BETA


2015/2326(INI) Monitoring the application of Union law. 2014 annual report

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI HAUTALA Heidi (icon: Verts/ALE Verts/ALE) KAUFMANN Sylvia-Yvonne (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR), MARINHO E PINTO António (icon: ALDE ALDE)
Committee Opinion INTA
Committee Opinion ECON TREMOSA I BALCELLS Ramon (icon: ALDE ALDE) Doru-Claudian FRUNZULICĂ (icon: S&D S&D), Michel REIMON (icon: Verts/ALE Verts/ALE), Kay SWINBURNE (icon: ECR ECR)
Committee Opinion EMPL KOZŁOWSKA Agnieszka (icon: PPE PPE) Amjad BASHIR (icon: ECR ECR), Jean LAMBERT (icon: Verts/ALE Verts/ALE), Paloma LÓPEZ BERMEJO (icon: GUE/NGL GUE/NGL), Siôn SIMON (icon: S&D S&D)
Committee Opinion ENVI
Committee Opinion ITRE
Committee Opinion IMCO
Committee Opinion AFCO ANNEMANS Gerolf (icon: ENF ENF)
Committee Opinion PETI WIKSTRÖM Cecilia (icon: ALDE ALDE) Pál CSÁKY (icon: PPE PPE), Notis MARIAS (icon: ECR ECR), Ángela VALLINA (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2016/10/06
   EP - Results of vote in Parliament
2016/10/06
   EP - Debate in Parliament
2016/10/06
   EP - Decision by Parliament
Details

The European Parliament adopted by 490 votes to 61, with 57 abstentions, a resolution following the annual report of 2014 on monitoring the application of Union law.

Members stressed the Commission’s essential role in overseeing the application of EU law. They called on the Commission to continue its active role in developing various tools to improve EU law implementation, in the Member States, and to provide data, in addition to that on the implementation of EU directives, on implementation of EU regulations in its next annual report.

Role of Parliament and stakeholders : while recalling that the role of monitoring and evaluation of the implementation of EU law lies with the Commission, Members acknowledged that Parliament also has a crucial role to play in this regard by exercising political oversight of the Commission’s enforcement actions. They suggested that it could contribute further to the timely and accurate transposition of EU legislation by sharing its expertise in the legislative decision-making process through pre-established links with national parliaments.

Parliament also stressed the important role of the social partners, civil society organisations and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States.

It appreciated the importance attributed in the Commission’s annual report to petitions submitted by citizens, businesses and civil society organisations.

Better enforcement : Parliament welcomed the fact that the new Interinstitutional Agreement on better law-making contains provisions that aim to improve the implementation and application of EU law and to encourage more structured cooperation in this respect. It supported the call, expressed in the agreement, for better identification of national measures that are not strictly related to Union legislation (a practice known as ‘gold plating’).

Members called on the European institutions to agree on more suitable timetables for the implementation of regulations and directives , whereby due account is taken of necessary scrutiny and consultation periods.

Candidate countries : Members felt that Parliament itself should play a stronger role in the analysis of how accession countries and countries with association agreements with the European Union comply with EU law, and provide those countries with suitable assistance. It is suggested that Parliament should draft proper reports, not simply resolutions, on all candidate countries in response to the annual progress reports released by the Commission.

More transparency : Parliament noted that the increase in the number of new EU Pilot files during the period under examination, and the decrease in the number of open infringement cases, show that the EU Pilot system has proved its usefulness, and has had a positive impact. It reiterated, however, that the enforcement of EU law is neither sufficiently transparent nor subject to any real control by the complainants and the interested parties. Members regretted that, despite repeated requests, Parliament still has inadequate access to information about the EU Pilot procedure and pending cases.

Pointing out that sincere cooperation between the Commission and Parliament is an obligation incumbent on them both, Parliament called for the Framework Agreement on Relations between the European Parliament and the European Commission to be revised so as to enable information about EU Pilot procedures to be supplied in the form of a (confidential) document to the parliamentary committee responsible.

In this context, the resolution also underlined that the Committee on Legal Affairs has set up a new Working Group on Administrative Law , which could be a source of inspiration for the Commission, to show that a regulation on the administrative procedure of the Union’s administration would be both useful and feasible to enact.

The Commission was asked to present a legislative proposal on a European law of administrative procedure and to make compliance with EU law a real political priority, to be pursued in close collaboration with Parliament.

Documents
2016/10/06
   EP - End of procedure in Parliament
2016/09/09
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the own-initiative report by Heidi HAUTALA (Greens/EFA, FI) following the annual report of 2014 on monitoring the application of Union law.

