Procedure : 2016/0400A(COD)
Document stages in plenary
Document selected : A8-0020/2018

Texts tabled :

A8-0020/2018

Debates :

Votes :

PV 17/04/2019 - 16.2

Texts adopted :

P8_TA(2019)0410

REPORT     ***I
PDF 1330kWORD 575k
2.2.2018
PE 612.228v03-00 A8-0020/2018

on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union

(COM(2016)0799 – C8‑0524/2016 – 2016/0400(COD))

Committee on Legal Affairs

Rapporteur: József Szájer

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 POSITION IN THE FORM OF AMENDMENTS of the Committee on Economic and Monetary Affairs
 OPINION of the Committee on the Environment, Public Health and Food Safety
 OPINION of the Committee on Transport and Tourism
 OPINION of the Committee on Agriculture and Rural Development
 ANNEX: LETTER FROM COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS
 ANNEX: LETTER FROM COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY
 ANNEX: LETTER FROM COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY
 ANNEX: LETTER FROM COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union

(COM(2016)0799 – C8‑0524/2016 – 2016/0400(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0799),

–  having regard to Article 294(2) and Article 33, Article 43(2), Article 53(1), Article 62, Article 64(2), Article 91, Article 100(2), Article 114, Article 153(2)(b), Article 168(4) (a), Article 168(4)(b), Article 172, Article 192(1), Article 207, Article 214(3), and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0524/2016),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 1 June 2017(1),

–   having regard to the opinion of the Committee of the Regions of 12 December 2017(2),

–  having regard to the letters of the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and also the opinions and position in the form of amendments of the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism and the Committee on Agriculture and Rural Development (A8-0020/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The Treaty of Lisbon introduced a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts).

(1)  The Treaty of Lisbon has substantially modified the legal framework governing the powers conferred on the Commission by the legislator, introducing a clear distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts).

Amendment    2

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a)  Bundling and presenting empowerments that are not closely linked with each other within a single delegated act of the Commission impedes the exercise of Parliament's right of scrutiny, as it is forced to simply accept or refuse the entire delegated act, which leaves no room to express an opinion on each empowerment individually.

Amendment    3

Proposal for a regulation

Annex I – Part I – point 1 – paragraph 2 – point 1

Directive 2009/31/EC

Article 29 – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 29a amending the Annexes.

The Commission is empowered to adopt delegated acts in accordance with Article 29a amending the Annexes to this Directive in order to adapt to technical and scientific progress.

Justification

Necessary to ensure consistency with the wording used in the Commission proposal no COM(2016)0789, notably its Article 2(2).

Amendment    4

Proposal for a regulation

Annex I – Part I – point 1 – paragraph 2 – point 2

Directive 2009/31/EC

Article 29 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 29 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 29 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    5

Proposal for a regulation

Annex I – Part I – point 1 – paragraph 2 – point 3

Directive 2009/31/EC

Article 30

 

Text proposed by the Commission

Amendment

(3)  Article 30 is deleted.

(3)  Article 30 is replaced by the following:

 

“Article 30

 

Committee procedure

 

1.  The Commission shall be assisted by the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council*. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council**.

 

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”

 

___________________

 

* Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).

 

**Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Justification

Necessary to ensure consistency with the wording used in the Commission proposal no COM(2016)0789, notably its Article 2(4).

Amendment    6

Proposal for a regulation

Annex I – Part I – point 2

Text proposed by the Commission

Amendment

[...]

deleted

Justification

Given that the choice of delegation of power from RPS to DA / IA as regards the Effort Sharing Decision is not uncontroversial, and that the obligations under the Decision will be replaced by another Regulation for the 2021-2030 period, it would be preferable not to include 406/2009/EC in this Omnibus proposal.

Amendment    7

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 1

Regulation (EC) No 1005/2009

Article 7 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the form and content of the label to be used.”

“The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning the form and content of the label to be used.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    8

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 2 – point a

Regulation (EC) No 1005/2009

Article 8 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the form and content of the label to be used.”

“The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning the form and content of the label to be used.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    9

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 3 – point a

Regulation (EC) No 1005/2009

Article 10 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the form and content of the label to be used.

The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning the form and content of the label to be used.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    10

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 3 – point b

Regulation (EC) No 1005/2009

Article 10 – paragraph 6 – subparagraph 3

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning a mechanism for the allocation of quotas to producers and importers.

The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning a mechanism for the allocation of quotas to producers and importers.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    11

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 6

Regulation (EC) No 1005/2009

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

"The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning additional measures for the monitoring of controlled substances or new substances and of products and equipment containing or relying on controlled substances placed under temporary storage, customs warehousing or free zone procedure or in transit through the customs territory of the Union and subsequently re-exported, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, taking into account the environmental benefits and socio-economic impacts of such measures.”

"The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning additional measures for the monitoring of controlled substances or new substances and of products and equipment containing or relying on controlled substances placed under temporary storage, customs warehousing or free zone procedure or in transit through the customs territory of the Union and subsequently re-exported, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, taking into account the environmental benefits and socio-economic impacts of such measures.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    12

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 7

Regulation (EC) No 1005/2009

Article 20 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the rules, in line with decisions taken by the Parties, applicable to the release for free circulation in the Union of products and equipment imported from any State not party to the Protocol which were produced using controlled substances but do not contain substances which can be positively identified as controlled substances. The identification of such products and equipment shall comply with periodical technical advice given to the Parties.”

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing the rules, in line with decisions taken by the Parties, applicable to the release for free circulation in the Union of products and equipment imported from any State not party to the Protocol which were produced using controlled substances but do not contain substances which can be positively identified as controlled substances. The identification of such products and equipment shall comply with periodical technical advice given to the Parties.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    13

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 8 – point b

Regulation (EC) No 1005/2009

Article 22 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning a list of products and equipment, in line with decisions taken by the Parties, for which the recovery of controlled substances or destruction of products and equipment without prior recovery of controlled substances shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.

The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning a list of products and equipment, in line with decisions taken by the Parties, for which the recovery of controlled substances or destruction of products and equipment without prior recovery of controlled substances shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    14

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 8 – point c

Regulation (EC) No 1005/2009

Article 22 – paragraph 5 – subparagraphs 2 and 3

 

Text proposed by the Commission

Amendment

“The Commission shall evaluate the measures taken by the Member States and is empowered to adopt delegated acts in accordance with Article 24a concerning those minimum qualification requirements, in the light of that evaluation and of technical and other relevant information.”

“The Commission shall evaluate the measures taken by the Member States and is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning those minimum qualification requirements, in the light of that evaluation and of technical and other relevant information.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    15

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 9 – point a – point i

Regulation (EC) No 1005/2009

Article 23 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

“Member States shall define the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 2. In the light of an evaluation of those measures taken by the Member States and of technical and other relevant information, the Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the harmonisation of those minimum qualification requirements.”

“Member States shall define the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 2. In the light of an evaluation of those measures taken by the Member States and of technical and other relevant information, the Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing rules concerning the harmonisation of those minimum qualification requirements.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    16

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 9 – point b

Regulation (EC) No 1005/2009

Article 23 – paragraph 7

 

Text proposed by the Commission

Amendment

“7.  The Commission is empowered to adopt delegated acts in accordance with Article 24a establishing a list of technologies or practices to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances.”

“7.  The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing a list of technologies or practices to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    17

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 11

Regulation (EC) No 1005/2009

Article 24 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 7(2), Article 8(3) and (5), Article 10(3) and (6), Article 13(2), Article 18(9), Article 19, Article 20(2), Article 22(3), (4) and (5), Article 23(4) and (7), Article 24(2) and (3), Article 26(3) and Article 27(10) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 7(2), Article 8(3) and (5), Article 10(3) and (6), Article 13(2), Article 18(9), Article 19, Article 20(2), Article 22(3), (4) and (5), Article 23(4) and (7), Article 24(2) and (3), Article 26(3) and Article 27(10) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    18

Proposal for a regulation

Annex I – Part I – point 3 – paragraph 3 – point 14

Regulation (EC) No 1005/2009

Article 27 – paragraph 10

 

Text proposed by the Commission

Amendment

“10.  The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning amendments to the reporting requirements laid down in paragraphs 1 to 7 of this Article in order to meet the commitments under the Protocol or to facilitate their application.”

“10.  The Commission is empowered to adopt delegated acts in accordance with Article 24a to amend the reporting requirements laid down in paragraphs 1to 7 of this Article in order to meet the commitments under the Protocol or to facilitate their application.”

Justification

Clarification of empowerment (i.e. to amend).

Amendment    19

Proposal for a regulation

Annex I – Part II – point 4 – paragraph 2 – point 1

Directive 2002/58/EC

Article 4 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 14b, concerning the circumstances, format and procedures applicable to the information and notification requirements referred to in paragraphs 2, 3 and 4 of this Article, following consultation with the European Network and Information Security Agency (ENISA), the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC and the European Data Protection Supervisor.”

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 14b to supplement this Directive in respect of the circumstances, format and procedures applicable to the information and notification requirements referred to in paragraphs 2, 3 and 4 of this Article, following consultation with the European Network and Information Security Agency (ENISA), the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC and the European Data Protection Supervisor.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    20

Proposal for a regulation

Annex I – Part II – point 4 – paragraph 2 – point 3

Directive 2002/58/EC

Article 14 b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 4(5) shall be conferred on the Commission for an indeterminate period of time from [from the date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 4(5) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    21

Proposal for a regulation

Annex I – Part II – point 5 – paragraph 2 – point 1

Regulation (EC) No 733/2002

Article 3 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

“(a) adopt delegated acts in accordance with Article 5a establishing the criteria and the procedure for the designation of the Registry.

(a)  adopt delegated acts in accordance with Article 5a to supplement this Regulation by establishing the criteria and the procedure for the designation of the Registry.

Where, in the case of establishing the criteria and the procedure for the designation of the Registry, imperative grounds of urgency so require, the procedure provided for in Article 5b shall apply to delegated acts adopted pursuant to this Article;"

Where, in the case of establishing the criteria and the procedure for the designation of the Registry, imperative grounds of urgency so require, the procedure provided for in Article 5b shall apply to delegated acts adopted pursuant to this Article;"

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    22

Proposal for a regulation

Annex I – Part II – point 5 – paragraph 2 – point 2 – point a

Regulation (EC) No 733/2002

Article 5 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

“After consulting the Registry, the Commission is empowered to adopt delegated acts in accordance with Article 5a setting out public policy rules on the implementation and function of the .eu TLD and public policy principles on registration.”

“After consulting the Registry, the Commission is empowered to adopt delegated acts in accordance with Article 5a to supplement this Regulation by setting out public policy rules on the implementation and function of the .eu TLD and public policy principles on registration.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    23

Proposal for a regulation

Annex I – Part II – point 5 – paragraph 2 – point 2 – point b

Regulation (EC) No 733/2002

Article 5 – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

“Where a Member State or the Commission within 30 days of publication raises an objection to an item included in a notified list, the Commission is empowered to adopt delegated acts, in accordance with Article 5a, to remedy the situation.”

“Where a Member State or the Commission within 30 days of publication raises an objection to an item included in a notified list, the Commission is empowered to adopt delegated acts, in accordance with Article 5a, to remedy the situation by supplementing this Regulation.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    24

Proposal for a regulation

Annex I – Part II – point 5 – paragraph 2 – point 3

Regulation (EC) No 733/2002

Article 5 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(1) and Article 5(1) and (2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(1) and Article 5(1) and (2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    25

Proposal for a regulation

Annex I – Part IV – point 8 – paragraph 2 – point 3

Directive 89/391/EEC

Article 17 b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 16a shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 16a shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    26

Proposal for a regulation

Annex I – Part IV – point 9 – paragraph 2 – point 2

Directive 89/654/EEC

Article 9 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for a period of five years from ...[date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    27

Proposal for a regulation

Annex I – Part IV – point 10 – paragraph 2 – point 2

Directive 89/656/EEC

Article 9 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for a period of five years from ...[date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    28

Proposal for a regulation

Annex I – Part IV – point 11 – paragraph 2 – point 2

Directive 90/269/EEC

Article 8 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for a period of five years from ...[date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    29

Proposal for a regulation

Annex I – Part IV – point 12 – paragraph 2 – point 2

Directive 90/270/EEC

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    30

Proposal for a regulation

Annex I – Part IV – point 13 – paragraph 2 – point 2

Directive 92/29/EEC

Article 8 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    31

Proposal for a regulation

Annex I – Part IV – point 14 – paragraph 2 – point 2

Directive 92/57/EEC

Article 13 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for a period of five years from ...[date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    32

Proposal for a regulation

Annex I – Part IV – point 15 – paragraph 2 – point 2

Directive 92/58/EEC

Article 9 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for a period of five years from ...[date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    33

Proposal for a regulation

Annex I – Part IV – point 16 – paragraph 2 – point 2

Directive 92/91/EEC

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in 11 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    34

Proposal for a regulation

Annex I – Part IV – point 17 – paragraph 2 – point 2

Directive 92/104/EEC

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from ...[date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    35

Proposal for a regulation

Annex I – Part IV – point 18 – paragraph 2 – point 2

Directive 93/103/EC

Article 12 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 12 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 12 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    36

Proposal for a regulation

Annex I – Part IV – point 19 – paragraph 2 – point 2

Directive 94/33/EC

Article 15 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 15 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 15 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    37

Proposal for a regulation

Annex I – Part IV – point 20 – paragraph 2 – point 1

Directive 98/24/EC

Article 3 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 12a concerning the establishment or revision of indicative occupational exposure limit values, taking into account the availability of measurement techniques.”

“The Commission is empowered to adopt delegated acts in accordance with Article 12a to supplement this Directive by establishing or revising indicative occupational exposure limit values, taking into account the availability of measurement techniques.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    38

Proposal for a regulation

Annex I – Part IV – point 20 – paragraph 2 – point 3

Directive 98/24/EC

Article 12 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(2) and Article 12(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article Article 3(2) and Article 12(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    39

Proposal for a regulation

Annex I – Part IV – point 21 – paragraph 2 – point 2

Directive 1999/92/EC

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    40

Proposal for a regulation

Annex I – Part IV – point 22 – paragraph 2 – point 2

Directive 2000/54/EC

Article 19 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 19 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 19 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    41

Proposal for a regulation

Annex I – Part IV – point 23 – paragraph 2 – point 2

Directive 2002/44/EC

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    42

Proposal for a regulation

Annex I – Part IV – point 24 – paragraph 2 – point 2

Directive 2003/10/EC

Article 12 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 12 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 12 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    43

Proposal for a regulation

Annex I – Part IV – point 25 – paragraph 2 – point 2

Directive 2004/37/EC

Article 17 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    44

Proposal for a regulation

Annex I – Part IV – point 26 – paragraph 2 – point 2

Directive 2006/25/EC

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    45

Proposal for a regulation

Annex I – Part IV – point 27 – paragraph 2 – point 2

Directive 2009/104/EC

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    46

Proposal for a regulation

Annex I – Part IV – point 28 – paragraph 2 – point 3

Directive 2009/148/EC

Article 18 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 18(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 18 (2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    47

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 1

Directive 2009/73/EC

Article 6 – paragraph 4

 

Text proposed by the Commission

Amendment

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 50a establishing Guidelines for regional cooperation in a spirit of solidarity.”

