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 Parliament's position in 1st reading

RoleCommitteeRapporteurShadows
Lead JURI POSPÍŠIL Jiří (icon: EPP EPP) VOLLATH Bettina (icon: S&D S&D), DURAND Pascal (icon: Renew Renew), TOUSSAINT Marie (icon: Verts/ALE Verts/ALE), DZHAMBAZKI Angel (icon: ECR ECR)
Former Responsible Committee JURI SZÁJER József (icon: PPE PPE)
Committee Opinion AFET
Committee Opinion DEVE
Committee Opinion INTA SIMON Sven (icon: EPP EPP)
Committee Opinion ECON
Committee Opinion EMPL
Committee Opinion ENVI POLČÁK Stanislav (icon: EPP EPP)
Committee Opinion ITRE NIINISTÖ Ville (icon: Verts/ALE Verts/ALE)
Committee Opinion IMCO
Committee Opinion TRAN
Committee Opinion REGI
Committee Opinion AGRI ROPĖ Bronis (icon: Verts/ALE Verts/ALE)
Committee Opinion PECH
Committee Opinion CULT
Committee Opinion LIBE
Committee Opinion AFCO DURAND Pascal (icon: Verts/ALE Verts/ALE)
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) Martin HOJSÍK (icon: RE RE)
Former Committee Opinion IMCO
Former Committee Opinion TRAN
Former Committee Opinion REGI
Former Committee Opinion AGRI ROPĖ Bronis (icon: Verts/ALE Verts/ALE) Eric ANDRIEU (icon: S&D S&D), Daniel BUDA (icon: PPE PPE), Luke Ming FLANAGAN (icon: GUE/NGL GUE/NGL), Jan HUITEMA (icon: RE RE), Gilles LEBRETON (icon: ID ID), Mazaly AGUILAR (icon: ECR ECR)
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

2021/03/18
   EP - POSPÍŠIL Jiří (EPP) appointed as rapporteur in JURI
2020/12/17
   EP - Results of vote in Parliament
2020/12/17
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 429 votes to 85, with 182 abstentions, amendments to the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down general rules and principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.

The matter was referred to the relevant committee for inter-institutional negotiations.

The main amendments adopted in plenary concern the following points:

Referral to the Appeal Committee

In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. However, Members pointed out that in practice, in particular in the field of genetically modified organisms, genetically modified food and feed and plant protection products, cases have been referred to the appeal committee in cases where no qualified majority could be reached in the Committee under the examination procedure and where, as a result, no opinion was delivered.

Parliament considered that where no opinion is delivered by the appeal committee, the Chair or a simple majority of the Member States may decide to organise a new meeting of the appeal committee, at a sufficiently high political level, for example at ministerial level, so as to ensure that a political debate is held.

In certain cases, the Commission could invite the European Parliament and the Council to inform it of their position and their assessment of the wider implications of the absence of an opinion, including institutional, legal, economic, political and international implications. The Commission should take into account any position expressed by the European Parliament and the Council within three months of the referral.

Implementing acts in sensitive areas

Members considered that where the basic act concerns the protection of the health or safety of humans, animals or plants and the draft implementing act provides for the grant of authorisation for a product or substance, that authorisation shall only be granted if the vote results in a positive opinion.

Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the protection of the environment, case-specific detailed reasons for votes and abstentions should be given by each Member State representative in order to raise awareness and understanding of the procedure among EU citizens.

European Parliament and the Council’s right of scrutiny

Where the European Parliament or the Council considers that the conferral of implementing powers on the Commission for a basic instrument should be reviewed, Members proposed that either Parliament or the Council may at any time invite the Commission to submit a proposal to amend that basic instrument.

Transparency of information on committee work

Parliament suggested that the accessibility of the register should be further increased and changes to its content should be made in order to ensure that there is greater transparency concerning the decision-making process, in particular by adding more information as regards that process. Improving the search functions of the register to allow searches by policy area would be an essential element in that regard.

Documents
2020/12/17
   EP - Matter referred back to the committee responsible
2020/10/12
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Legal Affairs adopted the report by József SZÁJER (EPP, HU) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.

As a reminder, Regulation (EU) No 182/2011 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. These votes follow the qualified majority rule as set out in the Treaties.

