Activities of Matthijs van MILTENBURG related to 2018/0198(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context PDF (765 KB) DOC (102 KB)
Amendments (17)
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a mechanism to allow for the application in one Member State, with regard to a cross- border region, of the legal provisions from another Member State, where the application of the legal provisions of the former would constitute aone or more legal obstacles hampering the implementation of a joint Project ('the Mechanism').
Amendment 70 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) 'initiator' means the actor who identifies thone or more legal obstacles and triggers the Mechanism by submitting an initiative document;
Amendment 91 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The initiator shall identify thone or more legal obstacles with regard to the planning, development, staffing, financing or functioning of a joint project.
Amendment 95 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) a description of the joint project and of its context, of thone or more corresponding legal obstacles in the committing Member State as well as of the rationale for resolving thone or more legal obstacles;
Amendment 96 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) a list of the specific legal provisions of the transferring Member State resolving thone or more legal obstacles or, where no appropriate legal provision exists, a proposal for an ad hoc legal resolution;
Amendment 97 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Preliminary analysis of the initiative document by the committing and transferring Member State or States
Amendment 99 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Within three months of receipt of an initiative document, the competent Cross-border Coordination Point of the transferring Member State shall send its preliminary reaction to the competent Cross-border Coordination Point of the committing Member State.
Amendment 100 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Within three months after receipt of the initiative document the competent Cross-border Coordination Point of the committing Member State shall take, one or more of the following actions, to be transmitted to the initiator in writing:
Amendment 102 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) inform the initiator about its assessment that thone or more legal obstacles consists in one of the cases listed in Article 12(4) and describe the commitment of the competent committing authority, to change or adapt that legal obstacle;
Amendment 103 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) inform the initiator about its assessment that thone or more legal obstacles consists in one of the situations under Article 12(4) while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing Member State;
Amendment 104 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
Amendment 105 #
Proposal for a regulation
Article 10 – paragraph 2 – point f b (new)
Article 10 – paragraph 2 – point f b (new)
(fb) inform the initiator that one or more of the Member States concerned have decided not to resolve one or more legal obstacles identified by the initiator while setting out its reasons in writing
Amendment 106 #
Proposal for a regulation
Article 11
Article 11
Amendment 107 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Where the analysis by the competent Cross-border Coordination Point of the committing Member State or the competent committing authority concludes that thone or more legal obstacles described in the initiative document is based on a misunderstanding or misinterpretation of the relevant legislation or on the lack of sufficient information about the relevant legislation, the procedure ends by informing the initiator about the assessment that there is no legal obstacle.
Amendment 108 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Where thone or more legal obstacles consists only in an administrative provision, rule or administrative practice of the committing Member State or in a an administrative provision, rule or administrative practice clearly distinct from a provision adopted under a legislative procedure and can therefore be changed or adapted without a legislative procedure, the competent committing authority shall inform the initiator in writing its refusal or willingness to change or adapt the relevant administrative provision, rule or administrative practice within eight months.
Amendment 109 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point a
Article 14 – paragraph 1 – subparagraph 1 – point a
(a) the description of the joint project and of its context, of thone or more corresponding legal obstacles as well as of the rationale for resolving thone or more legal obstacles;
Amendment 110 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point b
Article 14 – paragraph 1 – subparagraph 1 – point b
(b) the list of the specific legal provision or provisions constituting thone or more legal obstacles and which shall therefore not apply to the joint project;