REPORT 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

2.2.2018 - (COM(2016)0799 – C8‑0524/2016 – 2016/0400(COD)) - ***I

Committee on Legal Affairs
Rapporteur: József Szájer

Errata/Addenda

• ERR01 (PDF - 177 KB)
• ERR01 (DOC - 59 KB)

Amendments

• 001-584 (PDF - 814 KB)
• 001-584 (DOC - 170 KB)
• 585-585 (PDF - 677 KB)
• 585-585 (DOC - 157 KB)
• 586-586 (PDF - 97 KB)
• 586-586 (DOC - 68 KB)
• 587-587 (PDF - 98 KB)
• 587-587 (DOC - 68 KB)

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 The Commission is empowered to adopt delegated acts in accordance with Article 6c establishing supplementary indications. The Commission is empowered to adopt delegated acts in accordance with Article 6c to supplement this Directive by establishing supplementary indications.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    285 Proposal for a regulation Annex I – Part IX – point 83 – paragraph 2 – point 2 Directive 80/181/EEC Article 6 c – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6a 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 6a 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    286 Proposal for a regulation Annex I – Part IX – point 83 – paragraph 2 – point 2 Directive 80/181/EEC Article 6 c – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 6a 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 6a 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    287 Proposal for a regulation Annex I – Part IX – point 84 – paragraph 2 – point 1 Directive 97/67/EC Article 16 – paragraph 6
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 21a specifying such standardised conditions.; The Commission is empowered to adopt delegated acts in accordance with Article 21a to supplement this Directive by specifying such standardised conditions.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    288 Proposal for a regulation Annex I – Part IX – point 84 – paragraph 2 – point 3 Directive 97/67/EC Article 20 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 16 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 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    289 Proposal for a regulation Annex I – Part IX – point 85 – paragraph 2 – point 1 Directive 2000/14/EC Article 17 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 18a 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 18a 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    290 Proposal for a regulation Annex I – Part IX – point 86 – paragraph 2 – point 3 Regulation (EC) No 2003/2003 Article 31 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 29(4) and Article 31(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 29(4) and Article 31(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
The standard 5-year renewable delegation of power (if neither the Council nor the European Parliament withdraw it) should apply to all files in this policy area, as was the case in the previous legislation. This is also consistent with Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).
Amendment    291 Proposal for a regulation Annex I – Part IX – point 87 – paragraph 2 – point 2 Directive 2004/9/EC Article 6 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(3) 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 Article 6(3) 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    292 Proposal for a regulation Annex I – Part IX – point 88 – paragraph 2 – point 2 Directive 2004/10/EC Article 3 b – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 3a and Article 5(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 3a and Article 5(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    293 Proposal for a regulation Annex I – Part IX – point 89 – paragraph 3 – point 3 Directive 2006/42/EC Article 21 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    294 Proposal for a regulation Annex I – Part IX – point 89 – paragraph 3 – point 3 Directive 2006/42/EC Article 21 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 8(1) 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 8(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    295 Proposal for a regulation Annex I – Part IX – point 90 – paragraph 2 – point 1 Directive 2006/123/EC Article 23 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 39a establishing common criteria for defining, for the purposes of the insurance or guarantees referred to in paragraph 1 of this Article, what is appropriate to the nature and extent of the risk.; The Commission is empowered to adopt delegated acts in accordance with Article 39a to supplement this Directive by establishing common criteria for defining, for the purposes of the insurance or guarantees referred to in paragraph 1 of this Article, what is appropriate to the nature and extent of the risk.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    296 Proposal for a regulation Annex I – Part IX – point 90 – paragraph 2 – point 2 Directive 2006/123/EC Article 36 – subparagraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 39a in order to specify the time-limits provided for in Articles 28 and 35. The Commission is empowered to adopt delegated acts in accordance with Article 39a to supplement this Directive by specifying the time-limits provided for in Articles 28 and 35.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    297 Proposal for a regulation Annex I – Part IX – point 90 – paragraph 2 – point 3 Directive 2006/123/EC Article 39 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 23(4) and Article 36 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 23(4) and Article 36 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    298 Proposal for a regulation Annex I – Part IX – point 90 – paragraph 2 – point 3 Directive 2006/123/EC Article 39 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 23(4) and Article 36 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 23(4) and Article 36 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    299 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 1 – second indent
Text proposed by the Commission	Amendment
-  to amend the Annexes to that Regulation in certain cases;	-  to amend the Annexes to that Regulation;
Justification
This amendment clarifies that the Annexes are always amended by delegated acts (in line with the new wording of Article 131 of Regulation (EC) No 1907/2006).
Amendment    300 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 1 Regulation (EC) No 1907/2006 Article 13 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 131a laying down test methods. The Commission is empowered to adopt delegated acts in accordance with Article 131a to supplement this Regulation by laying down test methods.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    301 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 2 Regulation (EC) No 1907/2006 Article 41 – paragraph 7
Text proposed by the Commission Amendment “7.  The Commission is empowered to adopt delegated acts in accordance with Article 131a, after consulting with the Agency, to vary the percentage of dossiers selected and to amend or include further criteria in paragraph 5.” “7.  The Commission is empowered to adopt delegated acts in accordance with Article 131a, after consulting with the Agency, to amend this Regulation by varying the percentage of dossiers selected and by updating or including further criteria in paragraph 5.”
Justification
Clarification of empowerment (i.e. to amend).
Amendment    302 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 4 a (new) Regulation (EC) No 1907/2006 Article 73 – paragraph 2
Present text Amendment   (4a)  in Article 73, paragraph 2 is replaced by the following: 2.  A final decision shall be taken in accordance with the procedure referred to in Article 133(4). The Commission shall send the draft amendment to the Member States at least 45 days before voting. “2.  The Commission is empowered to adopt a delegated act in accordance with Article 131a to supplement this Regulation with the final decision on amending Annex XVII.”
Justification
Amending paragraph 2 in order to align the measure to delegated acts (there can be no reference to Article 133(4) (RPS) as it will be deleted from the act).
Amendment    303 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 6 Regulation (EC) No 1907/2006 Article 131a
Text proposed by the Commission Amendment “Article 131a “Article 131a Exercise of the Delegation Exercise of the Delegation 1.  The power to adopt delegated acts conferred on the Commission is 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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(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. 3.  The delegation of power referred to in Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(9) 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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) 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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(9) 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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) 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 and updating the references in line with previous amendments.
Amendment    304 Proposal for a regulation Annex I – Part IX – point 92 – paragraph 3 – point 3 Directive 2009/34/EC Article 16 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 16 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 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    305 Proposal for a regulation Annex I – Part IX – point 92 – paragraph 3 – point 3 Directive 2009/34/EC Article 16 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 16 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 16 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    306 Proposal for a regulation Annex I – Part IX – point 93 – paragraph 2 – point 3 Directive 2009/43/EC Article 13 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(3) and Article 13 shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 4(3) 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    307 Proposal for a regulation Annex I – Part IX – point 93 – paragraph 2 – point 3 Directive 2009/43/EC Article 13 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 4(3) and Article 13 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 4(3) and Article 13 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    308 Proposal for a regulation Annex I – Part IX – point 94 – paragraph 3 – point 2 Directive 2009/48/EC Article 46 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 46 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 46 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    309 Proposal for a regulation Annex I – Part IX – point 94 – paragraph 3 – point 2 Directive 2009/48/EC Article 46 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 46 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 46 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    310 Proposal for a regulation Annex I – Part IX – point 95 – paragraph 2 – point 1 Regulation (EC) No 79/2009 Article 12 – paragraph 1 – introductory part
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 12a in the light of technical progress concerning: The Commission is empowered to adopt delegated acts in accordance with Article 12a to supplement this Regulation in the light of technical progress concerning:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    311 Proposal for a regulation Annex I – Part IX – point 95 – paragraph 2 – point 2 Regulation (EC) No 79/2009 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 the date of entry into force of this Regulation. 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    312 Proposal for a regulation Annex I – Part IX – point 95 – paragraph 2 – point 2 Regulation (EC) No 79/2009 Article 12 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 12 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 12 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    313 Proposal for a regulation Annex I – Part IX – point 96 – paragraph 2 – point 3 Directive 2009/81/EC Article 66 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 68(1) and Article 69(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 68(1) and Article 69(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    314 Proposal for a regulation Annex I – Part IX – point 96 – paragraph 2 – point 3 Directive 2009/81/EC Article 66 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 68(1) and Article 69(2) 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 68(1) and Article 69(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    315 Proposal for a regulation Annex I – Part IX – point 97 – paragraph 2 – point 1 – point a Directive 2009/125/EC Article 15 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt such delegated acts in accordance with Article 18a. The Commission is empowered to adopt such delegated acts in accordance with Article 18a by supplementing this Directive.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    316 Proposal for a regulation Annex I – Part IX – point 97 – paragraph 2 – point 1 – point c Directive 2009/125/EC Article 15 – paragraph 10
Text proposed by the Commission Amendment “10.  Where appropriate a delegated act laying down ecodesign requirements shall include provisions on the balancing of various environmental aspects.” “10.  Where appropriate a delegated act laying down ecodesign requirements shall include provisions on the balancing of various environmental aspects. The Commission is empowered to adopt such delegated acts in accordance with Article 18a by supplementing this Directive.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    317 Proposal for a regulation Annex I – Part IX – point 97 – paragraph 2 – point 2 Directive 2009/125/EC Article 16 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt those measures by delegated acts in accordance with Article 18a.” “The Commission is empowered to adopt those measures by delegated acts in accordance with Article 18a by supplementing this Directive.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    318 Proposal for a regulation Annex I – Part IX – point 97 – paragraph 2 – point 3 Directive 2009/125/EC Article 18 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 15(1) and Article 16(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(1) and Article 16(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    319 Proposal for a regulation Annex I – Part IX – point 98 – paragraph 2 – point 2 Regulation (EC) No 661/2009 Article 14
Text proposed by the Commission Amendment “Article 14 “Article 14 Delegated powers Delegated powers The Commission is empowered to adopt delegated acts in accordance with Article 14a required in the light of technical progress in respect of: The Commission is empowered to adopt delegated acts in accordance with Article 14a to amend this Regulation in the light of technical progress by laying down the following:   (a)  measures amending the limit values on rolling resistance and rolling noise laid down in Parts B and C of Annex II insofar as is necessary as a result of changes in test procedures and without lowering the level of protection of the environment;   (b)  measures amending Annex IV to include the UNECE Regulations that are mandatory under Article 4(4) of Decision 97/836/EC.   The Commission is empowered to adopt delegated acts in accordance with Article 14a to supplement this Regulation in the light of technical progress by laying down the following: (a)  detailed rules concerning the specific procedures, tests and technical requirements for the type-approval of motor vehicles, their trailers and components and separate technical units with regard to the provisions of Articles 5 to 12; (a)  detailed rules concerning the specific procedures, tests and technical requirements for the type-approval of motor vehicles, their trailers and components and separate technical units with regard to the provisions of Articles 5 to 12; (b)  detailed rules concerning specific safety requirements for vehicles intended for the transport of dangerous goods by road within or between Member States, taking account of UNECE Regulation 105; (b)  detailed rules concerning specific safety requirements for vehicles intended for the transport of dangerous goods by road within or between Member States, taking account of UNECE Regulation 105; (c)  a more precise definition of the physical characteristics and performance requirements a tyre must fulfil to be defined as ‘special use tyre’, ‘off-road professional tyre’, ‘reinforced tyre’, ‘extra load tyre’, ‘snow tyre’, ‘T-type temporary-use spare tyre’ or ‘traction tyre’ in accordance with points 8 to 13 of the second paragraph of Article 3; (c)  a more precise definition of the physical characteristics and performance requirements a tyre must fulfil to be defined as ‘special use tyre’, ‘off-road professional tyre’, ‘reinforced tyre’, ‘extra load tyre’, ‘snow tyre’, ‘T-type temporary-use spare tyre’ or ‘traction tyre’ in accordance with points 8 to 13 of the second paragraph of Article 3; (d)  measures amending the limit values on rolling resistance and rolling noise laid down in Parts B and C of Annex II insofar as is necessary as a result of changes in test procedures and without lowering the level of protection of the environment;   (e)  detailed rules on the procedure for the determination of the noise levels referred to in point 1 of Part C of Annex II; (d)  detailed rules on the procedure for the determination of the noise levels referred to in point 1 of Part C of Annex II; (f)  measures amending Annex IV to include the UNECE Regulations that are mandatory under Article 4(4) of Decision 97/836/EC;   (g)  administrative provisions concerning the specific procedures, tests and technical requirements for the type-approval of motor vehicles, their trailers and components and separate technical units with regard to the provisions of Articles 5 to 12; (e)  administrative provisions concerning the specific procedures, tests and technical requirements for the type-approval of motor vehicles, their trailers and components and separate technical units with regard to the provisions of Articles 5 to 12; (h)  measures exempting certain vehicles or classes of vehicles of categories M2, M3, N2 and N3 from the obligation to install advanced vehicle systems referred to in Article 10 where, following a cost/benefit analysis and taking into account all relevant safety aspects, the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned; (f)  measures exempting certain vehicles or classes of vehicles of categories M2, M3, N2 and N3 from the obligation to install advanced vehicle systems referred to in Article 10 where, following a cost/benefit analysis and taking into account all relevant safety aspects, the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned; (i)  other measures necessary for the application of this Regulation.” (g)  other measures necessary for the application of this Regulation.”
Justification
Clarification of empowerment.
Amendment    320 Proposal for a regulation Annex I – Part IX – point 98 – paragraph 2 – point 3 Regulation (EC) No 661/2009 Article 14 a – paragraph 2
Text proposed by the Commission Amendment 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 date of entry into force of this Regulation. 2.  The power to adopt delegated acts referred to in Article 14 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.
