Next event: Commission response to text adopted in plenary 2018/11/16 more...
- Results of vote in Parliament 2018/05/30
- Decision by Parliament 2018/05/30
- End of procedure in Parliament 2018/05/30
- Debate in Parliament 2018/05/28
- Committee report tabled for plenary 2018/05/15
- Vote in committee 2018/04/25
- Committee opinion 2018/03/28
- Committee opinion 2018/03/21
- Committee opinion 2018/02/21
- Committee draft report 2018/01/23
- Committee opinion 2017/11/24
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Committee Opinion | INTA | BENDTSEN Bendt ( PPE) | Emma McCLARKIN ( ECR), Marietje SCHAAKE ( ALDE) |
Committee Opinion | ECON | GUALTIERI Roberto ( S&D) | Ashley FOX ( ECR), Ramon TREMOSA i BALCELLS ( ALDE) |
Committee Opinion | EMPL | MCINTYRE Anthea ( ECR) | Jean LAMBERT ( Verts/ALE), Dominique MARTIN ( ENF), Gabriele ZIMMER ( GUE/NGL) |
Committee Opinion | ENVI | VĂLEAN Adina-Ioana ( PPE) | Jo LEINEN ( S&D) |
Committee Opinion | PETI | MARIAS Notis ( ECR) | Alberto CIRIO ( PPE), Laurenţiu REBEGA ( ENF) |
Lead committee dossier:
Legal Basis:
RoP 54, RoP 58
Legal Basis:
RoP 54, RoP 58Events
The European Parliament adopted by 497 votes to 76, with 111 abstentions, a resolution on the interpretation and implementation of the Interinstitutional Agreement on better law-making.
Members welcomed the progress made during the first year and a half of implementation of the new Interinstitutional Agreement which entered into force on 13 April 2016. They called for further steps to be taken to fully implement the agreement, the objective of which is to establish more open and transparent relations between the three institutions with a view to delivering high-quality legislation in the interest of EU citizens.
Programming : Parliament welcomed the three Institutions’ agreement to reinforce the Union’s annual and multiannual programming by means of a more structured procedure with a precise timeline. It considered that priority treatment for certain legislative files agreed upon in joint declarations should not be used to exert undue pressure on the colegislators and that greater speed should not be prioritised at the expense of legislative quality.
The Commission should present more inclusive, more detailed and more reliable Work Programmes and impact assessments should always encompass a thorough and rigorous analysis of the compliance of a proposal with the principles of subsidiarity and proportionality and specify its European added value . Parliament encouraged developing efficient legislation geared to developing employment protection and European competitiveness with a particular focus on small and medium-sized enterprises, across all sectors of the economy.
Members considered it essential that parliamentary committees are fully consulted throughout the joint declaration preparation and implementation process and stressed the importance of transparent cooperation in good faith between Parliament, the Council and the Commission. In this regard, it reminded the Commission of its obligation to respond promptly to legislative and non-legislative own initiative reports.
Tools for better law-making : Parliament underlined that impact assessments may inform but must never be a substitute for political decisions or cause undue delays to the legislative process. Particular attention must be paid to the potential impacts on those stakeholders who have least opportunity to present their concerns to decision-makers, including SMEs, civil society, trade unions and others who do not have the advantage of easy access to the Institutions. They must pay equal attention to the evaluation of social, health and environmental consequences in particular, and that the impact on the fundamental rights of citizens and on equality between women and men must be assessed.
Members recalled that the independence, transparency and objectiveness of the Regulatory Scrutiny Board and its work must be safeguarded and that the members of the Board should not be subjected to any political control. All of the Board’s opinions, including negative ones, shall be made public. In addition, the Commission should clarify how it intends to assess the cost of non-Europe , including the cost to producers, consumers, workers, administrations and the environment of the lack of harmonised legislation at EU level.
All parliamentary committees should review Commission impact assessments and the Parliament’s ex-ante impact assessment analysis as early as possible in the legislative process.
As regards legislative instruments , Members stressed the need for consistency between the explanatory memorandum and the impact assessment related to the same proposal. They stressed that the choice of the legal basis for a Commission proposal should be based on objective grounds subject to judicial review. However, Parliament, as co-legislator, should be able to amend the legal basis on the basis of its interpretation of the Treaties.
Delegated and implementing acts : Members reiterated that it is the competence of the legislator to decide, within the limits of the Treaties, and in the light of the case law of the Court of Justice of the European Union, whether and to what extent to use delegated acts and whether and to what extent to use implementing acts. They welcomed the Commission’s effort to comply with the deadline for proposing the alignment of all basic acts which still refer to the regulatory procedure with scrutiny (RPS). However, they expressed concern that the Council is trying almost systematically to replace delegated acts with implementing acts.
