What changed between the plenary report and the adopted text

Removed:EXPLANATORY STATEMENT

Removed:On 14 February 2017, the European Commission submitted a proposal (COM(2018)85final) to reform the EU comitology system (Regulation (EU) No 182/2011). It aims at enhancing the transparency and accountability of implementation of EU law in certain highly contentious policy areas by the following measures:

Removed: changing the voting rules at the last stage of the comitology procedure (the so called Appeal Committee), so that only votes in favour or against an act are taken into account. The aim is to reduce the use of abstentions and the number of situations where the Committee is unable to take a position and the Commission is obliged to act without a clear mandate from the Member States.

Removed: involving national Ministers by allowing the Commission to make a second referral to the Appeal Committee at Ministerial level if national experts do not take a position.

Removed: increasing voting transparency at the Appeal Committee level.

Removed: ensuring political input by enabling the Commission to refer the matter to the Council of Ministers for an Opinion if the Appeal Committee is unable to take a position.

Removed:Overall, the rapporteur welcomes the Commission’s proposal but also would like to underline that in most cases the current system works properly so that the proposal of the Commission concerns only a minor, however sensitive segment of the cases submitted to the committees.

Removed:Nevertheless, examples from recent practice show that the current mechanism could be improved in order to increase certainty and transparency in the procedure. Environmental protection but also other fundamental issues such as health and food safety are crucial areas where Member States should show political accountability and must act transparently so that citizens are aware of not only their decisions but also of the reasons lying behind.

Removed:According to the Treaty of the European Union decisions shall be taken as openly and as closely as possible to the citizen. (Article 10(3) TEU). EU institutions shall aim to promote the European values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions (Article 13 TEU). The European Union builds on the fundamental principle of the rule of law – of which transparency is the core element – and institutions must be at the forefront of adhering to it.

Removed:We need to take steps to proactively deliver on increased transparency and accountability, in order to maintain and enhance the trust of European citizens in the processes of the EU institutions and in particular in the comitology procedure.

Removed:The rapporteur’s aim is to improve the system in this regard. Therefore the rapporteur proposes the following elements, also taking into consideration the positions adopted by the opinion-giving committees of the European Parliament.

Removed:- There is a general need to improve citizens' awareness of procedures related to implementing acts. In order to increase trust in the EU institutions it is instrumental not only to inform citizens about taking decisions but also to explain the reasons behind them.

Removed:- To this end, it is necessary that Member States accompany their vote - whether it is for or against - or abstention by a justification, irrespective of the outcome of the vote.

Removed:- Further meetings of the appeal committee called by its chair in case of no opinion should be held at a sufficiently high political level such as the ministerial level. The Rules of Procedure of the Appeal Committee already foresee the possibility of convening a meeting of the appeal committee at ministerial level (Article 1(5), second subparagraph). Moreover this amendment is also in accordance with Article 5 of the Rules of Procedure of the Appeal Committee.

Removed:- It is necessary to increase the accessibility of the comitology register and to apply changes to its content, which will allow citizens to know not only the formal elements of the procedure but also the reasons for the decisions of the Member States. Improving the search functions of the registry is essential in this regard.

Removed:- It is of utmost importance to ensure that the European Parliament is informed about each case when the Commission refers a matter to the Council of Ministers for an opinion in the absence of a clear position of the Appeal Committee. Political input provided by the Council of Ministers should be also shared with the European Parliament.

Removed:One important component of the political guidelines for the period 2019-2024 adopted by the new European Commission is to ensure greater transparency in the functioning of the institutions in order to increase citizens' faith in the Union. The rapporteur wishes to express his confidence that, in this spirit, the Commission will be able to promote some progress in the Council regarding the draft proposal.

Removed:19.3.2020