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Directive by establishing Guidelines for regional cooperation in a spirit of solidarity.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    48

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 2

Directive 2009/73/EC

Article 11 – paragraph 10

 

Text proposed by the Commission

Amendment

“10.  The Commission is empowered to adopt delegated acts in accordance with Article 50a establishing Guidelines setting out the details of the procedure to be followed for the application of this Article.”

“10.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Directive by establishing Guidelines setting out the details of the procedure to be followed for the application of this Article.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    49

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 3

Directive 2009/73/EC

Article 15 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 50a establishing Guidelines to ensure full and effective compliance of the transmission system owner and of the storage system operator with paragraph 2 of this Article.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Directive by establishing Guidelines to ensure full and effective compliance of the transmission system owner and of the storage system operator with paragraph 2 of this Article.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    50

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 4

Directive 2009/73/EC

Article 36 – paragraph 10

 

Text proposed by the Commission

Amendment

“10.  The Commission is empowered to adopt delegated acts in accordance with Article 50a establishing Guidelines for the application of the conditions laid down in paragraph 1 of this Article and setting out the procedure to be followed for the application of paragraphs 3, 6, 8 and 9 of this Article.”

“10.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Directive by establishing Guidelines for the application of the conditions laid down in paragraph 1 of this Article and setting out the procedure to be followed for the application of paragraphs 3, 6, 8 and 9 of this Article.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    51

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 5

Directive 2009/73/EC

Article 42 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 50a establishing Guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with the Agency.”

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Directive by establishing Guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with the Agency.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    52

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 6

Directive 2009/73/EC

Article 43 – paragraph 9

 

Text proposed by the Commission

Amendment

“9.  The Commission is empowered to adopt delegated acts in accordance with Article 50a establishing Guidelines setting out the details of the procedure to be followed by the regulatory authorities, the Agency and the Commission as regards the compliance of decisions taken by regulatory authorities with the Guidelines referred to in this Article.”

“9.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Directive by establishing Guidelines setting out the details of the procedure to be followed by the regulatory authorities, the Agency and the Commission as regards the compliance of decisions taken by regulatory authorities with the Guidelines referred to in this Article.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    53

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 7

Directive 2009/73/EC

Article 44 – paragraph 4

 

Text proposed by the Commission

Amendment

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 50a establishing Guidelines which specify the methods and arrangements for record keeping as well as the form and content of the data that shall be kept.”

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Directive by establishing Guidelines which specify the methods and arrangements for record keeping as well as the form and content of the data that shall be kept.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    54

Proposal for a regulation

Annex I – Part V – point 29 – paragraph 2 – point 8

Directive 2009/73/EC

Article 50 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(4), Article 11(10), Article 15(3), Article 36(10), Article 42(5), Article 43(9) and Article44(4) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(4), Article 11(10), Article 15(3), Article 36(10), Article 42(5), Article 43(9) and Article 44(4) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    55

Proposal for a regulation

Annex I – Part V – point 30 – paragraph 2 – point 1

Regulation (EC) No 715/2009

Article 3 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 27a establishing Guidelines setting out the details of the procedure to be followed for the application of paragraphs 1 and 2 of this Article.”

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 27a to supplement this Regulation by establishing Guidelines setting out the details of the procedure to be followed for the application of paragraphs 1 and 2 of this Article.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    56

Proposal for a regulation

Annex I – Part V – point 30 – paragraph 2 – point 2

Regulation (EC) No 715/2009

Article 6 – paragraph 11 – subparagraph 2

 

Text proposed by the Commission

Amendment

“Where the Commission proposes to adopt a network code on its own initiative, the Commission shall consult the Agency, the ENTSO for Gas and all relevant stakeholders in regard to the draft network code during a period of no less than two months. The Commission is empowered to adopt delegated acts in accordance with Article 27a adopting such network codes.”

“Where the Commission proposes to adopt a network code on its own initiative, the Commission shall consult the Agency, the ENTSO for Gas and all relevant stakeholders in regard to the draft network code during a period of no less than two months. The Commission is empowered to adopt delegated acts in accordance with Article 27a to supplement this Regulation by adopting such network codes.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    57

Proposal for a regulation

Annex I – Part V – point 30 – paragraph 2 – point 4

Regulation (EC) No 715/2009

Article 12 – paragraph 3

 

Text proposed by the Commission

Amendment

“For the purposes of achieving the goals set out in paragraphs 1 and 2 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 27a determining the geographical area covered by each regional cooperation structure, taking into account existing regional cooperation structures. For that purpose, the Commission shall consult the Agency and the ENTSO for Gas.”

“For the purposes of achieving the goals set out in paragraphs 1 and 2 of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 27a to supplement this Regulation by determining the geographical area covered by each regional cooperation structure, taking into account existing regional cooperation structures. For that purpose, the Commission shall consult the Agency and the ENTSO for Gas.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    58

Proposal for a regulation

Annex I – Part V – point 30 – paragraph 2 – point 5

Regulation (EC) No 715/2009

Article 23 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 27a establishing Guidelines on the issues listed in paragraph 1 of this Article and amending the Guidelines referred to in points (a), (b) and (c) thereof.”

“The Commission is empowered to adopt delegated acts in accordance with Article 27a to supplement this Regulation by establishing Guidelines on the issues listed in paragraph 1 of this Article and to amend the Guidelines referred to in points (a), (b) and (c) thereof.”

Justification

Clarification of empowerment (i.e. to supplement and i.e. to amend).

Amendment    59

Proposal for a regulation

Annex I – Part V – point 30 – paragraph 2 – point 6

Regulation (EC) No 715/2009

Article 27 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(5), Article 6(11), Article 7(3), Article 12(3) and Article 23(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(5), Article 6(11), Article 7(3), Article 12(3) and Article 23(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    60

Proposal for a regulation

Annex I – Part V – point 31 – paragraph 2 – point 2

Regulation (EC) No 1222/2009

Article 12 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    61

Proposal for a regulation

Annex I – Part VI – point 32 – paragraph 2 – point 6

Directive 91/271/EEC

Article 17 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(2), Article 4(3), Article 5(3), Article 11(2) and Article 12(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(2), Article 4(3), Article 5(3), Article 11(2) and Article 12(3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    62

Proposal for a regulation

Annex I – Part VI – point 33 – paragraph 2 – point 2

Directive 91/676/EEC

Article 8 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    63

Proposal for a regulation

Annex I – Part VI – point 34 – paragraph 2 – point 3

Directive 94/63/EC

Article 7 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 4(1) and Article 7 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 4(1) and Article 7 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    64

Proposal for a regulation

Annex I – Part VI – point 35 – paragraph 2 – point 1

Directive 96/59/EC

Article 10 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. The Commission is empowered to adopt delegated acts in accordance with Article 10b:

2. The Commission is empowered to adopt delegated acts in accordance with Article 10b to supplement this Directive for the following purposes:

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    65

Proposal for a regulation

Annex I – Part VI – point 35 – paragraph 2 – point 3

Directive 96/59/EC

Article 10 b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 10(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 10(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    66

Proposal for a regulation

Annex I – Part VI – point 36 – paragraph 4 – point 2

Directive 98/83/EC

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 11(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    67

Proposal for a regulation

Annex I – Part VI – point 37 – paragraph 3 – point 2

Directive 2000/53/EC

Article 5 – paragraph 5 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning minimum requirements for the certificate of destruction.;

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Directive by establishing minimum requirements for the certificate of destruction.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    68

Proposal for a regulation

Annex I – Part VI – point 37 – paragraph 3 – point 4

Directive 2000/53/EC

Article 7 – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the detailed rules necessary to control compliance of Member States with the targets set out in the first subparagraph. When preparing such rules, the Commission shall take into account all relevant factors, inter alia, the availability of data and the issue of exports and imports of end-of-life vehicles.”

“The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Directive by establishing the detailed rules necessary to control compliance of Member States with the targets set out in the first subparagraph. When preparing such rules, the Commission shall take into account all relevant factors, inter alia, the availability of data and the issue of exports and imports of end-of-life vehicles.”

Justification

Clarification of empowerment (i.e. to supplement)

Amendment    69

Proposal for a regulation

Annex I – Part VI – point 37 – paragraph 3 – point 5

Directive 2000/53/EC

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the standards referred to in paragraph 1. When preparing such standards, the Commission shall take account of the work going on in this area in the relevant international forums and contribute to this work as appropriate.”

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Directive by establishing the standards referred to in paragraph 1. When preparing such standards, the Commission shall take account of the work going on in this area in the relevant international forums and contribute to this work as appropriate.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    70

Proposal for a regulation

Annex I – Part VI – point 37 – paragraph 3 – point 6

Directive 2000/53/EC

Article 9 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 4(2)(b), Article 5(5), Article 6(6), Article 7(2) and Article 8(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in point (b) of Article 4(2), Article 5(5), Article 6(6), Article 7(2) and Article 8(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    71

Proposal for a regulation

Annex I – Part VI – point 38 – paragraph 3 – point 1

Directive 2000/60/EC

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 20a laying down technical specifications and standardised methods for analysis and monitoring of water status.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 20a to supplement this Directive by laying down technical specifications and standardised methods for analysis and monitoring of water status.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    72

Proposal for a regulation

Annex I – Part VI – point 38 – paragraph 3 – point 3

Directive 2000/60/EC

Article 20 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8(3), in the first subparagraph of Article 20(1) and in Annex V, paragraph 1.4.1, point (ix), shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8(3), in the first subparagraph of Article 20(1) and in Annex V, paragraph 1.4.1, point (ix), shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    73

Proposal for a regulation

Annex I – Part VI – point 38 – paragraph 3 – point 5

Directive 2000/60/EC

Annex V – paragraph 1.4.1 – point ix

 

Text proposed by the Commission

Amendment

“(ix)  The Commission is empowered to adopt delegated acts in accordance with Article 20a setting out the results of the intercalibration exercise and establishing the values of the Member State monitoring system classifications in accordance with points (i) to (viii). It shall be published within six months of the completion of the intercalibration exercise.”

“(ix)  The Commission is empowered to adopt delegated acts in accordance with Article 20a to supplement this Directive by setting out the results of the intercalibration exercise and by establishing the values of the Member State monitoring system classifications in accordance with points (i) to (viii). They shall be published within six months of the completion of the intercalibration exercise.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    74

Proposal for a regulation

Annex I – Part VI – point 39 – paragraph 2 – point 3

Directive 2002/49/EC

Article 12 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(2) and (3) and Article 12 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(2) and (3) and Article 12 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    75

Proposal for a regulation

Annex I – Part VI – point 40 – paragraph 2 – point 2

Directive 2004/42/EC

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    76

Proposal for a regulation

Annex I – Part VI – point 41 – paragraph 2 – point 2

Directive 2004/107/EC

Article 5 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 4(15) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 4(15) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    77

Proposal for a regulation

Annex I – Part VI – point 42 – paragraph 3 – point 1

Directive 2006/7/EC

Article 15 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a)  specifying the EN/ISO standard on the equivalence of microbiological methods for the purposes of Article 3(9);

(a)  to supplement this Directive by specifying the EN/ISO standard on the equivalence of microbiological methods for the purposes of Article 3(9);

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    78

Proposal for a regulation

Annex I – Part VI – point 42 – paragraph 3 – point 1

Directive 2006/7/EC

Article 15 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b)  amending Annex I, where necessary in the light of scientific and technical progress, as regards the methods of analysis for the parameters set out in that Annex;

(b)  to amend Annex I, where necessary in the light of scientific and technical progress, as regards the methods of analysis for the parameters set out in that Annex;

Justification

Clarification of empowerment (i.e. to amend)

Amendment    79

Proposal for a regulation

Annex I – Part VI – point 42 – paragraph 3 – point 1

Directive 2006/7/EC

Article 15 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c)  amending Annex V where necessary in the light of scientific and technical progress.;

(c)  to amend Annex V where necessary in the light of scientific and technical progress.

Justification

Clarification of empowerment (i.e. to amend).

Amendment    80

Proposal for a regulation

Annex I – Part VI – point 42 – paragraph 3 – point 2

Directive 2006/7/EC

Article 15 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 15(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 15(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    81

Proposal for a regulation

Annex I – Part VI – point 43 – paragraph 3 – point 1

Directive 2006/21/EC

Article 22 – paragraph 2 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

2. The Commission is empowered to adopt delegated acts in accordance with Article 22a necessary for the following:

2. The Commission is empowered to adopt delegated acts in accordance with Article 22a to supplement this Directive for the following purposes:

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    82

Proposal for a regulation

Annex I – Part VI – point 43 – paragraph 3 – point 1

Directive 2006/21/EC

Article 22 – paragraph 2 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a)  the elaboration of the technical requirements for the purposes of Article 13(6), including technical requirements relating to the definition of weak acid dissociable cyanide and its measurement method;

(a)  to elaborate the technical requirements for the purposes of Article 13(6), including technical requirements relating to the definition of weak acid dissociable cyanide and its measurement method;

Justification

Clarification of empowerment.

Amendment    83

Proposal for a regulation

Annex I – Part VI – point 43 – paragraph 3 – point 1

Directive 2006/21/EC

Article 22 – paragraph 2 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b)  the completion of the technical requirements for waste characterisation contained in Annex II;

(b)  to complete the technical requirements for waste characterisation contained in Annex II;

Justification

Clarification of empowerment.

Amendment    84

Proposal for a regulation

Annex I – Part VI – point 43 – paragraph 3 – point 1

Directive 2006/21/EC

Article 22 – paragraph 2 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  the interpretation of the definition contained in point 3 of Article 3;

(c)  to provide an interpretation of the definition contained in point 3 of Article 3;

Justification

Clarification of empowerment.

Amendment    85

Proposal for a regulation

Annex I – Part VI – point 43 – paragraph 3 – point 1

Directive 2006/21/EC

Article 22 – paragraph 2 – subparagraph 1 – point d

 

Text proposed by the Commission

Amendment

(d)  the definition of the criteria for the classification of waste facilities in accordance with Annex III;

(d)  to define the criteria for the classification of waste facilities in accordance with Annex III;

Justification

Clarification of empowerment.

Amendment    86

Proposal for a regulation

Annex I – Part VI – point 43 – paragraph 3 – point 1

Directive 2006/21/EC

Article 22 – paragraph 2 – subparagraph 1 – point e

 

Text proposed by the Commission

Amendment

(e)  the determination of any harmonised standards for sampling and analysis methods needed for the technical implementation of this Directive.

(e)  to determine any harmonised standards for sampling and analysis methods needed for the technical implementation of this Directive.

Justification

Clarification of empowerment.

