28 Amendments of József SZÁJER related to 2010/0051(COD)
Amendment 1 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) It is for the legislator, in full respect of the Treaties and in particular of Article 290 of the Treaty on the Functioning of the European Union, to decide in each basic act to confer implementing powers on the Commission in accordance with Article 291(2) of the Treaty on the Functioning of the European Union.
Amendment 2 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Where appropriate, the control mechanism should include referral to an appeal committee which should meet at the appropriate level.
Amendment 3 #
Proposal for a regulation
Recital 8
Recital 8
(8) Criteria should be laid down to determine the procedure to be used for the adoption of implementing acts. In order to achieve greater consistency and in order to ensure, thate procedural requirements arshould be proportionate to the nature and impact of the implementing acts to be adopted, those criteria should be binding.
Amendment 4 #
Proposal for a regulation
Recital 9
Recital 9
(9) The examination procedure should onlyin particular apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact. That procedure should provide for the control of the Member States in such a way that measureacts cannot be adopted if they are not in conformity with the opinion of the committee, except in very exceptional circumstances, where the Commission should be able, in spite of a negative opinion, to adopt and apply measureacts for a limited period of time. The Commission should be able to review the draft measureacts in the event that no opinion is delivered by the committee, taking into account the views expressed within the committee. Or. en (note: the text should be adapted throughout to the expression "implementing acts" .)
Amendment 5 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Provided that the basic act confers implementing powers on the Commission relating to programmes with substantial budgetary implications, the examination procedure should apply.
Amendment 6 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The Chair of the relevant committee should endeavour to find solutions which command the widest possible support within the committee or the appeal committee and should explain in which manner the discussions and suggestions for amendments have been taken into account. For that purpose the Commission should pay particular attention to the views expressed within the committee or the appeal committee as regards draft definitive anti-dumping or countervailing measures.
Amendment 7 #
Proposal for a regulation
Recital 9 c (new)
Recital 9 c (new)
(9c) When considering the adoption of other draft implementing acts concerning particularly sensitive sectors, notably taxation, consumers’ health, food safety and protection of the environment, the Commission, in order to find a balanced solution, will as far as possible act in such a way as to avoid going against any predominant position which might emerge within the appeal committee against the appropriateness of an implementing act.
Amendment 8 #
Proposal for a regulation
Recital 10
Recital 10
(10) The advisory procedure should as a general rule apply in all other cases and where it is considered to be most appropriate.
Amendment 9 #
Proposal for a regulation
Recital 12
Recital 12
(12) The European Parliament and the Council should be keptpromptly informed of committee proceedings on a regular basis.
Amendment 10 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The European Parliament or the Council should be able at any time to indicate to the Commission that they consider a draft implementing act to exceed the implementing powers provided for in the basic act, taking into account their rights relating to the review of the legality of Union acts.
Amendment 11 #
Proposal for a regulation
Recital 13
Recital 13
(13) Public access to information on committee proceedings should be ensured in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1. _______________________ 1 OJ L 145, 31.5.2001, p. 43.
Amendment 12 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) A register containing information on committee proceedings should be kept by the Commission. Consequently, rules relating to the protection of classified documents applicable to the Commission should also apply to the use of the register.
Amendment 13 #
Proposal for a regulation
Recital 14
Recital 14
(14) Decision 1999/468/EC should be repealed. In order to ensure the transition between the regime provided for in Decision 1999/468/EC and this Regulation, any reference in existing legislation to the procedures provided for in that Decision should, with the exception of the regulatory procedure with scrutiny provided for in Article 5a thereof, be understood as a reference to the corresponding procedures provided for in this Regulation. The transitional measures laid down in Article 10 should not prejudge the nature of the acts concerned. The effects of Article 5a of Decision 1999/468/EC should be provisionally maintained for the purposes of existing basic acts which refer to that Article.
Amendment 14 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding Union act (hereinafter a "basic act") identifies the need for uniform conditions of implementation and consequently requires that the adoption of binding implementing acts by the Commission be subject to the control of Member States.
Amendment 15 #
Proposal for a regulation
Article 2
Article 2
1. A basic act may provide for the application of the examinationadvisory procedure or the advisoryexamination procedure, accord taking into the type of implementing measures concernaccount the nature or the impact of the implementing acts required. 2. The examination procedure may only applyapplies, in particular, for the adoption of: (a) Implementing measureacts of general scope; (b) Other implementing measureacts relating to: i) common agricultural and common fisheries policies; ii) environment, security and safety or protection of the health or safety of humans, animals or plants; iii) common commercial policy. 3. For all other implementing measures, and for implementing measures referred to in paragraph 2 where it is considered to be appropriate, the advisory procedure shall apply; iiia) taxation; iiib) programmes with substantial budgetary implications. 3. The advisory procedure applies, as a general rule, for the adoption of implementing acts not falling within the ambit of paragraph 2, but it may also apply, in duly justified cases, for the adoption of the implementing acts referred to in that paragraph.
