19 Amendments of Marie TOUSSAINT related to 2017/0035(COD)
Amendment 16 #
Proposal for a regulation
Recital 2
Recital 2
(2) The system established by Regulation (EC) No 182/2011 has, overall, proven to work well in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved. That system should therefore continue to function unchanged except for certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee. These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts and to take greater account of the precautionary principle without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011.
Amendment 20 #
Proposal for a regulation
Recital 7
Recital 7
(7) While the Commission is currently empowered to decide in such cases, due to the particular sensitivity of the issues at stake, Member States should also fully assume theigreater responsibility in the decision- making process. This, however, is not the case whenWhere the act concerns the protection of the environment, as well as the protection of the health or safety of humans, animals, or plants, greater weight should be given to the precautionary principle. When, in such cases, Member States are not able to reach a qualified majority, due to, amongst others, a significant number of absten in favour of proposals to grant authorisations for non-appearances at the moment of the votea product or substance, authorisation should be deemed to have been refused.
Amendment 24 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to increase the added value of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever, to reduce the risk of no opinion isbeing delivered. The appropriate level of representation at the further meeting of the appeal committee should be ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended and to provide an incentive for Member States to take a clear position, qualified-majority voting should apply.
Amendment 28 #
Proposal for a regulation
Recital 9
Recital 9
(9) The voting rules for the appeal committee should be changed in order to reduce the risk of no opinion being delivered and to provide an incentive for Member State representatives to take a clear position. To this end only Member States which are present or represented, and which do not a, a product or substain,nce should be considered as participating Member States for the calculation of the qualified majority. In order to ensure that the voting outcome is representative a vote should only be considered valid if a simple majority of thedeemed to be authorised only if Member States are participating members of the appeal committee. If the quorum is not reached before expiry of the time-limit for the committee to take a decision, it will be considered that the committee delivered no opinion, as is the case todaach a qualified majority.
Amendment 32 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should have the possibility, in specific cases, to ask the European Parliament and the Council to indicate itstheir views and orientation on the wider implications of the absence of an opinionoutcome of the vote in the appeal committee, including the institutional, legal, political and international implications. The Commission should take account of any position expressed by the European Parliament and by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralThe position expressed by the Council should also be sent to the European Parliament without undue delay.
Amendment 34 #
Proposal for a regulation
Recital 11
Recital 11
(11) Transparency onshould be increased throughout the legislative process, including the appeal committee's examination procedure. In particular, the votes of Member State representatives at the appeal committee level should be increased and the individual Member State representatives' votes should be made public. Where the act concerns particularly sensitive sectors, such as the protection of consumers, the health or safety of humans, animals or plants, or the protection of the environment, greater importance should be given to the precautionary principle. Substantive reasons for votes on those sensitive acts should be given by each Member State representative. The Commission should also provide information on the composition of committees, including the persons present and the authorities and organisations to which those persons belong, as well as the agendas of the meetings and the documents and texts being discussed.
Amendment 39 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where it appears that it would be difficult to obtain positive opinions from the Member States in relation to several similar draft implementing acts, consideration should be given to reviewing the implementing powers conferred on the Commission in the relevant basic acts.
Amendment 42 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The transparency and accessibility of the register should be further enhanced, in particular by adding more information related to the decision- making process, and by improving its search functions.
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
Article 3 – paragraph 7 – subparagraph 6
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) No 182/2011
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3a
Article 6 – paragraph 3a
3a. Where no opinion ishas been delivered inby the appeal committee, the Commission may refer the matter to the Council for an opinion indicating its views and orientation on the wider implications of the absence of opinion, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Councilask the European Parliament and the Council to express their views on the wider implications of the outcome of the vote in the appeal committee. Those expressions of views shall be delivered within 3three months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralof the Commission’s request.
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(ba) the following paragraph is inserted: “4a. By way of derogation from paragraph 3, where the basic act concerns the protection of the health or safety of humans, animals or plants and the draft implementing act provides for the grant of authorisations for a product or substance, such authorisations shall be approved only if the vote in accordance with paragraph 1 results in a positive opinion. This paragraph shall be without prejudice to the right of the Commission to propose a modified draft implementing act concerning the same subject matter.”
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Regulation (EU) No 182/2011
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the agendas of committee meetings;-a) in paragraph 1, point (b) is replaced by the following: “(b) the agendas of committee meetings, including drafts of text to be decided upon and documents being discussed;”
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Regulation (EU) No 182/2011
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(-a) in paragraph 1, point (c) is replaced by the following: “(c) the summary records, together with the lists of the persons present and the authorities and organisations to which those persons designated by the Member States to represent them belong;”
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) No 182/2011
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the voting results including, in the case of the appeal committee, the votes expressed by the representative of each Member Sta, broken down by representative of each Member State, together with the reasons for the vote;
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EU) No 182/2011
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The references of all documents referred to in points (a) to (d), (f) and (g) of paragraph 1 as well as theAll documents and information referred to in points (e) and (h) of that paragraph 1 shall be made public in the register.
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) No 182/2011
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(ba) the following paragraph is added: “5a. For the purpose of greater transparency and accessibility, the Commission shall ensure that the search functions of the register enable the search by policy area.”
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 182/2011
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
(3a) in Article 11, the following paragraph is added: “In addition, where either the European Parliament or the Council considers it to be appropriate to review the conferral of implementing powers on the Commission in the basic act, it may, at any time, call on the Commission to submit a proposal to amend that basic act.”
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Rregulation shall not apply to pending procedures on which the appeal committee has already delivered an opinion on the date of entry into force of this Regulation.