Amendment    87

Proposal for a regulation

Annex I – Part VI – point 43 – paragraph 3 – point 2

Directive 2006/21/EC

Article 22 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 22(2) and (3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 22(2) and (3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    88

Proposal for a regulation

Annex I – Part VI – point 44 – paragraph 2 – point 2

Directive 2006/118/EC

Article 8 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    89

Proposal for a regulation

Annex I – Part VI – point 45 – paragraph 2 – point 1

Regulation (EC) No 166/2006

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  Where it determines that no data on the releases from diffuse sources exist, the Commission is empowered to adopt delegated acts in accordance with Article 18a to initiate reporting on releases of relevant pollutants from one or more diffuse sources using, where appropriate, internationally approved methodologies.”

“3.  Where it determines that no data on the releases from diffuse sources exist, the Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by initiating reporting on releases of relevant pollutants from one or more diffuse sources using, where appropriate, internationally approved methodologies.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    90

Proposal for a regulation

Annex I – Part VI – point 45 – paragraph 2 – point 3

Regulation (EC) No 166/2006

Article 18 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8(3) and Article 18 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8(3) and Article 18 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    91

Proposal for a regulation

Annex I – Part VI – point 46 – paragraph 3 – point 2

Directive 2007/2/EC

Article 7 – paragraph 1

 

Text proposed by the Commission

Amendment

“1. The Commission is empowered to adopt delegated acts in accordance with Article 21a laying down technical arrangements for the interoperability and, where practicable, harmonisation of spatial data sets and services. Relevant user requirements, existing initiatives and international standards for the harmonisation of spatial data sets, as well as feasibility and cost-benefit considerations shall be taken into account in the development of those arrangements.”

“1. The Commission is empowered to adopt delegated acts in accordance with Article 21a to supplement this Directive by laying down technical arrangements for the interoperability and, where practicable, harmonisation of spatial data sets and services. Relevant user requirements, existing initiatives and international standards for the harmonisation of spatial data sets, as well as feasibility and cost-benefit considerations shall be taken into account in the development of those arrangements.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    92

Proposal for a regulation

Annex I – Part VI – point 46 – paragraph 3 – point 3

Directive 2007/2/EC

Article 16 – introductory part

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 21a concerning rules, laying down, in particular, the following to supplement this Chapter:

The Commission is empowered to adopt delegated acts in accordance with Article 21a to supplement this Directive by laying down, in particular, the following:

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    93

Proposal for a regulation

Annex I – Part VI – point 46 – paragraph 3 – point 4

Directive 2007/2/EC

Article 17 – paragraph 8 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 21a laying down rules governing those conditions. Those rules shall fully respect the principles set out in paragraphs 1, 2 and 3 of this Article.;

The Commission is empowered to adopt delegated acts in accordance with Article 21a to supplement this Directive by laying down rules governing those conditions. Those rules shall fully respect the principles set out in paragraphs 1, 2 and 3 of this Article.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    94

Proposal for a regulation

Annex I – Part VI – point 46 – paragraph 3 – point 5

Directive 2007/2/EC

Article 21 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 4(7), Article 7(1), Article 16 and Article 17(8) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 4(7), Article 7(1), Article 16 and Article 17(8) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    95

Proposal for a regulation

Annex I – Part VI – point 47 – paragraph 2 – point 2

Directive 2007/60/EC

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 11(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 11(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    96

Proposal for a regulation

Annex I – Part VI – point 48 – paragraph 2 – point 2

Directive 2008/50/EC

Article 28 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 28(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 28(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    97

Proposal for a regulation

Annex I – Part VI – point 49 – paragraph 2 – point 1

Directive 2008/56/EC

Article 9 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 24a laying down, by 15 July 2010, criteria and methodological standards to be used by the Member States, on the basis of Annexes I and III, in such a way as to ensure consistency and to allow for comparison between marine regions or sub-regions of the extent to which good environmental status is being achieved.

The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Directive by laying down, by 15 July 2010, criteria and methodological standards to be used by the Member States, on the basis of Annexes I and III, in such a way as to ensure consistency and to allow for comparison between marine regions or sub-regions of the extent to which good environmental status is being achieved.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    98

Proposal for a regulation

Annex I – Part VI – point 49 – paragraph 2 – point 2

Directive 2008/56/EC

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 24a laying down specifications and standardised methods for monitoring and assessment, which take into account existing commitments and ensure comparability between monitoring and assessment results.”

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Directive by laying down specifications and standardised methods for monitoring and assessment, which take into account existing commitments and ensure comparability between monitoring and assessment results.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    99

Proposal for a regulation

Annex I – Part VI – point 49 – paragraph 2 – point 4

Directive 2008/56/EC

Article 24 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 9(3), Article 11(4) and Article 24(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 9(3), Article 11(4) and Article 24(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    100

Proposal for a regulation

Annex I – Part VI – point 50 – paragraph 3 – point 4

Regulation (EC) No 1272/2008

Article 53 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 37(5), Article 45(4) and Article 53(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 37(5), Article 45(4) and Article 53(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    101

Proposal for a regulation

Annex I – Part VI – point 51 – paragraph 2 – point 2

Directive 2009/126/EC

Article 8 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    102

Proposal for a regulation

Annex I – Part VI – point 52 – paragraph 2 – point 2

Directive 2009/147/EC

Article 15 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 15 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 15 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    103

Proposal for a regulation

Annex I – Part VI – point 53 – paragraph 1

Text proposed by the Commission

Amendment

In order to update Regulation (EC) No 1221/2009 and to establish evaluation procedures, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annexes to that Regulation and to supplement it with procedures for carrying out the peer evaluation of the EMAS Competent Bodies. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

In order to update Regulation (EC) No 1221/2009 and to establish evaluation procedures, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annexes to that Regulation and to supplement it with procedures for carrying out the peer evaluation of the EMAS Competent Bodies and to provide sectoral reference documents as well as guidance documents referring to registration of organisations and to harmonisation procedures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Justification

In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.

Amendment    104

Proposal for a regulation

Annex I – Part VI – point 53 – paragraph 2

Text proposed by the Commission

Amendment

In order to ensure uniform conditions for the implementation of Regulation (EC) No 1221/2009 implementing powers should be conferred on the Commission concerning the harmonisation of certain procedures and in relation to sectoral reference documents. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

deleted

Justification

In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.

Amendment    105

Proposal for a regulation

Annex I – Part VI – point 53 – paragraph 3 – point 1

Regulation (EC) No 1221/2009

Article 16 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

Guidance documents referring to harmonisation procedures approved by the Forum of Competent Bodies shall be adopted by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 49(2).

The Commission is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by establishing guidance documents on the harmonisation procedures approved by the Forum of Competent Bodies.

Justification

Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.

Amendment    106

Proposal for a regulation

Annex I – Part VI – point 53 – paragraph 3 –point 2

Regulation (EC) No 1221/2009

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 48a concerning the procedures for carrying out the peer evaluation of the EMAS Competent Bodies, including appropriate appeals procedures against decisions taken as a result of the peer evaluation.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by establishing the procedures for carrying out the peer evaluation of the EMAS Competent Bodies, including appropriate appeals procedures against decisions taken as a result of the peer evaluation.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    107

Proposal for a regulation

Annex I – Part VI – point 53 – paragraph 3 – point 3

Regulation (EC) No 1221/2009

Article 30 – paragraph 6 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission shall adopt guidance documents referring to harmonisation procedures approved by the Forum of the Accreditation and Licensing Bodies by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 49(2).

The Commission is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by establishing guidance documents on the harmonisation procedures approved by the Forum of the Accreditation and Licensing Bodies.

Justification

Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.

Amendment    108

Proposal for a regulation

Annex I – Part VI – point 53 – paragraph 3 – point 4

Regulation (EC) No 1221/2009

Article 46 – paragraph 6

 

Text proposed by the Commission

Amendment

“6.  The Commission shall adopt the sectoral reference documents referred to in paragraph 1 and the guide referred to in paragraph 4 by means of implementing acts in accordance with the procedure referred to in Article 49(2).”

“6.  The Commission is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by adopting the sectoral reference documents referred to in paragraph 1 and the guide referred to in paragraph 4.”

Justification

Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.

Amendment    109

Proposal for a regulation

Annex I – Part VI – point 53 – paragraph 3 – point 6

Regulation (EC) No 1221/2009

Article 48 a

 

Text proposed by the Commission

Amendment

“Article 48a

“Article 48a

Exercise of the delegation

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Article 17(3) and Article 48 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 16(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of power referred to in Article 17(3) and Article 48 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in Article 16(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making *.

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.  A delegated act adopted pursuant to Article 17(3) and Article 48 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 16(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

_______________

_______________

* OJ L 123, 12.5.2016, p. 1.”

* OJ L 123, 12.5.2016, p. 1.”

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragrpah 9) and update of the references in line with previous amendments.

Amendment    110

Proposal for a regulation

Annex I – Part VI – point 54 – paragraph 4 – point 1 – point b

Regulation (EC) No 66/2010

Article 6 – paragraph 7 – subparagraph 1

 

Text proposed by the Commission

Amendment

For specific categories of goods containing substances referred to in paragraph 6, and only in the event that it is not technically feasible to substitute them as such, or via the use of alternative materials or designs, or in the case of products which have a significantly higher overall environment performance compared with other goods of the same category, the Commission is empowered to adopt delegated acts in accordance with Article 15a granting derogations from paragraph 6 of this Article.

For specific categories of goods containing substances referred to in paragraph 6,and only in the event that it is not technically feasible to substitute them as such, or via the use of alternative materials or designs, or in the case of products which have a significantly higher overall environment performance compared with other goods of the same category, the Commission is empowered to adopt delegated acts in accordance with Article 15a to supplement this Regulation by laying down measures granting derogations from paragraph 6 of this Article.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    111

Proposal for a regulation

Annex I – Part VI – point 54 – paragraph 4 – point 2

Regulation (EC) No 66/2010

Article 8 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 15a laying down, no later than nine months after consulting the EUEB, measures to establish specific EU Ecolabel criteria for each product group. These measures shall be published in the Official Journal of the European Union.

The Commission is empowered to adopt delegated acts in accordance with Article 15a to supplement this Regulation by laying down, no later than nine months after consulting the EUEB, measures to establish specific EU Ecolabel criteria for each product group. These measures shall be published in the Official Journal of the European Union.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    112

Proposal for a regulation

Annex I – Part VI – point 54 – paragraph 4 – point 4

Regulation (EC) No 66/2010

Article 15 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(7), Article 8(2) and Article 15 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(7), Article 8(2) and Article 15 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    113

Proposal for a regulation

Annex I – Part VII – point 55 – paragraph 3 – point 1

Regulation (EEC) No 3924/91

Article 2 – paragraph 6

 

Text proposed by the Commission

Amendment

“6.   The Commission is empowered to adopt delegated acts in accordance with Article 9a updating the Prodcom list and the information actually collected for each heading.”

“6.   The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by updating the Prodcom list and the information actually collected for each heading.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    114

Proposal for a regulation

Annex I – Part VII – point 55 – paragraph 3 – point 2

Regulation (EEC) No 3924/91

Article 3 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.   The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning detailed rules for applying paragraph 3 of this Article, including for the adjustment to technical progress.”

“5.   The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by adopting detailed rules for applying paragraph 3 of this Article, including for the adjustment to technical progress.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    115

Proposal for a regulation

Annex I – Part VII – point 55 – paragraph 3 – point 3

Regulation (EEC) No 3924/91

Article 4 – paragraph 2

 

Text proposed by the Commission

Amendment

However, for certain headings in the Prodcom list, the Commission is empowered to adopt delegated acts in accordance with Article 9a providing that monthly or quarterly surveys are to be conducted.

However, for certain headings in the Prodcom list, the Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by providing that monthly or quarterly surveys are to be conducted.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    116

Proposal for a regulation

Annex I – Part VII – point 55 – paragraph 3 – point 4

Regulation (EEC) No 3924/91

Article 5 – paragraph 1

 

Text proposed by the Commission

Amendment

“1.   The required information shall be collected by the Member States using survey questionnaires the content of which shall comply with the arrangements defined by the Commission. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning those arrangements.”

“1.   The required information shall be collected by the Member States using survey questionnaires the content of which shall comply with the arrangements defined by the Commission. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by defining those arrangements.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    117

Proposal for a regulation

Annex I – Part VII – point 55 – paragraph 3 – point 5

Regulation (EEC) No 3924/91

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the detailed rules in accordance with which Member States shall process the completed questionnaires referred to in Article 5(1) or the information from other sources referred to in Article 5(3).;

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by defining detailed rules in accordance with which Member States shall process the completed questionnaires referred to in Article 5(1) or the information from other sources referred to in Article 5(3).

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    118

Proposal for a regulation

Annex I – Part VII – point 55 – paragraph 3 – point 6

Regulation (EEC) No 3924/91

Article 9 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 2(6), Article 3(5), Article 4, Article 5(1) and Article 6 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 2(6), Article 3(5), Article 4, Article 5(1) and Article 6 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    119

Proposal for a regulation

Annex I – Part VII – point 56 – paragraph 2 – point 1

Regulation (EEC) No 696/93

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 6a amending in particular the statistical units of the production system, the criteria used and the definitions specified in the Annex in order to adapt them to economic and technical developments.;

The Commission is empowered to adopt delegated acts in accordance with Article 6a amending the statistical units of the production system, the criteria used and the definitions specified in the Annex in order to adapt them to economic and technical developments.

Justification

Clarification of empowerment.

Amendment    120

Proposal for a regulation

Annex I – Part VII – point 56 – paragraph 2 – point 2

Regulation (EEC) No 696/93

Article 6 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    121

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 1 – indent 4

Text proposed by the Commission

Amendment

-  supplement that Regulation with the criteria for the measurement of quality;

-  supplement that Regulation with the criteria for the measurement of quality of the variables;

Justification

Alignment of the introductory text (recital) with amendment proposed for Article 10(5) of Regulation (EC) No 1165/98.

Amendment    122

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 2 – introductory part

Text proposed by the Commission

Amendment

(2)  in Article 4(2), the second subparagraph is replaced by the following:

(2)  in point (d) of the first subparagraph of Article 4(2), the second subparagraph is replaced by the following:

Justification

Following recent Court of Justice case law, it is advisable that the empowerment clearly specifies whether the power is to supplement or to amend the legal act. This has been consistently done throughout the text.

Amendment    123

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 2

Regulation (EC) No 1165/98

Article 4 – paragraph 2 – subparagraph 1 – point d – subparagraph 2

 

Text proposed by the Commission

Amendment

The details of the schemes referred to in the first subparagraph shall be as specified in the Annexes. The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning their approval and application.;

The details of the schemes referred to in the first subparagraph shall be as specified in the Annexes. The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by further specifying their approval and application.

Justification

Following recent Court of Justice case law, it is advisable that the empowerment clearly specifies whether the power is to supplement or to amend the legal act. This has been consistently done throughout the text.

Amendment    124

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 3

Regulation (EC) No 1165/98

Article 10 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the criteria for the measurement of quality.”

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by specifying the criteria for the measurement of quality of the variables.”

Justification

Amendment specifies empowerment (to supplement) and the precise subject of the delegated act.

