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REPORT (COM(2017)0085 – C80034/2017 – 2017/0035(COD))

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

A-9-2020-0187

Committee on Legal Affairs · Rapporteur: József Szájer

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The Committee on Legal Affairs proposes Parliament's first-reading amendments to the Commission proposal amending Regulation (EU) No 182/2011 on how member states control the Commission's implementing powers. The amended text lets the chair or a simple majority of member states call a further appeal committee meeting at ministerial level, with the opinion due within 3 months of referral. Where a basic act concerns protection of health or safety of humans, animals or plants, an authorisation for a product or substance is granted only if the vote results in a positive opinion. Member state representatives must give reasons for their vote, abstention or absence, with case-specific detailed reasons in sensitive areas, and the register must publish more information and allow searches by policy area. The Commission may refer the matter to Parliament and the Council for their positions, and either institution may ask it to review a draft implementing act or propose amending the basic act.

Committee position. The Committee on Legal Affairs welcomes the Commission proposal but proposes amendments to strengthen the appeal committee, require reasons for votes, increase transparency of the register, and give Parliament and the Council a role when no opinion is delivered.

Key points

  1. Parliament adopts its first-reading position amending the Commission proposal on the committee procedure for the Commission's implementing powers.
  2. The Commission is asked to refer the matter to Parliament again if it replaces or substantially amends its proposal.
  3. The appeal committee may hold a further meeting at a sufficiently high political level, such as ministerial level, if the chair or a simple majority of member states so decides.
  4. That further meeting must deliver its opinion within 3 months of the initial date of referral.
  5. Where no opinion is delivered, the Commission may refer the matter to Parliament and the Council for their positions on the wider implications, and must take account of positions expressed within 3 months.
  6. For basic acts on protection of health or safety of humans, animals or plants, authorisation of a product or substance is granted only if the vote results in a positive opinion.
  7. Member state representatives must give reasons for their vote, abstention or absence, and case-specific detailed reasons in sensitive areas such as consumer, health, animal or plant safety or the environment.
  8. The register must publish agendas including drafts of texts and documents, summary records with lists of persons present and their authorities or organisations, and voting results with reasons.
  9. The register's search functions must allow searches by policy area.
  10. Parliament or the Council may tell the Commission that a draft implementing act exceeds the implementing powers in the basic act or conflicts with its objectives; the Commission must review it and say whether it will maintain, amend or withdraw it.
  11. Parliament or the Council may call on the Commission to propose amending a basic act to review the implementing powers conferred on it.
  12. The regulation applies to procedures begun after its entry into force.

Who is affected

  • Member states: their representatives must justify votes, abstentions and absences, and their votes are made public.
  • The Commission: it may convene a further appeal committee meeting, refer matters to Parliament and the Council, and must review draft implementing acts challenged by either institution.
  • Parliament and the Council: they may give positions on the absence of an opinion and ask the Commission to review implementing powers.
  • The public: the register must publish more information and allow searches by policy area.

Figures and deadlines

  • 3 months: deadline for the appeal committee to deliver its opinion after a further meeting.
  • 3 months: period for the Commission to take account of positions expressed by Parliament and the Council after referral.

Legal basis: Article 294(2) and Article 291(3) of the Treaty on the Functioning of the European Union.