Ref. Ares(2014)2404391 - 18/07/2014
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate C - Smart Regulation and Work Programme
The Director
Brussels, 18.07.2014
SG/C4/MCP/rr – Ares(2014)
NOTE TO MR BEN SMULDERS, PRINCIPAL LEGAL ADVISER, LEGAL SERVICE
Subject:
Consultation on a request for registration of a proposed citizens'
initiative
(Ref.: REQ.ECI(2014)000008 - "Stop TTIP")
On 15th July 2014, the Commission received a request to register a proposed citizens’
initiative entitled "Stop TTIP"
You will find enclosed the full text of the proposed initiative as provided by the
organisers.
In accordance with Article 4(2) of Regulation (EU) No 211/2011 on the citizens’
initiative, the Commission must confirm the registration of a citizens' initiative before the
organisers can start the collection of statements of support from signatories. According to
the Regulation, the Commission is required to register a proposed initiative unless:
- It manifestly falls outside the framework of the Commission's powers to submit a
proposal for a legal act of the Union for the purpose of implementing the Treaties;
- It is manifestly abusive, frivolous or vexatious;
- It is manifestly contrary to the values of the Union as set out in Article 2 TEU.
This consultation is therefore of a legal nature, i.e. solely on the legal admissibility of the
proposed initiative. No political consideration should be taken into account at this stage.
In this analysis, it is the central objectives of the proposed initiative that should be taken
into account. Even if some aspects of the description provided by organisers could be
questionable in terms of legal admissibility, registration should be confirmed as long as
the core of the initiative does not manifestly fall outside the framework of the
Commission's powers to submit a proposal for a legal act of the Union.
For the Commission to refuse registration, there must be no doubt that the core of the
initiative falls clearly outside the framework of the Commission's powers as set out by
the Treaties. In other words, the refusal to register a proposed initiative can only take
place if it is clear that there is no legal basis that could allow the Commission to make a
proposal related to the core of the initiative, as described by the organisers. This also
means that in case of doubt regarding the admissibility of the proposed initiative's central
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
objectives, it must be registered, as it would not fall "manifestly" outside the framework
of the Commission's powers.
Taking into consideration the provisions of the Treaties suggested by the organisers (Art
207 and 218 of the Treaty on the Functioning of the European Union) as well as any
other possible legal bases, we would like to ask the Legal Service as to whether this
proposed initiative falls manifestly outside the Commission's powers. In case it falls
manifestly outside the Commission's powers, we would be grateful to receive the legal
reasoning behind this evaluation and the arguments that should be included in the refusal
letter to be sent to the organizers.
We would like to remind you that, according to Article 10(1)(c) of Regulation (EU) No
211/2011, the registration of a proposed initiative does not prejudge of the final legal
and political conclusions of the Commission on this initiative and the action it will take,
if any, should organisers manage to collect the required number of statements of support
from citizens within one year from the date of registration.
We invite you to reply to this consultation by 25 July 2014. For this purpose, please use
the Ares function “Answer”.
Yours sincerely,
(signed)
Elizabeth Golberg
Contacts SG.C.4: Charlotte Rive (tel: 74719), Marie-Christine Pironnet (tel: 90658)
Enclosure:
Full content of the proposed initiative in English
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