Legal provisions of 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

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dossier COM(2020)221 - Temporary measures for time limits in collection, verification and examination stages in Regulation 2019/788 on the European ...
document COM(2020)221 EN
date July 15, 2020

Contents

Article 1 - Subject matter

This Regulation lays down temporary measures applicable to the collection, the verification and the examination periods for registered European citizens’ initiatives under Regulation (EU) 2019/788 and Regulation (EU) No 211/2011 (‘initiatives’), in the context of the measures taken by the Member States in response to the COVID-19 pandemic.

Article 2 - Extension of time limits for the collection of statements of support

1. Notwithstanding Article 8(1) of Regulation (EU) 2019/788 and Article 5(5) of Regulation (EU) No 211/2011, where the collection of statements of support for an initiative was ongoing on 11 March 2020, the maximum collection period shall be extended for a period of six months in respect of that initiative.

Where the collection of statements of support for an initiative started between 11 March 2020 and 11 September 2020, the collection period shall be extended until 11 September 2021, in respect of that initiative.

The Commission shall inform the organisers of the initiatives concerned and the Member States of the extension provided for in the first and second subparagraphs of this paragraph. It shall indicate the new end date of the collection period for each initiative in the online register referred to in Article 4(3) of Regulation (EU) 2019/788.

2. The Commission may adopt implementing acts to further extend the maximum collection period for statements of support for initiatives referred to in paragraph 1, where at least a quarter of Member States or a number of Member States representing more than 35 % of the Union population continue to apply after 11 September 2020 measures in response to the COVID-19 pandemic which substantially hamper the ability of organisers to collect statements of support in paper form and to inform the public of their ongoing initiatives.

The Commission may also adopt implementing acts to extend the maximum collection period for statements of support for initiatives in respect of which collection is ongoing at the moment of a new COVID-19 outbreak where at least a quarter of Member States or a number of Member States representing more than 35 % of the Union population apply measures that negatively affect organisers of those initiatives to the same extent as the measures referred to in the first subparagraph.

The implementing acts provided for in the first and second subparagraphs shall identify which initiatives are concerned and the new end date of their collection period.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 6(2).

The duration of each extension under this paragraph shall be three months.

For the purpose of the assessment by the Commission of whether the requirements for the adoption of implementing acts referred to in the first and second subparagraphs are fulfilled, the Member States shall provide the Commission, upon request, with information on the measures that they have taken or intend to take in response to the COVID-19 pandemic or in response to a new COVID-19 outbreak.

The Commission shall notify its decision to the organisers and inform the Member States of any extension granted in respect of each initiative concerned. It shall publish its decision in the online register referred to in Article 4(3) of Regulation (EU) 2019/788.

3. Notwithstanding paragraphs 1 and 2, the total duration of the collection period shall not exceed 24 months.

Article 3 - Extension of time limits for the verification of statements of support by the Member States

1. Notwithstanding Article 12(4) of Regulation (EU) 2019/788 and Article 8(2) of Regulation (EU) No 211/2011, where a Member State considers that due to the measures it has taken in response to the COVID-19 pandemic, it will not be possible to complete the verification of statements of support for a given initiative within the period laid down in those provisions, it may submit a reasoned request for an extension of that period. That request shall be submitted to the Commission at the latest one month before the end of the period concerned.

2. Where, upon a request submitted in accordance with paragraph 1, the Commission finds that the requirements laid down in that paragraph are fulfilled, it shall adopt an implementing act granting an extension of the period referred to in paragraph 1 to the Member State concerned. The extension shall not be less than one month or more than three months.

3. The Commission shall notify its decision to the Member State and inform the organisers of the initiative concerned of the extension. It shall publish its decision in the online register referred to in Article 4(3) of Regulation (EU) 2019/788.

Article 4 - Extension of time limits for the examination of valid initiatives

1. Notwithstanding Articles 14(2) and 15(1) of Regulation (EU) 2019/788, where the Commission or the European Parliament have encountered difficulties after 11 March 2020 in organising a meeting with organisers or a public hearing, respectively, because of measures taken in response to the COVID-19 pandemic by the Member State in which those institutions intend to organise the meeting or hearing, they shall organise it as soon as the public health situation in the Member State concerned makes it possible to do so, or, in the event that the organisers agree to participate remotely in the meeting or hearing, as soon as they are able to agree with the institutions on a date for it.

2. Notwithstanding Article 15(2) of Regulation (EU) 2019/788, where the European Parliament postpones the public hearing pursuant to paragraph 1 of this Article, the Commission shall adopt its communication setting out its legal and political conclusions on the initiative within three months after the public hearing.

Article 5 - Extension of time limits for retention of personal data

1. Notwithstanding Article 19(5) of Regulation (EU) 2019/788 where the maximum collection period or verification period for a given initiative is extended in accordance with Article 2 or 3 of this Regulation, the time limit of 21 months within which statements of support and copies thereof are to be destroyed shall be extended by the same period.

2. Notwithstanding Article 19(8) of Regulation (EU) 2019/788, where the maximum collection period, verification period, or examination period for a given initiative is extended in accordance with Article 2, 3 or 4 of this Regulation, the time limits within which records of email addresses are to be destroyed shall be extended by the same period.

Article 6 - Committee procedure

1. The Commission shall be assisted by the committee on the European citizens’ initiative established by Article 22 of Regulation (EU) 2019/788. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 7 - Retroactive application

Articles 2 to 5 shall have retroactive effect with regard to initiatives of which the collection period, the verification period or the examination period ended between 11 March 2020 and the date of the entry into force of this Regulation.

Article 8 - Entry into force

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

It shall apply until 31 December 2022.

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