The Bundesrat

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting out the conditions and procedure by which the Commission may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas

Scrutiny details

Subsidiarity deadline: 18/07/2017
Scrutiny Information

Scrutiny date: 07/07/2017

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions
Agricultural Policy and Consumer Protection
the Environment, Nature Protection and Reactor Safety
Economic Affairs

Lisbon Treaty procedures
  Political Dialogue

07/12/2017 | Reply to Bundesrat - COM20170257

07/07/2017 | Scrutiny results - COM20170257
The common internal market is one of the key pillars of the EU and a core reason for its well-being – hence, the Bundesrat welcomes the Commission’s goal to strengthen it and to promote compliance with EU regulations. The Bundesrat takes note of the fact that the Commission wishes to expand its right to information request towards companies. Such a right, however, would entail additional administrative burdens for companies. The proposal is overreaching – its explanation does not offer any reasons on why the respective companies should be obliged directly to provide the desired information (and not indirectly through member states).

The Bundesrat sees a risk that the proposal is in discordance with Article 337 TFEU and is not proportionate. Furthermore, the proposal does not comply with the principle of legal certainty, e.g. in Article 4 using terms such as “important political goal”. In regards to the principle of subsidiarity, the Bundesrat is in doubt about the Commission’s view that the member states’ control and information rights are insufficient. To the contrary – such measures exist and should be used as a matter of priority. Cross-border cooperation of the competent authorities is already possible and has proven to be efficient – e.g. through the IMI system or the national focal points. As requests for information may be used in legal proceedings against companies, it cannot be ruled out that the obligation to respond truthfully, in some cases, may amount to an obligation of self-incrimination.

The Bundesrat points out that enforcement of EU regulations generally falls within the competence of member states.

Agriculture and fisheries should be excluded from the proposal’s scope.

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
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