Activities of Sajjad KARIM related to 2012/2323(INI)
Shadow reports (1)
REPORT on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers PDF (336 KB) DOC (187 KB)
Shadow opinions (1)
OPINION on the Follow-up of the Delegation of Legislative Powers and the Control by Member States of the Commission’s Exercise of Implementing Powers
Amendments (9)
Amendment 1 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that while the co-legislators may not always share the same understanding of the essential elements of the two type of acts, Parliament should continue to strassess that politically sensitive issues that could supplement the basic act cannot be dealt with by meanse appropriateness of either delegated ofr implementing acts, as this would affect Parliament's right of scrutiny in a negative way on the basis of legal criteria, rather than a political judgement;
Amendment 3 #
Motion for a resolution
Recital E
Recital E
E. whereas legislative negotiations on many files have shown divergent interpretations among the institutions on certain issues; whereas, in accordance with Rule 37a of its Rules of Procedure, Parliament's committees may request an opinion from the Committee on Legal Affairs when scrutinising a proposal which contains delegated acts; whereas the Conference of Presidents on 13 January 2012 endorsed a common line, and on 19 April 2012 endorsed a horizontal approach to be followed by individual committees in order to overcome differences of opinion; whereas that common line needs to be taken one step further by Parliament setting out its own criteria for the application of Articles 290 and 291 TFEU and by endeavouring to agree on such criteria with the Council and the Commission;
Amendment 4 #
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Considers that the following criteria should be followed by Parliament in applying Articles 290 and 291 TFEUParliament and Council should assess the appropriateness of either delegated or implementing acts on the basis of legal criteria, rather than a political judgement; nevertheless, where the legal parameters of delegated and implementing acts allow, considers that the choice of delegated or implementing acts may be made on a case-by-case basis, reflecting policy needs; in this regard, believes the following criteria may be helpful:
Amendment 7 #
Motion for a resolution
Paragraph 1 – indent 4
Paragraph 1 – indent 4
Amendment 8 #
Motion for a resolution
Paragraph 1 – indent 5
Paragraph 1 – indent 5
- Measures designed to lay down (further) conditions, criteria or requirements to be met - the fulfilment of which must be ensured by the Member States or other persons or entities directly concerned by the legislation - will, by definition,- may alter the content of the legislation and add new rules of general application. Consequently, the creation of such further rules or criteria may be accomplished only by means of a delegated act. By contrast, the implementation of the rules or criteria already established in the basic act (or in a future delegated act), without modifying the substance of the rights or obligations stemming from them and without making further policy choices, can take place through implementing acts.
Amendment 10 #
Motion for a resolution
Paragraph 1 – indent 7
Paragraph 1 – indent 7
Amendment 12 #
Motion for a resolution
Paragraph 1 – indent 11
Paragraph 1 – indent 11
Amendment 15 #
Motion for a resolution
Paragraph 1 – indent 12
Paragraph 1 – indent 12
- Authorisations can be measures of general application. This is for instance the case where decisions concern the authorisation or prohibition of the inclusion of a specific substance in food, cosmetics etc. Those decisions are general because they concern any operator willing to use such substance. In such cases, if the Commission decision is fully based on criteria contained in the basic act, it should be an implementing act, provided that the legislator did not choose to keep the authorisations as an integral part of the basic act in the form of an Annex; if it adds new normative content affecting the substance of the rights and obligations and thereby adding secondary political orientation or policy choices to the basic act, thus supplementing it, it should be a delegated act, subject to a time-limited period and review.
Amendment 17 #
Motion for a resolution
Paragraph 1 – indent 14
Paragraph 1 – indent 14