Members recalled that politically significant elements, such as Union lists or registers of products or substances, should remain an integral part of a basic act and should therefore only be amended by means of delegated acts.
Transparency and coordination of the legislative process : Members called on the Commission to make available and, when feasible, public, all relevant documents relating to legislative proposals, including non-papers, to both legislators at the same time. The flow of information from the Council should also be improved. The Council, as a general rule, hold all its meetings in public, as does the European Parliament.
Parliament proposed that the Council meets Parliament at least once during the consultation procedure to allow Parliament to present and explain the reasons for the approved amendments, and the Council to state its position on each of them.
The three EU institutions are reminded that further progress is needed in establishing a dedicated joint database on the state of play of legislative files.
Members called on the other institutions to comply with the Treaties and regulations and to observe the relevant jurisprudence in order to ensure that Parliament is immediately, fully and accurately informed during the whole life-cycle of international agreements , without undermining the EU’s negotiation position, and is accurately informed and involved in the implementation stage of the agreements.
Implementation and application of EU law : when the Member States, in the context of transposing directives into national law, choose to add elements that are in no way related to that Union legislation, such additions should be made identifiable either through the transposing act(s) or through associated documents. In order to reduce the problems related to ‘gold-plating’ , the three Institutions should commit to adopting EU legislation which is clear and easily transposable.
Simplification : Members welcomed the commitment for a more frequent use of the legislative technique of recasting . They considered that this technique should constitute the ordinary legislative technique as an invaluable tool to achieve simplification. However, in the event of a complete policy overhaul, the Commission should, instead of using the recasting technique, put forward a proposal for an entirely new legal act repealing existing legislation, so that the co-legislators can engage in broad and effective political discussions and see their prerogatives as enshrined in the Treaties fully preserved.
Parliament also stressed that the reduction of administrative burdens does not necessarily mean deregulation and that, in any event, it must not compromise fundamental rights and environmental, social, labour, health and safety, consumer protection, gender-equality or animal welfare standards.
The Committee on Legal Affairs, together with the Committee on Constitutional Affairs, adopted an own-initiative report prepared by Pavel SVOBODA (EPP, CZ) and Richard CORBETT (S&D, UK) on the interpretation and implementation of the Interinstitutional Agreement on better law-making.
Members welcomed the progress achieved and the experience gained in the first year and a half of the application of the new Interinstitutional Agreement which entered into force on 13 April 2016 and encouraged the Institutions to undertake further efforts to fully implement the agreement, which is an interinstitutional exercise to improve the quality of EU legislation.
Programming : Members welcomed the three Institutions’ agreement to reinforce the Union’s annual and multiannual programming by means of a more structured procedure with a precise timeline. They considered that priority treatment for certain legislative files agreed upon in joint declarations should not be used to exert undue pressure on the colegislators and that greater speed should not be prioritised at the expense of legislative quality.
Members called on the Commission to present more inclusive, more detailed and more reliable Work Programmes and impact assessments should always encompass a thorough and rigorous analysis of the compliance of a proposal with the principles of subsidiarity and proportionality and specify its European added value. They encouraged developing efficient legislation geared to developing employment protection and European competitiveness with a particular focus on small and medium-sized enterprises, across all sectors of the economy.
Members considered it essential that parliamentary committees are fully consulted throughout the joint declaration preparation and implementation process.
Tools for better law-making : the report underlined that impact assessments may inform but must never be a substitute for political decisions or cause undue delays to the legislative process. Particular attention must be paid to the potential impacts on those stakeholders who have least opportunity to present their concerns to decision-makers, including SMEs, civil society, trade unions and others who do not have the advantage of easy access to the Institutions. Members considered that impact assessments must pay equal attention to the evaluation of social, health and environmental consequences in particular, and that the impact on the fundamental rights of citizens and on equality between women and men must be assessed.
Members recalled that the independence, transparency and objectiveness of the Regulatory Scrutiny Board and its work must be safeguarded and that the members of the Board should not be subjected to any political control. All of the Board’s opinions, including negative ones, shall be made public. In addition, the Commission should clarify how it intends to assess the cost of non-Europe , including the cost to producers, consumers, workers, administrations and the environment of the lack of harmonised legislation at EU level.
Better regulation tools : the report stressed that impact assessments should never replace political decisions or delay the legislative process. They should pay particular attention to the potential effects on stakeholders, including SMEs, civil society, trade unions and others who do not have easy access to institutions. They should pay equal attention to the assessment of social, health and environmental consequences, in particular, and assess the impact on the fundamental rights of citizens and on equality between men and women.
Members reiterated the need to protect the independence, transparency and objectivity of the regulatory review committee and its work, and that its members should not be subject to political control. All opinions of the Committee, including negative assessments, should be made public. In addition, the Commission should clarify how it intends to assess the cost of non-Europe, including the cost to producers, consumers, workers, administrations and the environment of the lack of harmonised legislation at EU level.