(The numbering of the Commission proposal should be corrected. Point (2) is actually point (3))
Justification
Alignment of the duration of the empowerment to Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).
Amendment    321 Proposal for a regulation Annex I – Part IX – point 98 – paragraph 2 – point 3 Regulation (EC) No 661/2009 Article 14 a – paragraph 6
Text proposed by the Commission Amendment 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 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 14 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    322 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 1 – indent 8 a (new)
Text proposed by the Commission	Amendment
	- to supplement this Regulation by authorising derogations from the prohibition on animal testing, in case a serious concern arises as regards the safety of an existing cosmetics ingredient.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    323 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 3
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of the relevant provisions of Regulation (EC) No 1223/2009 concerning derogations in relation to animal testing, implementing powers should be conferred on the Commission to adopt decisions authorising derogations from the prohibition on animal testing. 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    324 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 4 – point 6 Regulation (EC) No 1223/2009 Article 18 – paragraph 2 – subparagraph 9
Text proposed by the Commission Amendment “The measures referred to in the sixth subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2).” “The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Regulation by providing authorisation for the derogation referred to in the sixth subparagraph.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    325 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 4 – point 7 Regulation (EC) No 1223/2009 Article 20 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 31a establishing a list of common criteria for claims which may be used in respect of cosmetic products, after consulting the SCCS or other relevant authorities and taking into account the provisions of Directive 2005/29/EC.” “The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Regulation by establishing a list of common criteria for claims which may be used in respect of cosmetic products, after consulting the SCCS or other relevant authorities and taking into account the provisions of Directive 2005/29/EC.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    326 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 4 – point 9 Regulation (EC) No 1223/2009 Article 31 a
Text proposed by the Commission Amendment “Article 31a “Article 31a 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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 20(2) and Article 31(1), (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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (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. 3.  The delegation of power referred to in Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16(8) and (9), Article 20(2) and Article 31(1), (2) and (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 Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16(8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (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. 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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 20(2) and Article 31(1), (2) and (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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (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. _____________________ _____________________ * OJ L 123, 12.5.2016, p.1.” * OJ L 123, 12.5.2016, p.1.”
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    327 Proposal for a regulation Annex I – Part X – point 100 – paragraph 2 – point 2 Directive 92/85/EEC Article 13 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 13(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 13(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    328 Proposal for a regulation Annex I – Part X – point 101 – paragraph 2 – point 2 Directive 2008/48/EC Article 24 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 19(5) 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 19(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    329 Proposal for a regulation Annex I – Part X – point 101 – paragraph 2 – point 2 Directive 2008/48/EC Article 24 a – paragraph 6
Text proposed by the Commission Amendment 6.   A delegated act adopted pursuant to Article 19(5) 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 19(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 the scrutiny period and its extension.
Amendment    330 Proposal for a regulation Annex I – Part XI – point 102 – paragraph 2 – point 2 Regulation (EEC) No 3922/91 Article 11 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 11(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. 2.  The delegation of power referred to in Article 11(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.
Amendment    331 Proposal for a regulation Annex I – Part XI – point 103 – paragraph 2 – point 2 Directive 95/50/EC Article 9 aa – 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 delegation of power 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    332 Proposal for a regulation Annex I – Part XI – point 104 – paragraph 1
Text proposed by the Commission	Amendment
In order to adapt Directive 97/70/EC to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Directive in order to apply subsequent amendments to the Torremolinos Protocol. 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 Directive 97/70/EC to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Directive in order to apply subsequent amendments to the Torremolinos Protocol and to supplement it by adopting provisions for a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties.
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission amending this Directive in order to exclude from its scope any amendment to the Torremolinos Protocol if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or that such amendment would be incompatible with the latter.
	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.
Amendment    333 Proposal for a regulation Annex I – Part XI – point 104 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Directive 97/70/EC, implementing powers should be conferred on the Commission to adopt provisions for a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Union. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Amendment    334 Proposal for a regulation Annex I – Part XI – point 104 – paragraph 3 – point 1 Directive 97/70/EC Article 8 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission may establish a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Union, by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 9(2). 2.  The Commission is empowered to adopt delegated acts in accordance with Article 8a supplementing this Directive in order to establish a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties.
Amendment    335 Proposal for a regulation Annex I – Part XI – point 104 – paragraph 3 – point 1 Directive 97/70/EC Article 8 – paragraph 3
Text proposed by the Commission Amendment 3.  The amendments to the international instrument referred to in Article 2(4) may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council*. 3.  The Commission is empowered to adopt delegated acts in accordance with Article 8a amending this Directive in order to exclude from its scope any amendment to the international instrument referred to in Article 2(4) if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    336 Proposal for a regulation Annex I – Part XI – point 104 – paragraph 3 – point 2 Directive 97/70/EC 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 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 years 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    337 Proposal for a regulation Annex I – Part XI – point 104 – paragraph 3 – point 2 Directive 97/70/EC Article 8 a – paragraph 3
Text proposed by the Commission Amendment 3.  The delegation of power referred to in Article 8(1) 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 8 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.
Amendment    338 Proposal for a regulation Annex I – Part XI – point 104 – paragraph 3 – point 2 Directive 97/70/EC Article 8 a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 8(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 8 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.
Amendment    339 Proposal for a regulation Annex I – Part XI – point 105 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission amending this Directive in order to exclude from its scope any amendment to Marpol 73/78 if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    340 Proposal for a regulation Annex I – Part XI – point 105 – paragraph 3 – point 1 Directive 2000/59/EC Article 13 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    341 Proposal for a regulation Annex I – Part XI – point 105 – paragraph 3 – point 3 Directive 2000/59/EC Article 15 – paragraph 3
Text proposed by the Commission Amendment 3. The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council*. 3. The Commission is empowered to adopt delegated acts in accordance with Article 13a amending this Directive in order to exclude from its scope any amendment to the international instrument referred to in Article 2 if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter. ____________________   *   Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, p. 1).".
Amendment    342 Proposal for a regulation Annex I – Part XI – point 106 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission amending this Directive in order to exclude from its scope any amendment to the international instruments referred to in Article 3 of this Directive, if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendments would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    343 Proposal for a regulation Annex I – Part XI – point 106 – paragraph 3 – point 2 Directive 2001/96/EC Article 15 – footnote
Text proposed by the Commission Amendment * OJ L 123, 12.5.2016, p. 1. deleted
Justification
Wrong reference
Amendment    344 Proposal for a regulation Annex I – Part XI – point 106 – paragraph 3 – point 2 Directive 2001/96/EC Article 15 – paragraph 3
Text proposed by the Commission Amendment The amendments to the international instruments referred to in Article 3 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002. The Commission is empowered to adopt delegated acts in accordance with Article 15a amending this Directive in order to exclude from its scope any amendment to the international instrument referred to in Article 3 if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    345 Proposal for a regulation Annex I – Part XI – point 106 – paragraph 3 – point 3 Directive 2001/96/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    346 Proposal for a regulation Annex I – Part XI – point 107 – paragraph 3 – point 2 Directive 2002/59/EC Article 27 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 27 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 27 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    347 Proposal for a regulation Annex I – Part XI – point 108 – paragraph 2 – point 3 Regulation (EC) No 2099/2002 Article 7 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for an indeterminate period of time from [date of the entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in 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    348 Proposal for a regulation Annex I – Part XI – point 109 – paragraph 2 – point 2 Directive 2003/25/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    349 Proposal for a regulation Annex I – Part XI – point 110 – paragraph 2 – point 2 Directive 2003/59/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    350 Proposal for a regulation Annex I – Part XI – point 111 – paragraph 3 – point 1 – point a – point ii Regulation (EC) No 782/2003 Article 6 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 8a concerning the establishment of a harmonised survey and certification regime for the ships referred to in point (b) of this paragraph, if necessary.” “The Commission is empowered to adopt delegated acts in accordance with Article 8a to supplement this Regulation by establishing a harmonized survey and certification regime for the ships referred to in point (b) of the first subparagraph of this paragraph, if necessary.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    351 Proposal for a regulation Annex I – Part XI – point 111 – paragraph 3 – point 4 Regulation (EC) No 782/2003 Article 8 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(1) and 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 6(1) and 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    352 Proposal for a regulation Annex I – Part XI – point 112 – paragraph 3 – point 1 – point b Directive 2004/52/EC Article 4 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated acts in accordance with Article 4a concerning the definition of the European electronic toll service. Such acts shall only be adopted if all the conditions, evaluated on the basis of appropriate studies, are in place to enable interoperability to work from all points of view, including technical, legal and commercial conditions. 4.  The Commission is empowered to adopt delegated acts in accordance with Article 4a to supplement this Regulation by defining the European electronic toll service. Such acts shall only be adopted if all the conditions, evaluated on the basis of appropriate studies, are in place to enable interoperability to work from all points of view, including technical, legal and commercial conditions.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    353 Proposal for a regulation Annex I – Part XI – point 112 – paragraph 3 – point 1 – point b Directive 2004/52/EC Article 4 – paragraph 5
Text proposed by the Commission Amendment 5.  The Commission is empowered to adopt delegated acts in accordance with Article 4a concerning technical decisions relating to the realisation of the European electronic toll service.; 5.  The Commission is empowered to adopt delegated acts in accordance with Article 4a to supplement this Directive by adopting technical decisions relating to the realisation of the European electronic toll service.;
Amendment    354 Proposal for a regulation Annex I – Part XI – point 112 – paragraph 3 – point 2 Directive 2004/52/EC Article 4 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2), (4) and (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 4(2), (4) and (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    355 Proposal for a regulation Annex I – Part XI – point 113 – paragraph 2 – point 2 Directive 2004/54/EC Article 16 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 16 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 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    356 Proposal for a regulation Annex I – Part XI – point 114 – paragraph 1
Text proposed by the Commission	Amendment
In order to adapt Regulation (EC) No 725/2004 to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Regulation in order to integrate the amendments to certain international instruments. 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 725/2004 to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Regulation in order to integrate the amendments to certain international instruments and to supplement it in order to establish harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of that Regulation. 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.
