Next event: Results of vote in Parliament 2014/02/25 more...
- Decision by Parliament, 1st reading/single reading 2014/02/25
- End of procedure in Parliament 2014/02/25
- Debate in Parliament 2014/02/24
- Committee report tabled for plenary, single reading 2013/12/04
- Vote in committee, 1st reading/single reading 2013/11/26
- Committee opinion 2013/11/25
- Committee opinion 2013/11/25
- Committee opinion 2013/10/11
- Amendments tabled in committee 2013/10/01
- Committee opinion 2013/09/26
- Committee opinion 2013/09/24
- Committee opinion 2013/09/23
- Committee opinion 2013/09/10
- Committee opinion 2013/09/06
- Committee draft report 2013/07/22
- Committee opinion 2013/05/30
- MITCHELL Gay (PPE) appointed as rapporteur in DEVE 2013/05/08
- DE CASTRO Paolo (S&D) appointed as rapporteur in AGRI 2013/03/19
- BERÈS Pervenche (S&D) appointed as rapporteur in EMPL 2013/03/13
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | SZÁJER József ( PPE) | RAPKAY Bernhard ( S&D), THEIN Alexandra ( ALDE), LICHTENBERGER Eva ( Verts/ALE), KARIM Sajjad ( ECR), MAŠTÁLKA Jiří ( GUE/NGL), SPERONI Francesco Enrico ( EFD), STOYANOV Dimitar ( NA) |
Committee Opinion | AFCO | ||
Committee Opinion | DEVE | MITCHELL Gay ( PPE) | |
Committee Opinion | PECH | SÁNCHEZ PRESEDO Antolín ( S&D) | Alain CADEC ( PPE) |
Committee Opinion | AGRI | DE CASTRO Paolo ( S&D) | |
Committee Opinion | ENVI | GROOTE Matthias ( S&D) | |
Committee Opinion | TRAN | KUHN Werner ( PPE), EL KHADRAOUI Saïd ( S&D) | Gesine MEISSNER ( ALDE) |
Committee Opinion | ITRE | SARTORI Amalia ( PPE) | Sajjad KARIM ( ECR), Claude TURMES ( Verts/ALE) |
Committee Opinion | ECON | BOWLES Sharon ( ALDE) | Nikolaos CHOUNTIS ( GUE/NGL), Werner LANGEN ( PPE), Kay SWINBURNE ( ECR) |
Committee Opinion | LIBE | BEŇOVÁ Monika ( S&D) | |
Committee Opinion | EMPL | BERÈS Pervenche ( S&D) | Thomas HÄNDEL ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
RoP 052
Legal Basis:
RoP 052Subjects
Events
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.
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
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0127/2014
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A7-0435/2013
- Committee opinion: PE506.206
- Committee opinion: PE508.273
- Committee opinion: PE514.604
- Amendments tabled in committee: PE519.797
- Committee opinion: PE513.045
- Committee opinion: PE510.865
- Committee opinion: PE513.388
- Committee opinion: PE510.583
- Committee opinion: PE513.025
- Committee draft report: PE510.803
- Committee opinion: PE507.927
- Committee opinion: PE507.927
- Committee draft report: PE510.803
- Committee opinion: PE513.025
- Committee opinion: PE510.583
- Committee opinion: PE513.388
- Committee opinion: PE510.865
- Committee opinion: PE513.045
- Amendments tabled in committee: PE519.797
- Committee opinion: PE514.604
- Committee opinion: PE506.206
- Committee opinion: PE508.273
Activities
- Elena BĂSESCU
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activities/3/type |
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Indicative plenary sitting date, 1st reading/single readingNew
Debate in plenary scheduled |
activities/3/date |
Old
2014-04-14T00:00:00New
2014-02-26T00:00:00 |
activities/3/date |
Old
2014-02-25T00:00:00New
2014-04-14T00:00:00 |
activities/1 |
|
activities/3/docs/0/text |
|
activities/4/date |
Old
2014-02-04T00:00:00New
2014-02-25T00:00:00 |
activities/4/date |
Old
2014-01-14T00:00:00New
2014-02-04T00:00:00 |
activities/3/docs |
|
activities/3/date |
Old
2013-10-01T00:00:00New
2013-12-04T00:00:00 |
activities/3/docs |
|
activities/3/type |
Old
Amendments tabled in committeeNew
Committee report tabled for plenary, single reading |
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/3 |
|
procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 138
|
activities/3/date |
Old
2013-12-09T00:00:00New
2014-01-14T00:00:00 |
activities/0/committees/7/shadows |
|
committees/7/shadows |
|
activities/2/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE519.797
|
activities/2 |
|
activities/3/date |
Old
2013-11-18T00:00:00New
2013-12-09T00:00:00 |
activities/1/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.803
|
activities/1 |
|
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting committee decision |
activities/0/committees/2/date |
2013-05-08T00:00:00
|
activities/0/committees/2/rapporteur |
|
committees/2/date |
2013-05-08T00:00:00
|
committees/2/rapporteur |
|
activities/0/committees/4/date |
2013-03-13T00:00:00
|
activities/0/committees/4/rapporteur |
|
committees/4/date |
2013-03-13T00:00:00
|
committees/4/rapporteur |
|
procedure/subject/1 |
Old
8.50.01 Implementation of Community lawNew
8.50.01 Implementation of EU law |
activities/0/committees/4 |
|
committees/4 |
|
activities/0/committees/1/date |
2013-03-19T00:00:00
|
activities/0/committees/1/rapporteur |
|
committees/1/date |
2013-03-19T00:00:00
|
committees/1/rapporteur |
|
activities/0/committees/1 |
|
committees/1 |
|
activities/1/date |
Old
2013-07-01T00:00:00New
2013-11-18T00:00:00 |
activities/1 |
|
activities/0/committees/2 |
|
committees/2 |
|
activities/0/committees/5/date |
2013-01-31T00:00:00
|
activities/0/committees/5/rapporteur |
|
committees/5/date |
2013-01-31T00:00:00
|
committees/5/rapporteur |
|
activities/0/committees/7/date |
|
activities/0/committees/7/rapporteur |
|
committees/7/date |
|
committees/7/rapporteur |
|
activities/0/committees/3/date |
2012-12-17T00:00:00
|
activities/0/committees/3/rapporteur |
|
committees/3/date |
2012-12-17T00:00:00
|
committees/3/rapporteur |
|
activities/0 |
|
procedure/dossier_of_the_committee |
JURI/7/11460
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities |
|
committees |
|
links |
|
other |
|
procedure |
|