The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

Improved transparency

In order to enhance Union citizens’ awareness and understanding of the procedure and enhance the visibility thereof, Members proposed adding a new Article stipulating that ‘the Member State representatives shall provide reasons for their vote or abstention or for any absence from the vote. Where the act concerns particularly sensitive areas, such as the protection of consumers, the health or safety of humans, animals or plants, or the environment, the Member State representatives shall provide case-specific detailed reasons for their vote or abstention. The report called for the European Parliament and the Council to have access to this information with applicable rules and without undue delay.

Comitology register

Members stressed the need to increase the accessibility of the comitology register and to apply changes to its content, which will allow citizens to know not only the formal elements of the procedure but also the reasons for the decisions of the Member States. They suggested enhancing the search functions of the register for searches to be made by policy area.

Right of scrutiny

In addition, where either the European Parliament or the Council considers it to be appropriate to review the conferral of implementing powers on the Commission in the basic act, Members proposed that it may, at any time, call on the Commission to submit a proposal to amend that basic act.

Documents
2020/10/01
   EP - Vote in committee, 1st reading
2020/06/17
   EP - Committee opinion
Documents
2020/05/15
   EP - Committee opinion
Documents
2020/04/29
   EP - Committee opinion
Documents
2020/04/27
   EP - Committee opinion
Documents
2020/03/19
   EP - Committee opinion
Documents
2020/03/04
   EP - Amendments tabled in committee
Documents
2020/02/18
   EP - POLČÁK Stanislav (EPP) appointed as rapporteur in ENVI
2020/02/18
   EP - NIINISTÖ Ville (Verts/ALE) appointed as rapporteur in ITRE
2020/01/31
   EP - Committee draft report
Documents
2019/10/21
   EP - Committee referral announced in Parliament, 1st reading
2019/09/18
   EP - ROPĖ Bronis (Verts/ALE) appointed as rapporteur in AGRI
2019/07/18
   EP - SIMON Sven (EPP) appointed as rapporteur in INTA
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 - TURMES Claude (Verts/ALE) appointed as rapporteur in ITRE
2017/04/05
   EP - DELAHAYE Angélique (PPE) appointed as rapporteur in ENVI
2017/03/21
   EP - GUALTIERI Roberto (S&D) appointed as rapporteur in ECON
2017/03/20
   EP - DURAND Pascal (Verts/ALE) appointed as rapporteur in AFCO
2017/03/20
   EP - VAN DE CAMP Wim (PPE) appointed as rapporteur in INTA
2017/03/20
   EP - DURAND Pascal (Verts/ALE) appointed as rapporteur in AFCO
2017/03/01
   EP - Committee referral announced in Parliament, 1st reading
2017/02/28
   EP - SZÁJER József (PPE) appointed as rapporteur in JURI
2017/02/28
   EP - ROPĖ Bronis (Verts/ALE) appointed as rapporteur in AGRI
2017/02/14
   EC - Legislative proposal
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

Votes

A9-0187/2020 - József Szájer - Am 1-15, 17-25

2020/12/16 Outcome: +: 633, -: 36, 0: 26
DE FR IT ES NL BE RO EL SE HU PT AT BG DK IE FI LT CZ HR SK LV SI EE CY LU MT PL
Total
93
79
74
59
29
21
33
21
20
20
21
19
17
14
13
13
11
20
12
14
8
8
7
6
6
6
51
icon: PPE PPE
184

Denmark PPE

For (1)

1

Latvia PPE

2

Estonia PPE

For (1)

1
2

Luxembourg PPE

2

Malta PPE

2
icon: S&D S&D
143

Greece S&D

2

Lithuania S&D

2

Latvia S&D

2

Slovenia S&D

2

Estonia S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Malta S&D

Against (1)

Abstain (1)

4
icon: Renew Renew
97

Italy Renew

For (1)

1

Sweden Renew

2

Hungary Renew

2

Austria Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Lithuania Renew

2

Croatia Renew

For (1)

1

Slovakia Renew

2

Latvia Renew

For (1)

1

Slovenia Renew

2

Estonia Renew

3

Luxembourg Renew

2
icon: Verts/ALE Verts/ALE
71

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Austria Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Poland Verts/ALE

For (1)

1
icon: ID ID
73

Netherlands ID

Against (1)

1
3

Denmark ID

For (1)

