9 Amendments of Antolín SÁNCHEZ PRESEDO related to 2011/2323(INI)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that in the area of financial services the regulations on the European Supervisory Authorities (ESAs)1 introduce regulatory technical standards (RTS) and implementing technical standards (ITS) under which ESAs submit draft RTS and ITS to the Commission for adoption; takes the view that, given the technical expertise and specialist skills of the ESAs, delegation should take the form of RTS rather than ordinary delegated acts wherever possible; considers that also before the Commission adopts a delegated act it should alwaysadopting ordinary delegated acts the Commission should seek technical advice from the relevant ESA on the content of thatose acts;
Amendment 2 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasises that the choice of the correct legal instrument (legislative, delegated or implementing act or delegated act based on RTS) is not only a technical question; points out that in fact it is of the utmost importance to ensure that the legislature assumes full responsibility with regard to the essential elements and to the effective scrutiny of political decisions; notes that it can also be of considerable importance for the balance of power, the correctness and proper functioning of the decision- making process and the enforcement of policies that these various instruments are used in a way that complies with the criteria set out in the Treaty; stresses that the European Parliament should consequently pay particular attention to these aspects;
Amendment 3 #
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the co-legislators should always aim to clarify and frame the purpose and necessity of any delegation in the level 1 text, in particular with regard to setregulating outall essential policy choices which they wishelements and setting out the other aspects to sebe developed at the technical level; (Article 290 TFEU explicitly states that delegated acts can only supplement or amend non-essential elements of the legislative act)
Amendment 4 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Proposes that, in each parliamentary committee, the Chair, one of the Vice- Chairs or a relevant Member should be charged with supporting Members and guaranteeing coherence regarding delegated and implementing acts in coordination with the other committees; points out that the rapporteur for the basic act should automatically become the rapporteur for its follow-up and should report periodically to the committee;
Amendment 6 #
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that Parliament and Member StatesCouncil should be fully informed of the timeline and of the content of envisaged delegated measures; takes the view that the intention to endorse or reject a draft RTS or delegated act should be sent in writing to the Chair of Parliament's competent committee and to the rapporteur, giving reasons; holds that in the case of delegated acts the Commission must likewise inform Parliament and the Member States when it does not intend to follow ESA advice, specifying where and why it has chosen not to do so, and including where appropriate the result of public consultations and cost-benefit and legal analysis to support its decision; considers that there should be full transparency vis-à-vis all stakeholders on progress; observes that the Commission's interpretation of the Framework Agreement2 sometimes makes it difficult and cumbersome for Parliament experts to attend expert group meetings dealing with delegated acts and means that Parliament is not placed on an equal footing with Member States and the Council;
Amendment 10 #
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that in the recently adopted Capital Requirements Regulation (CRR) and Capital Requirements Directive (CRD) the time period for scrutinising RTS may be extended by a further month given their volume and complexity, and considers that this kind of flexibility should become a general rule; considers that deadlines for objections by Parliament to delegated acts adopted by the Commission need to be sufficiently long to allow for the full exercise of Parliament's rights of scrutiny, taking into account the plenary calendar and workload; takes the view that the standard deadline of two months, extendable by two months, as provided for the in the Common Understanding is not sufficiently long for complex matters and extensive delegated acts, which call for a longer scrutiny period to be set; recalls that the co-legislator has full discretion regarding the period of scrutiny to be set in the basic act; stresses, in this regard, that where the Common Understanding provides guidelines in relation to deadlines, it is in no way binding and therefore does not limit the legislator in this respect; points out that the legislator has set a period of scrutiny of three months, extendable by three months, for all delegated acts in the area of financial services, and considers that this practice should be extended to other areas of a complex nature;
Amendment 11 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that Parliament's recess periods during the summer break and at the end of the year, along with the end of the parliamentary term, need to be taken into account in the calendar for the adoption of delegated acts, so as to avoid situations where Parliament cannot exercise its scrutiny on account of a recess period or the end of the parliamentary term; considers that appropriate provisions to that effect should be included in the provisions empowering the Commission to adopt delegated acts; emphasises that the arrangements according to which no delegated act may be submitted during Parliament's recess periods should also apply to RTS; observes that, as an objection requires an absolute majority, votes in plenary on an objection to a delegated act should not take place on the Thursday of a Strasbourg plenary week, as an objection requires an absolute majoritybe carefully scheduled ;
Amendment 13 #
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it essfundamential that procedures and measures are put in place to coverduring the 2014 election period, when a number of RTS and delegated acts will need to be adopted, in particular on the recently adopted CRR legislation;
Amendment 15 #
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that it may also be necessary for ESAswhen ESAs need to be granted further time for consultation and for the development of RTS; takes the view, in this respect, that they should address Parliament's competent committee should be kept informeding of the reasons for the delay and the futureand of their foreseen timeline for adoption;