Amendment 16 #
Proposal for a regulation
Article 3
Article 3
1. Where a basic act provides for the application of the procedures referred to in Articles 4, 5 and 6, the provisions set out in paragraphs 2 to 6 of this Article shall apply. 2. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by a representative of the Commission. 3. The chairperson shall submit to the committee a draft of the measures to be taken. 4. The committee shall examine the draft measures. Until an opinion has been delivered, the chairperson may present amended versions of the draft measures in order to take into account the discussions within the committee. For that purpose, the chairperson may convene several meetings of the committee. The committee shall deliver its opinion on the draft within a time-limit which the chairperson may lay down according to the urgency of the matter. 5. The chairperson may obtain the committee’s opinion by written procedure. He or she shall send the committee members the draft measures on which their opinion is sought and shall lay down a time-limit according to the urgency of the matter. Any committee member who does not explicitly oppose or abstain before the time-limit laid down expires is considered to have given their tacit agreement to the draft measures. Within the time-limit laid down in accordance with the previous subparagraph, any committee member may ask for the written procedure to be terminated and for the draft measures to be examined at a committee meeting. The chairperson may decide to maintain the written procedure or to terminate the written procedure without result, in which case a committee meeting shall be convened as soon as possible. 6. The committee’s opinion shall be recorded in the minutes. Each Member State may ask to have its position recorded in the minutes. to 6, paragraphs 2 to 7 of this Article shall apply. 2. The Commission shall be assisted by a committee composed of representatives of Member States. The committee shall be chaired by a representative of the Commission. The Chair shall not take part in the committee vote. 3. The Chair shall submit to the committee a draft of the acts to be adopted by the Commission. Except in duly justified cases, he or she shall convene a meeting not less than 14 days from the submission to the committee of the draft of the acts to be adopted and of the draft agenda. The committee shall deliver its opinion on the draft within a time-limit which the Chair may lay down according to the urgency of the matter. Time-limits shall be proportionate and shall offer representatives of the Member States early and effective opportunities to examine the draft acts and express their views. 4. Until the committee delivers an opinion, any committee member may suggest amendments and the Chair may present amended versions of the draft acts. The Chair shall endeavour to find solutions which command the widest possible support within the committee. He or she shall inform the committee of the manner in which the discussions and suggestions for amendments have been taken into account, in particular as regards those suggestions which are largely supported within the committee. 5. In duly justified cases, the Chair may obtain the committee’s opinion by written procedure. He or she shall send the committee members the draft acts and shall lay down a time-limit according to the urgency of the matter. Any committee member who does not explicitly oppose or abstain before the expiry of that time-limit shall be considered to have given his or her tacit agreement to the draft acts. Unless otherwise provided in the basic act, the written procedure shall be terminated without result where, within the time-limit referred to in the first subparagraph, the Chair so decides or a committee member so requests. In such a case, the Chair shall convene a committee meeting within a reasonable time. 6. The committee’s opinion shall be recorded in the minutes. Each member of the committee shall have the right to ask to have his or her position recorded in the minutes. The Commission shall send the minutes to the committee members without delay. 6a. Where applicable, the control mechanism includes referral to an appeal committee. The appeal committee shall adopt its own rules of procedure by simple majority, on a proposal from the Commission. Where the appeal committee is seised, it shall meet at the earliest 14 days, except in duly justified cases, and at the latest six weeks, after the date of referral. Without prejudice to paragraph 3, the appeal committee shall deliver its opinion within two months from the date of referral. A representative of the Commission shall chair the meetings of the appeal committee. The Chair shall set the date of the appeal committee meeting in close cooperation with the members of the committee, in order to enable Member States and the Commission to ensure an appropriate level of representation. The Commission shall convene the first meeting of the appeal committee within one month after the entry into force of this Regulation in order to adopt its rules of procedure. Or. en (note: the change from "chairperson" to "Chair" should be effected throughout the text.)
Amendment 17 #
Proposal for a regulation
Article 4
Article 4
1. TWhere the advisory procedure applies, the committee shall deliver its opinion, ifwhere necessary by taking a vote. If the committee takes a vote, the opinion shall be delivered by tha simple majority laid down in Article 238(1) of the Treatyof its component members. 2. The Commission shall decide on the measures to be taken, taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered. It shall inform the committee of the manner in which the opinion has been taken into account.
