technical expertise and specialist skills of the ESAs, delegated acts should take the form of RTS rather thanordinary delegated acts wherever possible. For certain legislative acts, Members considered that the period for scrutinising may be extended by a further month, given their volume and complexity.
  • date: 2014-02-25T00:00:00 type: End of procedure in Parliament body: EP
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  • body: EC dg: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat-General commissioner: ŠEFČOVIČ Maroš
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  • body: EP responsible: False committee: AGRI date: 2013-03-19T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DE CASTRO Paolo
  • body: EP responsible: False committee: DEVE date: 2013-05-08T00:00:00 committee_full: Development rapporteur: group: PPE name: MITCHELL Gay
  • body: EP responsible: False committee: ECON date: 2013-02-05T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: ALDE name: BOWLES Sharon
  • body: EP responsible: False committee: EMPL date: 2013-03-13T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: S&D name: BERÈS Pervenche
  • body: EP responsible: False committee: ENVI date: 2012-12-18T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: S&D name: GROOTE Matthias
  • body: EP responsible: False committee: ITRE date: 2012-12-17T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: PPE name: SARTORI Amalia
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  • body: EP responsible: False committee: LIBE date: 2013-01-31T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: FLAŠÍKOVÁ BEŇOVÁ Monika
  • body: EP responsible: False committee: PECH date: 2013-01-17T00:00:00 committee_full: Fisheries rapporteur: group: S&D name: SÁNCHEZ PRESEDO Antolín
  • body: EP responsible: False committee: TRAN date: 2012-12-17T00:00:00 2012-12-17T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: KUHN Werner group: S&D name: EL KHADRAOUI Saïd
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  • body: EP responsible: False committee: DEVE date: 2013-05-08T00:00:00 committee_full: Development rapporteur: group: EPP name: MITCHELL Gay
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  • body: EP responsible: False committee: PECH date: 2013-01-17T00:00:00 committee_full: Fisheries rapporteur: group: S&D name: SÁNCHEZ PRESEDO Antolín
  • body: EP responsible: False committee: TRAN date: 2012-12-17T00:00:00 2012-12-17T00:00:00 committee_full: Transport and Tourism rapporteur: group: EPP name: KUHN Werner group: S&D name: EL KHADRAOUI Saïd
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  • The Committee on Legal Affairs adopted an own-initiative report by József SZÁJER (EPP, HU) on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers.

    The Lisbon Treaty introduced the possibility for Parliament and the Council to delegate part of its own powers to the Commission in a legislative act. The adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated. The delegated power can only consist in supplementing or amending parts of a legislative act considered non-essential by the legislator.

    The delineation of delegated and implementing acts, and the correct and most appropriate choice of provisions to be included in the basic act, constitute issues which become an integral part of most negotiations on legislative proposals.

    That is why the report contained a number of practical proposals to safeguard Parliament’s prerogatives in order to ensure a sufficient level of democratic legitimacy for the delegated acts, taking into account the different positions taken by Parliament, the ‘horizontal approach’ endorsed by the Conference of Presidents and the regular screening exercises conducted by Parliament's services.

    Members called on the Commission and the Council to enter into negotiation with the Parliament with a view to reaching an agreement on a set of criteria for the application of articles 290 and 291 TFEU listed in the report. These negotiations could take place within the framework of a revision of the interinstitutional agreement on Better Law Making, including these criteria:

    The report made the following recommendations:

    • the Commission must provide an explicit justification as to 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;
    • to strengthen the position of its rapporteurs in legislative negotiations, greater recourse should be had to the possibility of requesting an opinion from the Committee on Legal Affairs under Rule 37a of the Rules of Procedure;
    • all cases previously dealt with under regulatory procedure with scrutiny (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 a basic act; this procedure is expected to be finalised before the end of the current legislature;
    • despite the fact that it can be a good solution in certain cases, Members did not support systematically keeping all policy elements in the basic act as this could, in due course, prevent recourse to Article 290 TFEU as a valuable means of rationalisation of the legislative process;
    • 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;
    • the Commission must not misuse delegated acts in order to reopen discussions on matters agreed at political level in trilogues; the power to adopt delegated acts should preferably be conferred on the Commission only for a limited period of time;
    • to enable the committees to monitor the use of delegated acts and implementing acts, the Commission should improve its transmission of documents related to delegated acts in order to ensure at least the same level of information and transparency as for the existing register of implementing acts and to guarantee a simultaneous flow of information to Parliament and to the Council as the legislator;
    • Parliament should be regularly and in a timely manner associated with the preparatory phase of delegated acts; it should be informed of the planned timetable, the scheduled meetings of expert groups and the content of envisaged delegated acts;
    • in the context of the preparation of delegated acts, the Commission must fully respect the Framework Agreement on relations between the European Parliament and the European Commission, inter alia by simplifying the procedure for inviting Parliament's experts to meetings with national experts, if so requested by the responsible Parliamentary committee;
    • the time between the transmission of final draft implementing acts and their adoption by the Commission is often too short to allow for adequate oversight by Parliament; the Commission, therefore, must fully respect the Parliament's right to scrutinise final draft implementing acts within a period of one month.

    Members recommended that, in each committee, permanent rapporteurs be appointed for delegated and implementing acts, guaranteeing coherence within the committee concerned and with other committees.

    Finally, the report commented on specific subject-matters:

    • Agriculture and fisheries: the report deplored the fact that the alignment dossiers on essential agricultural and fisheries legislation were blocked by the Council after the failure of negotiations in informal trilogues and Parliament's first reading.
    • Development cooperation: since implementing acts are often based on prior consultations with third parties, Members stressed that earlier notification of and dialogue with Parliament would allow a more effective use of Parliament’s power of scrutiny.
    • Economic and monetary affairs: given the technical expertise and specialist skills of the ESAs, delegated acts should take the form of RTS rather than ordinary delegated acts wherever possible. For certain legislative acts, Members considered that the period for scrutinising may be extended by a further month, given their volume and complexity.
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    • body: EC dg: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat General commissioner: ŠEFČOVIČ Maroš
    procedure
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    2012/2323(INI)
    title
    Follow-up on the delegation of legislative powers and the control by Member States of the Commission's exercise of implementing powers
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    Rules of Procedure of the European Parliament EP 048
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