1

Finland ID

1

Czechia ID

Against (1)

Abstain (1)

2

Estonia ID

For (1)

1
icon: GUE/NGL GUE/NGL
39

Netherlands GUE/NGL

For (1)

1

Belgium GUE/NGL

For (1)

1

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

4

Denmark GUE/NGL

1

Finland GUE/NGL

For (1)

1

Czechia GUE/NGL

1

Cyprus GUE/NGL

2
icon: NI NI
26

Germany NI

2

Netherlands NI

1

Hungary NI

1

Croatia NI

2

Slovakia NI

Against (1)

Abstain (1)

2
icon: ECR ECR
62

Germany ECR

For (1)

1

Romania ECR

1

Greece ECR

1

Bulgaria ECR

2

Lithuania ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

Against (1)

2

Latvia ECR

2

A9-0187/2020 - József Szájer - Am 16

2020/12/16 Outcome: +: 450, -: 224, 0: 21
FR IT ES DE PL DK BE PT EE FI IE CZ AT EL SE CY NL LU MT LT RO BG HR SI LV SK HU
Total
79
74
59
93
51
14
21
21
7
13
13
20
19
21
20
6
29
6
6
11
33
17
12
8
8
14
20
icon: S&D S&D
143

Estonia S&D

2

Greece S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Lithuania S&D

2

Slovenia S&D

2

Latvia S&D

2
icon: ID ID
73

Denmark ID

For (1)

1

Estonia ID

For (1)

1

Finland ID

Abstain (1)

1

Czechia ID

2
3

Netherlands ID

1
icon: Verts/ALE Verts/ALE
71

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Denmark Verts/ALE

2

Belgium Verts/ALE

3

Portugal Verts/ALE

1

Finland Verts/ALE

3

Ireland Verts/ALE

2

Czechia Verts/ALE

3

Austria Verts/ALE

3

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Lithuania Verts/ALE

2

Latvia Verts/ALE

1
icon: Renew Renew
97

Italy Renew

For (1)

1

Estonia Renew

3

Finland Renew

For (1)

3

Ireland Renew

2

Austria Renew

Against (1)

1

Sweden Renew

2

Luxembourg Renew

2

Lithuania Renew

2

Croatia Renew

For (1)

1

Slovenia Renew

2

Latvia Renew

For (1)

1

Slovakia Renew

2

Hungary Renew

2
icon: GUE/NGL GUE/NGL
39

Denmark GUE/NGL

1

Belgium GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Czechia GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Cyprus GUE/NGL

2

Netherlands GUE/NGL

For (1)

1
icon: NI NI
26

Germany NI

2

Netherlands NI

1

Croatia NI

2

Slovakia NI

Against (1)

Abstain (1)

2

Hungary NI

1
icon: ECR ECR
62

Germany ECR

Against (1)

1

Greece ECR

Against (1)

1
3

Netherlands ECR

Against (1)

4

Lithuania ECR

Against (1)

1

Romania ECR

Against (1)

1

Bulgaria ECR

2

Croatia ECR

Against (1)

1

Latvia ECR

2

Slovakia ECR

2
icon: PPE PPE
184

Denmark PPE

Against (1)

1

Belgium PPE

4

Estonia PPE

Against (1)

1

Finland PPE

3

Czechia PPE

Against (1)

Abstain (1)

4

Cyprus PPE

2

Luxembourg PPE

2

Malta PPE

2

Slovenia PPE

4

Latvia PPE

2

A9-0187/2020 - József Szájer - Proposition de la Commission

2020/12/17 Outcome: +: 429, 0: 182, -: 85
FR DE IT ES NL PT EL DK BE BG IE FI LT AT SK RO HR SE CY CZ EE LU SI LV HU MT PL
Total
79
94
74
59
29
21
20
14
21
17
13
14
11
19
14
32
12
20
6
21
7
6
8
8
20
6
51
icon: S&D S&D
143

Greece S&D

2

Lithuania S&D

2

Cyprus S&D

2

Estonia S&D

2

Luxembourg S&D

For (1)

1

Slovenia S&D

2

Latvia S&D

2

Malta S&D

Abstain (1)

4
icon: Renew Renew
97

Italy Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Lithuania Renew

2

Austria Renew

For (1)

1

Slovakia Renew

2

Croatia Renew

For (1)