Members stressed the Commission’s essential role in overseeing the application of EU law. They called on the Commission to continue its active role in developing various tools to improve EU law implementation, in the Member States, and to provide data, in addition to that on the implementation of EU directives, on implementation of EU regulations in its next annual report.

Role of Parliament and stakeholders : while recalling that the role of monitoring and evaluation of the implementation of EU law lies with the Commission, Members acknowledged that Parliament also has a crucial role to play in this regard by exercising political oversight of the Commission’s enforcement actions. They suggested that it could contribute further to the timely and accurate transposition of EU legislation by sharing its expertise in the legislative decision-making process through pre-established links with national parliaments.

The report also stressed the important role of the social partners, civil society organisations and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States. It called on the European institutions to agree on more suitable timetables for the implementation of regulations and directives , whereby due account is taken of necessary scrutiny and consultation periods.

Candidate countries : Members felt that Parliament itself should play a stronger role in the analysis of how accession countries and countries with association agreements with the European Union comply with EU law, and provide those countries with suitable assistance.

More transparency : the report noted that the increase in the number of new EU Pilot files during the period under examination, and the decrease in the number of open infringement cases, show that the EU Pilot system has proved its usefulness, and has had a positive impact. It reiterated, however, that the enforcement of EU law is neither sufficiently transparent nor subject to any real control by the complainants and the interested parties. Members regretted that, despite repeated requests, Parliament still has inadequate access to information about the EU Pilot procedure and pending cases.

Pointing out that sincere cooperation between the Commission and Parliament is an obligation incumbent on them both, Members called for the Framework Agreement on Relations between the European Parliament and the European Commission to be revised so as to enable information about EU Pilot procedures to be supplied in the form of a (confidential) document to the parliamentary committee responsible.

In this context, the report also underlined that the Committee on Legal Affairs has set up a new Working Group on Administrative Law , which could be a source of inspiration for the Commission, to show that a regulation on the administrative procedure of the Union’s administration would be both useful and feasible to enact.

The Commission was asked to present a legislative proposal on a European law of administrative procedure and to make compliance with EU law a real political priority, to be pursued in close collaboration with Parliament.

Documents
2016/09/05
   EP - Vote in committee
2016/04/28
   EP - Committee opinion
Documents
2016/04/22
   EP - Committee opinion
Documents
2016/04/20
   EP - ANNEMANS Gerolf (ENF) appointed as rapporteur in AFCO
2016/04/05
   EP - Amendments tabled in committee
Documents
2016/02/25
   EP - Committee draft report
Documents
2016/02/18
   EP - Committee opinion
Documents
2015/12/17
   EP - TREMOSA I BALCELLS Ramon (ALDE) appointed as rapporteur in ECON
2015/12/03
   EP - WIKSTRÖM Cecilia (ALDE) appointed as rapporteur in PETI
2015/11/26
   EP - Committee referral announced in Parliament
2015/09/17
   EP - KOZŁOWSKA Agnieszka (PPE) appointed as rapporteur in EMPL
2015/09/15
   EP - HAUTALA Heidi (Verts/ALE) appointed as rapporteur in JURI
2015/07/09
   EC - Non-legislative basic document published
Details

PURPOSE: to present the 2014 annual report on monitoring the application of Union law.

CONTENT: this annual report from the Commission reviews the Member States’ performance on key aspects of the application of EU law and highlights the main enforcement policy developments of 2014.

Detecting and resolving problems : before infringement proceedings are started, the Commission first opens bilateral discussions with the Member State concerned via EU Pilot (a Commission initiative aimed at asking Member States to answer questions and to find solutions to problems related to the application of EU law):

777 EU Pilot investigations were launched in 2014 (in 2013, 1023 were started). Environment, energy, and mobility/transport were the three policy areas with the most potential infringements. 3715 new complaints were registered in 2014. The Member States primarily concerned were Italy, Spain and Germany. By way of petitions and questions, in 2014 the European Parliament alerted the Commission to shortcomings in the way Member States implement and apply EU law. These include the fields of environment, transport, health and consumers and taxation. In 2014, the number fell back to its 2011 level : 1208 new files were opened (a fall of approximately 20%). Of the 1336 processed EU Pilot files in 2014, the Commission closed 996. This is a 75% resolution rate for the Member States, up from 70% in 2013.