Delegated and implementing acts : Members reiterated that it is the competence of the legislator to decide, within the limits of the Treaties, and in the light of the case law of the Court of Justice of the European Union, whether and to what extent to use delegated acts and whether and to what extent to use implementing acts. They welcomed the Commission’s effort to comply with the deadline for proposing the alignment of all basic acts which still refer to the regulatory procedure with scrutiny (RPS).
However, they expressed concern that the Council is trying almost systematically to replace delegated acts with implementing acts.
Members recalled that politically significant elements, such as Union lists or registers of products or substances, should remain an integral part of a basic act and should therefore only be amended by means of delegated acts.
Transparency and coordination of the legislative process : Members called on the Commission to make available and, when feasible, public, all relevant documents relating to legislative proposals, including non-papers, to both legislators at the same time. The flow of information from the Council should also be improved.
The Council should, as a general rule, hold all its meetings in public, as does the European Parliament.
The report proposed that the Council meets Parliament at least once during the consultation procedure to allow Parliament to present and explain the reasons for the approved amendments, and the Council to state its position on each of them.
The three EU institutions are reminded that further progress is needed in establishing a dedicated joint database on the state of play of legislative files.
Members called on the other institutions to comply with the Treaties and regulations and to observe the relevant jurisprudence in order to ensure that Parliament is immediately, fully and accurately informed during the whole life-cycle of international agreements , without undermining the EU’s negotiation position, and is accurately informed and involved in the implementation stage of the agreements. They also called for the establishment and formalisation of a financial dialogue on the adoption and coherence of European positions in the run-up to major international negotiations.
Implementation and application of EU law : the report underlined the importance of the principle that when the Member States, in the context of transposing directives into national law, choose to add elements that are in no way related to that Union legislation, such additions should be made identifiable either through the transposing act(s) or through associated documents. In order to reduce the problems related to ‘gold-plating’ , the three Institutions should commit to adopting EU legislation which is clear and easily transposable.
Simplification : Members welcomed the commitment for a more frequent use of the legislative technique of recasting . They considered that this technique should constitute the ordinary legislative technique as an invaluable tool to achieve simplification.
However, in the event of a complete policy overhaul, the Commission should, instead of using the recasting technique, put forward a proposal for an entirely new legal act repealing existing legislation, so that the co-legislators can engage in broad and effective political discussions and see their prerogatives as enshrined in the Treaties fully preserved.
Members also stressed that the reduction of administrative burdens does not necessarily mean deregulation and that, in any event, it must not compromise fundamental rights and environmental, social, labour, health and safety, consumer protection, gender-equality or animal welfare standards.
Documents
- Commission response to text adopted in plenary: SP(2018)515
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0225/2018
- Committee report tabled for plenary: A8-0170/2018
- Committee opinion: PE613.586
- Committee opinion: PE615.308
- Committee opinion: PE615.264
- Committee draft report: PE615.497
- Committee opinion: PE609.658
- Committee opinion: PE582.235
- Committee opinion: PE582.235
- Committee opinion: PE609.658
- Committee draft report: PE615.497
- Committee opinion: PE615.264
- Committee opinion: PE615.308
- Committee opinion: PE613.586
- Commission response to text adopted in plenary: SP(2018)515
Activities
- Pavel SVOBODA
Plenary Speeches (2)
- Andrejs MAMIKINS
- Notis MARIAS
Plenary Speeches (1)
- Adam SZEJNFELD
Amendments | Dossier |
28 |
2016/2018(INI)
2016/11/22
PETI
28 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1.