Amendment    125

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 4 a (new)

Regulation (EC) No 1165/98

Article 18 – paragraph 3

 

Text proposed by the Commission

Amendment

 

(4a)  in Article 18, paragraph 3 is deleted;

Justification

Paragraph 3 is a procedural provision relating to the Regulatory Procedure with Scrutiny, which is now redundant and thus deleted.

Amendment    126

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 5

Regulation (EC) No 1165/98

Article 18 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(3), Article 4(2), Article 10, Annex A points (a), (b) 3, (c) 2, (c) 10, (d) 2, (f) 8 and 9, Annex B points (b) 4 and (d) 2, Annex C points (b) 2, (d) 2 and (g) 2 and Annex D points (b) 2 and (d) 2. shall be conferred on the Commission for an indeterminate period of time [from the entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(3), the second subparagraph of point (d) of the first subparagraph of Article 4(2), Article 10(5), points (a), (b) 3, (c) 2, (c) 10, (d) 2, (f) 8 and 9 of Annex A, points (b) 4 and (d) 2 of Annex B, points (b) 2, (d) 2 and (g) 2 of Annex C and points (b) 2 and (d) 2 of Annex D shall be conferred on the Commission for a period of five years from ...[date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

To ensure legal certainty, it is necessary to list specifically all the provisions granting delegated powers. The delegation of power is changed from an indefinite period to a period of five years consistent with the established practice in legislation in the area of ECON responsibilities and with the general Parliament approach. This is done consistently throughout the text.

Amendment    127

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 5

Regulation (EC) No 1165/98

Article 18 a – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 3(3), Article 4(2), Article 10, Annex A points (a), (b) 3, (c) 2, (c) 10, (d) 2, (f) 8 and 9, Annex B points (b) 4 and (d) 2, Annex C points (b) 2, (d) 2 and (g) 2 and Annex D points (b) 2 and (d) 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in Article 3(3), the second subparagraph of point (d) of the first subparagraph of Article 4(2), Article 10(5), points (a), (b) 3, (c) 2, (c) 10, (d) 2, (f) 8 and 9 of Annex A, points (b) 4 and (d) 2 of Annex B, points (b) 2, (d) 2 and (g) 2 of Annex C and points (b) 2 and (d) 2 of Annex D may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Justification

To ensure legal certainty, it is necessary to list specifically all the provisions granting delegated powers.

Amendment    128

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 5

Regulation (EC) No 1165/98

Article 18 a – paragraph 6

 

Text proposed by the Commission

Amendment

A delegated act adopted pursuant to Article 3(3), Article 4(2), Article 10, Annex A points (a), (b) 3, (c) 2, (c) 10, (d) 2, (f) 8 and 9, Annex B points (b) 4 and (d) 2, Annex C points (b) 2, (d) 2 and (g) 2 and Annex D points (b) 2 and (d) 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

A delegated act adopted pursuant to Article 3(3), the second subparagraph of point (d) of the first subparagraph of Article 4(2), Article 10(5), points (a), (b) 3, (c) 2, (c) 10, (d) 2, (f) 8 and 9 of Annex A, points (b) 4 and (d) 2 of Annex B, points (b) 2, (d) 2 and (g) 2 of Annex C and points (b) 2 and (d) 2 of Annex D shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

To ensure legal certainty, it is necessary to list specifically all the provisions granting delegated powers. The scrutiny period is set at three months extendable once for further three months in line with the established practice in legislation in the area of ECON responsibilities. This is done consistently throughout the text.

Amendment    129

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 6 – point ii

Regulation (EC) No 1165/98

Annex A – point b – point 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the use of other observation units.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by providing for the possibility to use other observation units.”

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    130

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 6 – point iii

Regulation (EC) No 1165/98

Annex A – point c – point 2

 

Text proposed by the Commission

Amendment

“2.  The information on output prices for non-domestic markets (No 312) and import prices (No 340) may be compiled using unit values for products originating from foreign trade or other sources only if there is no significant deterioration in quality compared to specific price information. The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the conditions for assuring the necessary data quality.”

“2.  The information on output prices for non-domestic markets (No 312) and import prices (No 340) may be compiled using unit values for products originating from foreign trade or other sources only if there is no significant deterioration in quality compared to specific price information. The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by determining the conditions for assuring the necessary data quality.”

Justification

Clarification of empowerment (to supplement).

Amendment    131

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 6 – point vi

Regulation (EC) No 1165/98

Annex A – point d – point 2

 

Text proposed by the Commission

Amendment

“2.  In addition, the production variable (No 110) and the hours-worked variable (No 220) are to be transmitted in working-day adjusted form. Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the amendment of the list of variables to be transmitted in working-day adjusted form.”

“2.  In addition, the production variable (No 110) and the hours-worked variable (No 220) are to be transmitted in working-day adjusted form. Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a amending the list of variables to be transmitted in working-day adjusted form.”

Justification

Clarification of empowerment (i.e. to amend).

Amendment    132

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 6 – point vii

Regulation (EC) No 1165/98

Annex A – point f – point 8

 

Text proposed by the Commission

Amendment

“8.  For the import price variable (No 340), the Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the determination of the terms for applying a European sample scheme as defined in point (d) of the first subparagraph of Article 4(2).”

“8.  For the import price variable (No 340), the Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement that Regulation by determining the terms for applying a European sample scheme as defined in point (d) of the first subparagraph of Article 4(2).”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    133

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 6 – point viii

Regulation (EC) No 1165/98

Annex A – point f – point 9

 

Text proposed by the Commission

Amendment

“9.  The variables on the non-domestic markets (Nos 122 and 312) are to be transmitted according to the distinction into euro-zone and non-euro- zone. The distinction is to be applied to the total industry defined as NACE Rev. 2 Sections B to E, the MIGs, the Section (1 letter) and Division 2-digit level of NACE Rev. 2. The information on NACE Rev. 2 D and E is not required for variable 122. In addition, the import price variable (No 340) is to be transmitted according to the distinction into euro-zone and non-euro-zone. The distinction is to be applied to the total industry defined as CPA Sections B to E, the MIGs, the Section (1 letter) and Division 2-digit level of CPA. For the distinction into the euro-zone and non-euro-zone, the Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the determination of the terms for applying European sample schemes as defined in point (d) of the first subparagraph of Article 4(2). The European sample scheme may limit the scope of the import price variable to the import of products from non-euro-zone countries. The distinction into the euro-zone and non- euro-zone for the variables 122, 312 and 340 does not need to be transmitted by those Member States that have not adopted the euro as their currency.”

“9.  The variables on the non-domestic markets (Nos 122 and 312) are to be transmitted according to the distinction into euro-area and non-euro-area. The distinction is to be applied to the total industry defined as NACE Rev. 2 Sections B to E, the MIGs, the Section (1 letter) and Division 2-digit level of NACE Rev. 2. The information on NACE Rev. 2 D and E is not required for variable 122. In addition, the import price variable (No 340) is to be transmitted according to the distinction into euro-area and non-euro-area. The distinction is to be applied to the total industry defined as CPA Sections B to E, the MIGs, the Section (1 letter) and Division 2-digit level of CPA. For the distinction into the euro-area and non-euro-area, the Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by determining the terms for applying European sample schemes as defined in point (d) of the first subparagraph of Article 4(2). The European sample scheme may limit the scope of the import price variable to the import of products from non-euro-area countries. The distinction into the euro-area and non- euro-area for the variables 122, 312 and 340 does not need to be transmitted by those Member States that have not adopted the euro as their currency.”

Justification

The term ‘euro area’ is the official term for the group of countries that have adopted the euro as their single currency. Clarification of empowerment (to supplement).

Amendment    134

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 7 – point i

Regulation (EC) No 1165/98

Annex B – point b – point 4

 

Text proposed by the Commission

Amendment

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the use of other observation units.”

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by providing for the possibility to use other observation units.”

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    135

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 7 – point iv

Regulation (EC) No 1165/98

Annex B – point d – point 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the amendment of the list of variables to be transmitted in working-day adjusted form.

Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a amending the list of variables to be transmitted in working-day adjusted form.

Justification

Clarification of empowerment (i.e. to amend).

Amendment    136

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 8 – point i

Regulation (EC) No 1165/98

Annex C – point b – point 2

 

Text proposed by the Commission

Amendment

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the use of other observation units.”

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by providing for the possibility to use other observation units.”

(The numbering of the Commission proposal should be corrected. Point (9) is actually point (8))

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    137

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 8 – point iii

Regulation (EC) No 1165/98

Annex C – point c – point 4

 

Text proposed by the Commission

Amendment

(iii)  in point (c) 4., the last paragraph is deleted;

(iii)  in point (c)4, the third subparagraph is deleted;

(The numbering of the Commission proposal should be corrected. Point (9) is actually point (8))

Justification

Aligning the wording to the standards for legal drafting of Union legislation.

Amendment    138

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 8 – point iv

Regulation (EC) No 1165/98

Annex C – point d – point 2

 

Text proposed by the Commission

Amendment

“2.  The turnover variable (No 120) and the volume of sales variable (No 123) are also to be transmitted in a working-day adjusted form. Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the amendment of the list of variables to be transmitted in working-day adjusted form.”

“2.  The turnover variable (No 120) and the volume of sales variable (No 123) are also to be transmitted in a working-day adjusted form. Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a amending the list of variables to be transmitted in working-day adjusted form.”

(The numbering of the Commission proposal should be corrected. Point (9) is actually point (8))

Justification

Clarification of empowerment (i.e. to amend).

Amendment    139

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 8 – point v

Regulation (EC) No 1165/98

Annex C – point g – point 2

 

Text proposed by the Commission

Amendment

“2.  The variables shall be transmitted for turnover (No 120) and the deflator of sales/volume of sales (No 330/123) within one month for the level of detail specified in paragraph 3 under heading (f) of this Annex. Member States may choose to participate for the turnover and deflator of sales/ volume of sales variables No 120 and 330/123 with contributions according to the allocation of a European sample scheme as defined in point (d) of the first subparagraph of Article 4(2). The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the terms of the allocation of a European sample scheme.”

“2.  The variables shall be transmitted for turnover (No 120) and the deflator of sales/volume of sales (No 330/123) within one month for the level of detail specified in paragraph 3 under heading (f) of this Annex. Member States may choose to participate for the turnover and deflator of sales/ volume of sales variables No 120 and 330/123 with contributions according to the allocation of a European sample scheme as defined in point (d) of the first subparagraph of Article 4(2). The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by determining the terms of the allocation of a European sample scheme.”

(The numbering of the Commission proposal should be corrected. Point (9) is actually point (8))

Justification

Clarification of empowerment (to supplement).

Amendment    140

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 9 – point i

Regulation (EC) No 1165/98

Annex D – point b – point 2

 

Text proposed by the Commission

Amendment

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the use of other observation units.”

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by providing for the possibility to use other observation units.”

(The numbering of the Commission proposal should be corrected. Point (10) is actually point (9))

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    141

Proposal for a regulation

Annex I – Part VII – point 57 – paragraph 4 – point 9 – point iv

Regulation (EC) No 1165/98

Annex D – point d – point 2

 

Text proposed by the Commission

Amendment

“2.  The turnover variable (No 120) is also to be transmitted in working-day adjusted form. Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the amendment of the list of variables to be transmitted in working-day adjusted form may be amended by the Commission.

“2.  The turnover variable (No 120) is also to be transmitted in working-day adjusted form. Wherever other variables show working-day effects, Member States may also transmit those variables in working-day adjusted form. The Commission is empowered to adopt delegated acts in accordance with Article 18a amending the list of variables to be transmitted in working-day adjusted form”;

(The numbering of the Commission proposal should be corrected. Point (10) is actually point (9))

Amendment    142

Proposal for a regulation

Annex I – Part VII – point 58 – paragraph 1

Text proposed by the Commission

Amendment

In order to adapt Regulation (EC) No 530/1999 with a view to taking account of economic and technical changes, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Regulation with the definition and breakdown of the information to be provided and the quality evaluation criteria. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

In order to adapt Regulation (EC) No 530/1999 with a view to taking account of economic and technical changes, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Regulation with the definition and breakdown of the information to be provided and the criteria for quality evaluation of the statistics. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Justification

Alignment with the amendment proposed for Article 10(3) of Regulation (EC) No 530/1999.

Amendment    143

Proposal for a regulation

Annex I – Part VII – point 58 – paragraph 3 – point 1

Regulation (EC) No 530/1999

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 10a concerning the definition and breakdown of the information to be provided under paragraphs 1 and 2 of this Article. These delegated acts shall be adopted for each reference period at least nine months before the beginning of the reference period.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 10a to supplement this Regulation by specifying the definition and breakdown of the information to be provided under paragraphs 1 and 2 of this Article. These delegated acts shall be adopted for each reference period at least nine months before the beginning of the reference period.”

Justification

Clarification of empowerment (to supplement).

Amendment    144

Proposal for a regulation

Annex I – Part VII – point 58 – paragraph 3 – point 3

Regulation (EC) No 530/1999

Article 10 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 10a concerning the quality evaluation criteria. Those delegated acts shall be adopted for each reference period at least nine months before the beginning of the reference period.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 10a to supplement this Regulation by specifying the criteria for quality evaluation of the statistics. Those delegated acts shall be adopted for each reference period at least nine months before the beginning of the reference period.”

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    145

Proposal for a regulation

Annex I – Part VII – point 58 – paragraph 3 – point 4

Council Regulation (EC) No 530/1999

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(3) and Article 10(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(3) and Article 10(3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of duration of empowerment to the established practice in legislation in the area of ECON responsibilities and to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    146

Proposal for a regulation

Annex I – Part VII – point 58 – paragraph 3 – point 4

Regulation (EC) No 530/1999

Article 10 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 6(3) and Article 10(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 6(3) and Article 10(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the duration of the scrutiny period to the established practice in legislation in the area of ECON responsibilities.

Amendment    147

Proposal for a regulation

Annex I – Part VII – point 59 – paragraph 4

Text proposed by the Commission

Amendment

In order to ensure uniform conditions for the implementation of Regulation (EC) No 2150/2002 concerning the production of results, the appropriate format for the transmission of results and the contents of the quality reports implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

In order to ensure uniform conditions for the implementation of Regulation (EC) No 2150/2002 concerning the production of results, the appropriate format for the transmission of results and the structure and detailed arrangements of the quality reports implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Justification

In line with amendment to Article aligning the wording to recent legislation in the area of statistics.

Amendment    148

Proposal for a regulation

Annex I – Part VII – point 59 – paragraph 5 – point 1

Regulation (EC) No 2150/2002

Article 1 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning the establishment of a table of equivalence between the statistical nomenclature of Annex III to this Regulation and the list of waste established by Commission Decision 2000/532/EC.*

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 5b to supplement this Regulation by establishing a table of equivalence between the statistical nomenclature of Annex III to this Regulation and the list of waste established by Commission Decision 2000/532/EC.*

____________________

____________________

* Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).”

* Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    149

Proposal for a regulation

Annex I – Part VII – point 59 – paragraph 5 – point 2 – point a

Regulation (EC) No 2150/2002

Article 3 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning the definition the quality and accuracy conditions.”

“The Commission is empowered to adopt delegated acts in accordance with Article 5b to supplement this Regulation by defining the quality and accuracy conditions.”

Justification

Clarification of empowerment (to supplement).

Amendment    150

Proposal for a regulation

Annex I – Part VII – point 59 – paragraph 5 – point 4

Regulation (EC) No 2150/2002

Article 5 a – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning the adjustment to economic and technical developments in the collection and statistical processing of data, as well as the processing and the transmission of results and the adaptation of the specifications listed in the Annexes.

The Commission is empowered to adopt delegated acts in accordance with Article 5b to amend this Regulation by adjusting it to economic and technical developments in the collection and statistical processing of data, as well as the processing and the transmission of results and by adapting the specifications listed in the Annexes.

Justification

Clarification of empowerment (i.e. to amend).

Amendment    151

Proposal for a regulation

Annex I – Part VII – point 59 – paragraph 5 – point 4

Regulation (EC) No 2150/2002

Article 5 b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 1(5), Article 3(1) and (4) and Article 5a, shall be conferred on the Commission for an indeterminate period of time from [[date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 1(5), Article 3(1) and (4), and Article 5a, shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    152

Proposal for a regulation

Annex I – Part VII – point 59 – paragraph 5 – point 5

Regulation (EC) No 2150/2002

Article 6 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c)  the contents of the quality reports as referred to in Section 7 of Annex I and Section 7 of Annex II.

(c)  the structure and detailed arrangements of the quality reports as referred to in Section 7 of Annex I and Section 7 of Annex II.

Justification

This amendment is consistent with other amendments to this proposal and with more recent legislation in the area of statistics. Since the appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, this is clarified by the proposed amendment. In the spirit of good cooperation with the other institutions this amendment is also showing the effort of the European Parliament to find an agreement on this file by accepting the proposed procedure.

Amendment    153

Proposal for a regulation

Annex I – Part VII – point 60 – paragraph 3 – point 2

Regulation (EC) No 437/2003

Article 5 – paragraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 10a concerning the establishment of other standards of accuracy.

The Commission is empowered to adopt delegated acts in accordance with Article 10a to supplement this Regulation by establishing other standards of accuracy.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    154

Proposal for a regulation

Annex I – Part VII – point 60 – paragraph 3 – point 5

Regulation (EC) No 437/2003

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(1) and Article 5 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(1) and Article 5 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    155

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 1 – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  supplement that Regulation by adopting measures regarding the provision of the data pursuant to the results of the feasibility studies.

Justification

Alignment of introduction with proposed changes to Article 10(5) of Regulation (EC) No 450/2003.

Amendment    156

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 3

Text proposed by the Commission

Amendment

In order to ensure uniform conditions for the implementation of Regulation (EC) No 450/2003 concerning the content of the quality report, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

In order to ensure uniform conditions for the implementation of Regulation (EC) No 450/2003 concerning the structure and detailed arrangements for the quality report, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Justification

Alignment of introduction with proposed changes to Article 8(2) of Regulation (EC) No 450/2003.

Amendment    157

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 1

Regulation (EC) No 450/2003

Article 2 – paragraph 4

 

Text proposed by the Commission

Amendment

“4.   The Commission is empowered to adopt delegated acts in accordance with Article 11a concerning amendments to redefine the technical specification of the index and revise the weighting structure.”

“4.   The Commission is empowered to adopt delegated acts in accordance with Article 11a amending the Annex to redefine the technical specification of the index and revise the weighting structure.”

Justification

Clarification of the empowerment.

Amendment    158

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 2

Regulation (EC) No 450/2003

Article 3 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.   The Commission is empowered to adopt delegated acts in accordance with Article 11a concerning the amendments for the inclusion of economic activities defined by NACE Rev.2 sections O to S in the scope of this Regulation, taking into account the feasibility studies defined in Article 10.”

“2.   The Commission is empowered to adopt delegated acts in accordance with Article 11a amending this Regulation as regards the inclusion of economic activities defined by NACE Rev.2 sections O to S in the scope of this Regulation, taking into account the feasibility studies provided for in Article 10.”

Justification

Clarification of the empowerment. Article 10 of Regulation (EC) No 450/2003 establishes the drawing-up of feasibility studies, but does not define them.

Amendment    159

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 3

Regulation (EC) No 450/2003

Article 4 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Taking account of contributions to total employment and to labour costs at Union and national levels, the Commission is empowered to adopt delegated acts in accordance with Article 11a concerning the identification of the economic activities defined by NACE Rev. 2 sections and by further disaggregations, not beyond the level of NACE Rev. 2 divisions (2-digit level) or groupings of divisions in which the data shall be broken down taking account of economic and social developments.

Taking account of contributions to total employment and to labour costs at Union and national levels, the Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Regulation as regards the breakdown by economic activities defined by NACE Rev. 2 sections and by further disaggregations, not beyond the level of NACE Rev. 2 divisions (2-digit level) or groupings of divisions in which the data shall be broken down taking account of economic and social developments.

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    160

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 3

Regulation (EC) No 450/2003

Article 4 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 11a concerning the determination of these economic activities, taking into account the feasibility studies defined in Article 10.

The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Regulation by determining these economic activities, taking into account the feasibility studies provided for in Article 10.

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    161

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 3

Regulation (EC) No 450/2003

Article 4 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 11a concerning the establishment of the methodology for chaining the index.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Regulation by establishing the methodology for chaining the index.”

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    162

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 4

Regulation (EC) No 450/2003

Article 8 – paragraph 1

 

Text proposed by the Commission

Amendment

“1.  The Commission is empowered to adopt delegated acts in accordance with Article 11a concerning the definition of separate quality criteria. The current data and back data transmitted shall satisfy these quality criteria.”

“1.  The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Regulation by defining separate quality criteria. The current data and back data transmitted shall satisfy these quality criteria.”

Justification

Clarification of empowerment (to supplement).

Amendment    163

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 4

Regulation (EC) No 450/2003

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.  The Member States shall provide annual quality reports to the Commission, beginning in 2003. The content of the reports shall be defined by the Commission by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(2).”

“2.  The Member States shall provide annual quality reports to the Commission, beginning in 2003. The structure and detailed arrangements for the reports shall be defined by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(2).”

Justification

It is not appropriate to set out the content of such reports by means of implementing act. Since the appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, this is clarified by the proposed amendment. This is also consistent with more recent legislation in the area of statistics.

Amendment    164

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 4 a (new)

Regulation (EC) No 450/2003

Article 9

 

Text proposed by the Commission

Amendment

 

(4a)  Article 9 is deleted.

Justification

Article 9 pertains to transposition periods and derogations which have expired in the meantime. The article is thus superfluous and should be deleted.

Amendment    165

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 5 – point a

Regulation (EC) No 450/2003

Article 10 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.  The Commission shall adopt measures pursuant to the results of the feasibility studies by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(2). Those measures shall respect the principle of cost-effectiveness, as defined in Article 2 of Regulation (EC) No 223/2009, including the minimisation of the burden on respondents.”

“5.  The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Regulation concerning the provision of the data referred to in paragraph 2 of this Article pursuant to the results of the feasibility studies referred to in this Article. Those delegated acts shall respect the principle of cost-effectiveness, as defined in Article 2 of Regulation (EC) No 223/2009, including the minimisation of the burden on respondents.”

Justification

It is not appropriate to for such measures to be adopted by means of implementing acts, as the empowerment goes beyond the setting ‘of uniform conditions for implementing legally binding Union acts’ as described in Article 291 TFEU. This empowerment must therefore be in the form of a delegated act.

Amendment    166

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 7

Regulation (EC) No 450/2003

Article 11 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 2(4), Article 3(2) and Article 4 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this omnibus].

2.  The power to adopt delegated acts referred to in Article 2(4), Article 3(2), Article 4(1), (2) and (3), Article 8(1) and Article 10(5) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of references and duration of the empowerment (see Parliament’s resolution of 25 February 2014, paragraph 9).

Amendment    167

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 7

Regulation (EC) No 450/2003

Article 11 a – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 2(4), Article 3(2) and Article 4 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in Article 2(4), Article 3(2), Article 4(1), (2) and (3), Article 8(1) and Article 10(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Justification

Alignment of references.

Amendment    168

Proposal for a regulation

Annex I – Part VII – point 61 – paragraph 4 – point 7

Regulation (EC) No 450/2003

Article 11 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 2(4), Article 3(2) and Article 4 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 2(4), Article 3(2), Article 4(1), (2) and (3), Article 8(1) and Article 10(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of references, scrutiny period and its extension.

Amendment    169

Proposal for a regulation

Annex I – Part VI – point 62 – paragraph 3 – point 2

Regulation (EC) No 808/2004

Article 8 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 8(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 8(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    170

Proposal for a regulation

Annex I – Part VII – point 63 – paragraph 1 – indent 2

Text proposed by the Commission

Amendment

-  amend that Regulation to adapt the proportion of the Union total;

-  amend that Regulation to adjust the proportion of the Union total;

Justification

Alignment with the amendment proposed for Article 3(3).

Amendment    171

Proposal for a regulation

Annex I – Part VII – point 63 – paragraph 3 – point 1 – point a

Regulation (EC) No 1161/2005

Article 2 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 7a concerning the timetable for the transmission of items P.1, P.2, D.42, D.43, D.44, D.45, and B.4G, and any decision to require a breakdown of the transactions listed in the Annex by counterPart sector. Any such decision shall only be adopted after the Commission has reported to the European Parliament and the Council on the implementation of this Regulation pursuant to Article 9.”

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 7a to supplement this Regulation by specifying the timetable for the transmission of items P.1, P.2, D.42, D.43, D.44, D.45, and B.4G, and by requiring a breakdown of the transactions listed in the Annex by counterpart sector. Any such delegated act shall only be adopted after the Commission has reported to the European Parliament and the Council on the implementation of this Regulation pursuant to Article 9.”

Justification

Clarification of empowerment (to supplement) and scope.

Amendment    172

Proposal for a regulation

Annex I – Part VII – point 63 – paragraph 3 – point 1 – point b a (new)

Regulation (EC) No 1161/2005

Article 2 – paragraph 5

 

Text proposed by the Commission

Amendment

 

(ba)  paragraph 5 is deleted;

Justification

Paragraph 5 refers to transmission data in 2004 and is thus obsolete; it should be deleted.

Amendment    173

Proposal for a regulation

Annex I – Part VII – point 63 – paragraph 3 – point 2

Regulation (EC) No 1161/2005

Article 3 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 7a amending paragraph 1 of this Article as regards the proportion of the Union total."

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 7a amending paragraph 1 of this Article to adjust the proportion (1%) of the Union total."

Justification

Clarification of the (scope of the) empowerment.

Amendment    174

Proposal for a regulation

Annex I – Part VII – point 63 – paragraph 3 – point 3

Regulation (EC) No 1161/2005

Article 6 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

“1.  The Commission is empowered to adopt delegated acts in accordance with Article 7a concerning the adoption of common quality standards.”

“1.  The Commission is empowered to adopt delegated acts in accordance with Article 7a to supplement this Regulation by establishing common quality standards.”

Justification

Clarification of empowerment (to supplement).

Amendment    175

Proposal for a regulation

Annex I – Part VII – point 63 – paragraph 3 – point 4

Regulation (EC) No 1161/2005

Article 7 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 2(2) and (4), Article 3(3) and Article 6(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 2(2) and (4), Article 3(3) and Article 6(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    176

Proposal for a regulation

Annex I – Part VII – point 63 – paragraph 3 – point 4

Regulation (EC) No 1161/2005

Article 7 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 2(2) and (4), Article 3(3) and Article 6(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 2(2) and (4), Article 3(3) and Article 6(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    177

Proposal for a regulation

Annex I – Part VII – point 64 – paragraph 4 – point 1

Regulation (EC) No 1552/2005

Article 5 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

In addition, the Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the extension of that definition, if such extension would substantially enhance the representativeness and the quality of the result of the survey in the Member States concerned.;

In addition, the Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by adopting the extension of that definition, if such extension would substantially enhance the representativeness and the quality of the result of the survey in the Member States concerned.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    178

Proposal for a regulation

Annex I – Part VII – point 64 – paragraph 4 – point 2

Regulation (EC) No 1552/2005

Article 7 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 13a determining the sampling and precision requirements, the sample sizes needed to meet those requirements, and the detailed specifications of the NACE Rev. 2 and size categories into which the results can be broken down.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by determining the sampling and precision requirements, the sample sizes needed to meet those requirements, and the detailed specifications of the NACE Rev. 2 and size categories into which the results can be broken down.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    179

Proposal for a regulation

Annex I – Part VII – point 64 – paragraph 4 – point 3

Regulation (EC) No 1552/2005

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.   The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the specific data to be collected with respect to training and non-training enterprises and to the different forms of vocational training.”

“2.   The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by establishing the specific data to be collected with respect to training and non-training enterprises and to the different forms of vocational training.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    180

Proposal for a regulation

Annex I – Part VII – point 64 – paragraph 4 – point 4 – point a

Regulation (EC) No 1552/2005

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

“4.   The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the quality requirements for the data to be collected and transmitted for European statistics on vocational training in enterprises, and any measures necessary for assessing or improving the quality of the data.”

“4.   The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by establishing the quality requirements for the data to be collected and transmitted for European statistics on vocational training in enterprises, and by adopting any measures necessary for assessing or improving the quality of the data.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    181

Proposal for a regulation

Annex I – Part VII – point 64 – paragraph 4 – point 4 – point b

Regulation (EC) No 1552/2005

Article 9 – paragraph 5

 

Text proposed by the Commission

Amendment

“5. The Commission shall determine the structure of the quality reports referred to in paragraph 2 by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2).”

“5. When drawing up the quality reports referred to in paragraph 2, Member States shall comply with the quality requirements and any other measure established pursuant to paragraph 4. In order to assess the quality of the data transmitted, they shall use the format determined by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2).”

Justification

This amendment makes it clear that the structure of the quality reports, adopted by means of implementing act, refers to the format that Member States shall use when they have to assess the quality of data transmitted, and that this assessment is based on the quality criteria already adopted by means of delegated acts.

Amendment    182

Proposal for a regulation

Annex I – Part VII – point 64 – paragraph 4 – point 5

Regulation (EC) No 1552/2005

Article 10 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.   The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the determination of the first reference year for which the data are to be collected.”

“2.   The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by determining the first reference year for which the data are to be collected.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    183

Proposal for a regulation

Annex I – Part VII – point 64 – paragraph 4 – point 7

Regulation (EC) No 1552/2005

Article 13 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 5(2), Article 7(3), Article 8(2), Article 9(4), Article 10(2) and Article 13 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 5(2), Article 7(3), Article 8(2), Article 9(4), Article 10(2) and Article 13 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    184

Proposal for a regulation

Annex I – Part VII – point 65 – paragraph 2 – point 1

Regulation (EC) No 1893/2006

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 6a amending the Annex to take account of technological or economic developments or to align it with other economic and social classifications.”

