Legal provisions of COM(2017)85 - Amendment of Regulation (EU) No 182/2011 on the rules and principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

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dossier COM(2017)85 - Amendment of Regulation (EU) No 182/2011 on the rules and principles concerning mechanisms for control by Member States of ...
document COM(2017)85 EN
date February 14, 2017

Contents

Article 1

Regulation (EU) No 182/2011 is amended as follows:


(1) in Article 3(7), the following sixth subparagraph is added:

"Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair may decide that the appeal committee shall hold a further meeting, at ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral. ";


(2) Article 6 is amended as follows:

(a) in paragraph 1, the following second subparagraph is added:

"However, only members of the appeal committee who are present or represented at the time of the vote, and do not abstain from voting, shall be considered as participating members of the appeal committee. The majority referred to in Article 5(1) shall be the qualified majority referred to in Article 238(3) (a) TFEU. A vote shall only be considered to be valid if a simple majority of the Member States are participating members.";


(b) the following paragraph 3a is inserted:

"3a. Where no opinion is delivered in 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 Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral.";


(3) Article 10 is amended as follows:

(a) in paragraph 1, point (e) is replaced by the following:

"(e) the voting results including, in the case of the appeal committee, the votes expressed by the representative of each Member State; ";

(b) paragraph 5 is replaced by the following:

"5. The references of all documents referred to in points (a) to (d), (f) and (g) of paragraph 1 as well as the information referred to in points (e) and (h) of that paragraph shall be made public in the register."

Article 2

This Regulation 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.

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.