Amendment 18 #
Proposal for a regulation
Article 5
Article 5
1. The committee shall deliver its opinion by a qualified majority as provided for in Article 16(4) and (5) of the Treaty on European Union. 2. If the draft measures are in accordance with the opinion of the committee, the Commission shall adopt these measures, unless exceptional circumstances or new elements have arisen which would justify the measures not being adopted. In such cases, the chairperson may submit to the committee a new draft of the measures to be taken. 3. If the draft measures are not in accordance with the opinion of the committee, the Commission shall not adopt those measures. The chairperson may submit to the committee the draft measures for further deliberation or submit an amended version of the draft measures. 4. If no opinion is delivered, the Commission may adopt the draft measures. Where the Commission does not adopt the draft measures, the chairperson may submit to the committee an amended version of the draft measures. 5. By derogation from paragraph 3, the Commission may adopt draft measures which are not in accordance with the opinion of the committee where their non adoption within an imperative deadline would create a significant disruption of the markets or a risk for the security or safety of humans or for the financial interests of the Union. In such a case the Commission shall immediately inform the committee of its reasons for adopting the measures and may submit them to a second deliberation of the committee. If the measures adopted are not in accordance with the second opinion of the committee, or if the measures have not been submitted to a second deliberation within a month after their adoption, the Commission shall repeal the measures forthwith. If the measures are in accordance with the second opinion of the committee, or if no opinion is delivered, those measures shall remain in forceWhere the examination procedure applies, the committee shall deliver its opinion by the majority laid down in Article 16(4) and (5) of the Treaty on European Union and, where applicable, 238(3) of the Treaty on the Functioning of the European Union, for acts to be adopted on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in those Articles. 2. If the committee delivers a positive opinion, the Commission shall adopt the draft acts. 3. Without prejudice to Article 5b, if the committee delivers a negative opinion, the Commission shall not adopt those acts. Where implementing acts are deemed to be necessary, the Chair may either submit the draft acts within one month to the appeal committee for further deliberation or submit to the committee within two months an amended version of the draft acts. 4. If no opinion is delivered, the Commission may adopt the draft acts, except in the case provided for in the next subparagraph. Where the Commission does not adopt the draft acts, the Chair may submit to the committee an amended version of the draft acts. Without prejudice to Article 5b, the Commission shall not adopt the draft acts where: – the measures concern taxation, financial services, the protection of the health or safety of humans, animals or plants, or definitive multilateral safeguard measures, or – the basic act so provides, or – a simple majority of the component members of the committee opposes them. In any of the cases referred to in the second subparagraph, where implementing acts are deemed to be necessary, the Chair may either submit the draft acts within one month to the appeal committee for further deliberation or submit to the committee within two months an amended version of the draft acts. 5. By way of derogation from paragraph 4, the following procedure shall apply for the adoption of definitive antidumping or countervailing measures, in cases where no opinion is delivered within the examination committee and a simple majority of its component members opposes the draft act. The Commission shall conduct consultations with the Member States. Fourteen days at the earliest and one month at the latest after the meeting of the committee, the Commission shall inform the committee members of the results of those consultations and submit a draft act to the appeal committee. By way of derogation from Article 3(6a), the appeal committee shall meet 14 days at the earliest and one month at the latest after the submission of the draft act. The appeal committee shall deliver its opinion in accordance with Article 5a. The time- limits laid down in this paragraph are without prejudice to the need to ensure that the deadlines laid down in the relevant basic acts are respected.
Amendment 19 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 20 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5b Adoption of acts in exceptional cases By way of derogation from Article 5(3) and the second subparagraph of Article 5(4), the Commission may adopt the draft acts where they need to be adopted without delay in order to avoid creating a significant disruption of the markets in the area of agriculture or a risk for the financial interests of the Union within the meaning of Article 325 of the Treaty on the Functioning of the European Union. In such a case the Commission shall immediately submit the adopted acts to the appeal committee. Where the appeal committee delivers a negative opinion on the adopted acts, the Commission shall repeal those acts forthwith. Where the appeal committee delivers a positive opinion or delivers no opinion, those acts shall remain in force.
Amendment 21 #
Proposal for a regulation
Article 6
Article 6
1. By way of derogation from Articles 4 and 5, a basic act may provide that, on duly justified imperative grounds of urgency, the provisions set out in paragraphs 2 to 5 of this Article shall apply. 2. The Commission shall adopt measureacts which shall apply immediately. 3. The chairperson shall without delay and shall remain in force for a period not exceeding six months unless the basic act provides otherwise. 3. At the latest 14 days after their adoption, the Chair shall submit the measureacts referred to in paragraph 2 to the relevant committee in order to obtain its opinion in accordance with the procedure provided for in the basic act. 4. In the case of the examination procedure, where the measures are not in accordance with the opinion of the committee pursuant to Article 5(3). 4. In the case of the examination procedure, where the committee delivers a negative opinion, the Commission shall immediately repeal the measureacts adopted in accordance with paragraph 2. 5. By way of derogation from paragraph 4, the Commission may maintain the measures in force on grounds related to the protection of the environment Where the Commission adopts provisional anti-dumping or countervailing measures, the procedure provided for ofin the health or safety of humans, animals or plants, the conservation of marine resources, for security and safety reasons, or to avoid disruption or threat of disruption of the marketis Article shall apply. The Commission shall take provisional action after consulting or, in cases of extreme urgency, after informing the Member States. In thoseis cases, the chairpersconsultations shall without delay either resubmit to the committee the same measures for a second deliberation or submit an amended version of the measures. The measures referred to in paragraph 2 shall remain in force until they are repealed or replaced by another implementing acttake place ten days, at the latest, after notification to the Member States of the action taken by the Commission.