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 6a amending Annex I to take account of technological or economic developments or to align it with other economic and social classifications.”

Justification

Specification of the reference (as there is more than one Annex).

Amendment    185

Proposal for a regulation

Annex I – Part VII – point 65 – paragraph 2 – point 2

Regulation (EC) No 1893/2006

Article 6 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    186

Proposal for a regulation

Annex I – Part VII – point 65 – paragraph 2 – point 2

Regulation (EC) No 1893/2006

Article 6 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 6(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 6(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of scrutiny period and its extension.

Amendment    187

Proposal for a regulation

Annex I – Part VII – point 66 – paragraph 2 – point 2

Regulation (EC) No 458/2007

Article 7 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 7a establishing the first year for which full data shall be collected, and adopting measures relating to the detailed classification of data covered and the definitions to be used.

The Commission is empowered to adopt delegated acts in accordance with Article 7a to supplement this Regulation by establishing the first year for which full data shall be collected, and by adopting measures relating to the detailed classification of data covered and the definitions to be used.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    188

Proposal for a regulation

Annex I – Part VII – point 66 – paragraph 2 – point 3

Regulation (EC) No 458/2007

Article 7 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 7(3) and Annex I, point 1.1.2.4. shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 7(3) and Annex I, point 1.1.2.4. shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    189

Proposal for a regulation

Annex I – Part VII – point 67 – paragraph 1

Text proposed by the Commission

Amendment

In order to adapt Regulation (EC) No 716/2007 to economic and technical developments the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the definitions in Annexes I and II and the level of detail in Annex III and to supplement that Regulation with measures concerning inward and outward statistics on foreign affiliates.

In order to adapt Regulation (EC) No 716/2007 to economic and technical developments the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the definitions in Annexes I and II and the level of detail in Annex III and to supplement that Regulation with measures concerning inward and outward statistics on foreign affiliates and common quality standards.

Justification

More specific description of the empowerment, see also amendment to Article 6(3) of this Regulation (EC) No 716/2007).

Amendment    190

Proposal for a regulation

Annex I – Part VII – point 67 – paragraph 4 – point 2

Regulation (EC) No 716/2007

Article 5 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the necessary measures for inward and outward statistics on foreign affiliates, on the basis of the conclusions of the pilot studies.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by determining the necessary measures for inward and outward statistics on foreign affiliates, on the basis of the conclusions of the pilot studies.

Justification

Clarification of empowerment (to supplement).

Amendment    191

Proposal for a regulation

Annex I – Part VII – point 67 – paragraph 4 – point 3

Regulation (EC) No 716/2007

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning common quality standards.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing the common quality standards referred to in paragraph 1.”

Justification

Clarification of empowerment (to supplement) and scope, in order to make them more specific.

Amendment    192

Proposal for a regulation

Annex I – Part VII – point 67 – paragraph 4 – point 4 – point a – point ii

Regulation (EC) No 716/2007

Article 9 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

“(c)  defining the contents and periodicity of the quality reports.”

"(c)  defining the structure, detailed arrangements and periodicity of the quality reports referred to in Article 6(2).”

Justification

It is not appropriate to set out the content of such reports by means of implementing act.Since the appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, this is clarified by the proposed amendment. This is also consistent with more recent legislation in the area of statistics.

Amendment    193

Proposal for a regulation

Annex I – Part VII – point 67 – paragraph 4 – point 5

Regulation (EC) No 716/2007

Article 9 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 2, Article 5(4) and Article 6(3) shall be conferred on the Commission for an indeterminate period of time [from the entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in the second paragraph of Article 2, Article 5(4) and Article 6(3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    194

Proposal for a regulation

Annex I – Part VII – point 67 – paragraph 4 – point 5

Regulation (EC) No 716/2007

Article 9 a – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 2, Article 5(4) and Article 6(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in the second paragraph of Article 2, Article 5(4) and Article 6(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Justification

Technical correction.

Amendment    195

Proposal for a regulation

Annex I – Part VII – point 67 – paragraph 4 – point 5

Regulation (EC) No 716/2007

Article 9 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 2, Article 5(4) and Article 6(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to the second paragraph of Article 2, Article 5(4) and Article 6(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    196

Proposal for a regulation

Annex I – Part VII – point 68 – paragraph 2 – point 1

Regulation (EC) No 862/2007

Article 9 a – subparagraph 2 – introductory part

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 10a:

The Commission is empowered to adopt delegated acts in accordance with Article 10a to supplement this Regulation by:

Amendment    197

Proposal for a regulation

Annex I – Part VII – point 68 – paragraph 2 – point 3

Regulation (EC) No 862/2007

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 9a shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 9a shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    198

Proposal for a regulation

Annex I – Part VII – point 69 – paragraph 3 – point 1

Regulation (EC) No 1445/2007

Article 3 – paragraph 1 a

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 10a amending the definitions and amending the list of basic headings in Annex II to take account of economic and technical changes, insofar as this does not involve a disproportionate increase in costs for the Member States.”

“The Commission is empowered to adopt delegated acts in accordance with Article 10a amending the definitions set out in the first paragraph and amending the list of basic headings in Annex II to take account of economic and technical changes, insofar as this does not involve a disproportionate increase in costs for the Member States.”

Justification

The empowerment needs to be more precise and its scope must be clearly defined as required by Article 290 of the Treaty.

Amendment    199

Proposal for a regulation

Annex I – Part VII – point 69 – paragraph 3 – point 2 – point a

Regulation (EC) No 1445/2007

Article 7 – paragraph 4

 

Text proposed by the Commission

Amendment

“4.   The Commission is empowered to adopt delegated acts in accordance with Article 10a concerning common criteria on which the quality control is based.”

“4.   The Commission is empowered to adopt delegated acts in accordance with Article 10a to supplement this Regulation by establishing common criteria on which the quality control referred to in paragraph 1 is based.”

Justification

The empowerment needs to be more precise and its scope must be clearly defined as required by Article 290 of the Treaty.

Amendment    200

Proposal for a regulation

Annex I – Part VII – point 69 – paragraph 3 – point 2 – point b

Regulation (EC) No 1445/2007

Article 7 – paragraph 5

 

Text proposed by the Commission

Amendment

“5.  The Commission shall adopt the structure of the quality reports, as specified in point 5.3 of Annex I, by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2).”

“5.  The Commission shall set out the structure and detailed arrangements for the quality reports, as referred to in paragraph 3 and specified in point 5.3 of Annex I, by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2).”

Justification

The scope of the empowerment needs to be clearly defined.

Amendment    201

Proposal for a regulation

Annex I – Part VII – point 69 – paragraph 3 – point 3

Regulation (EC) No 1445/2007

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3 and Article 7(4) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in the second paragraph of Article 3 and Article 7(4) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    202

Proposal for a regulation

Annex I – Part VII – point 69 – paragraph 3 – point 3

Regulation (EC) No 1445/2007

Article 10 a – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 3 and Article 7(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in the second paragraph of Article 3 and Article 7(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Justification

Technical correction.

Amendment    203

Proposal for a regulation

Annex I – Part VII – point 69 – paragraph 3 – point 3

Regulation (EC) No 1445/2007

Article 10 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 3 and Article 7(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to the second paragraph of Article 3 and Article 7(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    204

Proposal for a regulation

Annex I – Part VII – point 70 – paragraph 1

Text proposed by the Commission

Amendment

In order to adapt Regulation (EC) No 177/2008 to economic and technical developments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list of register characteristics, their definition and their continuity rules in the Annex to that Regulation and to supplement that Regulation with common quality standards and rules for updating registers and by determining the extent to which certain enterprises and enterprise groups are to be included in the registers, specifying units consistent with those for agricultural statistics. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

In order to adapt Regulation (EC) No 177/2008 to economic and technical developments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list of register characteristics, their definition and their continuity rules in the Annex to that Regulation and to supplement that Regulation with common standards for the quality of business registers and rules for updating registers and by determining the extent to which certain enterprises and enterprise groups are to be included in the registers, specifying units consistent with those for agricultural statistics. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Justification

Alignment with proposed amendment in Article 6(3) of Regulation (EC) No 177/2008.

Amendment    205

Proposal for a regulation

Annex I – Part VII – point 70 – paragraph 3 – point 1

Regulation (EC) No 177/2008

Article 3 – paragraph 6

 

Text proposed by the Commission

Amendment

“6.  The Commission is empowered to adopt delegated acts in accordance with Article 15a determining the extent to which enterprises with less than half a person employed and all resident enterprise groups of no statistical importance to the Member States are to be included in the registers, and the definition of units consistent with those for agricultural statistics.”

“6.  The Commission is empowered to adopt delegated acts in accordance with Article 15a to supplement this Regulation by determining the extent to which enterprises with less than half a person employed and all resident enterprise groups of no statistical importance to the Member States are to be included in the registers, and the definition of units consistent with those for agricultural statistics.”

Justification

Clarification of empowerment (to supplement).

Amendment    206

Proposal for a regulation

Annex I – Part VII – point 70 – paragraph 3 – point 3

Regulation (EC) No 177/2008

Article 6 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 15a concerning common quality standards.

The Commission is empowered to adopt delegated acts in accordance with Article 15a to supplement this Regulation by establishing common standards for the quality of business registers as referred to in paragraph 1.

Justification

The empowerment needs to be more precise and its scope must be clearly defined as required by Article 290 of the Treaty.

Amendment    207

Proposal for a regulation

Annex I – Part VII – point 70 – paragraph 3 – point 3

Regulation (EC) No 177/2008

Article 6 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission shall adopt decisions concerning the content and periodicity of the quality reports by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16(2).

The Commission shall adopt decisions concerning the structure, detailed arrangements and periodicity of the quality reports referred to in paragraph 2 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16(2).

Justification

It is not appropriate to set out the content of such reports by means of implementing act. Since the appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, this is clarified by the proposed amendment. This is also consistent with more recent legislation in the area of statistics.

Amendment    208

Proposal for a regulation

Annex I – Part VII – point 70 – paragraph 3 – point 4

Regulation (EC) No 177/2008

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 15a concerning the rules for updating registers.”

“3.  The Commission is empowered to adopt delegated acts in accordance with Article 15a to supplement this Regulation by establishing the rules for updating registers.”

Justification

Clarification of empowerment (to supplement).

Amendment    209

Proposal for a regulation

Annex I – Part VII – point 70 – paragraph 3 – point 6

Regulation (EC) No 177/2008

Article 15 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(6), Article 5(2), Article 6(3) and Article 8(3) shall be conferred on the Commission for an indeterminate period of time [from the entry into force of the Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(6), Article 5(2), Article 6(3) and Article 8(3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    210

Proposal for a regulation

Annex I – Part VII – point 70 – paragraph 3 – point 6

Regulation (EC) No 177/2008

Article 15 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 3(6), Article 5(2), Article 6(3) and Article 8(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 3(6), Article 5(2), Article 6(3) and Article 8(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    211

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 1

Regulation (EC) No 295/2008

Article 3 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

“The use of the flexible module referred to in point (j) of paragraph 2 shall be planned in close cooperation with Member States. The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning its scope, list of characteristics, reference period, activities to be covered and quality requirements. The delegated act shall be adopted at least 12 months before the beginning of the reference period. The Commission shall also specify the need for the information and the impact of the data collection in respect of the burden on businesses and the costs to the Member States.”

“The use of the flexible module referred to in point (j) of paragraph 2 shall be planned in close cooperation with Member States. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing the scope of the flexible module, its list of characteristics, reference period, activities to be covered and quality requirements. The delegated act shall be adopted at least 12 months before the beginning of the reference period. The Commission shall also specify the need for the information and the impact of the data collection in respect of the burden on businesses and the costs to the Member States.”

Justification

Clarification of empowerment (to supplement) and its scope.

Amendment    212

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 2

Regulation (EC) No 295/2008

Article 4 – paragraph 4

 

Text proposed by the Commission

Amendment

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the measures necessary on the basis of the evaluation of the pilot studies.”

“4.  The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by defining the measures necessary on the basis of the evaluation of the pilot studies.”

Justification

Clarification of empowerment (to supplement).

Amendment    213

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 3

Regulation (EC) No 295/2008

Article 7 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.  In order that Union aggregates may be compiled, Member States shall produce component national results according to the levels of NACE Rev. 2 laid down in the Annexes to this Regulation or in delegated acts. The Commission is empowered to adopt such delegated acts in accordance with Article 11b.”

“2.  For the purposes of compiling Union aggregates, Member States shall produce component national results according to the levels of NACE Rev. 2 laid down in the Annexes to this Regulation or in delegated acts. The Commission is empowered to adopt such delegated acts in accordance with Article 11b supplementing this Regulation by determining the relevant levels of NACE Rev. 2.”

Justification

The empowerment needs to be more precise and its scope must be clearly defined as required by Article 290 of the Treaty.

Amendment    214

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 4 – point a

Regulation (EC) No 295/2008

Article 8 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The results shall be transmitted in an appropriate technical format, within a period of time starting from the end of the reference period. The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the reference period for the modules provided for in Article 3(2)(a) to (h) and (j) and this period shall be no longer than 18 months. For the module provided for in Article 3(2)(i), the period of time shall be no longer than 30 months or 18 months as laid down in Annex IX, Section 9. In addition, a small number of estimated preliminary results shall be transmitted within a period of time starting from the end of the reference period which shall be laid down in accordance with that procedure for the modules provided for in Article 3(2)(a) to (g) and shall be no longer than 10 months.

The results shall be transmitted in an appropriate technical format, within a period of time starting from the end of the reference period. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by specifying the reference period for the modules provided for in Article 3(2)(a) to (h) and (j), which period shall be no longer than 18 months. For the module provided for in Article 3(2)(i), the period of time shall be no longer than 30 months or 18 months as laid down in Annex IX, Section 9. In addition, a small number of estimated preliminary results shall be transmitted within a period of time starting from the end of the reference period. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by specifying that period for the modules provided for in Article 3(2)(a) to (g), which period shall be no longer than 10 months.

Justification

Clarification of empowerment (to supplement). Since the wording "...that procedure..." referred to the Regulatory Procedure with Scrutiny, this needs to be adapted in order to refer to the procedure for the adoption ofdelegated acts.

Amendment    215

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 4 – point b

Regulation (EC) No 295/2008

Article 8 – paragraph 3 –subparagraph 2

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the review of the rules for the CETO flag and grouping the Member States, by 29 April 2013 and every five years thereafter.”

“The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by reviewing the rules for the CETO flag and grouping the Member States, by 29 April 2013 and every five years thereafter.”

Justification

Clarification of empowerment (to supplement).