Infringement procedure

Pre-litigation phase : in 2014, the Commission launched 893 new procedures by sending a letter of formal notice. The overall decrease in the number of formal infringement procedures in the last five years (from nearly 2900 to 1347) reflects the effectiveness of structured dialogue via the EU Pilot in resolving potential infringements quickly, to the benefit of people and businesses. Statistics confirm that Member States make serious efforts to settle their infringements before the Court hands down its ruling. Referrals to the Court of Justice : the Court delivered 38 judgments under Article 258 TFEU in 2014, of which 35 (92%) were in favour of the Commission. Environment (10), taxation (8) and enterprise and industry (5) were the subject of the most judgments delivered by the Court during 2014. Member States frequently take the necessary measures to comply with the judgment of the Court promptly.

In the coming year, the Commission aims to strengthen cooperation with Member States to prevent infringements from arising and speed up correction of breaches of EU law where necessary.

Transposition of directives : late transposition of directives by Member States remains a persistent problem. Combating late transposition is therefore a long-established priority for the Commission.

There were fewer directives to transpose in 2014 than in the previous year i.e. 67 compared with 74 in 2013) but more than in 2012 (56). However, there was a significant increase in new late transposition infringements in 2014 compared with the previous year: 585 new late transposition infringements were launched in 2014 compared with 478 in 2013.

The rising number of infringements relating to late transposition shows that prompt transposition continues to be a challenge in numerous Member States and requires an effective response by the Commission. Timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States.

Once directives are adopted, the Commission will use the period before the transposition deadline expires to focus on providing assistance to Member States on implementation. After the transposition deadline expires, the Commission will strengthen enforcement of EU law based on structured and systematic transposition and conformity checks of national legislation.

Policy developments : in 2014, the Commission continued its efforts to inform people better about their rights under EU law and to ensure that they find suitable mechanisms of redress, if they consider these rights have been breached. These efforts focused on providing better access to information on the application of EU law, on problem-solving instruments (such as SOLVIT) for EU citizens and businesses in Member States and on improving the handling of complaints from EU citizens and businesses about breaches of EU law.

The Commission also provides implementation plans to make it easier to apply the Union law effectively and on time, while fully recognising that applying the Union law is the responsibility of Member States. The implementation plans are drafted at an early stage when drafting new legislation.

Better Regulation Agenda : the Commission will focus on ensuring the clarity, operability and enforceability of EU legislation. This objective cannot be achieved without an active contribution from all parties involved in the EU’s legislative process. Increased attention will be paid to aspects of implementation, management and enforcement, both when the Commission drafts proposals and throughout the legislative process.

Lastly, with its Regulatory Fitness and Performance Programme (REFIT), and Communication of June 2014 , the Commission set out an ambitious agenda with almost 200 individual actions to simplify and reduce the regulatory burden, repeal existing regulation and withdraw proposals for new regulation.

Documents

Activities

Votes

A8-0262/2016 - Heidi Hautala - § 8/1 #

2016/10/06 Outcome: +: 595, -: 11, 0: 7
DE FR IT GB ES PL RO AT PT CZ BE HU NL BG SE SK FI DK HR EL LT IE SI LU LV MT EE CY
Total
81
62
61
48
45
46
24
18
17
16
18
16
21
14
15
13
10
10
9
18
8
8
8
6
6
6
3
5
icon: PPE PPE
177

Finland PPE

1

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
160

Czechia S&D

3

Hungary S&D

2

Netherlands S&D

2

Bulgaria S&D

2

Croatia S&D

2

Lithuania S&D

1

Ireland S&D

For (1)

1

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1

Luxembourg S&D

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1

Malta S&D

3

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62

United Kingdom ALDE

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A8-0262/2016 - Heidi Hautala - § 8/2 #

2016/10/06 Outcome: +: 500, 0: 56, -: 53
DE IT ES FR PL RO NL BE SE HU BG CZ PT AT EL SK LT IE FI HR DK SI GB LU MT LV CY EE
Total
80
60
45
62
45
24
21
18
15
16
14
16
17
18
18
13
8
8
10
9
10
8
47
6
6
6
5
3
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177

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1

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3

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158

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2

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A8-0262/2016 - Heidi Hautala - § 8/3 #

2016/10/06 Outcome: +: 513, 0: 51, -: 41
DE IT ES FR PL RO NL AT PT BE SE HU BG CZ EL SK GB IE FI HR SI LT DK LU MT LV CY EE
Total
78
61
45
62
46
23
21
18
16
18
15
15
14
16
18
13
48
8
10
9
8
7
9
6
6
6
5
3
icon: PPE PPE
176