Amendment 22 #
Proposal for a regulation
Article 7
Article 7
1. Each committee shall adopt by a majority of its component members its own rules of procedure on the proposal of its cChairperson, on the basis of standard rules which shall be drawn up by the Commission after consultation with Member States. Such standard rules shall be published by the Commission in the Official Journal of the European Union. In so far as necessary existing committees shall adapt their rules of procedure to the standard rules. 2. The principles and conditions on public access to documents and the rules on data protection applicable to the Commission shall apply to the committees.
Amendment 23 #
Proposal for a regulation
Article 8
Article 8
1. The Commission shall keep a register of committee proceedings which shall contain: (-aa) a list of committees, (a) the agendas of committee meetings, (b) the summary records, together with the lists of the authorities and organisations to which the persons designated by the Member States to represent them belong, (c) the draft measureacts on which the committees are asked to deliver an opinion, (d) the voting results of voting, (e) the final draft measureacts following the opinion of the committees, (f) the information concerning the final adoption of the measureacts by the Commission, and (g) statistical data on the working of the committees. 1a. The Commission shall also publish an annual report on the work of the committees. 2. The European Parliament and the Council shall have access to the information referred to in paragraph 1. in accordance with the applicable rules. 2a. At the same time as they are sent to the committee members, the Commission shall make available to the European Parliament and the Council the documents referred to in points (a), (c) and (e) of paragraph 1 whilst also informing them of the availability of such documents. 3. The references of all documents referred to in points (a) to (f) of paragraph 1 as well as the information referred to in point (g) of paragraph 1 shall be made public in the register.
Amendment 24 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Right of scrutiny for the European Parliament and the Council Where the basic act is adopted under the ordinary legislative procedure, the European Parliament or the Council may at any time indicate to the Commission that they consider a draft implementing act to exceed the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft measure in question, taking account of the positions expressed, and shall inform the European Parliament and the Council whether it intends to maintain, amend or withdraw the draft implementing act.
Amendment 25 #
Proposal for a regulation
Article 9
Article 9
Decision 1999/468/EC shall be repealed. The effects of Article 5a of the repealed DecisionDecision 1999/468/EC shall be maintained for the purposes of existing basic acts making reference thereto.
Amendment 26 #
Proposal for a regulation
Article 10
Article 10
Article 10 Article 10 Transitional provisions: adaptation of existing basic acts 1. Where basic acts adopted before the entry into force of this Regulation provide for the exercise of implementing powers by the Commission in accordance with Decision 1999/468/EC, the following rules shall apply: (a) where the basic act makes references to Article 3 of Decision 1999/468/EC shall be understood as references to Article 4 of this Regulation; (b), the advisory procedure referred to in Article 4 of this Regulation shall apply; (b) where the basic act makes references to Articles 4 and 5 of Decision 1999/468/EC shall be understood as references to Article 5 of this Regulation; (c), the examination procedure referred to in Article 5 of this Regulation shall apply; (ba) where the basic act makes references to Article 64 of Decision 1999/468/EC shall be understood a, the second and third subparagraphs of Article 5(4) shall not apply; (bb) where the basic act makes references to Article 65 of this RegulationDecision 1999/468/EC, that basic act shall be considered to be the basic act within the meaning of the second subparagraph, second indent of Article 5(4); (dc) where the basic act makes references to Articles 7 and 8 6 of Decision 1999/468/EC shall be understood as references to, Article 6 of this Regulation shall apply; (d) where the basic act makes reference to Articles 7 and 8 of Decision 1999/468/EC, Articles 8 and 8a of this Regulation shall apply. 2. Articles 3 and 7 of this Regulation shall apply to all existing committees for the purposes of paragraph 1. 2a. Article 5b of this Regulation shall apply only to existing procedures which make reference to Article 4 of Decision 1999/468/EC. 2b. The transitional provisions laid down in this Article shall not prejudge the nature of the acts concerned.
Amendment 27 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Review clause No later than five years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals.
Amendment 28 #
Proposal for a regulation
Article 12
Article 12
This Regulation shall enter into force on 1 October 2010. Article 10 of this Regulation shall apply from 1 DecemberMarch 20101. This Regulation is binding in its entirety and directly applicable in all Member States.