16 Amendments of Antolín SÁNCHEZ PRESEDO related to 2008/2103(INI)
Amendment 1 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the important role that regulatory agencies can play as distinct and auxiliary bodies of the Community institutions and the Member States with legal personality for the continuous performance of specific tasks in the area of EU competences and in the area of cooperation within the EU;
Amendment 2 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that regulatory agencies must be established in line with uniform criteria and that their design and functioning must comply with the common principles of institutional balance, good governance and good administration;
Amendment 3 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points out that the set up of a regulatory agency must be established through a legislative act and justified on grounds of necessity, efficacy and proportionality; when undertaking a mission in the area of shared competences between the EU and the Member States, it must also be justified according to the principle of subsidiarity;
Amendment 4 #
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that for regulatory agencies to have a legitimate role in the EU they must adhere to a framework incorporating a clear mandate and an efficient administrative and executive structure; considers that the force of their acts derives from the underlying legislative act that created the agencies and that these acts will not have legislative character unless they are subsequently adopted by the institutions through the appropriate legislative procedure;
Amendment 6 #
Draft opinion
Paragraph 3
Paragraph 3
3. Echoes the concern of the Commission that, in the absence of a clear framework and clearly defined mandates, regulatory agencies may stray into areas of responsibility of policy-making branches of the EUbeyond their remit;
Amendment 8 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that the principles of good governance require that the following be fully guaranteed: independence, democratic control, transparency and the participation of stakeholders in the functioning of the regulatory agency;
Amendment 9 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that independence regarding the functioning of the agency must be based on the following conditions: suitability and the competence of its members, the objectivity and impartiality of their performance, the prohibition of any instruction or recommendation, the existence of strict rules to avoid incompatibilities and conflicts of interest, the need for a very high level of loyalty and transparency, the periodical rotation and the possibility of removing its members, the establishment of rules and codes with the stakeholders, the pursuit of illegal behaviour or any other interferences, and the establishment of other appropriate mechanisms;
Amendment 10 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Declares that in order to ensure democratic control of the regulatory agencies effective legal, economic, political and citizens' control are required;
Amendment 11 #
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that all agencies must have a proper democratic accountability towards the EU institutions, must be established with respect for the Meroni judgement*1 and must at all times operate with respect for the principles of subsidiarity and proportionality; 1 Case 9/56 Meroni v High Authority [1957/58] ECR 133.proportionality and, when their mission deals with issues in the area of shared competences, with respect for the principle of subsidiarity; Or. en
Amendment 12 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers it to be of the utmost importance to strengthen the role of the Parliament in the functioning of agencies, guaranteeing its participation in the processes of appointment and removal of the members responsible as well as the exercise of regular and systematic control over the fulfilment of the remit entrusted to them;
Amendment 14 #
Draft opinion
Paragraph 5
Paragraph 5
5. Questions the necessity of establishing regulatory agencies when they do not add value in areas already covered by national or independent regulatory agencies; believes, ratherwhen this is the case, that resources should be spent on strengthening national bodies and that consultation and exchange of best practice should take place in the framework of network structures or of Community fora;
Amendment 16 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is of the view that the transparency of the regulatory agencies must be ensured, in particular as regards their functioning, the disclosure and accessibility of information, and the programming and accountability of their actions;
Amendment 17 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that participation in the activity of the regulatory agencies will have to be ensured by formally structuring the processes of consultation and dialogue with the stakeholders;
Amendment 18 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Advocates that the principles of good administration must be ensured by a common approach regarding personnel selection processes, budgeting and resources administration, efficient management and performance evaluation;
Amendment 19 #
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the Commission's decision not to propose any new regulatory agencies until the end of 2009 when an evaluation to this end ismust be completed; questionsupports, however, the decision to proceed with the proposal in the fields of energy and telecoms whilethat, as for the existing agencies, must comply with the general framework that establishes the role, structure, mandate, accountability, legitimacy, and transparency of regulatory agencies are being questioned;
Amendment 21 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for cooperation among regulatory agencies within the EU and for consideration, in the annual horizontal report on the agencies, of the possibility of consolidating those agencies with similar responsibilities so that they can function jointly, as well as abolishing those that have lost their raison d'être;