Explanatory Memorandum to COM(2020)221 - Temporary measures for time limits in collection, verification and examination stages in Regulation 2019/788 on the European citizens' initiative in view of COVID-19 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)221 - Temporary measures for time limits in collection, verification and examination stages in Regulation 2019/788 on the European ... |
|---|---|
| source | COM(2020)221  |
| date | 20-05-2020 |
1. CONTEXTOFTHE PROPOSAL
• Reasons for and objectives of the proposal
The COVID-19 pandemic has affected Member States and their citizens in an unprecedented way. In response to the pandemic, Member States have taken measures to stop or slow down COVID-19 transmission, including lockdown measures that have led to a near standstill of public life in almost all Member States.
The pandemic inevitably also has a serious impact on the European citizens’ initiative (ECI); a participative democracy instrument that depends on the engagement of citizens across the EU. The right to submit an ECI is enshrined in the Treaty on European Union (Article 11 i TEU). The national confinement measures and more generally the omnipresence of the pandemic make it currently nearly impossible for organisers to successfully continue their local campaigning activities and the collection of paper statements of support to help them gather the required statements within the set period of 12 months.
Member States and the European institutions have also certain obligations as regards the verification (including certification) of the validity of the collected statements of support and the examination of a successful initiative. These obligations are equally time-bound. Due to the exceptional circumstances stemming from the national measures taken in response to the unprecedented public health crisis caused by the COVID-19 pandemic, Member States and the European institutions may not be able to fulfil these obligations within the set legal time limits.
In order to preserve the efficacy of the European citizens’ initiative instrument during this pandemic and to provide reassurance and legal clarity to organisers of initiatives the collection, verification or examination of which is ongoing, it is necessary to adopt temporary measures that allow to extend the collection periods of these initiatives. Similar temporary measures should be taken to allow Member States to request the European Commission for an extension of the verification period in case their competent authorities due to the measures taken to combat the pandemic, cannot complete the verification in time. Likewise, the European Parliament and the European Commission should be allowed to postpone the public hearing and the meeting with the organisers until the public health situation in the country where they plan to organise these meetings, allows again to do so. The corresponding period for examining a valid initiative should be extended accordingly.
• Consistency with existing policy provisions in the policy area
The legislation concerned by this Regulation is Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative. That Regulation does not contain specific provisions which would allow extending the collection, verification and examination period of registered initiatives in situations as those caused by the COVID-19 crisis. It is therefore necessary to adopt relevant provisions in order to take into account the effect of the measures taken in response to the public health crisis caused by the COVID-19 pandemic and to provide legal certainty to groups of organisers and Member States authorities.
• Consistency with other Union policies
The substantial difficulties that organisers currently face, due to the Member States’ measures taken in response to the COVID-19 pandemic, to collect paper statements of support and to organise local campaigns to inform the public of their initiatives, could compromise their ability to reach the threshold of one million statements of support in at least seven Member States. This is a precondition to ask the European Commission to submit a proposal for a legal act of the Union on the subject matter for the purpose of implementing the Treaties. As a result, the efficacy of this participatory democracy instrument at Union level, which Union citizens has granted the right to submit a proposal for such a legal action, would be undermined. Like for other Union policies and legal instruments, impacted by the COVID-19 pandemic, it is therefore proposed to take temporary measures to counter these unforeseeable and exceptional impacts.
2. LEGALBASIS, SUBSIDIARITYAND PROPORTIONALITY
• Legal basis
The proposal concerns the applicable time limits for the collection, verification and examination phase in Regulation (EU) 2019/788. The adoption of that Regulation is based on Article 24 TFEU. Article 24 TFEU provides a specific legal basis for the European citizens’ initiative and the adoption by means of regulations of the provisions for the procedures and conditions required for a citizens' initiative within the meaning of Article 11 of the Treaty on European Union. Consequently, the proposal is also based on 24 TFEU.
• Subsidiarity (for non-exclusive competence)
The length of the relevant time limits for European citizens’ iniatives is defined in Regulation (EU) 2019/788. That Regulation in its current form does not provide for the necessary flexibility in the application of the time limits that would allow the groups of organisers, Member States and the European institutions to benefit from an extension of these time limits in case of exceptional circumstances such as that of a COVID-19 pandemic. Such extensions can only be achieved through provisions of Union law, i.e. in the form of temporary derogations.
• Proportionality
This Union action is necessary to achieve the objective of the proper functioning of the European citizens’ initiative provided for by Regulation (EU) 2019/788, given the magnitude of the effects caused by the Member States’ measures in response to the COVID-19 pandemic. The proposal is limited to targeted temporary measures, which are taken in response to the effects caused by the Member States’ measures in the context of the COVID-19 pandemic. The measures are limited to what is necessary to ensure legal certainty and to preserve the efficacy of the European citizens’ initiative as enshrined in the Treaty on European Union.
The Commission implementing powers for a further prolongation of the collection period in respect of affected intiatives is limited in scope and proportionate. It is subject to the objective, verifiable requirement that the measures taken by the Member States are or continue to be in place in a majority of Member States or in a number of Member States, representing more than 35% of the EU population. Likewise, the Commission only grants a Member State the authorisation to apply an extension of the verification period for a given initiative, if the Member State concerned demonstrates that due to the COVID measures in
place, it cannot complete the verification within the set period of three months. The Member State concerned shall submit a reasoned request for such an extension.
The proposed amendment is limited in time, under the assumption that the pandemic will have been overcome by the end 2022.
