BETA


2017/0035(COD) Mechanisms for control by Member States of the Commission’s exercise of implementing powers: implementing acts at appeal committee level

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead JURI
Former Responsible Committee JURI SZÁJER József (icon: PPE PPE)
Committee Opinion AFET
Committee Opinion DEVE
Committee Opinion INTA
Committee Opinion ECON
Committee Opinion EMPL
Committee Opinion ENVI
Committee Opinion ITRE
Committee Opinion IMCO
Committee Opinion TRAN
Committee Opinion REGI
Committee Opinion AGRI
Committee Opinion PECH
Committee Opinion CULT
Committee Opinion LIBE
Committee Opinion AFCO
Committee Opinion FEMM
Former Committee Opinion AFET
Former Committee Opinion DEVE
Former Committee Opinion INTA VAN DE CAMP Wim (icon: PPE PPE)
Former Committee Opinion ECON GUALTIERI Roberto (icon: S&D S&D)
Former Committee Opinion EMPL
Former Committee Opinion ENVI DELAHAYE Angélique (icon: PPE PPE)
Former Committee Opinion ITRE TURMES Claude (icon: Verts/ALE Verts/ALE)
Former Committee Opinion IMCO
Former Committee Opinion TRAN
Former Committee Opinion REGI
Former Committee Opinion AGRI ROPĖ Bronis (icon: Verts/ALE Verts/ALE)
Former Committee Opinion PECH
Former Committee Opinion CULT
Former Committee Opinion LIBE
Former Committee Opinion AFCO DURAND Pascal (icon: Verts/ALE Verts/ALE)
Former Committee Opinion FEMM
Lead committee dossier:
Legal Basis:
TFEU 291-p3

Events

2017/10/24
   FR_SENATE - Contribution
Documents
2017/06/19
   CZ_CHAMBER - Contribution
Documents
2017/06/06
   PL_SENATE - Contribution
Documents
2017/05/30
   EP - Former Committee Opinion
2017/04/05
   EP - Former Committee Opinion
2017/03/21
   EP - Former Committee Opinion
2017/03/20
   EP - Former Committee Opinion
2017/03/20
   EP - Former Committee Opinion
2017/03/01
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/02/28
   EP - Former Responsible Committee
2017/02/28
   EP - Former Committee Opinion
2017/02/14
   EC - Legislative proposal published
Details

PURPOSE: to improve the functioning of the comitology procedures.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Regulation (EU) No 182/2011 on comitology sets out the mechanism for the control of the Commission's exercise of implementing powers by Member States. Under the most frequently used procedure, the so-called “examination procedure”, the Commission representatives submit draft implementing acts to a committee composed of representatives from the Member States, which gives its opinion, generally by vote.

The appeal committee was introduced in Regulation (EU) No 182/2011 in order to elevate the debate, in particular in case the examination committee did not deliver an opinion, to a more political level.

The Commission has found itself in the past years in a situation where it is legally obliged to take an authorisation decision in the absence of a qualified majority of the Member States taking position (either in favour or against) in the committee. This 'no opinion' situation is in the Commission's view particularly problematic when it concerns politically sensitive matters of direct impact on citizens and businesses, for instance in the field of health and safety of humans, animals or plants (e.g. GMOs or glyphosate).

The Commission considered that Member States should, in these specific situations, also assume their responsibilities in the decision-making process to a greater extent. It is for this reason that it has proposed amendments to improve the functioning of the comitology procedures at the level of the appeal committee in order to ensure wider political accountability and ownership of politically sensitive implementing acts.

CONTENT: this proposal provides for targeted and limited amendments to Regulation (EU) No 182/2011 and thus relates to implementing acts only.

The Commission proposes to:

amend the voting rules for the appeal committee in order to reduce the risk of a no opinion scenario and to clarify the positions of the Member States. To this end, the proposal stipulates that only Member States which are present or represented, and which do not abstain, should be considered as participating Member States for the calculation of the qualified majority. In order to ensure that the voting outcome is representative a vote should only be considered valid if a simple majority of the Member States are participating members of the appeal committee; provide the possibility of a further referral to the appeal committee at ministerial level where no opinion is delivered. The changes proposed aim at reducing the risk of no opinion outcomes at the appeal committee level and at facilitating the decision-making and to ensure the political ownership of Member States of certain sensitive decisions; increase the transparency of the comitology procedure by proposing that the votes of the Member States' representatives taken in the appeal committee be made public (they are currently confidential); enable the Commission to formally refer specific cases after a no opinion outcome in the appeal committee for a non-binding opinion to the Council, with a view to obtaining its political orientation on the implications of the no opinion outcome.

