Rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ***I
TA-9-2020-0364 · P9_TA(2020)0364 · PE646.995
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Parliament's amended version of a proposed regulation amending Regulation (EU) No 182/2011 on Member States' control of the Commission's implementing powers. It strengthens the appeal committee, adds transparency on votes and documents, and changes how authorisations are granted in sensitive areas.¶¶¶ The appeal committee may hold a further meeting at ministerial level, and its opinion deadline is extended to 3 months. The Commission may ask Parliament and the Council for their positions on the wider implications of no opinion.¶¶ Where a basic act concerns the protection of the health or safety of humans, animals or plants and a draft implementing act grants authorisation for a product or substance, that authorisation 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 particularly sensitive areas. Committee agendas, documents, participants and voting results are made public in the register, which can be searched by policy area.¶¶¶ Parliament or the Council may indicate that a draft implementing act exceeds the implementing powers in the basic act or conflicts with its objectives, and may call on the Commission to propose amending that basic act.¶
Key points
- The system set up by Regulation (EU) No 182/2011 has worked effectively, but targeted amendments to the appeal committee procedure are needed to improve political accountability and citizens' awareness.¶
- The appeal committee has been seized mainly in cases on genetically modified organisms, genetically modified food and feed and plant protection products, and has usually repeated the examination committee's outcome with no opinion delivered.¶¶
- Where no opinion is delivered in the appeal committee, the chair or a simple majority of Member States may decide to hold a further meeting at a sufficiently high political level, such as ministerial level, delivering its opinion within 3 months of the initial referral.¶
- The Commission may refer the matter to Parliament and the Council for opinions on the wider implications of the absence of opinion, and must take account of any position expressed within 3 months; in urgent cases it may set a shorter deadline.¶
- Where a basic act concerns the protection of the health or safety of humans, animals or plants and a draft implementing act grants authorisation for a product or substance, the authorisation is granted only if the vote results in a positive opinion.¶
- Member State representatives must give reasons for their vote, abstention or absence, and case-specific detailed reasons in particularly sensitive areas such as consumer protection, health or safety of humans, animals or plants, or the environment.¶¶
- Committee agendas, including drafts of texts to be decided and documents to be discussed, and summary records with lists of persons present and the authorities and organisations they belong to, are made public.¶¶
- Voting results, including votes expressed by each Member State representative and any abstentions with reasons, are made public in the register, and Parliament and the Council have access to this information without undue delay.¶¶
- All information referred to in Article 10(1) is made public in the register, and the register's search functions must enable searches by policy area.¶¶
- Parliament or the Council may indicate to the Commission that a draft implementing act exceeds the implementing powers in the basic act or conflicts with its objectives; the Commission reviews the draft and informs them whether it will maintain, amend or withdraw it.¶
- Parliament or the Council may at any time call on the Commission to submit a proposal to amend a basic act to review the conferral of implementing powers.
- The regulation applies to procedures begun after its entry into force.¶
Who is affected
- Member State representatives in committees: must give reasons for votes, abstentions or absences, with detailed reasons in sensitive areas.¶¶
- The Commission: may refer matters to Parliament and the Council, must take account of their positions, and reviews draft implementing acts on their indication.¶¶
- The European Parliament and the Council: may give opinions on the wider implications of no opinion and may call for amendment of basic acts.
- The European Economic and Social Committee: receives the positions expressed by Parliament and the Council without undue delay.
- Union citizens: benefit from increased transparency and awareness of implementing act procedures.¶¶¶