Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-04-19-Speech-1-075"
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"en.20040419.6.1-075"2
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"Mr President, ladies and gentlemen, in view of the short time available, I want to speak only on the Gebhardt report. I appreciate the efforts that the rapporteur and the Commission have made in their desire to do the right thing in terms of cross-border cooperation. Although the usefulness of this is not a matter of doubt, I do wonder whether the proposal put before us by the Irish presidency really does represent an acceptable position and whether we might be creating a bureaucratic monster. Firstly, I think it is quite wrong that we should now, for the first time in the history of the European Union’s lawmaking, be seeking to interfere in the Member States’ right to organise the way in which they, within their own borders, transpose regulations and directives. In this instance, we prescribe that Member States may not transfer certain functions to private bodies, but that these functions must be performed by the authorities, and so that is precisely what we are doing – tampering with matters that are for the Member States to organise – which may well mean that the whole Regulation contravenes the Treaty.
My second worry is about the bureaucratic monstrosity of decision-making in the event of dispute. This I can describe only as real-life satire. The situation is that the Member State delegating the function has to consent to the Member State that accepts it entrusting the performance of the tasks to a private body. If neither that, nor the re-examination of the criteria by mutual agreement, is possible, a comitology procedure is set in motion, in which the decision rests with the Commission, so people travel to Brussels from 25 national capitals in order to decide whether or not the matter can, under the directive or a regulation, be referred to private bodies. I see that is quite disproportionate to the matter in hand.
We should respect the Member States’ exercise of their powers and acknowledge the efficient way in which they perform their functions. I therefore propose that we should stick to what was decided by the Committee on Legal Affairs and the Internal Market. The Council will do likewise when it has come to its senses. Earlier on, Mrs Thyssen pointed out that we have no reason to give way on this; it is the Council that must give way to us, and then this can be adopted quickly, in one reading, but on the basis of the motion for a resolution produced by the Committee on Legal Affairs and the Internal Market rather than on the compromise proposed by the Irish presidency."@en1
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