Amendment    216

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 6

Regulation (EC) No 295/2008

Article 11 a – introductory part

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning:

The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation as regards the following:

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    217

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 6

Regulation (EC) No 295/2008

Article 11 b – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(4), Article 4(4), Article 7(2), Article 8(2) and (3), Article 11a, Annex I, Sections 5, 6, 8(1) and (2), Section 6, of Annexes II, III and IV, Annex VI, Section 7, Annex VIII , Sections 3, 4(2) and (3), Annex IX Sections 8(2) and (3) and 10(2), shall be conferred on the Commission for an indeterminate period of time [from the entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(4), Article 4(4), Article 7(2), Article 8(2) and (3), Article 11a, Sections 5, 6, 8(1) and (2) of Annex I, Section 6 of Annexes II, III and IV, Section 7 of Annex VI, Sections 3, 4(2) and (3) of Annex VIII, Sections 8(2) and (3) and 10(2) of Annex IX shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    218

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 6

Regulation (EC) No 295/2008

Article 11 b – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 3(4), Article 4(4), Article 7(2), Article 8(2) and (3), Article 11a, Annex I, Sections 5, 6, 8(1) and (2), Section 6, of Annexes II, III and IV, Annex VI, Section 7, Annex VIII , Sections 3, 4(2) and (3), Annex IX Sections 8(2) and (3) and 10(2), shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”

6.  A delegated act adopted pursuant to Article 3(4), Article 4(4), Article 7(2), Article 8(2) and (3), Article 11a, Sections 5, 6, 8(1) and (2) of Annex I, Section 6 of Annexes II, III and IV, Section 7 of Annex VI, Sections 3, 4(2) and (3) of Annex VIII, Sections 8(2) and (3) and 10(2) of Annex IX, shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    219

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 8 – point a

Regulation (EC) No 295/2008

Annex I – section 5 – paragraph 1

 

Text proposed by the Commission

Amendment

The first reference year for which statistics are compiled is the calendar year 2008. Data will be compiled according to the breakdown in Section 9. However, the Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the first reference year for which statistics on the activity classes covered by the NACE Rev. 2 groups 64.2, 64.3 and 64.9 and division 66 are to be compiled.

The first reference year for which statistics are compiled is the calendar year 2008. Data will be compiled according to the breakdown in Section 9. However, the Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing the first reference year for which statistics on the activity classes covered by the NACE Rev. 2 groups 64.2, 64.3 and 64.9 and division 66 are to be compiled.

Justification

Clarification of empowerment (to supplement).

Amendment    220

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 8 – point a

Regulation (EC) No 295/2008

Annex I – section 6 – paragraph 1

 

Text proposed by the Commission

Amendment

For each of the key characteristics Member States will indicate the degree of precision by reference to a confidence level of 95 %, which the Commission will include in the report provided for in Article 13, taking account of the application in each Member States of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the key characteristics.

For each of the key characteristics Member States will indicate the degree of precision by reference to a confidence level of 95 %, which the Commission will include in the report provided for in Article 13, taking account of the application in each Member States of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing the key characteristics.

Justification

Clarification of empowerment (to supplement).

Amendment    221

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 8 – point b – point i

Regulation (EC) No 295/2008

Annex I – section 8 – paragraph 1

 

Text proposed by the Commission

Amendment

“1.  The results are to be transmitted within 18 months of the end of the calendar year of the reference period, except for the NACE Rev. 2 activity classes 64.11 and 64.19. For the NACE Rev. 2 activity classes 64.11 and 64.19 the transmission delay is 10 months. The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the transmission delay of the results on the activity classes covered by the NACE Rev. 2 groups 64.2, 64.3 and 64.9 and division 66.”

“1.  The results are to be transmitted within 18 months of the end of the calendar year of the reference period, except for the NACE Rev. 2 activity classes 64.11 and 64.19. For the NACE Rev. 2 activity classes 64.11 and 64.19 the transmission delay is 10 months. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing the transmission delay of the results on the activity classes covered by the NACE Rev. 2 groups 64.2, 64.3 and 64.9 and division 66.”

Justification

Clarification of empowerment (to supplement).

Amendment    222

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 8 – point b – point ii

Regulation (EC) No 295/2008

Annex I – section 8 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

“These preliminary results or estimates are to be broken down to NACE Rev. 2, 3-digit level (group). The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the division 66 of NACE Rev. 2, the transmission of preliminary results or estimates.”

“These preliminary results or estimates are to be broken down to NACE Rev. 2, 3-digit level (group). The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing the transmission of preliminary results or estimates for division 66 of NACE Rev. 2.”

Justification

Clarification of empowerment (to supplement) and scope.

Amendment    223

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 9

Regulation (EC) No 295/2008

Annex II – section 6 – paragraph 1

 

Text proposed by the Commission

Amendment

For each key characteristic Member States will indicate the degree of precision by reference to a confidence level of 95 % which the Commission will include in the report provided for in Article 13, taking account of the application in each Member State of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the key characteristics.

For each key characteristic Member States will indicate the degree of precision by reference to a confidence level of 95 % which the Commission will include in the report provided for in Article 13, taking account of the application in each Member State of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing such key characteristics.

Justification

Clarification of empowerment (to supplement).

Amendment    224

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 10

Regulation (EC) No 295/2008

Annex III – section 6 – paragraph 1

 

Text proposed by the Commission

Amendment

For each key characteristic Member States will indicate the degree of precision by reference to a confidence level of 95 % which the Commission will include in the report provided for in Article 13, taking account of the application in each Member State of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the key characteristics.

For each key characteristic Member States will indicate the degree of precision by reference to a confidence level of 95 % which the Commission will include in the report provided for in Article 13, taking account of the application in each Member State of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing such key characteristics.

Justification

Clarification of empowerment (to supplement).

Amendment    225

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 11

Regulation (EC) No 295/2008

Annex IV – section 6 – paragraph 1

 

Text proposed by the Commission

Amendment

For each key characteristic Member States will indicate the degree of precision by reference to a confidence level of 95 % which the Commission will include in the report provided for in Article 13, taking account of the application in each Member State of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the key characteristics.

For each key characteristic Member States will indicate the degree of precision by reference to a confidence level of 95 % which the Commission will include in the report provided for in Article 13, taking account of the application in each Member State of that Article. The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing such key characteristics.

Justification

Clarification of empowerment (to supplement).

Amendment    226

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 12

Regulation (EC) No 295/2008

Annex VI – section 7 – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the transmission delay of the results that will not be longer than 10 months starting from the end of the reference year.

The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing the transmission delay of the results that will not be longer than 10 months starting from the end of the reference year.

Justification

Clarification of empowerment (to supplement).

Amendment    227

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 13 – point a

Regulation (EC) No 295/2008

Annex VIII – section 3 –paragraph 1– sentence 5

 

Text proposed by the Commission

Amendment

“On the basis of this study, the Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the changing of the lower limit.”

“On the basis of this study, the Commission is empowered to adopt delegated acts in accordance with Article 11b to amend this Regulation by changing the lower limit of the reference population.”

Justification

Clarification of empowerment (to supplement) and scope.

Amendment    228

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 13 – point b

Regulation (EC) No 295/2008

Annex VIII – section 4 – paragraphs 2 and 3 – table

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning the determination of product breakdown.”

“The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing the product breakdown.”

(This amendment concerns the table ‘Breakdown of turnover by product type’, the sentence in the column ‘Comment’.)

Justification

Clarification of empowerment (to supplement).

Amendment    229

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 14 – point a

Regulation (EC) No 295/2008

Annex IX – section 8 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning some results that shall also be broken down into size classes to the level of detail listed in Section 10, except for NACE Rev. 2 Sections L, M and N, where the breakdown is required only to the group level.

2.  The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing that some results shall also be broken down into size classes to the level of detail listed in Section 10, except for NACE Rev. 2 Sections L, M and N, where the breakdown is required only to the group level.

Justification

Clarification of empowerment (to supplement).

Amendment    230

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 14 – point a

Regulation (EC) No 295/2008

Annex IX – section 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The Commission is empowered to adopt delegated acts in accordance with Article 11b concerning some results that shall also be broken down according to legal form to the level of the detail listed in Section 10, except for NACE Rev. 2 Sections L, M and N, where the breakdown is required only to the group level.;

3.  The Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing that some results shall also be broken down according to legal form to the level of the detail listed in Section 10, except for NACE Rev. 2 Sections L, M and N, where the breakdown is required only to the group level.;

Justification

Clarification of empowerment (to supplement).

Amendment    231

Proposal for a regulation

Annex I – Part VII – point 71 – paragraph 3 – point 14 – point b

Regulation (EC) No 295/2008

Annex IX – section 10 – paragraph 2 – subsection "Special aggregates"

 

Text proposed by the Commission

Amendment

To enable Union statistics on business demography to be compiled for the Information and Communication Technology sector, the Commission is empowered to adopt delegated acts in accordance with Article 11b concerning a number of special aggregates of the NACE Rev. 2 to be transmitted..

To enable Union statistics on business demography to be compiled for the Information and Communication Technology sector, the Commission is empowered to adopt delegated acts in accordance with Article 11b to supplement this Regulation by establishing a number of special aggregates of the NACE Rev. 2 to be transmitted..

Justification

Clarification of empowerment (to supplement).

Amendment    232

Proposal for a regulation

Annex I – Part VII – point 72 – paragraph 2 – point 1

Regulation (EC) No 451/2008

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 6a amending the Annex:

“2.  The Commission is empowered to adopt delegated acts in accordance with Article 6a amending the Annex to take account of technological or economic developments and to align it with other economic and social classifications”.

(a)  to take account of technological or economic developments;

 

(b)  to align it with other economic and social classifications.”

 

Justification

Alignment of wording as (a) and (b) is not necessary.

Amendment    233

Proposal for a regulation

Annex I – Part VII – point 72 – paragraph 2 – point 2

Regulation (EC) No 451/2008

Article 6 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    234

Proposal for a regulation

Annex I – Part VII – point 72 – paragraph 2 – point 2

Regulation (EC) No 451/2008

Article 6 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 6(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 6(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    235

Proposal for a regulation

Annex I – Part VII – point 73 – paragraph 3 – point 1

Regulation (EC) No 452/2008

Article 6 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The Commission is empowered to adopt delegated acts in accordance with Article 6a concerning:

1. The Commission is empowered to adopt delegated acts in accordance with Article 6a to supplement this Regulation as regards the following:

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    236

Proposal for a regulation

Annex I – Part VII – point 73 – paragraph 3 – point 2

Regulation (EC) No 452/2008

Article 6 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    237

Proposal for a regulation

Annex I – Part VII – point 74 – paragraph 3 – point 1 – point b

Regulation (EC) No 453/2008

Article 2 – paragraph 2

 

Text proposed by the Commission

Amendment

“For the purposes of point 1 of the first paragraph, the Commission is empowered to adopt delegated acts in accordance with Article 8a defining the concepts ‘active steps to find a suitable candidate’ and ‘specific period of time.”

“For the purposes of point 1 of the first paragraph, the Commission is empowered to adopt delegated acts in accordance with Article 8a to supplement this Regulation by defining the concepts ‘active steps to find a suitable candidate’ and ‘specific period of time.”

Amendment    238

Proposal for a regulation

Annex I – Part VII – point 74 – paragraph 3 – point 2

Regulation (EC) No 453/2008

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

“1.  Member States shall compile the quarterly data with reference to specific reference dates. The Commission is empowered to adopt delegated acts in accordance with Article 8a determining those specific reference dates.”

“1.  Member States shall compile the quarterly data with reference to specific reference dates. The Commission is empowered to adopt delegated acts in accordance with Article 8a to supplement this Regulation by determining those specific reference dates.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    239

Proposal for a regulation

Annex I – Part VII – point 74 – paragraph 3 – point 3

Regulation (EC) No 453/2008

Article 5 – paragraph 1

 

Text proposed by the Commission

Amendment

“1. The Commission is empowered to adopt delegated acts in accordance with Article 8a determining the date of the first reference quarter as well as the transmission deadlines. Any revision of quarterly data for previous quarters shall be transmitted at the same time.

“1. The Commission is empowered to adopt delegated acts in accordance with Article 8a to supplement this Regulation by determining the date of the first reference quarter as well as the transmission deadlines applicable to Member States. Any revision of quarterly data for previous quarters shall be transmitted at the same time.

Member States shall transmit the data and metadata to the Commission (Eurostat) according to a format determined by the Commission by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 9(3).”

Member States shall transmit the data and metadata to the Commission (Eurostat), and specify their source, according to a technical format determined by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 9(3).”

Justification

This provision should exclusively concern the technical format and the deadlines for transmission of data from the Member States. The source of data should be specified.

Amendment    240

Proposal for a regulation

Annex I – Part VII – point 74 – paragraph 3 – point 4

Regulation (EC) No 453/2008

Article 7 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 8a concerning the appropriate framework for the establishment of a series of feasibility studies.

The Commission is empowered to adopt delegated acts in accordance with Article 8a to supplement this Regulation by establishing the appropriate framework for the establishment of a series of feasibility studies.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    241

Proposal for a regulation

Annex I – Part VII – point 74 – paragraph 3 – point 5

Regulation (EC) No 453/2008

Article 8 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 2, Article 3(1), Article 5(1) and Article 7(1) and (3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 2, Article 3(1), Article 5(1) and Article 7(1) and (3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    242

Proposal for a regulation

Annex I – Part VII – point 75 – paragraph 2 – point 1 – point a

Regulation (EC) No 763/2008

Article 5 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 7a concerning the establishment of the subsequent reference years. Reference years shall fall during the beginning of every decade;

The Commission is empowered to adopt delegated acts in accordance with Article 7a to supplement this Regulation by establishing the subsequent reference years. Reference years shall fall during the beginning of every decade;

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    243

Proposal for a regulation

Annex I – Part VII – point 75 – paragraph 2 – point 1 – point b

Regulation (EC) No 763/2008

Article 5 – paragraph 3

 

Text proposed by the Commission

Amendment

3.   The Commission is empowered to adopt delegated acts in accordance with Article 7a concerning establishing a programme of the statistical data and of the metadata to be transmitted to fulfil the requirements of this Regulation.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 7a to supplement this Regulation by establishing a programme of the statistical data and of the metadata to be transmitted to fulfil the requirements of this Regulation.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    244

Proposal for a regulation

Annex I – Part VII – point 75 – paragraph 2 – point 3

Regulation (EC) No 763/2008

Article 7 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 5(1) and (3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 5(1) and (3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    245

Proposal for a regulation

Annex I – Part VII – point 76 – paragraph 3 – point 2

Regulation (EC) No 1099/2008

Article 4 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 10a further clarifying the terminology by adding relevant NACE references after a revision of the NACE classification has entered into force.

The Commission is empowered to adopt delegated acts in accordance with Article 10a to amend this Regulation in order to clarify the terminology by adding relevant NACE references after a revision of the NACE classification has entered into force.

Justification

Clarification of empowerment (i.e. to amend).

Amendment    246

Proposal for a regulation

Annex I – Part VII – point 76 – paragraph 3 – point 4

Regulation (EC) No 1099/2008

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

“The Commission is empowered to adopt delegated acts in accordance with Article 10a regarding the set of annual nuclear statistics.”

“The Commission is empowered to adopt delegated acts in accordance with Article 10a to supplement this Regulation by establishing the set of annual nuclear statistics.”