Amendment    357 Proposal for a regulation Annex I – Part XI – point 114 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 725/2004 implementing powers should be conferred on the Commission in order to define harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of that Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Amendment    358 Proposal for a regulation Annex I – Part XI – point 114 – paragraph 3 – point 1 Regulation (EC) No 725/2004 Article 10 – paragraph 3
Text proposed by the Commission Amendment 3.  The Commission shall establish harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of this Regulation. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2). 3.  The Commission is empowered to adopt delegated acts in accordance with Article 10a supplementing this Regulation in order to establish harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of this Regulation.";
Amendment    359 Proposal for a regulation Annex I – Part XI – point 114 – paragraph 3 – point 2 Regulation (EC) No 725/2004 Article 10 a – 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 the 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    360 Proposal for a regulation Annex I – Part XI – point 115 – paragraph 2 – point 3 Regulation (EC) No 785/2004 Article 8 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(5) and Article 7(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(5) and Article 7(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    361 Proposal for a regulation Annex I – Part XI – point 116 – paragraph 2 – point 3 Regulation (EC) No 789/2004 Article 9 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 9(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(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    362 Proposal for a regulation Annex I – Part XI – point 117 – paragraph 2 – point 1 Regulation (EC) No 868/2004 Article 5 – paragraph 3
Text proposed by the Commission Amendment “3.  The Commission is empowered to adopt delegated acts in accordance with Article 14a concerning a detailed methodology for determining the existence of unfair pricing practices. This methodology shall cover, inter alia, the manner in which normal competitive pricing, actual costs and reasonable profit margins are to be assessed in the specific context of the aviation sector.” “3.  The Commission is empowered to adopt delegated acts in accordance with Article 14a to supplement this Regulation by establishing a detailed methodology for determining the existence of unfair pricing practices. This methodology shall cover, inter alia, the manner in which normal competitive pricing, actual costs and reasonable profit margins are to be assessed in the specific context of the aviation sector.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    363 Proposal for a regulation Annex I – Part XI – point 117 – paragraph 2 – point 2 Regulation (EC) No 868/2004 Article 14 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(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(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    364 Proposal for a regulation Annex I – Part XI – point 118 – paragraph 2 – point 2 Directive 2005/44/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    365 Proposal for a regulation Annex I – Part XI – point 119 – paragraph 2 – point 2 Directive 2005/65/EC Article 14 a – paragraph 2
Text proposed by the Commission Amendment 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 [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 14 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    366 Proposal for a regulation Annex I – Part XI – point 120 – paragraph 2 – point 2 Regulation (EC) No 2111/2005 Article 8 – paragraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 14a laying down detailed rules in respect of the procedures referred to in this Chapter taking due account of the need for decisions to be taken swiftly on updating the Community list. The Commission is empowered to adopt delegated acts in accordance with Article 14a to supplement this Regulation by laying down detailed rules in respect of the procedures referred to in this Chapter taking due account of the need for decisions to be taken swiftly on updating the Community list.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    367 Proposal for a regulation Annex I – Part XI – point 120 – paragraph 2 – point 3 Regulation (EC) No 2111/2005 Article 14 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 3(2) and 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 3(2) and 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    368 Proposal for a regulation Annex I – Part XI – point 121 – paragraph 3 – point 1 – point a Directive 2006/126/EC Article 1 – paragraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 8a concerning requirements for the microchip referred to in Annex I. Those requirements shall provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is demonstrated. The Commission is empowered to adopt delegated acts in accordance with Article 8a to supplement this Directive by laying down requirements for the microchip referred to in Annex I. Those requirements shall provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is demonstrated.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    369 Proposal for a regulation Annex I – Part XI – point 121 – paragraph 3 – point 2 Directive 2006/126/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 8a in order to establish appropiate anti-forgery specifications. The Commission is empowered to adopt delegated acts in accordance with Article 8a to supplement this Directive by establishing appropriate anti-forgery specifications.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    370 Proposal for a regulation Annex I – Part XI – point 121 – paragraph 3 – point 4 Directive 2006/126/EC Article 8 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 1(2) and (3), Article 3(2) and 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 1(2) and (3), Article 3(2) and 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    371 Proposal for a regulation Annex I – Part XI – point 122 – paragraph 2 – point 2 Regulation (EC) No 336/2006 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 [the 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    372 Proposal for a regulation Annex I – Part XI – point 123 – paragraph 3 – point 1 Directive 2007/59/EC Article 4 – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 31a establishing, on the basis of a draft prepared by the Agency, a Community model for the licence, the certificate and the certified copy of the certificate, and to determine their physical characteristics, taking into account therein anti-forgery measures. The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Directive by establishing, on the basis of a draft prepared by the Agency, a Community model for the licence, the certificate and the certified copy of the certificate, and to determine their physical characteristics, taking into account therein anti-forgery measures.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    373 Proposal for a regulation Annex I – Part XI – point 123 – paragraph 3 – point 1 Directive 2007/59/EC Article 4 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 31a establishing, on the basis of a recommendation prepared by the Agency, the Community Codes for the different types in categories A and B as referred to in paragraph 3 of this Article. ; The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Directive by establishing, on the basis of a recommendation prepared by the Agency, the Community Codes for the different types in categories A and B as referred to in paragraph 3 of this Article.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    374 Proposal for a regulation Annex I – Part XI – point 123 – paragraph 3 – point 2 Directive 2007/59/EC Article 22 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment “To this end, the Commission is empowered to adopt delegated acts in accordance with Article 31a establishing, on the basis of a draft prepared by the Agency, the basic parameters of the registers to be set up, such as data to be recorded, their format and the data exchange protocol, access rights, the duration of data retention and the procedures to be followed in cases of bankruptcy.” “To this end, the Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Directive by establishing, on the basis of a draft prepared by the Agency, the basic parameters of the registers to be set up, such as data to be recorded, their format and the data exchange protocol, access rights, the duration of data retention and the procedures to be followed in cases of bankruptcy.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    375 Proposal for a regulation Annex I – Part XI – point 123 – paragraph 3 – point 3 – point b Directive 2007/59/EC Article 23 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 31a in order to establish those criteria.” “The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Directive by establishing those criteria.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    376 Proposal for a regulation Annex I – Part XI – point 123 – paragraph 3 – point 4 Directive 2007/59/EC Article 25 – paragraph 5 – subparagraph 1
Text proposed by the Commission Amendment The choice of examiners and examinations may be subject to Union criteria. The Commission is empowered to adopt delegated acts in accordance with Article 31a establishing such Union criteria on the basis of a draft prepared by the Agency. The choice of examiners and examinations may be subject to Union criteria. The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Directive by establishing such Union criteria on the basis of a draft prepared by the Agency.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    377 Proposal for a regulation Annex I – Part XI – point 123 – paragraph 3 – point 6 Directive 2007/59/EC Article 31 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(4), Article 22(4), Article 23(3), Article 25(5), Article 31(1) and Article 34 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(4), Article 22(4), Article 23(3), Article 25(5), Article 31(1) and Article 34 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    378 Proposal for a regulation Annex I – Part XI – point 123 – paragraph 3 – point 8 Directive 2007/59/EC Article 34 – paragraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 31a laying down the technical and operating specifications for such a smartcard.” “The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Directive by laying down the technical and operating specifications for such a smartcard.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    379 Proposal for a regulation Annex I – Part XI – point 124 – paragraph 3 – point 1 Regulation (EC) No 1371/2007 Article 34 – paragraph 1
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 34a concerning the measures referred to in Articles 2, 10 and 12. 1.  The Commission is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by adopting the measures referred to in Articles 2, 10 and 12.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    380 Proposal for a regulation Annex I – Part XI – point 124 – paragraph 3 – point 2 Regulation (EC) No 1371/2007 Article 34 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 33 and Article 34 shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 33 and Article 34 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    381 Proposal for a regulation Annex I – Part XI – point 125 – paragraph 2 – point 2 Directive 2008/68/EC 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    382 Proposal for a regulation Annex I – Part XI – point 126 – paragraph 3 – point 1 Directive 2008/96/EC Article 7 – paragraph 1 a
Text proposed by the Commission Amendment “1a.  The Commission is empowered to adopt delegated acts in accordance with Article 12a determining common criteria according to which accident severity, including number of fatalities and injured persons, is to be reported.” “1a.  The Commission is empowered to adopt delegated acts in accordance with Article 12a to supplement this Directive by determining common criteria according to which accident severity, including number of fatalities and injured persons, is to be reported.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    383 Proposal for a regulation Annex I – Part XI – point 126 – paragraph 3 – point 4 Directive 2008/96/EC Article 12 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7(1a) 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 7(1a) 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    384 Proposal for a regulation Annex I – Part XI – point 127 – paragraph 3 – point 1 – point a – point i Regulation (EC) No 300/2008 Article 4 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 18a laying down certain elements of the common basic standards.” “The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by laying down certain elements of the common basic standards.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    385 Proposal for a regulation Annex I – Part XI – point 127 – paragraph 3 – point 1 – point b Regulation (EC) No 300/2008 Article 4 – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 18a setting criteria to allow Member States to derogate from the common basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities. The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by setting criteria to allow Member States to derogate from the common basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    386 Proposal for a regulation Annex I – Part XI – point 127 – paragraph 3 – point 3 Regulation (EC) No 300/2008 Article 18 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2) and (4) and 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 4(2) and (4) and 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    387 Proposal for a regulation Annex I – Part XI – point 128 – paragraph 3 – point 1 Directive 2009/15/EC Article 5 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7(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 7(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  388 Proposal for a regulation Annex I – Part XI – point 129 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission amending this Directive in order to exclude from its scope any amendment to the IMO Code for the Investigation of Marine Casualties and Incidents, if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    389 Proposal for a regulation Annex I – Part XI – point 129 – paragraph 3 – point 1 Directive 2009/18/EC Article 5 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning the common methodology for investigating marine casualties and incidents taking into account any relevant lessons drawn from safety investigations.; The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Directive by establishing the common methodology for investigating marine casualties and incidents taking into account any relevant lessons drawn from safety investigations.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    390 Proposal for a regulation Annex I – Part XI – point 129 – paragraph 3 – point 2 Directive 2009/18/EC Article 18 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(4) and Article 20 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(4) and Article 20 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    391 Proposal for a regulation Annex I – Part XI – point 129 – paragraph 3 – point 4 Directive 2009/18/EC Article 20 – paragraph 3
Text proposed by the Commission Amendment 3.  Amendments to the IMO Code for the Investigation of Marine Casualties and Incidents may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002. 3.  The Commission is empowered to adopt delegated acts in accordance with Article 18a amending this Directive in order to exclude from its scope any amendment to the IMO Code for the Investigation of Marine Casualties and Incidents if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    392 Proposal for a regulation Annex I – Part XI – point 130 – paragraph 2 – point 2 Directive 2009/33/EC Article 8 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in 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 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    393 Proposal for a regulation Annex I – Part XI – point 131 – paragraph 3 – point 3 Regulation (EC) No 391/2009 Article 14 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 14a concerning: 1.  The Commission is empowered to adopt delegated acts in accordance with Article 14a to supplement this Regulation by laying down the following:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    394 Proposal for a regulation Annex I – Part XI – point 131 – paragraph 3 – point 3 Regulation (EC) No 391/2009 Article 14 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 14a concerning detailed rules on the imposition of fines and periodic penalty payments pursuant to Article 6, and, if necessary regarding the withdrawal of recognition of ship inspection and survey organisations pursuant to Article 7. 2.  The Commission is empowered to adopt delegated acts in accordance with Article 14a to supplement this Regulation by establishing detailed rules on the imposition of fines and periodic penalty payments pursuant to Article 6, and, if necessary regarding the withdrawal of recognition of ship inspection and survey organisations pursuant to Article 7.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    395 Proposal for a regulation Annex I – Part XI – point 131 – paragraph 3 – point 4 Regulation (EC) No 391/2009 Article 14 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 13(1) and Article 14(1) and (2) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 13(1) and Article 14(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    396 Proposal for a regulation Annex I – Part XI – point 132 – paragraph 3 – point 2 Regulation (EC) No 392/2009 Article 9 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 9(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 9(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    397 Proposal for a regulation Annex I – Part XI – point 133 – paragraph 3 – point 1 Regulation (EC) No 1071/2009 Article 6 – paragraph 2 – point b – paragraphs 1 and 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 24a establishing a list of categories, types and degrees of seriousness of serious infringements of Union rules which, in addition to those set out in Annex IV, may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 12(1).” “The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing a list of categories, types and degrees of seriousness of serious infringements of Union rules which, in addition to those set out in Annex IV, may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 12(1).”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    398 Proposal for a regulation Annex I – Part XI – point 133 – paragraph 3 – point 6 Regulation (EC) No 1071/2009 Article 24 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(2) and Article 8(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 6(2) and Article 8(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    399 Proposal for a regulation Annex I – Part XI – point 134 – paragraph 2 – point 3 Regulation (EC) No 1072/2009 Article 14 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2) and (4) and Article 5(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 4(2) and (4) and Article 5(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    400 Proposal for a regulation Annex I – Part XI – point 135 – paragraph 3 – point 2 – point a Regulation (EC) No 1073/2009 Article 5 – paragraph 3 – subparagraph 5
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 25a concerning the procedures for the names of such carriers and the connection points en route to be communicated to the competent authorities of the Member States concerned.” “The Commission is empowered to adopt delegated acts in accordance with Article 25a to supplement this Regulation by establishing the procedures for the names of such carriers and the connection points en route to be communicated to the competent authorities of the Member States concerned.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    401 Proposal for a regulation Annex I – Part XI – point 135 – paragraph 3 – point 2 – point b Regulation (EC) No 1073/2009 Article 5 – paragraph 5 – subparagraph 3
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 25a concerning the format of certificates.” “The Commission is empowered to adopt delegated acts in accordance with Article 25a to supplement this Regulation by establishing the format of certificates.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    402 Proposal for a regulation Annex I – Part XI – point 135 – paragraph 3 – point 3 Regulation (EC) No 1073/2009 Article 6 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission is empowered to adopt delegated acts in accordance with Article 25a concerning the format of authorisations.” “4.  The Commission is empowered to adopt delegated acts in accordance with Article 25a to supplement this Regulation by establishing the format of authorisations.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    403 Proposal for a regulation Annex I – Part XI – point 135 – paragraph 3 – point 4 Regulation (EC) No 1073/2009 Article 7 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 25a concerning the format of applications.” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 25a to supplement this Regulation by establishing the format of applications.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    404 Proposal for a regulation Annex I – Part XI – point 135 – paragraph 3 – point 5 Regulation (EC) No 1073/2009 Article 12 – paragraph 5
Text proposed by the Commission Amendment “5.  The Commission is empowered to adopt delegated acts in accordance with Article 25a concerning the format of the journey form, the book of journey forms and the way in which they are used.” “5.  The Commission is empowered to adopt delegated acts in accordance with Article 25a to supplement this Regulation by establishing the format of the journey form, the book of journey forms and the way in which they are used.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    405 Proposal for a regulation Annex I – Part XI – point 135 – paragraph 3 – point 6 Regulation (EC) No 1073/2009 Article 25 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2), Article 5(3) and (5), Article 6(4), Article 7(2), Article 12(5) and Article 28(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 4(2), Article 5(3) and (5), Article 6(4), Article 7(2), Article 12(5) and Article 28(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    406 Proposal for a regulation Annex I – Part XI – point 135 – paragraph 3 – point 8 Regulation (EC) No 1073/2009 Article 28 – paragraph 3
Text proposed by the Commission Amendment “3.  The Commission is empowered to adopt delegated acts in accordance with Article 25a concerning the format of the table to be used for the communication of the statistics referred to in paragraph 2.” “3.  The Commission is empowered to adopt delegated acts in accordance with Article 25a to supplement this Regulation by establishing the format of the table to be used for the communication of the statistics referred to in paragraph 2.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    407 Proposal for a regulation Annex I – Part XII – point 136 – paragraph 2 – point 1 Directive 89/108/EEC Article 4 – paragraph 3
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 11a determining the purity criteria to be satisfied by those cryogenic media.” “The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Directive by determining the purity criteria to be satisfied by those cryogenic media.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    408 Proposal for a regulation Annex I – Part XII – point 136 – paragraph 2 – point 2 Directive 89/108/EEC Article 11 – paragraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 11a determining the sampling procedures for quick-frozen foodstuffs and the procedures for monitoring their temperature and for monitoring temperatures in the means of transport, warehousing and storage. The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Directive by determining the sampling procedures for quick-frozen foodstuffs and the procedures for monitoring their temperature and for monitoring temperatures in the means of transport, warehousing and storage.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    409 Proposal for a regulation Annex I – Part XII – point 136 – paragraph 2 – point 3 Directive 89/108/EEC Article 11 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Articles 4 and 11 shall be conferred for an indeterminate period of time from [the date of the entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Articles 4 and 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    410 Proposal for a regulation Annex I – Part XII – point 137 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Directive 1999/2/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Directive to the extent necessary to ensure the protection of public health and to supplement that Directive in respect of exceptions relating to the maximum radiation dose for foodstuffs, the supplementary requirements for facilities. 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 achieve the objectives of Directive 1999/2/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Directive to the extent necessary to ensure the protection of public health and to supplement that Directive in respect of exceptions relating to the maximum radiation dose for foodstuffs and the supplementary requirements for facilities. 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.