Amendment 10 #
Draft opinion Paragraph 3 3. Emphasises the importance of developing and further advancing Parliament’s role as co-legislator and of ensuring equality with respect to the Council, as well as enhancing its role as a supervisory body of all EU institutions;
Amendment 11 #
Draft opinion Paragraph 3 a (new) 3 a. Stresses that when it comes to its application, an effective EU legislation must aim at ensuring that the procedures established therein match the underlying purpose of the piece of legislation itself, and particularly the ultimate goal of protecting the environment when it comes to ensuring a high degree of environmental protection
Amendment 12 #
Draft opinion Paragraph 4 4. Recalls the numerous petitions received on the economic and social crisis in the European Union and believes that priority should be given to legislative initiatives
Amendment 13 #
Draft opinion Paragraph 4 4. Recalls the numerous petitions received on the economic and social crisis in the European Union and believes that
Amendment 14 #
Draft opinion Paragraph 4 a (new) 4 a. Acknowledges the importance of the work within the committee on Petitions in assessing the quality of the EU law-making when it comes to its actual implementation, and as a source for improving legislative texts and procedures; notes in this regard the importance of a faithful inter-institutional cooperation with the European Commission when it comes to ensuring a proper examination of the petitions;
Amendment 15 #
Draft opinion Paragraph 5 5. Encourages the development of
Amendment 16 #
Draft opinion Paragraph 5 5. Encourages the development of
Amendment 17 #
Draft opinion Paragraph 5 5. Encourages the development of an efficient legislation geared to developing employment protection and European competitiveness
Amendment 18 #
Draft opinion Paragraph 5 a (new) 5 a. Opposes any legislative initiative or legal framework put in place with the participation of any EU institution that can lead to an actual precarisation of the labour market, risks putting a greater amount of people effectively under the poverty threshold or undermines fundamental rights enshrined in the EU Charter;
Amendment 19 #
Draft opinion Paragraph 6 6. States that impact assessments of new legislative proposals should systematically take account of the actual effects, including in the short term, on
Amendment 2 #
Draft opinion Paragraph 1 1. Welcomes the fact that the Commission has set itself the goal of better regulation as a priority for this term and affirms the need to create clear, simple, effective and socially and environmentally balanced EU legislation which will consequently be easy to transpose and implement;
Amendment 20 #
Draft opinion Paragraph 6 6. States that impact assessments of new legislative proposals should systematically take account of the actual effects, including in the short term, on employment and social inclusion in the European Union Member States and include an SME test case;
Amendment 21 #
Draft opinion Paragraph 6 6. States that impact assessments of new legislative proposals should systematically take account of the actual effects, including in the short term, on employment
Amendment 22 #
Draft opinion Paragraph 6 a (new) 6 a. Calls for a greater consultation with social partners at an early stage, and a greater involvement of the European Economic and Social Committee and the Committee of the Regions, and due account to be taken of their concerns;
Amendment 23 #
Draft opinion Paragraph 7 7. Observes that the adoption of systematic impact assessments must not lead to a de-politicisation of the legislative process, thereby affecting Parliament
Amendment 24 #
7a. Stresses that, in the light of the objective of ensuring full transparency in the decision-making process and the highest levels of social justice, consultations and impact assessments should principally aim to involve the public and civil society organisations fully and as prime movers, and must promote the adoption of legislation which guarantees full protection for citizens' fundamental rights and the environment; considers that consultations and impact assessments must form part of a wider process of democratisation which leads to the direct participation of the public at all stages in the EU decision-making process;
Amendment 25 #
Draft opinion Paragraph 8 Amendment 26 #
Draft opinion Paragraph 8 8. Believes that the
Amendment 27 #
Draft opinion Paragraph 8 8.
Amendment 28 #
Draft opinion Paragraph 9 9.
Amendment 3 #
Draft opinion Paragraph 1 a (new) 1a. Emphasises that taking more effective account of the subsidiarity principle is also fundamental to the drafting of clear, simple, socially balanced legislation; calls on the Commission and the Regulatory Scrutiny Board to put forward proposals for the more stringent application of the subsidiarity principle;
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1 a. Stresses that the notion of Better Law-Making can by no means be understood in a way that leads to less regulation, but rather as a way to ensuring the drafting of robust legislation which minimises loopholes and ensures a smoother transposition and enforcement by Member States;
Amendment 5 #
Draft opinion Paragraph 1 b (new) Amendment 6 #
Draft opinion Paragraph 2 2. Considers that further development of the transparency of the
Amendment 7 #
Draft opinion Paragraph 2 2.
Amendment 8 #
Draft opinion Paragraph 2 2. Considers that further development of the transparency of the negotiations process, especially as regards the Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic and Trade Agreement (CETA), as well as of the legislative process and enhanced scrutiny of existing legislation must be the guiding principles of the implementation of the Interinstitutional Agreement on Better Regulation;
Amendment 9 #
Draft opinion Paragraph 2 a (new) 2 a. Stresses that the negotiations regarding a withdrawal agreement in accordance with Article 50 of the Treaty on European Union are conducted at an interinstitutional basis; recalls that Article 50 only clarifies on the participation of Members of the European Council or of the Council; highlights that Members of the European Parliament of a withdrawing Member State are not prevented from participating in European Parliament and committee debates and voting; calls on the need to enhance transparency with regards to withdrawal negotiations both on European Parliament as well as interinstitutional basis;
source: 594.137
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2016-01-14T00:00:00New
|
activities/0/committees/3/rapporteur/0 |
|
committees/0/date |
Old
2016-01-14T00:00:00New
|
committees/0/rapporteur/0 |
|
committees/3/date |
Old
2016-01-14T00:00:00New
|
committees/3/rapporteur/0 |
|
activities/0 |
|
procedure/dossier_of_the_committee |
CJ22/8/05637
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
activities |
|
committees |
|
links |
|
other |
|
procedure |
|