Finland PPE

1

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3

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2

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2

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35

France EFDD

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Germany ENF

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1

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1

A8-0262/2016 - Heidi Hautala - § 10 #

2016/10/06 Outcome: +: 464, 0: 78, -: 70
DE IT ES FR RO PL CZ BE HU BG NL SE AT SK PT LT FI HR SI GB IE DK LU MT LV CY EE EL
Total
81
61
45
63
24
46
16
18
17
13
21
14
18
13
17
8
10
9
8
48
8
9
6
6
6
5
3
18
icon: PPE PPE
177

Finland PPE

1

Denmark PPE

For (1)

1

Luxembourg PPE

3

Cyprus PPE

1

Estonia PPE

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1
icon: S&D S&D
159

Czechia S&D

3

Hungary S&D

2

Bulgaria S&D

2

Netherlands S&D

2

Lithuania S&D

1

Croatia S&D

2

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1

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1

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3

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icon: ALDE ALDE
61

Romania ALDE

2

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1

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3

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1

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icon: Verts/ALE Verts/ALE
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1

Portugal GUE/NGL

Abstain (1)

4

Finland GUE/NGL

For (1)

1

United Kingdom GUE/NGL

Abstain (1)

1

Ireland GUE/NGL

Abstain (1)

2

Cyprus GUE/NGL

2
icon: NI NI
13

Germany NI

2

France NI

Against (1)

Abstain (1)

2

Poland NI

Against (1)

1
3

United Kingdom NI

Abstain (1)

1
icon: ENF ENF
31

Germany ENF

Against (1)

1

Romania ENF

Abstain (1)

1

Poland ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

3

Austria ENF

Abstain (1)

4

A8-0262/2016 - Heidi Hautala - Résolution #

2016/10/06 Outcome: +: 490, -: 61, 0: 57
DE IT ES FR RO PL BE AT BG NL SE GB PT SK HU CZ FI LT IE HR SI DK EL LU MT LV CY EE
Total
80
61
45
63
24
46
18
18
14
20
15
46
17
13
17
16
10
8
8
9
8
9
17
6
6
6
5
2
icon: PPE PPE
177

Finland PPE

1

Denmark PPE

For (1)

1

Luxembourg PPE

3

Cyprus PPE

1

Estonia PPE

For (1)

1
icon: S&D S&D
159

Bulgaria S&D

2

Netherlands S&D

2

Hungary S&D

2

Czechia S&D

3

Lithuania S&D

1

Ireland S&D

For (1)

1

Croatia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Cyprus S&D

2
icon: ALDE ALDE
61

Romania ALDE

2

Austria ALDE

For (1)

1

United Kingdom ALDE

1

Ireland ALDE

For (1)

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Denmark ALDE

2

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
38

France Verts/ALE

4

Belgium Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

1

Sweden Verts/ALE

2

United Kingdom Verts/ALE

3

Hungary Verts/ALE

2

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1
icon: GUE/NGL GUE/NGL
45

Netherlands GUE/NGL

2

Sweden GUE/NGL

Abstain (1)

1

United Kingdom GUE/NGL

1

Portugal GUE/NGL

For (1)

4

Czechia GUE/NGL

1

Finland GUE/NGL

For (1)

1

Ireland GUE/NGL

2

Cyprus GUE/NGL

2
icon: EFDD EFDD
33

France EFDD

1

Poland EFDD

1

Sweden EFDD

Abstain (1)

1

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
icon: ECR ECR
50

Italy ECR

Abstain (1)

1

Romania ECR

For (1)

1

Belgium ECR

2

Bulgaria ECR

For (1)

Abstain (1)

2

Netherlands ECR

Abstain (1)

1

Slovakia ECR

3

Czechia ECR

2

Finland ECR

Abstain (1)

2

Croatia ECR

Abstain (1)

1

Denmark ECR

2

Greece ECR

For (1)

1

Latvia ECR

Abstain (1)

1
icon: NI NI
13

Germany NI

Against (1)

2

France NI

Against (1)

2

Poland NI

Against (1)

1

United Kingdom NI

Abstain (1)

1
3
icon: ENF ENF
31

Germany ENF

Against (1)

1

Romania ENF

Abstain (1)

1

Poland ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

3
AmendmentsDossier
272 2015/2326(INI)
2015/12/10 EMPL 66 amendments...
source: 573.080
2016/02/15 EMPL 8 amendments...
source: 575.124
2016/03/04 PETI 39 amendments...