1

Sweden Renew

2

Estonia Renew

3

Luxembourg Renew

2

Slovenia Renew

2

Latvia Renew

For (1)

1

Hungary Renew

2
icon: Verts/ALE Verts/ALE
73

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Portugal Verts/ALE

1

Denmark Verts/ALE

2

Belgium Verts/ALE

3

Ireland Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Austria Verts/ALE

3

Sweden Verts/ALE

3

Czechia Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Poland Verts/ALE

For (1)

1
icon: ID ID
75

Netherlands ID

Against (1)

1

Denmark ID

Against (1)

1

Finland ID

2

Austria ID

3

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1
icon: GUE/NGL GUE/NGL
38

Netherlands GUE/NGL

For (1)

1

Portugal GUE/NGL

4

Denmark GUE/NGL

1

Belgium GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Sweden GUE/NGL

For (1)

1

Cyprus GUE/NGL

2

Czechia GUE/NGL

1
icon: NI NI
24

Germany NI

2

Netherlands NI

1

Slovakia NI

Against (1)

Abstain (1)

2

Croatia NI

2

Hungary NI

1
icon: PPE PPE
184

Denmark PPE

Abstain (1)

1

Belgium PPE

4

Finland PPE

3

Cyprus PPE

2

Estonia PPE

Abstain (1)

1

Luxembourg PPE

2

Slovenia PPE

4

Latvia PPE

2

Malta PPE

2
icon: ECR ECR
62

Germany ECR

Abstain (1)

1

Netherlands ECR

4

Greece ECR

Abstain (1)

1

Bulgaria ECR

2

Lithuania ECR

Abstain (1)

1

Slovakia ECR

Against (1)

2

Romania ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Sweden ECR

Against (1)

3

Latvia ECR

2

A9-0187/2020 - József Szájer - Renvoi (article 59, paragraphe 4 du règlement)

2020/12/17 Outcome: +: 629, -: 51, 0: 16
DE FR IT ES RO NL BE PT AT EL SE BG FI DK IE CZ LT HU SK HR SI EE LV CY LU MT PL
Total
94
79
74
59
32
29
21
21
19
20
20
17
14
14
13
21
11
20
14
12
8
7
8
6
6
6
51
icon: PPE PPE
184

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Latvia PPE

2
2

Luxembourg PPE

2

Malta PPE

2
icon: S&D S&D
143

Greece S&D

2

Lithuania S&D

2

Slovenia S&D

2

Estonia S&D

2

Latvia S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Malta S&D

Abstain (1)

4
icon: Renew Renew
97

Italy Renew

For (1)

1

Austria Renew

For (1)

1

Sweden Renew

2

Finland Renew

3

Ireland Renew

2

Lithuania Renew

2

Hungary Renew

2

Slovakia Renew

2

Croatia Renew

For (1)

1

Slovenia Renew

2

Estonia Renew

3

Latvia Renew

For (1)

1

Luxembourg Renew

2
icon: Verts/ALE Verts/ALE
73

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Portugal Verts/ALE

1

Austria Verts/ALE

3

Sweden Verts/ALE

3

Finland Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Poland Verts/ALE

For (1)

1
icon: ID ID
75

Netherlands ID

Against (1)

1
3

Finland ID

2

Denmark ID

For (1)

1

Czechia ID

Against (1)

Abstain (1)

2

Estonia ID

For (1)

1
icon: GUE/NGL GUE/NGL
38

Netherlands GUE/NGL

For (1)

1

Belgium GUE/NGL

For (1)

1

Portugal GUE/NGL

4

Sweden GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

1

Czechia GUE/NGL

1

Cyprus GUE/NGL

2
icon: NI NI
24

Germany NI

2

Netherlands NI

Against (1)

1

Hungary NI

1

Slovakia NI

2

Croatia NI

2
icon: ECR ECR
62

Germany ECR

For (1)

1

Romania ECR

1

Greece ECR

1

Sweden ECR

Against (1)

3

Bulgaria ECR

2

Lithuania ECR

1

Slovakia ECR

Against (1)

2

Croatia ECR

For (1)

1

Latvia ECR

For (1)

Against (1)

2
AmendmentsDossier
302 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
2020/03/04 JURI 57 amendments...
source: 648.423
2020/03/11 AGRI 53 amendments...