Documents

AmendmentsDossier
192 2017/0035(COD)
2017/06/19 AFCO 29 amendments...
source: 606.148
2017/10/13 AGRI 16 amendments...
source: 610.563
2017/10/25 ECON 10 amendments...
source: 612.286
2017/10/26 INTA 14 amendments...
source: 612.280
2018/01/22 ENVI 66 amendments...
source: 616.711
2018/02/14 ITRE 57 amendments...
source: 618.148

History

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

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      text
      • PURPOSE: to improve the functioning of the comitology procedures.

        PROPOSED ACT: Regulation of the European Parliament and of the Council.

        ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

        BACKGROUND: Regulation (EU) No 182/2011 on comitology sets out the mechanism for the control of the Commission's exercise of implementing powers by Member States. Under the most frequently used procedure, the so-called “examination procedure”, the Commission representatives submit draft implementing acts to a committee composed of representatives from the Member States, which gives its opinion, generally by vote.

        The appeal committee was introduced in Regulation (EU) No 182/2011 in order to elevate the debate, in particular in case the examination committee did not deliver an opinion, to a more political level.

        The Commission has found itself in the past years in a situation where it is legally obliged to take an authorisation decision in the absence of a qualified majority of the Member States taking position (either in favour or against) in the committee. This 'no opinion' situation is in the Commission's view particularly problematic when it concerns politically sensitive matters of direct impact on citizens and businesses, for instance in the field of health and safety of humans, animals or plants (e.g. GMOs or glyphosate).

        The Commission considered that Member States should, in these specific situations, also assume their responsibilities in the decision-making process to a greater extent. It is for this reason that it has proposed amendments to improve the functioning of the comitology procedures at the level of the appeal committee in order to ensure wider political accountability and ownership of politically sensitive implementing acts.

        CONTENT: this proposal provides for targeted and limited amendments to Regulation (EU) No 182/2011 and thus relates to implementing acts only.

        The Commission proposes to:

        • amend the voting rules for the appeal committee in order to reduce the risk of a no opinion scenario and to clarify the positions of the Member States. To this end, the proposal stipulates that only Member States which are present or represented, and which do not abstain, should be considered as participating Member States for the calculation of the qualified majority. In order to ensure that the voting outcome is representative a vote should only be considered valid if a simple majority of the Member States are participating members of the appeal committee;
        • provide the possibility of a further referral to the appeal committee at ministerial level  where no opinion is delivered. The changes proposed aim at reducing the risk of no opinion outcomes at the appeal committee level and at facilitating the decision-making and to ensure the political ownership of Member States of certain sensitive decisions;
        • increase the transparency of the comitology procedure by proposing that the votes of the Member States' representatives taken in the appeal committee be made public (they are currently confidential);
        • enable the Commission to formally refer specific cases after a no opinion outcome in the appeal committee for a non-binding opinion to the Council, with a view to obtaining its political orientation on the implications of the no opinion outcome.
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                                                      committees/12/shadows/2/name
                                                      Old
                                                      CAVADA Jean-Marie
                                                      New
                                                      ROHDE Jens
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                                                      2017-03-20T00:00:00
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                                                      2017-03-20T00:00:00
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                                                      2017-05-30T00:00:00
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                                                        TURMES Claude
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                                                      2017-03-21T00:00:00
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                                                        GUALTIERI Roberto
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                                                      2017-04-05T00:00:00
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                                                        DELAHAYE Angélique
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                                                      2017-04-05T00:00:00
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                                                      activities/0/docs/0/text
                                                      • PURPOSE: to improve the functioning of the comitology procedures.

                                                        PROPOSED ACT: Regulation of the European Parliament and of the Council.

                                                        ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

                                                        BACKGROUND: Regulation (EU) No 182/2011 on comitology sets out the mechanism for the control of the Commission's exercise of implementing powers by Member States. Under the most frequently used procedure, the so-called “examination procedure”, the Commission representatives submit draft implementing acts to a committee composed of representatives from the Member States, which gives its opinion, generally by vote.

                                                        The appeal committee was introduced in Regulation (EU) No 182/2011 in order to elevate the debate, in particular in case the examination committee did not deliver an opinion, to a more political level.