Amendment    411 Proposal for a regulation Annex I – Part XII – point 137 – paragraph 2 – point 1 Directive 1999/2/EC Article 5 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 11a allowing exceptions to paragraph 1 taking into account the available scientific knowledge and the relevant international standards.” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Directive in order to allow exceptions to paragraph 1 taking into account the available scientific knowledge and the relevant international standards.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    412 Proposal for a regulation Annex I – Part XII – point 137 – paragraph 2 – point 2 Directive 1999/2/EC Article 7 – 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 supplementary requirement referred to in the first indent of the first subparagraph of this Article taking into account requirements in terms of efficacy and safety of treatment used, and related to good hygienic practices of food processing.; The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Directive by establishing rules concerning the supplementary requirement referred to in the first indent of the first subparagraph of this Article taking into account requirements in terms of efficacy and safety of treatment used, and related to good hygienic practices of food processing.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    413 Proposal for a regulation Annex I – Part XII – point 137 – paragraph 2 – point 3 Directive 1999/2/EC Article 11 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(2), Article 7(2) and Article 14(3) shall be conferred 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 5(2), Article 7(2) and Article 14(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    414 Proposal for a regulation Annex I – Part XII – point 138 – paragraph 2 – point 3 Regulation (EC) No 141/2000 Article 10 b – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 8(4) shall be conferred to the Commission for an indeterminate period from [date of entry into force of this omnibus]. 2.  The power to adopt delegated acts referred to in Article 8 (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    415 Proposal for a regulation Annex I – Part XII – point 139 – paragraph 3 – point 1 – point a Directive 2001/18/EC Article 16 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts, in accordance with Article 29a, establishing the criteria and information requirements referred to in paragraph 1, as well as any appropriate requirements for a summary of the dossier, after consultation of the relevant Scientific Committee. The criteria and information requirements shall be such as to ensure a high level of safety of human health and the environment and shall be based on the available scientific evidence concerning such safety and on experience gained from the release of comparable GMOs. The Commission is empowered to adopt delegated acts, in accordance with Article 29a, to supplement this Directive by establishing the criteria and information requirements referred to in paragraph 1, as well as any appropriate requirements for a summary of the dossier, after consultation of the relevant Scientific Committee. The criteria and information requirements shall be such as to ensure a high level of safety of human health and the environment and shall be based on the available scientific evidence concerning such safety and on experience gained from the release of comparable GMOs.
Amendment    416 Proposal for a regulation Annex I – Part XII – point 139 – paragraph 3 – point 2 – point a Directive 2001/18/EC Article 21 – paragraph 2
Text proposed by the Commission Amendment “2.  For products where adventitious or technically unavoidable traces of authorised GMOs cannot be excluded, the Commission is empowered to adopt delegated acts, in accordance with Article 29a, establishing minimum thresholds below which these products shall not have to be labelled in accordance with paragraph 1 of this Article. Threshold levels shall be established according to the product concerned.” “2.  For products where adventitious or technically unavoidable traces of authorised GMOs cannot be excluded, the Commission is empowered to adopt delegated acts, in accordance with Article 29a, to supplement this Directive by establishing minimum thresholds below which these products shall not have to be labelled in accordance with paragraph 1 of this Article. Threshold levels shall be established according to the product concerned.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    417 Proposal for a regulation Annex I – Part XII – point 139 – paragraph 3 – point 2 – point b Directive 2001/18/EC Article 21 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts, in accordance with Article 29a, establishing the thresholds referred to in the first subparagraph of this paragraph.” The Commission is empowered to adopt delegated acts, in accordance with Article 29a, to supplement this Directive by establishing the thresholds referred to in the first subparagraph of this paragraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    418 Proposal for a regulation Annex I – Part XII – point 139 – paragraph 3 – point 5 Directive 2001/18/EC Article 29 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 16(2), Article 21(2) and (3), Article 26(2) and Article 27 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 Article 16(2), Article 21(2) and (3), Article 26(2) and Article 27 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    419 Proposal for a regulation Annex I – Part XII – point 140 – paragraph 3 – point 2 Directive 2001/83/EC Article 23 b – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 121a establishing the arrangements referred to in in paragraph 1.” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 121a to supplement this Directive by establishing the arrangements referred to in in paragraph 1.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    420 Proposal for a regulation Annex I – Part XII – point 140 – paragraph 3 – point 4 Directive 2001/83/EC Article 47 – paragraph 1
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 121a specifying the principles and guidelines of good manufacturing practices for medicinal products referred to in Article 46(f).” “The Commission is empowered to adopt delegated acts in accordance with Article 121a to supplement this Directive by specifying the principles and guidelines of good manufacturing practices for medicinal products referred to in Article 46(f).”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    421 Proposal for a regulation Annex I – Part XII – point 140 – paragraph 3 – point 7 Directive 2001/83/EC Article 121 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 14(1), Article 22b, Article 23b, Article 46a, Article 47, Article 52b, Article 54a and Article 120 shall be conferred to the Commission for an indeterminate period from [date of entry into force of this omnibus]. 2.  The power to adopt delegated acts referred to Article 14(1), Article 22b, Article 23b, Article 46a, Article 47, Article 52b, Article 54a and Article 120 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    422 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 999/2001, 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 that Regulation by:	In order to achieve the objectives of Regulation (EC) No 999/2001, 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 by:
–  approving rapid tests,	–  updating the list of permitted rapid tests,
–  amending the age of bovine animals to be covered by annual monitoring programmes,	–  amending the age of bovine animals to be covered by annual monitoring programmes,
–  laying down the criteria to demonstrate improvement of the epidemiological situation of the country and to list them in the Annex,	–  updating the list of criteria to demonstrate improvement of the epidemiological situation of the country,
–  deciding to allow feeding of young animals of ruminant species with proteins derived from fish,	–  deciding to allow feeding of young animals of ruminant species with proteins derived from fish.
	The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Regulation by:
laying down detailed criteria for granting such exemption from prohibitions concerning animal feeding,	–  laying down detailed criteria for granting such exemption from prohibitions concerning animal feeding,
–  deciding to introduce a tolerance level for insignificant amounts of animal proteins in feedingstuffs caused through adventitious and technically unavoidable contamination,	–  deciding to introduce a tolerance level for insignificant amounts of animal proteins in feedingstuffs caused through adventitious and technically unavoidable contamination,
–  deciding on the age,	–  deciding on the age,
–  laying down rules providing for exemptions from the requirement to remove and destroy specified risk material,	–  laying down rules providing for exemptions from the requirement to remove and destroy specified risk material,
–  approving production processes,	–  approving production processes,
–  deciding to extend certain provisions to other animal species,	–  deciding to extend certain provisions to other animal species,
–  deciding to extend to other products of animal origin,	–  deciding to extend to other products of animal origin,
–  adopting the method to confirm BSE in ovine and caprine animals.	–  adopting the method to confirm BSE in ovine and caprine animals.
Justification
Clarification of empowerments (i.e. to amend or to supplement).
Amendment    423 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 1 Regulation (EC) No 999/2001 Article 5 – paragraph 3 – subparagraph 3
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 23b approving the rapid tests referred to in the second subparagraph. The Commission is empowered to adopt delegated acts in accordance with Article 23b amending Annex X, Chapter C, point 4 to update the list set out therein.” “The Commission is empowered to adopt delegated acts in accordance with Article 23b amending Annex X, Chapter C, point 4 to update the list of permitted rapid tests set out therein.”
Justification
Clarification of empowerment (i.e. to amend).
Amendment    424 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 2 – point a Regulation (EC) No 999/2001 Article 6 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 23b approving the rapid tests for that purpose. The Commission is empowered to adopt delegated acts in accordance with Article 23b amending Annex X to list those tests.” “The Commission is empowered to adopt delegated acts in accordance with Article 23b amending Annex X to list the rapid tests permitted for that purpose.”
Justification
Clarification of empowerment (i.e. to amend).
Amendment    425 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 2 – point b Regulation (EC) No 999/2001 Article 6 – paragraph 1 b – subparagraph 2
Text proposed by the Commission Amendment At the request of a Member State which can demonstrate the improvement of the epidemiological situation of the country, the annual monitoring programmes of that particular Member State may be revised. The Commission is empowered to adopt delegated acts in accordance with Article 23b: At the request of a Member State which can demonstrate the improvement of the epidemiological situation of the country, the annual monitoring programmes of that particular Member State may be revised. The Commission is empowered to adopt delegated acts in accordance with Article 23b amending point 7 of Part I of Chapter A of Annex III to list the criteria according to which the improvement of the epidemiological situation of the country, for the purpose of revising the monitoring programmes, should be assessed. (a)  establishing certain criteria according to which the improvement of the epidemiological situation of the country, for the purpose of revising the monitoring programmes, should be assessed;   (b)  amending point 7 of Part I of Chapter A of Annex III to list the criteria referred to in point (a).;
(Parliament's amendment takes over points (a) and (b) of the second subparagraph of paragraph 1b of Article 6 in the Commission proposal.)
Justification
Clarification of empowerment (i.e. to amend)
Amendment    426 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 3 – point b Regulation (EC) No 999/2001 Article 7 – paragraph 4 – subparagraph 3
Text proposed by the Commission Amendment “At the request of a Member State or third country a decision in accordance with the procedure referred to in Article 24(2) may be taken to grant individual exemptions from the restrictions in this paragraph. Any exemption shall take account of the provisions provided for in paragraph 3 of this Article. The Commission is empowered to adopt delegated acts in accordance with Article 23b laying down detailed criteria to be taken in to account when granting such exemption.” “At the request of a Member State or third country a decision in accordance with the procedure referred to in Article 24(2) may be taken to grant individual exemptions from the restrictions in this paragraph. Any exemption shall take account of the provisions provided for in paragraph 3 of this Article. The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by laying down detailed criteria to be taken in to account when granting such exemption.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    427 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 3 – point c Regulation (EC) No 999/2001 Article 7 – paragraph 4 a
Text proposed by the Commission Amendment “4a.  The Commission is empowered to adopt delegated acts in accordance with Article 23b setting a tolerance level for insignificant amounts of animal proteins in feedingstuffs caused through adventitious and technically unavoidable contamination, based on a favourable risk assessment taking into account at least the amount and possible source of contamination and the final destination of the consignment.” “4a.  The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by setting a tolerance level for insignificant amounts of animal proteins in feeding stuffs caused through adventitious and technically unavoidable contamination, based on a favourable risk assessment taking into account at least the amount and possible source of contamination and the final destination of the consignment.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    428 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 4 – point a Regulation (EC) No 999/2001 Article 8 – paragraph 1
Text proposed by the Commission Amendment “1.  The specified risk material shall be removed and disposed of in accordance with Annex V to this Regulation and with Regulation (EC) No 1069/2009. It shall not be imported into the Union. The list of specified risk material referred to in Annex V shall include at least the brain, spinal cord, eyes and tonsils of bovine animals aged over 12 months and the vertebral column of bovine animals above an age to be determined by the Commission. The Commission is empowered to adopt delegated acts in accordance with Article 23b to determine that age. The Commission is empowered to adopt delegated acts in accordance with Article 23b amending the list of specified risk material in Annex V taking into account the different risk categories laid down in the first subparagraph of Article 5(1) and the requirements of Article 6(1a) and (1b)(b).” “1.  The specified risk material shall be removed and disposed of in accordance with Annex V to this Regulation and with Regulation (EC) No 1069/2009. It shall not be imported into the Union. The list of specified risk material referred to in Annex V shall include at least the brain, spinal cord, eyes and tonsils of bovine animals aged over 12 months and the vertebral column of bovine animals above an age to be determined by the Commission. The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by determining that age. The Commission is empowered to adopt delegated acts in accordance with Article 23b amending the list of specified risk material in Annex V taking into account the different risk categories laid down in the first subparagraph of Article 5(1)and the requirements of Article 6(1a) and (1b)(b).”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    429 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 4 – point b Regulation (EC) No 999/2001 Article 8 – paragraph 2 – paragraph 1
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 23b to approve an alternative test allowing to detect BSE prior to slaughter and to amend the list in Annex X. Paragraph 1 of this Article shall not apply to tissues from animals which have undergone the alternative test, provided that this test is applied under the conditions provided for in Annex V and the test results are negative.” “The Commission is empowered to adopt delegated acts in accordance with Article 23b amending Annex X to update the list of permitted alternative tests allowing to detect BSE prior to slaughter set out therein. Paragraph 1 of this Article shall not apply to tissues from animals which have undergone the alternative test, provided that this test is applied under the conditions provided for in Annex V and the test results are negative.”
Justification
Clarification of empowerment (i.e. to amend).
