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DRAFT OPINION (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

INTA-PA-610686

Committee on International Trade · Rapporteur: Wim van de Camp

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The Committee on International Trade gives its draft opinion on the Commission proposal to amend Regulation (EU) No 182/2011 on comitology. It welcomes the proposal and proposes amendments to protect trade defence procedures from delay. The amendments require the Commission to shorten appeal committee and Council referral deadlines where basic acts set fixed deadlines, such as in anti-dumping and countervailing measures. They also give Parliament and the Council one month to exercise their right of scrutiny, with exceptions for urgent cases and day-to-day administrative acts.

Committee position. The rapporteur welcomes the Commission proposal and proposes amendments to ensure that appeal committee procedures and Council referrals do not delay trade defence measures, to allow the Commission to shorten deadlines where basic acts set fixed time-frames, and to set a one-month time limit for Parliament's and the Council's right of scrutiny.

Key points

  1. The Commission proposes four changes to Regulation (EU) No 182/2011 for cases where the appeal committee delivers no opinion on a draft implementing act.
  2. The changes would remove abstaining members' votes from the qualified majority calculation, allow a further appeal committee meeting at ministerial level, let the Commission refer the matter to the Council, and publish member states' votes.
  3. The rapporteur welcomes the proposal but says appeal committee procedures and Council referrals must not harm the adoption of necessary trade defence measures, which face time pressure.
  4. The rapporteur wants EU procedures to be time-efficient so the EU can stay competitive and meet its economic, social and environmental targets.
  5. The rapporteur proposes that where basic acts set a fixed time-frame, the Commission should always be able to shorten the deadlines for appeal committee meetings and Council referrals.
  6. The rapporteur proposes a specific time limit for Parliament and the Council to exercise their right of scrutiny, with exceptions for urgent cases.
  7. Amendment 1 adds a recital stating that where Union legislative acts require the Commission to investigate a complaint, such as in anti-dumping and countervailing proceedings, it must decide within specific deadlines and in light of the investigation findings.
  8. Amendment 2 adds to Recital 8 that the appeal committee's deadline may be extended except where statutory deadlines in basic acts must be respected, and that the Commission may shorten deadlines in duly justified cases.
  9. Amendment 3 adds to Recital 10 that shorter deadlines should apply when the Commission is bound by fixed statutory deadlines in basic acts, such as anti-dumping and countervailing measures.
  10. Amendment 4 provides that a further ministerial-level appeal committee meeting must deliver its opinion within 3 months of the initial referral, and that the Commission shall set a shorter deadline where needed to comply with basic act deadlines.
  11. Amendment 5 provides that the Commission shall set a shorter deadline for the Council's opinion where needed to comply with deadlines in the relevant basic acts.
  12. Amendment 6 gives Parliament and the Council one month from receipt of the final draft implementing act to give their indication, with exceptions for urgent cases and day-to-day administrative acts.

Who is affected

  • The Commission, which would gain powers to shorten appeal committee and Council referral deadlines.
  • Member states in the appeal committee, whose abstentions would no longer count in the qualified majority and whose votes would be made public.
  • The European Parliament and the Council, which would have one month to exercise their right of scrutiny.
  • Trade defence proceedings, such as anti-dumping and countervailing measures, which would keep their statutory deadlines.

Figures and deadlines

  • Around 2% of all draft implementing acts submitted to committees concern cases where no opinion is delivered.
  • 14 existing comitology committees in the common commercial policy field in 2015.
  • In 2015, 58 implementing acts were adopted in the common commercial policy field, of which 52 concerned trade defence instruments.
  • The comitology regulation started applying to trade defence measures from February 2014.
  • The appeal committee procedure for trade defence measures was triggered once, in February 2017, in the solar panels case.
  • The appeal committee must deliver its opinion within 3 months of the initial referral.
  • The Commission must take account of any Council position expressed within 3 months after the referral.
  • Parliament and the Council have one month to give their indication, starting on the date of receipt of the final draft implementing act.