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    247

Proposal for a regulation

Annex I – Part VII – point 76 – paragraph 3 – point 5 – point a

Regulation (EC) No 1099/2008

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2.   The Commission is empowered to adopt delegated acts in accordance with Article 10a regarding the set of renewable energy statistics and the set of final energy consumption statistics.

2.   The Commission is empowered to adopt delegated acts in accordance with Article 10a to supplement this Regulation by establishing the set of renewable energy statistics and the set of final energy consumption statistics.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    248

Proposal for a regulation

Annex I – Part VII – point 76 – paragraph 3 – point 7

Regulation (EC) No 1099/2008

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(3), Article 4(2) and (3), Article 5(3), Article 8, and Article 9(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(3), Article 4(2) and (3), Article 5(3), Article 8, and Article 9(2) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    249

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 2

Regulation (EC) No 1338/2008

Article 7 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The data shall be provided in accordance with the time limits set out, at the intervals provided for, and in respect of the reference periods which are indicated in the Annexes or in delegated acts. The Commission is empowered to adopt such delegated acts in accordance with Article 9a.

The data shall be provided in accordance with the time limits set out, at the intervals provided for, and in respect of the reference periods which are indicated in the Annexes or in delegated acts. The Commission is empowered to adopt such delegated acts in accordance with Article 9a by supplementing this Regulation.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    250

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 3

Regulation (EC) No 1338/2008

Article 9 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning:

1. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by laying down the following:

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    251

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 4

Regulation (EC) No 1338/2008

Article 9 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6(2), Article 7(2) and Article 9(1) and in points (c), (d) and (e) of Annexes I, II, III, IV and V shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6(2), Article 7(2) and Article 9(1) and in points (c), (d) and (e) of Annexes I, II, III, IV and V shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    252

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 6 – point a

Regulation (EC) No 1338/2008

Annex I – point c – paragraph 1

 

Text proposed by the Commission

Amendment

Statistics shall be provided every five years from the EHIS; a different frequency may be needed for other data collections, such as those on morbidity or accidents and injuries, as well as for some specific survey modules. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the first reference year, the interval and the time limit for provision of the data.

Statistics shall be provided every five years from the EHIS; a different frequency may be needed for other data collections, such as those on morbidity or accidents and injuries, as well as for some specific survey modules. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the first reference year, the interval and the time limit for provision of the data.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    253

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 6 – point b

Regulation (EC) No 1338/2008

Annex I – point d – paragraph 2

 

Text proposed by the Commission

Amendment

Not all subjects are necessarily to be covered at the time of each data provision. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

Not all subjects are necessarily to be covered at the time of each data provision. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    254

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 6 – point c

Regulation (EC) No 1338/2008

Annex I – point e – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the provision of metadata, including metadata concerning characteristics of surveys and other sources used, population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the provision of metadata, including metadata concerning characteristics of surveys and other sources used, population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    255

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 7 – point a

Regulation (EC) No 1338/2008

Annex II – point c – paragraph 1

 

Text proposed by the Commission

Amendment

Statistics shall be provided annually. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the first reference year, the interval and the time limit for provision of the data.

Statistics shall be provided annually. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the first reference year, the interval and the time limit for provision of the data.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    256

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 7 – point b

Regulation (EC) No 1338/2008

Annex II – point d – paragraph 4

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    257

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 7 – point c

Regulation (EC) No 1338/2008

Annex II – point e – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the provision of metadata, including metadata concerning characteristics of sources and compilations used, population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the provision of metadata, including metadata concerning characteristics of sources and compilations used, population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    258

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 8 – point a

Regulation (EC) No 1338/2008

Annex III – point c – paragraph 1

 

Text proposed by the Commission

Amendment

Statistics shall be provided annually. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the first reference year. The data shall be submitted no later than 24 months after the end of the reference year. Provisional or estimated data can be provided earlier. In the case of public-health incidents, additional special data collections may be established, either for all deaths or for specific causes of death.

Statistics shall be provided annually. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the first reference year. The data shall be submitted no later than 24 months after the end of the reference year. Provisional or estimated data can be provided earlier. In the case of public-health incidents, additional special data collections may be established, either for all deaths or for specific causes of death.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    259

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 8 – point b

Regulation (EC) No 1338/2008

Annex III – point d – paragraph 4

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    260

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 8 – point c

Regulation (EC) No 1338/2008

Annex III – point e – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the provision of metadata, including metadata concerning population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the provision of metadata, including metadata concerning population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    261

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 9 – point a

Regulation (EC) No 1338/2008

Annex IV – point c – paragraph 1

 

Text proposed by the Commission

Amendment

Statistics shall be provided annually. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the first reference year. The data shall be submitted no later than 18 months after the end of the reference year.

Statistics shall be provided annually. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the first reference year. The data shall be submitted no later than 18 months after the end of the reference year.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    262

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 9 – point b

Regulation (EC) No 1338/2008

Annex IV – point d – paragraph 4

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    263

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 9 – point c

Regulation (EC) No 1338/2008

Annex IV – point e – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the provision of metadata, including metadata concerning population covered, the declaration rates for accidents at work and, when relevant, sampling characteristics, as well as information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the provision of metadata, including metadata concerning population covered, the declaration rates for accidents at work and, when relevant, sampling characteristics, as well as information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    264

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 10 – point a

Regulation (EC) No 1338/2008

Annex V – point c – paragraph 1

 

Text proposed by the Commission

Amendment

For occupational diseases, statistics shall be provided annually and submitted no later than 15 months after the end of the reference year. The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the reference periods, the intervals and the time limits for provision of the other data collections.

For occupational diseases, statistics shall be provided annually and submitted no later than 15 months after the end of the reference year. The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the reference periods, the intervals and the time limits for provision of the other data collections.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    265

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 10 – point b

Regulation (EC) No 1338/2008

Annex V – point d – paragraph 4

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing the measures relating to the characteristics, namely variables, definitions and classifications of the subjects listed above, and the breakdown of characteristics.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    266

Proposal for a regulation

Annex I – Part VII – point 77 – paragraph 2 – point 10 – point c

Regulation (EC) No 1338/2008

Annex V – point e – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 9a concerning the measures relating to the provision of metadata, including metadata concerning population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

The Commission is empowered to adopt delegated acts in accordance with Article 9a to supplement this Regulation by establishing rules concerning the measures relating to the provision of metadata, including metadata concerning population covered and information about any national specificity essential for the interpretation and compilation of comparable statistics and indicators.

Justification

Clarification of empowerment (i.e. to supplement).

Amendment    267

Proposal for a regulation

Annex I – Part VII – point 78 – paragraph 2 – point 2

Regulation (EC) No 1185/2009

Article 5 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 5(1a), (2) and (3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in 5(1a), (2) and (3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    268

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 1 – point a

Regulation (EC) No 1606/2002

Article 3 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 5a concerning the applicability within the Union of international accounting standards.

The Commission is empowered to adopt delegated acts in accordance with Article 5a to supplement this Regulation by establishing the applicability within the Union of international accounting standards (‘adopted international accounting standards’).

Justification

Clarification of empowerment (to supplement) and the links to the provisions in the other paragraphs of the basic act.

Amendment    269

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 1 – point a

Regulation (EC) No 1606/2002

Article 3 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where, in the case of possible imminent risks to the stability of financial markets, imperative grounds of urgency so require, the procedure provided for in Article 5b shall apply to delegated acts adopted pursuant to this paragraph.;

deleted

Justification

The use of the urgency procedure does not seem justified. If necessary, the European Parliament and the Council can raise an early non-objection (see proposed amendment to delete Article 5b of Regulation (EC) No 1606/2002).

Amendment    270

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 1 a (new)

Regulation (EC) No 1606/2002

Article 4 – paragraph 1

 

Present text

Amendment

 

(1 a)  in Article 4, paragraph 1 is replaced by the following:

“For each financial year starting on or after 1 January 2005, companies governed by the law of a Member State shall prepare their consolidated accounts in conformity with the international accounting standards adopted in accordance with the procedure laid down in Article 6(2) if, at their balance sheet date, their securities are admitted to trading on a regulated market of any Member State within the meaning of Article 1(13) of Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field (1).”

"For each financial year starting on or after 1 January 2005, companies governed by the law of a Member State shall prepare their consolidated accounts in conformity with the international accounting standards adopted in accordance with Article 3(1), if, at their balance sheet date, their securities are admitted to trading on a regulated market as defined in point (21) of Article 4(1) of Directive 2014/65/EU.

Justification

There is no need to refer to 'of a Member State' as the definition of a regulated market in Article 44 MiFID includes only those authorised in the EU.

Amendment    271

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 1 b (new)

Regulation (EC) No 1606/2002

Article 5

 

Present text

Amendment

 

(1 b)  Article 5 is replaced by the following:

"Article 5

"Article 5

Options in respect of annual accounts and of non publicly-traded companies

Options in respect of annual accounts and of non publicly-traded companies

Member States may permit or require:

Member States may permit or require:

(a)   the companies referred to in Article 4 to prepare their annual accounts,

(a)   the companies referred to in Article 4 to prepare their annual accounts,

(b)   companies other than those referred to in Article 4 to prepare their consolidated accounts and/or their annual accounts,

(b)   companies other than those referred to in Article 4 to prepare their consolidated accounts and/or their annual accounts,

in conformity with the international accounting standards adopted in accordance with the procedure laid down in Article 6(2).”

in conformity with the international accounting standards adopted in accordance with Article 3(1).”

Justification

Alignment of the applicable procedure (Article 6 of Regulation (EC) No 1606/2002 is deleted; empowerment for adoption of delegated acts is now in Article 3 thereof)..

Amendment    272

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 2

Regulation (EC) No 1606/2002

Article 5 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 3(1) shall be conferred on the Commission for an indeterminate period of time [from the entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 3(1) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    273

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 2

Regulation (EC) No 1606/2002

Article 5 a – paragraph 6

 

Text proposed by the Commission

Amendment

A delegated act adopted pursuant to Article 3(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 3(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    274

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 2

Regulation (EC) No 1606/2002

Article 5 b

 

Text proposed by the Commission

Amendment

Article 5b

deleted

Urgency procedure

 

1.  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

 

2.  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 5a(6) In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

 

Justification

The use of the urgency procedure does not seem justified. If necessary, the European Parliament and the Council can raise an early non-objection.

Amendment    275

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 3

Regulation (EC) No 1606/2002

Articles 6 and 7

 

Text proposed by the Commission

Amendment

(3)  Articles 6 and 7 are deleted.

(3)  Article 6 is deleted.

Justification

Only Article 6 is deleted because there is no longer comitology procedure.

Amendment    276

Proposal for a regulation

Annex I – Part VIII – point 79 – paragraph 2 – point 3 a (new)

Regulation (EC) No 1606/2002

Article 7

 

Present text

Amendment

 

(3 a)  Article 7 is replaced by the following:

“Article 7

“Article 7

Reporting and coordination

Reporting and coordination

1.   The Commission shall liaise on a regular basis with the Committee about the status of active IASB projects and any related documents issued by the IASB in order to coordinate positions and to facilitate discussions concerning the adoption of standards that might result from these projects and documents.

1.   The Commission shall inform on a regular basis the European Parliament and the Council about the status of active IASB projects and any related documents issued by the IASB in order to coordinate positions and to facilitate discussions concerning the adoption of standards that might result from these projects and documents.

2.   The Commission shall duly report to the Committee in a timely manner if it intends not to propose the adoption of a standard.”

2.   The Commission shall duly report to the European Parliament and to the Council in a timely manner if it intends not to propose the adoption of a standard.”

Justification

It is appropriate to establish certain reporting obligations to the Parliament and the Council as regards the preparation of draft international accounting standards. This would be in line with requests by Parliament (Stolojan report) and the text agreed in Article 9(6a) of the EFRAG Financing report.

Amendment    277

Proposal for a regulation

Annex I – Part VIII – point 80 – paragraph 1

Text proposed by the Commission

Amendment

In order to adapt Directive 2009/110/EC to take account of inflation or technological and market developments, and to ensure a convergent application of certain exemptions set out in that Directive, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Directive 2009/110/EC includes in Article 14 an empowerment for the Commission to adopt measures which are necessary to update the provisions of the Directive "in order to take account of inflation or technological and market developments" in accordance with the regulatory procedure with scrutiny. Such empowerment, if adapted to an empowerment for the adoption of delegated acts without further changes, would not satisfy the requirements of Article 290 TFEU regarding the necessary specification of objectives, content and scope of the delegation of power. Taking into account that the Commission has not used the empowerment to date, it should be deleted.

Justification

This amendment explains why the empowerment in this Directive is deleted entirely.

Amendment    278

Proposal for a regulation

Annex I – Part VIII – point 80 – paragraph 2 – point 1

Directive 2009/110/EC

Article 14

 

Text proposed by the Commission

Amendment

(1)  Article 14 is replaced by the following:

(1)  Article 14 is deleted.

Article 14

 

Delegated acts

 

The Commission is empowered to adopt delegated acts in accordance with Article 14a:

 

a)  amending this Directive in order to take account of inflation or technological and market developments;

 

b)  amending Article 1(4) and (5) to ensure the convergent application of the exemptions referred to in those provisions.;

 

Justification

The empowerment is too broad to be appropriate for a delegated act under Article 290 TFEU and it has not been used so far. Therefore, it should be deleted.

Amendment    279

Proposal for a regulation

Annex I – Part VIII – point 80 – paragraph 2 – point 2

Directive 2009/110/EC

Article 14 a

 

Text proposed by the Commission

Amendment

(2)  the following Article 14a is inserted:

deleted

‘Article 14a

 

Exercise of the delegation

 

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

2.  The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for an indeterminate period of time [from the entry into force of this Omnibus].

 

3.  The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

 

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*.

 

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

 

6.  A delegated act adopted pursuant to Article 14 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

 

________________

 

* OJ L 123, 12.5.2016, p. 1.; ’

 

Justification

Following the above amendments, there are no longer provisions empowering the Commission to adopt delegated acts; therefore, this procedural provision should be deleted.

Amendment    280

Proposal for a regulation

Annex I – Part IX – point 81 – paragraph 2 – point 4

Directive 75/324/EEC

Article 10 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 5 and Article 10(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 5 and Article 10(3) shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    281

Proposal for a regulation

Annex I – Part IX – point 81 – paragraph 2 – point 4

Directive 75/324/EEC

Article 10 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 5 and Article 10(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 5 and Article 10(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Amendment    282

Proposal for a regulation

Annex I – Part IX – point 82 – paragraph 2 – point 2

Directive 76/211/EEC

Article 6 a – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus].

2.  The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from ... [date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).

Amendment    283

Proposal for a regulation

Annex I – Part IX – point 82 – paragraph 2 – point 2

Directive 76/211/EEC

Article 6 a – paragraph 6

 

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Justification

Alignment of the scrutiny period and its extension.

Amendment    284

Proposal for a regulation

Annex I – part IX – point 83 – paragraph 2 – point 1

Directive 80/181/EEC

Article 6 a –paragraph 1

 

Text proposed by the Commission

Amendment