Amendment    430 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 4 – point c Regulation (EC) No 999/2001 Article 8 – paragraph 5
Text proposed by the Commission Amendment “5.  The Commission is empowered to adopt delegated acts in accordance with Article 23b laying down rules providing for exemptions from paragraphs 1 to 4 of this Article, with regard to the date of the effective enforcement of the feeding prohibition provided for in Article 7(1) or, as appropriate for third countries or regions thereof with a controlled BSE risk, with regard to the date of the effective enforcement of the ban of ruminant protein in feed for ruminants with a view to limiting the requirements to remove and destroy specified risk material to animals born before that date in the countries or regions concerned.” “5.  The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by laying down rules providing for exemptions from paragraphs 1 to 4 of this Article, with regard to the date of the effective enforcement of the feeding prohibition provided for in Article 7(1) or, as appropriate for third countries or regions thereof with a controlled BSE risk, with regard to the date of the effective enforcement of the ban of ruminant protein in feed for ruminants with a view to limiting the requirements to remove and destroy specified risk material to animals born before that date in the countries or regions concerned.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    431 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 5 – point a Regulation (EC) No 999/2001 Article 9 – paragraph 1
Text proposed by the Commission Amendment “1.  The Commission is empowered to adopt delegated acts in accordance with Article 23b approving production processes that shall be used to produce the products of animal origin listed in Annex VI.” “1.  The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by approving production processes that shall be used to produce the products of animal origin listed in Annex VI.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    432 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 6 Regulation (EC) No 999/2001 Article 15 – paragraph 3
Text proposed by the Commission Amendment “3.  The Commission is empowered to adopt delegated acts in accordance with Article 23b supplementing this Regulation to extend the provisions of paragraphs 1 and 2 to other animal species.” “3.  The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by extending the provisions of paragraphs 1 and 2 to other animal species.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    433 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 7 Regulation (EC) No 999/2001 Article 16 – paragraph 7 – sentence 1
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 23b supplementing this Regulation to extend the provisions of paragraphs 1 to 6to other products of animal origin.” “The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by extending the provisions of paragraphs 1 to 6 to other products of animal origin.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    434 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 8 Regulation (EC) No 999/2001 Article 20 – paragraph 2 – sentence 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 23b laying down the method to confirm BSE in ovine and caprine animals.” “The Commission is empowered to adopt delegated acts in accordance with Article 23b to supplement this Regulation by laying down the method to confirm BSE in ovine and caprine animals.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    435 Proposal for a regulation Annex I – Part XII – point 141 – paragraph 3 – point 11 Regulation (EC) No 999/2001 Article 23 b – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(3), Article 6(1), and (1b), Article 7(3), (4), and (4a), Article 8(1), (2), and (5), Article 9(1), and (3), Article 15(3), Article 16(7), Article 20(2) and Article 23 shall be conferred for an indeterminate period of time from the date of the entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 5(3), Article 6(1), and (1b), Article 7(3), (4), and (4a), Article 8(1), (2), and (5), Article 9(1) and (3), Article 15(3), Article 16(7), Article 20(2) and Article 23 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
The standard 5-year renewable delegation of power (if neither the Council nor the European Parliament withdraw it) should apply to all files in this policy area, as was the case in the previous legislation. This is also consistent with Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).
Amendment    436 Proposal for a regulation Annex I – Part XII – point 142 – paragraph 2 – point 2 – point b Directive 2002/32/EC Article 8 – paragraph 2 – indent 2
Text proposed by the Commission Amendment “–  is empowered to adopt delegated acts in accordance with Article 10a to define acceptability criteria for detoxification processes as a complement to the criteria provided for products intended for animal feed which have undergone such processes.” “–  is empowered to adopt delegated acts in accordance with Article 10a to supplement this Directive by defining acceptability criteria for detoxification processes as a complement to the criteria provided for products intended for animal feed which have undergone such processes.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    437 Proposal for a regulation Annex I – Part XII – point 142 – paragraph 2 – point 3 Directive 2002/32/EC Article 10 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7(2) and Article 8(1) and (2) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 7(2) and Article 8(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
The standard 5-year renewable delegation of power (if neither the Council nor the European Parliament withdraw it) should apply to all files in this policy area, as was the case in the previous legislation. This is also consistent with Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).
Amendment    438 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Directive 2002/46/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Directive in order to adapt those Annexes to technical progress and to supplement that Directive as regards the purity criteria for substances listed in Annex II thereto, and the minimum amounts of vitamins and minerals that are to be present in food supplements. 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 achieve the objectives of Directive 2002/46/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Directive in order to adapt those Annexes to technical progress and to supplement that Directive as regards the purity criteria for substances listed in Annex II thereto, and the minimum and maximum amounts of vitamins and minerals that are to be present in food supplements. 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    439 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Directive 2002/46/EC, implementing powers should be conferred on the Commission concerning setting maximum amounts of vitamins and minerals. 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    440 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 3 – point 1 – point a Directive 2002/46/EC Article 4 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 12a concerning the purity criteria for substances listed in Annex II, except where such criteria apply pursuant to paragraph 3." “2.  The Commission is empowered to adopt delegated acts in accordance with Article 12a to supplement this Directive by establishing the purity criteria for substances listed in Annex II, except where such criteria apply pursuant to paragraph 3.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    441 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 3 – point 2 Directive 2002/46/EC Article 5 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission is empowered to adopt delegated acts in accordance with Article 12a setting the minimum amounts of vitamins and minerals referred to in paragraph 3 of this Article. “4.  The Commission is empowered to adopt delegated acts in accordance with Article 12a in order to supplement this Directive by setting:   (a)  the minimum amounts of vitamins and minerals referred to in paragraph 3 of this Article; and The Commission shall set the maximum amounts of vitamins and minerals referred to in paragraphs 1 and 2 of this Article by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13(2).” (b)  the maximum amounts of vitamins and minerals referred to in paragraphs 1 and 2 of this Article.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    442 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 3 – point 3 Directive 2002/46/EC Article 12 – paragraph 3
Text proposed by the Commission Amendment (3)  in Article 12, paragraph 3 is deleted; (3)  in Article 12, paragraph 3 is replaced by the following:   “3. In order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, the Commission is empowered to adopt delegated acts in accordance with Article 12a to supplement this Directive.   A Member State that has adopted safeguard measures may in that event maintain them in force until those delegated acts have been adopted.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts. In the absence of a justification on the reasons for deletion of Article 12(3) of Directive 2002/46/EC, it is proposed to maintain the content of that provision previously subjected to the Regulatory Procedure with Scrutiny, and to align it to delegated acts.
Amendment    443 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 3 – point 4 Directive 2002/46/EC Article 12 a
Text proposed by the Commission Amendment “Article 12a “Article 12a 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 4(2) and (5) and Article 5(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 4(2) and (5), Article 5(4) 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 3.  The delegation of power referred to in Article 4(2) and (5) and Article 5(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 4(2) and (5), Article 5(4) and Article 12(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. 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 Inter-Institutional 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 4(2) and (5) and Article 5(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 4(2) and (5), Article 5(4) and Article 12(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. _______________________ _______________________ * OJ L 123, 12.5.2016, p. 1.” * OJ L 123, 12.5.2016, p. 1.”
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    444 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of point (i) of the second paragraph of Article 29 of Directive 2002/98/EC, implementing powers should be conferred on the Commission in order to establish the procedure for notifying serious adverse reactions and events as well as the notification format. 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    445 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 3 – point 1 Directive 2002/98/EC Article 27 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in the first and third paragraphs of Article 29 shall be conferred 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 first and third paragraphs of 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    446 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 3 – point 3 – point a Directive 2002/98/EC Article 29 – paragraph 1
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 27a concerning amendments to the technical requirements set out in Annexes I to IV in order to adapt them to technical and scientific progress. “The Commission is empowered to adopt delegated acts in accordance with Article 27a to amend the technical requirements set out in Annexes I to IV in order to adapt them to technical and scientific progress. Where in the case of the technical requirements set out in Annexes III and IV imperative grounds of urgency so require, the procedure provided for in Article 27b shall apply to delegated acts adopted pursuant to this Article.” Where in the case of the technical requirements set out in Annexes III and IV imperative grounds of urgency so require, the procedure provided for in Article 27b shall apply to delegated acts adopted pursuant to this Article.”
Justification
Clarification of empowerment (i.e. to amend).
Amendment    447 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 3 – point 3 – point b Directive 2002/98/EC Article 29 – paragraph 2 – point i
Text proposed by the Commission Amendment (b)  in the second paragraph, point (i) is deleted; deleted
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    448 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 3 – point 3 – point d Directive 2002/98/EC Article 29 – paragraph 5
Text proposed by the Commission Amendment (d)  the following fifth paragraph is added: deleted "The Commission shall establish the procedure for notifying serious adverse reactions and events as well as the notification format by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(2).".
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    449 Proposal for a regulation Annex I – Part XII – point 145 – paragraph 2 – point 2 Regulation (EC) No 178/2002 Article 29 – paragraph 6 – point a
Text proposed by the Commission Amendment (a)  delegated acts in accordance with Article 57a concerning the procedure to be applied by the Authority to the requests for a scientific opinion; (a)  delegated acts in accordance with Article 57a to supplement this Regulation by establishing the procedure to be applied by the Authority to the requests for a scientific opinion;
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    450 Proposal for a regulation Annex I – Part XII – point 145 – paragraph 2 – point 3 Regulation (EC) No 178/2002 Article 36 – paragraph 3 – subparagraph 1
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 57a establishing the criteria for inclusion of an institute on the list of competent organisations designated by the Member States, arrangements for setting out harmonised quality requirements and the financial rules governing any financial support.” “The Commission is empowered to adopt delegated acts in accordance with Article 57a to supplement this Regulation by establishing the criteria for inclusion of an institute on the list of competent organisations designated by the Member States, arrangements for setting out harmonised quality requirements and the financial rules governing any financial support.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    451 Proposal for a regulation Annex I – Part XII – point 145 – paragraph 2 – point 5 Regulation (EC) No 178/2002 Article 57 a – paragraph 2
Text proposed by the Commission Amendment 2.  The powers to adopt delegated acts referred to in Article 28(4), Article 29(6) and Article 36(3) shall be conferred upon the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. 2.  The powers to adopt delegated acts referred to in Article 28(4), Article 29(6) and Article 36(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    452 Proposal for a regulation Annex I – Part XII – point 146 – paragraph 2 – point 2 Directive 2003/99/EC Article 5 – paragraph 1
Text proposed by the Commission Amendment “1.  If data collected through routine monitoring in accordance with Article 4 are not sufficient, the Commission is empowered to adopt delegated acts in accordance with Article 11a, laying down coordinated monitoring programmes concerning one or more zoonoses or zoonotic agents. Those delegated acts shall be adopted especially when specific needs are identified and when there is need to assess risks or to establish baseline values related to zoonoses or zoonotic agents at the level of Member States or at Union level.” “1.  If data collected through routine monitoring in accordance with Article 4 are not sufficient, the Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Directive by laying down coordinated monitoring programmes concerning one or more zoonoses or zoonotic agents. Those delegated acts shall be adopted especially when specific needs are identified and when there is need to assess risks or to establish baseline values related to zoonoses or zoonotic agents at the level of Member States or at Union level.”
Justification
Clarification of empowerment (i.e to supplement).
Amendment    453 Proposal for a regulation Annex I – Part XII – point 146 – paragraph 2 – point 3 Directive 2003/99/EC Article 11 – paragraphs 1 and 2
Text proposed by the Commission Amendment (3)  in Article 11, the first and second paragraphs are replaced by the following: (3)  Article 11 is replaced by the following:   “Article 11   Amendments to the Annexes and implementing measures “The Commission is empowered to adopt delegated acts in accordance with Article 11a to amend Annexes II, III and IV, taking account in particular of the following criteria: The Commission is empowered to adopt delegated acts in accordance with Article 11a to amend Annexes II, III and IV, taking account in particular of the following criteria: (a)  the occurrence of zoonoses, zoonotic agents and antimicrobial resistance in animal and human population, feed, food and the environment, (a)  the occurrence of zoonoses, zoonotic agents and antimicrobial resistance in animal and human population, feed, food and the environment, (b)  the availability of new monitoring and reporting tools, (b)  the availability of new monitoring and reporting tools, (c)  the needs required for the assessment of trends at national, European or global level.” (c)  the needs required for the assessment of trends at national, European or global level.   In addition, implementing measures may be adopted in accordance with the committee procedure referred to in Article 12(2).”
Justification
The criteria inserted are new, however they make the empowerment more precise by explaining what could justify amending the Annexes (thus not just giving a “blank” empowerment). Since the Commission proposal has kept the last paragraph of Article 11 of Directive 2003/99/EC without any changes, it makes sense to add a deletion of the “transitional measures” mentioned in that paragraph (as transitional measures are no longer needed).