Choice
of the instrument
A Regulation is the appropriate instrument to introduce the necessary flexibilities in extending the legal time limits that apply to the collection, verification and examination stage of the European citizens’ initiative under Regulation (EU) 2019/788. The extension of those time limits requires an act of the Union of general application, which is binding and directly applicable in all Member States. A Regulation is also considered appropriate to provide the necessary legal basis for granting the Commission with implementing powers to prolong the collection period and the verification period upon request of the Member State concerned.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
ANDIMPACTASSESSMENTS
Ex-post evaluations/fitness
checks of existing legislation
Stakeholder
consultations
Given the urgency of the matter, formal stakeholder consultation has not been carried out. However, the proposal follows on a consultation with the Expert Group on the European Citizens’ initiative. A meeting was held on 30 April 2020 with the Expert Group, following a survey on the main outline of an amendment. The Commission also received several letters from organisers of ongoing initiatives during the pandemic, asking to find adequate and appropriate solutions - notably extension of time limits - to address their problems in the collection of the necessary statements of support. Similar requests have been received from Members of Parliament, including the Chair of the Committee on Constitutional Affairs.
Collection
and use of expertise
• Impact assessment
The proposed targeted temporary measures primarily aim at providing, for exceptional reasons in the context of the COVID-19 outbreak, extensions of the relevant periods in Regulation 2019/788. The measures apply for a relatively short period of time. Therefore, an impact assessment is not considered necessary.
Regulatory
fitness and simplification
N/A
Fundamental
rights
4. BUDGETARY IMPLICATIONS
proposal does not have budgetary implications.
Under Regulation (EU) 2019/788, the organisers have to put in place an online collection system for the online collection of statements of support. They can decide to set up such system themselves, but they can also use the central online collection system that is set up and managed by the Commission. For initiatives using the central online collection system, the extension of the collection period implies a longer continued use by the groups of organisers of the centralised collection system. As the system has been designed to host multiple initiatives at the same time, there are no additional costs of such continued use. An extension of the collection period does not require additional human resources within the Commission administration in handling these initiatives, as the obligations for the Commission laid down by Regulation (EU) 2019/788 with regard to the initiatives remain the same.
5. OTHERELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The implementation of the measures will be monitored and reported upon in the framework of the general reporting mechanisms established in Regulation (EU) 2019/788.
Explanatory documents (for directives)
Detailed
explanation of the specific provisions of the proposal
The proposed temporary measures concern Regulation (EU) 2019/788 on the European citizens’ initiative.
The proposal provides for an extension of the time limits for the collection of statements of support for initiatives registered under Regulation (EU) 2019/788 or under Regulation (EU) No 211/2011. The proposal also provides for the possibility for a Member State to request a prolongation of the verification period. A similar measure is proposed to prolong the examination period of a valid initiative, depending on the specific circumstances. The measures are temporary in nature, as these only apply until end 2022.
As regards the extension of the collection period, the proposal contains as a first temporary measure that the collection period is extended with six months for initiatives, for which the collection of statements of support was ongoing on 11 March 2020, the day on which the World Health Organization formally announced that the COVID-19 outbreak had become a worldwide pandemic. Since then, all Member States have taken measures to stop or slow down the pandemic, which substantially hampers the possibility for organisers of initiatives to do local campaigning and to collect paper statements of support.
The relevant provision is complemented by a Commission empowerment to prolong the collection period of these initiatives and of initiatives that started their collection at a later date, in case a majority of Member States, or a number of Member States representing more than 35% of the EU population (continue to) have in place such measures or in case of a new outbreak requiring Member States to take again such measures, affecting initiatives to the same extent. The empowerment is limited in time (only extensions of three months, with a maximum total collection period of 24 months), and based on objective criteria.
Implementing acts for the further prolongation of the collection period of initiatives the collection of which was already ongoing on 11 March 2020 or on the date of entry into force of this Regulation can only be adopted after this Regulation has entered into force. The
extension period of six months provided for in this Regulation provides sufficient time after its entry into force for the Commission to decide on a further prolongation of the collection period for these initiatives, if needed.
The proposal contains a specific temporary measure in case a Member State considers that due to the exceptional circumstances caused by the measures in its country, its national authority reasonably cannot complete the verification and certification of the statements of support within the three months period. In such a case, the Member State can submit a reasoned request to the Commission to extend this period, with a minimum of one month and a maximum of three months.
Several initiatives that are currently in the process of collecting statements of support have been registered under Regulation (EU) No 211/2011. As regards the collection and verification process, these initiatives are still subject to the provisions of that Regulation. The proposal ensures that the relevant measures on the extension of the collection and verification period also apply to these initiatives.
Under Regulation (EU) 2019/788, the examination period is also subject to specific time limits. The European institutions are required to organise a meeting with the organisers (to be organised by the Commission within one month after submission of a successful initiative) and a public hearing (to be organised by the European Parliament within three months after submission). The organisation of such events may be difficult within the time limits set by Regulation (EU) 2019/788, taking into account the measures put in place in response to the COVID-19 pandemic in the country where the institutions intend to organise these events. In such a case, the European institutions should be allowed to organise such events as soon as the public health situation in that country again allows for organising such events. In such cases, the European Commission shall adopt its Communication in response to a valid initiative within three months after the public hearing in the European Parliament.
If, because of the temporary measures defined in this proposal, the collection, verification or examination period is extended, a temporary measure catering for an extension of the retention periods defined in Regulation (EU) 2019/788 is necessary to avoid a legal requirement that would lead to a premature destruction of the statements of support.