Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-02-14-Speech-1-115-000"
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"en.20110214.15.1-115-000"2
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"Mr President, firstly, please accept the apologies of Mr Šefčovič and Mr Oettinger, who are otherwise engaged and who have asked me to represent them. It is on their behalf that I should like to thank Mr Belet, your rapporteur, for having highlighted important aspects resulting from the need to strengthen health protection measures in the event of the radioactive contamination of foodstuffs and feedingstuffs.
Lastly, I must mention at this point the established case-law of the Court, which holds that, and I quote: ‘The rules regarding the manner in which the Community institutions arrive at their decisions are laid down in the Treaty and are not at the disposal of the Member States or of the institutions themselves’. Article 31 of the Euratom Treaty is the only objectively justifiable legal basis for this proposal.
Those are the legal constraints, Mr President, ladies and gentlemen, and it was on the basis of those legal constraints that the Commission concluded that it wished to reject the amendments tabled in Mr Belet’s report.
That is what I wished to say on behalf of Mr Šefčovič and Mr Oettinger.
I should also like to point out that the Commission’s proposal for a recast of Council Regulation No 3954/87 contains only one provision subject to review. It is a recital in the preamble added to justify an existing provision in the regulation, namely, the reservation of implementing powers by the Council. All the other provisions, ladies and gentlemen, have been submitted for codification and therefore remain unchanged in the proposal.
The Commission is therefore unable to accept, and I say this very sincerely, the amendments tabled in the Belet report. There are two reasons for this: the first is of an institutional nature, and the second relates to substance. The first reason concerns the need for strict compliance with the agreement on the use of the recasting procedure concluded between Parliament, the Commission and the Council.
Given this interinstitutional agreement and the very logic of recasting, the codified parts of a recast proposal cannot be subject to amendment, except in truly exceptional circumstances.
The aim is to provide a tool for, among other things, ensuring consistency when changes have to be made. Strict compliance with this agreed rule is an important condition for ensuring interinstitutional balance and the Commission’s right of initiative.
An institution’s failure to comply with the interinstitutional agreement would actually make it impractical to use this legislative technique and would deprive the institutions of an important tool for achieving the ‘better regulation’ objective that has been set as part of the objective of increasing transparency for the benefit of the citizens.
The second reason relates to substance. The first amendment adopted by the Committee on Industry, Research and Energy concerns the legal basis. Article 31 of the Euratom Treaty would be replaced by Article 168 of the Treaty on the Functioning of the European Union. Most of the other amendments relate to this change of legal basis.
The Commission believes that this amendment to the legal basis is unjustifiable. It would even contradict the principle contained in Article 106a of the Euratom Treaty, which is that, where this Treaty contains specific provisions regulating a particular subject, it shall take precedence over the Treaty on European Union and the Treaty on the Functioning of the European Union.
As you know, the validity of Article 31 of the Euratom Treaty was confirmed by the Court in its ruling C-70/88. Chapter 3 of the Euratom Treaty and, more specifically, Articles 31 and 32 thereof, also regulates issues pertaining to the protection of the health of workers and the general public against the dangers arising from ionising radiations."@en1
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