Amendment    454 Proposal for a regulation Annex I – Part XII – point 146 – paragraph 2 – point 4 Directive 2003/99/EC Article 11 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(4), Article 5(1) and Article 11 shall be conferred for an indeterminate period of time from [date of entry into force of this Omnibus]. 2.  The powers to adopt delegated acts referred to in Article 4(4), Article 5(1) and 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    455 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 1829/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annex to that Regulation in order to adapt to technical progress and to supplement that Regulation by establishing appropriate lower thresholds for GMO presence in food and feed, below which the labelling requirements do not apply, subject to certain conditions and by establishing specific rules concerning the information to be given by mass caterers providing food to the final consumer.	In order to achieve the objectives of Regulation (EC) No 1829/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annex to that Regulation in order to adapt to technical progress and to supplement that Regulation by determining which food and feed falls within the scope of different sections of that Regulation, by establishing appropriate lower thresholds for GMO presence in food and feed, below which the labelling requirements do not apply, subject to certain conditions, by establishing measures for operators to satisfy the competent authorities and measures necessary for operators to comply with the labelling requirements and by establishing specific rules concerning the information to be given by mass caterers providing food to the final consumer.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    456 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 3
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1829/2003, implementing powers should be conferred on the Commission concerning measures for operators to satisfy the competent authorities, measures necessary for operators to comply with the labelling requirements and rules to facilitate the uniform application of certain provisions. 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 1829/2003, implementing powers should be conferred on the Commission concerning rules to facilitate the uniform application of certain provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    457 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 1 Regulation (EC) No 1829/2003 Article 3 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission may decide, by means of implementing acts, whether a type of food falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by determining whether a type of food falls within the scope of this Section.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    458 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 2 Regulation (EC) No 1829/2003 Article 12 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, establishing appropriate lower thresholds, in particular in respect of foods containing or consisting of GMOs, or taking account of advances in science and technology.” “4.  The Commission is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of foods containing or consisting of GMOs, or taking account of advances in science and technology.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    459 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 3 Regulation (EC) No 1829/2003 Article 14
Text proposed by the Commission Amendment “Article 14 “Article 14 Delegated and implementing powers Delegated and implementing powers 1.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, adopting specific rules concerning the information to be given by mass caterers providing food to the final consumer. In order to take account of the specific situation of mass caterers, such rules may provide for adaptation of the requirements set out in Article 13(1)(e). 1.  The Commission is empowered to adopt delegated acts in accordance with Article 34a, to supplement this Regulation by establishing:   (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3);   (b)  measures necessary for operators to comply with the labelling requirements set out in Article 13; and   (c)  specific rules concerning the information to be given by mass caterers providing food to the final consumer. In order to take account of the specific situation of mass caterers, such rules may provide for adaptation of the requirements set out in Article 13(1)(e). 2.  The Commission may adopt, by means of implementing acts: 2.  The Commission may adopt detailed rules to facilitate the uniform application of Article 13 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).” (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3);   (b)  measures necessary for operators to comply with the labelling requirements set out in Article 13;   (c)  detailed rules to facilitate the uniform application of Article 13.   Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    460 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 4 Regulation (EC) No 1829/2003 Article 15 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission may decide, by means of implementing acts, whether a type of feed falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by determining whether a type of feed falls within the scope of this Section.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    461 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 5 Regulation (EC) No 1829/2003 Article 24 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, establishing appropriate lower thresholds, in particular in respect of feed containing or consisting of GMOs, or taking account of advances in science and technology.” “4.  The Commission is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of feed containing or consisting of GMOs, or taking account of advances in science and technology.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    462 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 6 Regulation (EC) No 1829/2003 Article 26
Text proposed by the Commission Amendment “Article 26 “Article 26 Implementing powers Delegated and implementing powers The Commission may adopt, by means of implementing acts: 1.  The Commission is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by establishing: (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 24(3); (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 24(3); (b)  measures necessary for operators to comply with the labelling requirements set out in Article 25; (b)  measures necessary for operators to comply with the labelling requirements set out in Article 25. (c)  detailed rules to facilitate the uniform application of Article 25.   Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).” 2.  The Commission may adopt detailed rules to facilitate the uniform application of Article 25 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    463 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 –point 8 Regulation (EC) No 1829/2003 Article 34 a
Text proposed by the Commission Amendment “Article 34a “Article 34a 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 12(4), Article 14(1a), Article 24(4) and Article 32, sixth paragraph, 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 12(4), Article 14(1), Article 15(2), Article 24(4), Article 26(1) and in the sixth paragraph of Article 32 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 delegations of power referred to in Article 12(4), Article 14(1a), Article 24(4) and Article 32, sixth paragraph, 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(2), Article 12(4), Article 14(1), Article 15(2), Article 24(4), Article 26(1) and in the sixth paragraph of Article 32 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 12(4), Article 14(1a), Article 24(4) or Article 32, sixth paragraph, 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(2), Article 12(4), Article 14(1), Article 15(2), Article 24(4), Article 26(1) and in the sixth paragraph of Article 32 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 and updating the references in line with previous amendments.
Amendment    464 Proposal for a regulation Annex I – Part XII – point 148 – paragraph 2 – point 1 Regulation (EC) No 1830/2003 Article 8 – paragraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts, in accordance with Article 9a, establishing and adapting a system for the development and assignment of unique identifiers to GMOs taking account of developments in international fora.; The Commission is empowered to adopt delegated acts, in accordance with Article 9a, to supplement this Regulation by establishing and adapting a system for the development and assignment of unique identifiers to GMOs taking account of developments in international fora.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    465 Proposal for a regulation Annex I – Part XII – point 148 – paragraph 2 – point 2 Regulation (EC) No 1830/2003 Article 9 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
The standard 5-year renewable delegation of power (if neither the Council nor the European Parliament withdraw it) should apply to all files in this policy area, as was the case in the previous legislation. This is also consistent with Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).
Amendment    466 Proposal for a regulation Annex I – Part XII – point 149 – paragraph 2 – point 3 Regulation (EC) No 1831/2003 Article 7 – paragraph 5 – subparagraph 3
Text proposed by the Commission Amendment 5.  The Commission is empowered to adopt delegated acts in accordance with Article 21a concerning the establishment of rules to allow for simplified provisions for the authorisation of additives which have been authorised for use in food. The Commission is empowered to adopt delegated acts in accordance with Article 21a to supplement this Regulation by establishing rules to allow for simplified provisions for the authorisation of additives which have been authorised for use in food.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    467 Proposal for a regulation Annex I – Part XII – point 149 – paragraph 2 – point 6 Regulation (EC) No 1831/2003 Article 21 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 3(5), Article 6(3), Article 7(5), Article 16(6) and Article 21 shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 3(5), Article 6(3), Article 7(5), Article 16(6) and Article 21 shall be conferred on the Commission for a period of five years from the ... [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.
Amendment    468 Proposal for a regulation Annex I – Part XII – point 150 – paragraph 2 – point 1 Regulation (EC) No 2065/2003 Article 17 – paragraph 3
Text proposed by the Commission Amendment “3.  The Commission is empowered to adopt delegated acts in accordance with Article 18a concerning quality criteria for validated analytical methods referred to in point 4 of Annex II, including substances to be measured. Those delegated acts shall take into account available scientific evidence.” “3.  The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by establishing quality criteria for validated analytical methods referred to in point 4 of Annex II, including substances to be measured. Those delegated acts shall take into account available scientific evidence.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    469 Proposal for a regulation Annex I – Part XII – point 150 – paragraph 2 – point 3 Regulation (EC) No 2065/2003 Article 18 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 17(3) and Article 18(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 17(3) and Article 18(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    470 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 2160/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I, II and III to that Regulation and to supplement that Regulation as regards the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents, specific control methods, specific rules on criteria relating to imports from third countries, the responsibilities and tasks of the Union reference laboratories and certain responsibilities and tasks of the national reference laboratories. 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 achieve the objectives of Regulation (EC) No 2160/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I, II and III to that Regulation and to supplement that Regulation as regards the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents, specific control methods, specific rules on criteria relating to imports from third countries, the responsibilities and tasks of the Union reference laboratories, approval of methods for testing, and as regards certain responsibilities and tasks of the national reference laboratories. 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    471 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) 2160/2003, implementing powers should be conferred on the Commission concerning approving methods for testing. 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    472 Proposal for a regulation Annex I – Part XII – point 151 –paragraph 3 – point 1 – point a Regulation (EC) No 2160/2003 Article 4 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents listed in Annex I, column 1, in the animal populations listed in Annex I, column 2, taking account, in particular, of: 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation as regards the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents listed in Annex I, column 1, in the animal populations listed in Annex I, column 2, taking account, in particular, of:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    473 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 3 Regulation (EC) No 2160/2003 Article 8 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning: 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation as regards:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    474 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 4 Regulation (EC) No 2160/2003 Article 9 – paragraph 4
Text proposed by the Commission Amendment “4.  Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, establishing the rules concerning the setting by Member States of the criteria referred to in Article 5(5) and in paragraph 2of this Article.” “4.  Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by establishing the rules concerning the setting by Member States of the criteria referred to in Article 5(5) and in paragraph 2 of this Article.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    475 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 5 Regulation (EC) No 2160/2003 Article 10 – paragraph 5 – sentences 2 and 3
Text proposed by the Commission Amendment “The authorisation may be withdrawn in accordance with the same procedure. and, without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a establishing specific rules concerning such criteria.” “The authorisation may be withdrawn in accordance with the same procedure. Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by establishing specific rules concerning such criteria.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    476 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 6 – point a Regulation (EC) No 2160/2003 Article 11 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a laying down the responsibilities and tasks of the Union reference laboratories, in particular with regard to coordination of their activities and those of the national reference laboratories.” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by laying down the responsibilities and tasks of the Union reference laboratories, in particular with regard to coordination of their activities and those of the national reference laboratories.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    477 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 6 – point b Regulation (EC) No 2160/2003 Article 11 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a laying down certain responsibilities and tasks of the national reference laboratories, in particular with regard to coordination of their activities and those of the relevant laboratories in the Member States designated under Article 12(1)(a).” “4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by laying down certain responsibilities and tasks of the national reference laboratories, in particular with regard to coordination of their activities and those of the relevant laboratories in the Member States designated under Article 12(1)(a).”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    478 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 7 Regulation (EC) No 2160/2003 Article 12 – paragraph 3 – subparagraph 3
Text proposed by the Commission Amendment “3.  The Commission may approve, by means of implementing acts, other methods for testing referred in paragraph 3. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2).” “The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by approving other methods for testing than those referred in the first and second subparagraph of this paragraph.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    479 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 8 Regulation (EC) No 2160/2003 Article 13 – paragraph 1
Text proposed by the Commission Amendment (8) in Article 13, the first paragraph is replaced by the following: (8) Article 13 is replaced by the following:   “Article 13   Delegated and implementing powers “The Commission is empowered to adopt delegated acts in accordance with Article 13a amending elements concerning the relevant health certificates.” The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by amending elements concerning the relevant health certificates.   In addition, implementing measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2).”
Justification
Clarification of empowerment (i.e. to supplement). Since the Commission proposal has kept the last paragraph of Article 13 of Regulation (EC) No 2160/2003 without any changes, it makes sense to add a deletion of the “transitional measures” mentioned in that paragraph (as transitional measures are no longer needed).
Amendment    480 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 9 Regulation (EC) No 2160/2003 Article 13 a
Text proposed by the Commission Amendment “Article 13a “Article 13a 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 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4) and Article 13 shall be conferred 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), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), the third subparagraph of Article 12(3) 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. 3.  The delegation of powers referred to in Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), 11(2) and (4) and Article 13 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 powers referred to in Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), 11(2) and (4), the third subparagraph of Article 12(3) and Article 13 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 adapting 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 adapting 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 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4) and Article 13 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 the Council. 6.  A delegated act adopted pursuant to Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), the third subparagraph of Article 12(3) and Article 13 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 and updating the references in line with previous amendments.
Amendment    481 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Directive 2004/23/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Directive with traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality, and to supplement that Directive with certain technical requirements. 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 achieve the objectives of Directive 2004/23/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Directive by establishing traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality, and by establishing procedures for ensuring traceability and for verifying the equivalent standards of quality and safety of imported tissues and cells, and to supplement that Directive with respect to certain technical requirements. 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    482 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Directive 2004/23/EC implementing powers should be conferred on the Commission to establish procedures for ensuring traceability and for verifying the equivalent standards of quality and safety of imported tissues and cells. 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    483 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 1 Directive 2004/23/EC Article 8 – paragraph 5
Text proposed by the Commission Amendment 5.  The Commission is empowered to adopt delegated acts in accordance with Article 28a to establish traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality and safety. 5.  The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive, by establishing traceability requirements for tissues and cells, for products and materials coming into contact with those tissues and cells and having an effect on their quality and safety, as well as by establishing the procedures for ensuring traceability at Union level.
Justification
Amendments to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, and to clarify the empowerment (i.e. to supplement).
Amendment    484 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 1 Directive 2004/23/EC Article 8 – paragraph 6
Text proposed by the Commission Amendment 6.  The Commission shall establish the procedures for ensuring traceability at Union level by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 29(2). deleted
Justification
Amendments to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, and to clarify the empowerment (i.e. to supplement).
Amendment    485 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 2 Directive 2004/23/EC Article 9 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission shall establish the procedures for verifying the equivalent standards of quality and safety in accordance with paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 29(2).” “4.  The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive by establishing the procedures for verifying the equivalent standards of quality and safety in accordance with paragraph 1.”
Justification
Amendments to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    486 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 3 Directive 2004/23/EC Article 28 – paragraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 28a with respect to the technical requirements referred to in points (a) to (i) of the first paragraph. The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive with respect to the technical requirements referred to in points (a) to (i) of the first paragraph.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    487 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 4 Directive 2004/23/EC Article 28 a
Text proposed by the Commission Amendment “Article 28a “Article 28a 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 delegation of power referred to in Article 8(5) and in the second paragraph of Article 28 shall be conferred for an indeterminate period of time from the [date of entry into force of this omnibus]. 2.  The delegation of power referred to in Article 8(5), Article 9(4), and in the second paragraph of Article 28 shall be conferred on the Commission for a period of five years from the ... [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 8(5) and in the second paragraph of Article 28 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 8(5), Article 9(4), and in the second paragraph of Article 28 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 8(5) and in the second paragraph of Article 28 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 the Council. 6.  A delegated act adopted pursuant to Article 8(5), Article 9(4), and in the second paragraph of Article 28 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 and updating the references in line with previous amendments.
Amendment    488 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 1 Regulation (EC) No 852/2004 Article 4 – paragraph 4 – introductory part
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a adopting the specific hygiene measures referred to in paragraph 3, in particular concerning: 4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by laying down the specific hygiene measures referred to in paragraph 3, in particular concerning:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    489 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 2 Regulation (EC) No 852/2004 Article 6 – paragraph 3 – point c
Text proposed by the Commission Amendment “(c)  by a delegated act that the Commission is empowered to adopt in accordance with Article 13a.” “(c)  by a delegated act that the Commission is empowered to adopt in accordance with Article 13a and that supplements this Regulation.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    490 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 3 Regulation (EC) No 852/2004 Article 12 – paragraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning specific provisions for the application of the requirements of this Regulation to specific foodstuffs in order to address specific risks or emerging hazards in relation to public health.; The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by laying down specific provisions for the application of the requirements of this Regulation to specific foodstuffs in order to address specific risks or emerging hazards in relation to public health.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    491 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 4 Regulation (EC) No 852/2004 Article 13 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a granting derogations from Annexes I and II , taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the following objectives of this Regulation: 2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by granting derogations from Annex I and II, in particular to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the objectives of this Regulation. (a)  to facilitate the implementation of Article 5 for small businesses;   (b)  to establishments producing, handling or processing raw material which is intended for the production of highly refined food products which have undergone a treatment ensuring its safety.
