A9-0187/2020
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European Parliament 2019-2024 Plenary sitting A9-0187/2020 12.10.2020 ***I REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085 – C8-0034/2017 – 2017/0035(COD)) Committee on Legal Affairs Rapporteur: József Szájer RR\1215546EN.docx PE646.995v02-00 EN United in diversityEN PR_COD_1amCom Symbols for procedures * Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) Amendments to a draft act Amendments by Parliament set out in two columns Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column. The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. Amendments by Parliament in the form of a consolidated text New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted. PE646.995v02-00 2/76 RR\1215546EN.docx EN CONTENTS Page DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION .................................5 EXPLANATORY STATEMENT ............................................................................................18 OPINION OF THE COMMITTEE ON INTERNATIONAL TRADE....................................20 OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY .......................................................................................................................28 OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY.............39 OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT51 OPINION OF THE COMMITTEE ON CONSTITUTIONAL AFFAIRS...............................63 PROCEDURE – COMMITTEE RESPONSIBLE ...................................................................75 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE ....................................76 RR\1215546EN.docx 3/76 PE646.995v02-00 EN PE646.995v02-00 4/76 RR\1215546EN.docx EN DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085 – C8-0034/2017 – 2017/0035(COD)) (Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2017)0085), – having regard to Article 294(2) and Article 291(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0034/2017), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to Rule 59 of its Rules of Procedure, – having regard to the opinions of the Committee on International Trade, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Agriculture and Rural Development and the Committee on Constitutional Affairs, – having regard to the report of the Committee on Legal Affairs (A9-0187/2020), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Amendment 1 Proposal for a regulation Recital 2 Text proposed by the Commission Amendment (2) The system established by (2) Regulation (EC) No 182/2011has, Regulation (EC) No 182/2011 has, overall, overall, proven to work effectively in proven to work well in practice and struck practice and struck an appropriate RR\1215546EN.docx 5/76 PE646.995v02-00 EN an appropriate institutional balance as institutional balance as regards the roles of regards the roles of the Commission and the Commission and the other actors the other actors involved. That system involved. The main elements of the system should therefore continue to function can therefore continue to function unchanged except for certain targeted unchanged. However, the level of added- amendments concerning specific aspects of value provided by Regulation (EC) No procedure at the level of the appeal 182/2011 as regards an appropriate committee. These amendments are decision-making process has not been intended to ensure wider political entirely satisfactory. Certain targeted accountability and ownership of politically amendments concerning specific aspects of sensitive implementing acts without, procedure at the level of the appeal however, modifying the legal and committee seem, therefore, to be institutional responsibilities for necessary. These amendments are intended implementing acts as organised by to ensure wider political accountability and Regulation (EU) No 182/2011. ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011. An additional objective of this amending act is to improve Union citizens' awareness of procedures related to implementing acts. In order to increase trust in the Union’s institutions and bodies, it is essential not only to inform Union citizens about decision-making but also to explain the reasons behind the decisions of those institutions and bodies. Amendment 2 Proposal for a regulation Recital 3 Text proposed by the Commission Amendment (3) In a number of specific cases, (3) In a number of specific cases, Regulation (EU) No 182/2011 provides for Regulation (EU) No 182/2011 provides for referral to the appeal committee. In referral to the appeal committee. In practice, the appeal committee has been practice, particularly in relation to seized in cases where no qualified genetically modified organisms, majority, either in favour or against, was genetically modified food and feed and attained within the committee in the plant protection products, the appeal context of the examination procedure and committee has been seized in cases where thus no opinion was delivered. In the no qualified majority, either in favour or majority of cases this happened in against, was attained within the committee relation to genetically modified organisms in the context of the examination procedure and genetically modified food and feed PE646.995v02-00 6/76 RR\1215546EN.docx EN and plant protection products. and thus no opinion was delivered. Amendment 3 Proposal for a regulation Recital 3 a (new) Text proposed by the Commission Amendment (3a) As a consequence, only a very limited number of cases have been referred to the appeal committee as provided for in Regulation (EU) No 182/2011 and are therefore concerned by this amending act. Amendment 4 Proposal for a regulation Recital 4 Text proposed by the Commission Amendment (4) Experience has shown that, in the (4) Experience has shown that, in the vast majority of cases, the appeal vast majority of cases, the appeal committee repeats the outcome of the committee repeats the outcome of the examination committee and results in no examination committee and results in no opinion being delivered. The appeal opinion being delivered. The appeal committee has therefore not helped in committee has therefore not helped in providing clarity on Member State providing clarity on Member State positions. positions, or to overcome the absence of opinions in the examination procedure. Regulation (EU) No 182/2011 provides that the Commission may in such cases adopt the draft implementing act, leaving it to the Commission to determine on behalf of the Member States the need and how to ensure the effective implementation of the legislation. Amendment 5 Proposal for a regulation Recital 5 RR\1215546EN.docx 7/76 PE646.995v02-00 EN Text proposed by the Commission Amendment (5) Regulation (EU) No 182/2011 deleted provides that the Commission may in such cases adopt the draft implementing act, thus giving the Commission discretion. Amendment 6 Proposal for a regulation Recital 6 Text proposed by the Commission Amendment (6) That discretion is, however, (6) That discretion is, however, significantly reduced in cases relating to significantly reduced in cases relating to the authorisation of products or substances, the authorisation of products or substances, such as in the area of genetically modified such as in the area of genetically modified food and feed, as the Commission is food and feed, as the Commission