                                                        The Commission has found itself in the past years in a situation where it is legally obliged to take an authorisation decision in the absence of a qualified majority of the Member States taking position (either in favour or against) in the committee. This 'no opinion' situation is in the Commission's view particularly problematic when it concerns politically sensitive matters of direct impact on citizens and businesses, for instance in the field of health and safety of humans, animals or plants (e.g. GMOs or glyphosate).

                                                        The Commission considered that Member States should, in these specific situations, also assume their responsibilities in the decision-making process to a greater extent. It is for this reason that it has proposed amendments to improve the functioning of the comitology procedures at the level of the appeal committee in order to ensure wider political accountability and ownership of politically sensitive implementing acts.

                                                        CONTENT: this proposal provides for targeted and limited amendments to Regulation (EU) No 182/2011 and thus relates to implementing acts only.

                                                        The Commission proposes to:

                                                        • amend the voting rules for the appeal committee in order to reduce the risk of a no opinion scenario and to clarify the positions of the Member States. To this end, the proposal stipulates that only Member States which are present or represented, and which do not abstain, should be considered as participating Member States for the calculation of the qualified majority. In order to ensure that the voting outcome is representative a vote should only be considered valid if a simple majority of the Member States are participating members of the appeal committee;
                                                        • provide the possibility of a further referral to the appeal committee at ministerial level  where no opinion is delivered. The changes proposed aim at reducing the risk of no opinion outcomes at the appeal committee level and at facilitating the decision-making and to ensure the political ownership of Member States of certain sensitive decisions;
                                                        • increase the transparency of the comitology procedure by proposing that the votes of the Member States' representatives taken in the appeal committee be made public (they are currently confidential);
                                                        • enable the Commission to formally refer specific cases after a no opinion outcome in the appeal committee for a non-binding opinion to the Council, with a view to obtaining its political orientation on the implications of the no opinion outcome.
                                                      activities/1/committees/12/shadows/0
                                                      group
                                                      S&D
                                                      name
                                                      KAUFMANN Sylvia-Yvonne
                                                      activities/1/committees/12/shadows/1
                                                      group
                                                      ECR
                                                      name
                                                      DZHAMBAZKI Angel
                                                      committees/12/shadows/0
                                                      group
                                                      S&D
                                                      name
                                                      KAUFMANN Sylvia-Yvonne
                                                      committees/12/shadows/1
                                                      group
                                                      ECR
                                                      name
                                                      DZHAMBAZKI Angel
                                                      activities/1/committees/0/date
                                                      2017-03-20T00:00:00
                                                      activities/1/committees/0/rapporteur
                                                      • group
                                                        Verts/ALE
                                                        name
                                                        DURAND Pascal
                                                      committees/0/date
                                                      2017-03-20T00:00:00
                                                      committees/0/rapporteur
                                                      • group
                                                        Verts/ALE
                                                        name
                                                        DURAND Pascal
                                                      activities/1/committees/12/shadows/0
                                                      group
                                                      ALDE
                                                      name
                                                      CAVADA Jean-Marie
                                                      committees/12/shadows/0
                                                      group
                                                      ALDE
                                                      name
                                                      CAVADA Jean-Marie
                                                      activities/1/committees/12/date
                                                      2017-02-28T00:00:00
                                                      activities/1/committees/12/rapporteur
                                                      • group
                                                        EPP
                                                        name
                                                        SZÁJER József
                                                      activities/1/committees/12/shadows
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                                                        CHRYSOGONOS Kostas
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                                                        DURAND Pascal
                                                      committees/12/date
                                                      2017-02-28T00:00:00
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                                                        SZÁJER József
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                                                        CHRYSOGONOS Kostas
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                                                        DURAND Pascal
                                                      activities/0/docs/0/celexid
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                                                      • date
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                                                          http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0085/COM_COM(2017)0085_EN.pdf
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                                                          COM(2017)0085
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                                                          dossier_of_the_committee
                                                          JURI/8/09305
                                                          reference
                                                          2017/0035(COD)
                                                          subtype
                                                          Legislation
                                                          legal_basis
                                                          • Treaty on the Functioning of the EU TFEU 291-p3
                                                          stage_reached
                                                          Awaiting committee decision
                                                          summary
                                                          • Amending Regulation (EU) No 182/2011
                                                          instrument
                                                          Regulation
                                                          title
                                                          Mechanisms for control by Member States of the Commission’s exercise of implementing powers: implementing acts at appeal committee level
                                                          type
                                                          COD - Ordinary legislative procedure (ex-codecision procedure)
                                                          subject