Justification
This amendment reflects the original wording of paragraph 2 much better. Derogations should not affect any of the objectives of the Regulation (EC) No 852/2004. The wording proposed by the Commission inexplicably mixes up the reasons for derogations with the objectives of the Regulation (points (a) and (b) are not the objectives of the Regulation). In addition, point (b) is not present in the current wording of Article 13 thereof.
Amendment    492 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 5 Regulation (EC) No 852/2004 Article 13 a
Text proposed by the Commission Amendment “Article 13a “Article 13a 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 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) shall be conferred 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(4), Article 6(3)(c), Article 12 and Article 13(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. 3.  The delegation of powers referred to in Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (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 powers referred to in Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (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. 4.  Before adapting 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 adapting 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 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) 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 the Council. 6.  A delegated act adopted pursuant to Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) 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.”
(The numbering of the Commission proposal should be corrected. Point (6) in the Commission proposal is actually point (5))
Justification
Alignment of the duration of the empowerment in line with previous amendments.
Amendment    493 Proposal for a regulation Annex I – Part XII – point 154 – paragraph 2 – point 1 Regulation (EC) No 853/2004 Article 3 – paragraph 2
Text proposed by the Commission Amendment “2.  Food business operators shall not use any substance other than potable water — or, when Regulation (EC) No 852/2004 or this Regulation permits its use, clean water — to remove surface contamination from products of animal origin, unless use of the substance has been approved by the Commission. For that purpose the Commission is empowered to adopt delegated acts in accordance with Article 11a. Food business operators shall also comply with any conditions for use that may be adopted under the same procedure. The use of an approved substance shall not affect the food business operator's duty to comply with the requirements of this Regulation.” “2.  Food business operators shall not use any substance other than potable water — or, when Regulation (EC) No 852/2004 or this Regulation permits its use, clean water — to remove surface contamination from products of animal origin, unless use of the substance has been approved by the Commission. For that purpose the Commission is empowered to adopt delegated acts in accordance with Article 11a that supplement this Regulation. Food business operators shall also comply with any conditions for use that may be adopted under the same procedure. The use of an approved substance shall not affect the food business operator's duty to comply with the requirements of this Regulation.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    494 Proposal for a regulation Annex I – Part XII – point 154 – paragraph 2 – point 2 Regulation (EC) No 853/2004 Article 8 – paragraph 3 – point a
Text proposed by the Commission Amendment “(a)  The Commission is empowered to adopt delegated acts in accordance with Article 11a [amending paragraphs 1 and 2 in order to update the requirements set out in those paragraphs], taking into account changes in Member States’ control programmes or of the adoption of microbiological criteria in accordance with Regulation (EC) No 852/2004.” “(a)  The Commission is empowered to adopt delegated acts in accordance with Article 11a amending paragraphs 1 and 2 in order to update the requirements set out in those paragraphs, taking into account changes in Member States’ control programmes or of the adoption of microbiological criteria in accordance with Regulation (EC) No 852/2004.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    495 Proposal for a regulation Annex I – Part XII – point 154 – paragraph 2 – point 4 Regulation (EC) No 853/2004 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 11a granting derogations from Annex II and III , taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the following objectives of this Regulation: 2.  The Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Regulation by granting derogations from Annex II and III, taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the following objectives of this Regulation:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    496 Proposal for a regulation Annex I – Part XII – point 154 – paragraph 2 – point 6 Regulation (EC) No 853/2004 Article 11 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 3(2), Article 8(3)(a) and Article 10(1) and (2) shall be conferred 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 8(3)(a) and Article 10(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    497 Proposal for a regulation Annex I – Part XII – point 155 – paragraph 2 – point 2 Regulation (EC) No 854/2004 Article 17 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 18a granting derogations from Annexes I,II, III, IV, V and VI them, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the following objectives of this Regulation: 2.  The Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by granting derogations from Annexes I, II, III, IV, V and VI, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the objectives of this Regulation, in order to: (i) to facilitate the implementation of the requirements laid down in the Annexes in small businesses; (i) facilitate the implementation of the requirements laid down in the Annexes in small businesses; (ii) to enable the continued use of traditional methods at any of the stages of production, processing or distribution of food; (ii) enable the continued use of traditional methods at any of the stages of production, processing or distribution of food; (iii) to accommodate the needs of food businesses situated in regions that are subject to special geographic constraints. (iii) accommodate the needs of food businesses situated in regions that are subject to special geographic constraints.
Justification
This amendment clarifies the empowerment (i.e. to supplement).
Amendment    498 Proposal for a regulation Annex I – Part XII – point 155 – paragraph 2 – point 3 – point a Regulation (EC) No 854/2004 Article 18 – introductory part
Text proposed by the Commission Amendment “Without prejudice to the general application of Article 16 and Article 17(1), the Commission may lay down the following measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(2):"; “Without prejudice to the general application of Article 17(1), the Commission is empowered to adopt delegated acts in accordance with Article 18a to supplement this Regulation by laying down the following measures:”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts. Reference to Article 16 of Regulation (EC) No 854/2004 is no longer needed, as that provision is deleted according to the Commission proposal
Amendment    499 Proposal for a regulation Annex I – Part XII – point 155 – paragraph 2 – point 4 Regulation (EC) No 854/2004 Article 18 a
Text proposed by the Commission Amendment “Article 18a “Article 18a 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(1) and (2) shall be conferred 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(1) and (2) and in 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. 3.  The delegation of powers referred to in Article 17(1) and (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 powers referred to in Article 17(1) and (2) and in Article 18 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 adapting 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 Article 17(1) and (2) 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 the Council. 6.  A delegated act adopted pursuant Article 17(1) and (2) and Article 18 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 and updating the references in line with previous amendments.
Amendment    500 Proposal for a regulation Annex I – Part XII – point 156 – paragraph 2 – point 1 Regulation (EC) No 183/2005 Article 5 – paragraph 3 – paragraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 30a defining the criteria and targets referred to in points (a) and (b).” “The Commission is empowered to adopt delegated acts in accordance with Article 30a to supplement this Regulation by defining the criteria and targets referred to in points (a) and (b).”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    501 Proposal for a regulation Annex I – Part XII – point 156 – paragraph 2 – point 2 Regulation (EC) No 183/2005 Article 10 – point 3
Text proposed by the Commission Amendment “(3)  approval is required by a Delegated Regulation that the Commission is empowered to adopt in accordance with Article 30a.” “(3)  approval is required by a Delegated Regulation that the Commission is empowered to adopt in accordance with Article 30a and that supplements this Regulation.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    502 Proposal for a regulation Annex I – Part XII – point 156 – paragraph 2 – point 4 Regulation (EC) No 183/2005 Article 28 – paragraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 30a granting derogations from Annexes I, II and III for particular reasons, provided that such derogations do not affect the achievement of the objectives of this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 30a to supplement this Regulation by granting derogations from Annexes I, II and III for particular reasons, provided that such derogations do not affect the achievement of the objectives of this Regulation.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    503 Proposal for a regulation Annex I – Part XII – point 156 – paragraph 2 – point 5 Regulation (EC) No 183/2005 Article 30 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(3), Article 10(3), Article 27 and Article 28 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of the Omnibus]. 2.  The power to adopt delegated acts referred to in Article 5(3), Article 10(3), Article 27 and Article 28 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
The standard 5-year renewable delegation of power (if neither the Council nor the European Parliament withdraw it) should apply to all files in this policy area, as was the case in the previous legislation. This is also consistent with Parliament’s general approach (see resolution of 25 February 2014, paragraph 9).
Amendment    504 Proposal for a regulation Annex I – Part XII – point 157 – paragraph 3 – point 1 Regulation (EC) No 1901/2006 Article 20 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 50a defining further the grounds for granting a deferral, on the basis of the experience acquired as a result of the operation of paragraph 1.” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Regulation by defining further the grounds for granting a deferral, on the basis of the experience acquired as a result of the operation of paragraph 1.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    505 Proposal for a regulation Annex I – Part XII – point 157 – paragraph 3 – point 2 Regulation (EC) No 1901/2006 Article 49 – paragraph 3 – subparagraph 2 – introductory part
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 50a laying down: The Commission is empowered to adopt delegated acts in accordance with Article 50a to supplement this Regulation by laying down:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    506 Proposal for a regulation Annex I – Part XII – point 157 – paragraph 3 – point 4 Regulation (EC) No 1901/2006 Article 50 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 20(2) and Article 49(3) shall be conferred to the Commission for an indeterminate period from [date of entry into force of this omnibus]. 2.  The power to adopt delegated acts referred to in Article 20(2) and Article 49(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    507 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 1 – indent 5 a (new)
Text proposed by the Commission	Amendment
	-  the adoption of the Union list of permitted health claims other than those referring to the reduction of disease risk and to children's development and health, and their conditions of use, any changes or any additions to that list, and final decisions on applications for authorisations of claims.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    508 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 3
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1924/2006, implementing powers should be conferred on the Commission as regards the adoption of the Union list of permitted health claims other than those referring to the reduction of disease risk and to children's development and health and their conditions of use, any changes or any additions to that list, and as regards final decisions on applications for authorisations of claims. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    509 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 1 – point a Regulation (EC) No 1924/2006 Article 1 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the labelling information for those non-prepackaged foodstuffs. National provisions may apply until the eventual adoption of those delegated acts. In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation concerning the labelling information for those non-prepackaged foodstuffs. National provisions may apply until the eventual adoption of those delegated acts.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    510 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 1 – point b Regulation (EC) No 1924/2006 Article 1 – paragraph 4
Text proposed by the Commission Amendment “4.  For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, food business operators concerned may apply for a derogation from paragraph 3. The application shall be sent to the national competent authority of a Member State which will forward it to the Commission without delay. The Commission shall adopt and make public the rules for food business operators according to which such applications shall be made, so as to ensure that the application is dealt with transparently and within a reasonable time. The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning derogations from paragraph 3.” “4.  For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, food business operators concerned may apply for a derogation from paragraph 3. The application shall be sent to the national competent authority of a Member State which will forward it to the Commission without delay. The Commission shall adopt and make public the rules for food business operators according to which such applications shall be made, so as to ensure that the application is dealt with transparently and within a reasonable time. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation concerning derogations from paragraph 3.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    511 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 2 – point b Regulation (EC) No 1924/2006 Article 3 – paragraph 2 a
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 24a derogating from point (d) of the second subparagraph of this Article in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet; the delegated acts shall include conditions for the application of the derogations, taking into account the special conditions present in Member States. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by granting derogations from point (d) of the second paragraph of this Article in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet; the delegated acts shall include conditions for the application of the derogations, taking into account the special conditions present in Member States.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    512 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point i Regulation (EC) No 1924/2006 Article 4 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment “1. The Commission is empowered to adopt delegated acts in accordance with Article 24a by 19 January 2009 establishing specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles." “The Commission is empowered to adopt delegated acts in accordance with Article 24a by 19 January 2009 to supplement this Regulation by establishing specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles."
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    513 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point ii Regulation (EC) No 1924/2006 Article 4 – paragraph 1 – subparagraph 6
Text proposed by the Commission Amendment "The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the update of nutrient profiles and their conditions of use to take into account relevant scientific developments. To this purpose, interested parties, in particular food business operators and consumer groups shall be consulted." "The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation concerning the update of nutrient profiles and their conditions of use to take into account relevant scientific developments. To this purpose, interested parties, in particular food business operators and consumer groups shall be consulted."
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    514 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 3 – point b Regulation (EC) No 1924/2006 Article 4 – paragraph 5
Text proposed by the Commission Amendment “5.  The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning measures determining the foods or categories of foods other than those referred to in paragraph 3 of this Article for which nutrition or health claims are to be restricted or prohibited in the light of scientific evidence.” “5.  The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation concerning measures determining the foods or categories of foods other than those referred to in paragraph 3 of this Article for which nutrition or health claims are to be restricted or prohibited in the light of scientific evidence.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    515 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 5 Regulation (EC) No 1924/2006 Article 13 – paragraph 3
Text proposed by the Commission Amendment 3.  The Commission shall, after consulting the Authority, adopt a Union list of permitted claims as referred to in paragraph 1 and all necessary conditions for the use of those claims by 31 January 2010 at the latest by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2). 3.  After consulting the Authority, the Commission shall adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing a Union list of permitted claims as referred to in paragraph 1 and all necessary conditions for the use of those claims by 31 January 2010 at the latest .
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    516 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 5 Regulation (EC) No 1924/2006 Article 13 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission shall, after consulting the Authority, on the Commission's own initiative or following a request by a Member State adopt any changes to the list referred to in paragraph 3, based on generally accepted scientific evidence by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2). 4.  After consulting the Authority, the Commission shall adopt delegated acts in accordance with Article 24a, on its own initiative or following a request by a Member State, to supplement this Regulation by adopting any changes to the list referred to in paragraph 3, based on generally accepted scientific evidence.
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    517 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 6 – point a Regulation (EC) No 1924/2006 Article 17 – paragraph 3 – subparagraph 1
Text proposed by the Commission Amendment “The Commission shall adopt a final decision on the application by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2)." “The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation as regards its final decision on the application.”
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    518 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 6 – point b Regulation (EC) No 1924/2006 Article 17 – paragraph 3 – subparagraph 2 – point b
Text proposed by the Commission Amendment “(b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt measures for authorisation of the claim without restriction for use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2).” “(b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by adopting measures for authorisation of the claim without restriction for use.”
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    519 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 7 – point a Regulation (EC) No 1924/2006 Article 18 – paragraph 5 – subparagraph 1
Text proposed by the Commission Amendment “Where the Authority issues an opinion that does not support the inclusion of the claim in the list referred to in paragraph 4, the Commission shall adopt a decision on the application by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2)." “The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulationas regards its decision on the application, where the Authority issues an opinion that does not support the inclusion of the claim in the list referred to in paragraph 4.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    520 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 7 – point b Regulation (EC) No 1924/2006 Article 18 – paragraph 5 – subparagraph 2 – point b
Text proposed by the Commission Amendment “(b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt measures for authorisation of the claim without restriction of use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2).” “(b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt delegated acts in accordance with Article 24a to supplement this Regulation as regards authorisation of the claim without restriction of use.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    521 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 8 Regulation (EC) No 1924/2006 Article 24 a
Text proposed by the Commission Amendment "Article 24a "Article 24a 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 1(2) and (4), Article 3, Article 4(1) and (5) 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 Article 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4), Article 18(5), and point (a) of Article 28(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. 3.  The delegation of power referred to in Article 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(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 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4), Article 18(5) and point (a) of Article 28(6) 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 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(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 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4), Article 18(5) and point (a) of Article 28(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. _______________________ _______________________ * OJ L 123, 12.5.2016, p. 1." * OJ L 123, 12.5.2016, p. 1."
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    522 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 10 – point b Regulation (EC) No 1924/2006 Article 28 – paragraph 6 – point a – point ii
Text proposed by the Commission Amendment “(ii)  after consulting the Authority, the Commission shall, by means of implementing act, adopt a decision concerning the health claims authorised in this way. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2).” “(ii)  after consulting the Authority, the Commission shall adopt delegated acts in accordance with Article 24a to supplement this Regulation by laying down the health claims authorised in this way.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    523 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 1925/2006, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Regulation to adapt it to technical and scientific progress and to amend Annex III to that Regulation to allow the use of vitamins, minerals and of certain other substances prohibited, restricted or under Union scrutiny and to supplement that Regulation by determining the additional foods or categories of foods to which vitamins and minerals may not be added, by determining the purity criteria for vitamin formulations and mineral substances and by determining the minimum amount by derogation from the significant amount for the presence of a vitamin or mineral in the food. 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 achieve the objectives of Regulation (EC) No 1925/2006, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Regulation to adapt it to technical and scientific progress and to amend Annex III to that Regulation to allow the use of vitamins, minerals and of certain other substances prohibited, restricted or under Union scrutiny, to supplement that Regulation by determining the additional foods or categories of foods to which vitamins and minerals may not be added, by determining the purity criteria for vitamin formulations and mineral substances and by determining the minimum amount by derogation from the significant amount for the presence of a vitamin or mineral in the food, as well as by setting the maximum amounts for the vitamins or minerals added to food and by defining the conditions restricting or prohibiting the addition of a specific vitamin or mineral.. 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    524 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1925/2006, implementing powers should be conferred on the Commission as regards the amounts of the vitamins or minerals added to food and as regards the conditions restricting or prohibiting the addition of a specific vitamin or mineral. 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    525 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 2 Regulation (EC) No 1925/2006 Article 4 – paragraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning measures determining the additional foods or categories of foods to which vitamins and minerals may not be added in the light of scientific evidence and taking into account their nutritional value.” “The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation concerning measures determining the additional foods or categories of foods to which vitamins and minerals may not be added in the light of scientific evidence and taking into account their nutritional value.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    526 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 3 Regulation (EC) No 1925/2006 Article 5 – paragraph 1
Text proposed by the Commission Amendment “1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning measures determining the purity criteria for vitamin formulations and mineral substances listed in Annex II, except where purity criteria apply pursuant to paragraph 2 of this Article.” “1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation concerning measures determining the purity criteria for vitamin formulations and mineral substances listed in Annex II, except where purity criteria apply pursuant to paragraph 2 of this Article.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    527 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a Regulation (EC) No 1925/2006 Article 6 – paragraph 1
Text proposed by the Commission Amendment 1.  When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts. The Commission shall set those amounts by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2). The Commission may, to this end submit a draft of measures for the maximum amounts by 19 January 2009. For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer’s instructions. 1.  When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts. The Commission shall adopt delegated acts in accordance with Article 13a to supplement this Regulation concerning those maximum amounts. The Commission may, to this end submit a draft of measures for the maximum amounts by 19 January 2009. For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer’s instructions.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, and clarification of empowerment (i.e. to supplement).
Amendment    528 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a Regulation (EC) No 1925/2006 Article 6 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission shall define any conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2). 2.  The Commission shall adopt delegated acts in accordance with Article 13a to supplement this Regulation concerning the definition of any conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    529 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 4 – point b Regulation (EC) No 1925/2006 Article 6 – paragraph 6
Text proposed by the Commission Amendment “6.  The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011. The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning measures determining the minimum amounts of vitamin or mineral in the food, including any lower amounts by derogation from the significant amounts, for specific foods or categories of foods.” “6.  The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, concerning measures determining the minimum amounts of vitamin or mineral in the food, including any lower amounts by derogation from the significant amounts, for specific foods or categories of foods.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    530 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 5 Regulation (EC) No 1925/2006 Article 7 – paragraph 1
Text proposed by the Commission Amendment “1.  The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. The Commission is empowered to adopt delegated acts in accordance with Article 13a derogating from this rule as regards a specific nutrient.” “1.  The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by granting derogations from this rule as regards a specific nutrient.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    531 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 7 Regulation (EC) No 1925/2006 Article 13 a
Text proposed by the Commission Amendment “Article 13a “Article 13a 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 referred to in Article 3(3), Article 4, Article 5(1), Article 6(6), Article 7(1) and Article 8(2) and (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 referred to in Article 3(3), Article 4, Article 5(1), Article 6(1), (2) and (6), Article 7(1) and Article 8(2) and (5) shall be conferred on the Commission for an indeterminate period of time 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 3(3), Article 4, Article 5(1), Article 6(6), Article 7(1) and Article 8(2) and (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. 3.  The delegation of power referred to in Article 3(3), Article 4, Article 5(1), Article 6(1), (2) and (6), Article 7(1) and Article 8(2) and (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. 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 Inter-Institutional 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 3(3), Article 4, Article 5(1), Article 6(6), Article 7(1) and Article 8(2) and (5) 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(3), Article 4, Article 5(1), Article 6(1), (2) and (6), Article 7(1) and Article 8(2) and (5) 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 and updating the references in line with previous amendments.
Amendment    532 Proposal for a regulation Annex I – Part XII – point 160 – paragraph 2 – point 2 Regulation (EC) No 1394/2007 Article 25 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 24 shall be conferred to the Commission for an indeterminate period from [date of entry into force of this omnibus]. 2.  The power to adopt delegated acts referred to in Article 24 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    533 Proposal for a regulation Annex I – Part XII – point 161 – paragraph 2 – point 1 Directive 2009/32/EC Article 4 – paragraph 2 – introductory part
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 5a establishing 2.  The Commission is empowered to adopt delegated acts in accordance with Article 5a to supplement this Regulation by establishing the following:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    534 Proposal for a regulation Annex I – Part XII – point 161 – paragraph 2 – point 3 Directive 2009/32/EC Article 5 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4 and Article 5(3) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 4 and Article 5(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    535 Proposal for a regulation Annex I – Part XII – point 162 – paragraph 2 – point 2 Directive 2009/41/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    536 Proposal for a regulation Annex I – Part XII – point 163 – paragraph 3 – point 1 Directive 2009/54/EC Article 4 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the measures referred to in points b(i) and (c)(i) of the first subparagraph.” “The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Directive by establishing rules concerning the measures referred to in points b(i) and (c)(i) of the first subparagraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    537 Proposal for a regulation Annex I – Part XII – point 163 – paragraph 3 – point 2 Directive 2009/54/EC Article 9 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the measures referred to in point (d) of the first subparagraph.” “The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Directive by establishing rules concerning the measures referred to in point (d) of the first subparagraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    538 Proposal for a regulation Annex I – Part XII – point 163 – paragraph 3 – point 4 Directive 2009/54/EC Article 12 – paragraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the measures referred to in points (a) to (f) of the first paragraph.” “The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Directive by establishing rules concerning the measures referred to in points (a) to (f) of the first paragraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    539 Proposal for a regulation Annex I – Part XII – point 163 – paragraph 3 – point 5 Directive 2009/54/EC Article 13 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(1), Article 9(4), Article 11(4) 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 4(1), Article 9(4), Article 11(4) 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    540 Proposal for a regulation Annex I – Part XII – point 164 – paragraph 2 – point 5 Directive 2009/128/EC Article 20 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(1) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(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    541 Proposal for a regulation Annex I – Part XII – point 164 – paragraph 2 – point 5 a (new) Directive 2009/128/EC Article 21 – paragraph 2
Text proposed by the Commission Amendment   (5a)  in Article 21, paragraph 2 is deleted.
Justification
This amendment deletes the paragraph referring to the Regulatory Procedure of Scrutiny in Article 21 of Directive 2009/128/EC (which by an oversight was not deleted in the proposal by the Commission).
Amendment    542 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 470/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplementing that Regulation with scientific methods for establishing reference points for action, rules on actions in case of confirmed presence of a prohibited non-authorised substance, as well as the methodological principles for the risk assessment and risk management recommendations and rules on the use of a maximum residue limit established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or a maximum residue limit established for a pharmacologically active substance in one or more species for other species. 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 achieve the objectives of Regulation (EC) No 470/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Regulation with scientific methods for establishing reference points for action, reference points for action for residues from pharmacologically active substances, rules on actions in case of confirmed presence of a prohibited non-authorised substance, as well as the methodological principles for the risk assessment and risk management recommendations and rules on the use of a maximum residue limit established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or a maximum residue limit established for a pharmacologically active substance in one or more species for other species. 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    543 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of the relevant provisions of Regulation (EC) No 470/2009, implementing powers should be conferred on the Commission concerning reference points for action for residues from pharmacologically active substances. 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    544 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 1 Regulation (EC) No 470/2009 Article 13 – paragraph 2 – introductory part
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts, in accordance with Article 24a, concerning the adoption of: 2.  The Commission is empowered to adopt delegated acts, in accordance with Article 24a, to supplement this Regulation concerning the adoption of:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    545 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 2 Regulation (EC) No 470/2009 Article 18
Text proposed by the Commission Amendment “Article 18 “Article 18 Reference points for action Reference points for action When it is deemed necessary in order to ensure the functioning of controls of food of animal origin imported or placed on the market in accordance with Regulation (EC) No 882/2004, the Commission may establish, by means of implementing act, reference points for action for residues from pharmacologically active substances which are not subject to a classification in accordance with Article 14(2)(a), (b) or (c). Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). When it is deemed necessary in order to ensure the functioning of controls of food of animal origin imported or placed on the market in accordance with Regulation (EC) No 882/2004, the Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing reference points for action for residues from pharmacologically active substances which are not subject to a classification in accordance with Article 14(2)(a), (b) or (c). The reference points for action shall be reviewed regularly in the light of new scientific data relating to food safety, the outcome of the investigations and analytical tests referred to in Article 24 and technological progress. The reference points for action shall be reviewed regularly in the light of new scientific data relating to food safety, the outcome of the investigations and analytical tests referred to in Article 24 and technological progress. On duly justified imperative grounds of urgency relating to the protection of human health, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 26 (2a)." Where, in the case of risk to human health, imperative grounds of urgency so require, the procedure provided for in Article 24b shall apply to delegated acts adopted pursuant to this Article."
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, including with respect to the urgency procedure.
Amendment    546 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 3 Regulation (EC) No 470/2009 Article 19 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated act, in accordance with Article 24a, concerning the methological principles and scientific methods for establishing reference point for action.” “The Commission is empowered to adopt delegated acts, in accordance with Article 24a, to supplement this Regulation, concerning the methodological principles and scientific methods for establishing reference points for action.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    547 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 4 Regulation (EC) No 470/2009 Article 24 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission is empowered to adopt delegated act, in accordance with Article 24a, concerning the application of this Article.” “4.  The Commission is empowered to adopt delegated acts, in accordance with Article 24a, to supplement this Regulation concerning the application of this Article.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    548 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 5
Text proposed by the Commission	Amendment
(5)  the following Article 24a is inserted under Title V:	(5)  the following Articles 24a and 24b are inserted under Title V:
Justification
Insertion of a reference to Article 24b (new) in line with the other relevant amendments to Regulation (EC) No 470/2009.
Amendment    549 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 5 Regulation (EC) No 470/2009 Article 24 a
Text proposed by the Commission Amendment “Article 24a “Article 24a 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 13(2), Article 19(3) and Article 24(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 13(2), Article 18, Article 19(3) and Article 24(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. 3.  The delegation of power referred to in Article 13(2), Article 19(3) and Article 24(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 13(2), Article 18, Article 19(3) and Article 24(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. 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 13(2), Article 19(3) and Article 24(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 13(2), Article 18, Article 19(3) and Article 24(4) 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 and updating the references in line with previous amendments.
Amendment    550 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 5 a (new) Regulation (EC) No 470/2009 Article 24 b (new)
Text proposed by the Commission Amendment   (5a)  the following Article 24b is inserted:   “Article 24b   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 24a (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
Adding a new article, Article 24b, was necessary in line with the amendment to Article 18, third subparagraph,of Directive 2009/128/EC, where the urgency procedure for implementing acts is aligned to delegated acts.
Amendment    551 Proposal for a regulation Annex I – Part XII – point 166 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 767/2009, 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 in order to adapt them to technical progress and to supplement that Regulation with a list of categories of feed materials. 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 achieve the objectives of Regulation (EC) No 767/2009, 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 in order to adapt them to technical progress, update the list of intended uses, and set the maximum content of chemical impurities as referred to in point 1 of Annex I, and also to supplement that Regulation with a list of categories of feed materials and by providing clarification as to whether a certain product constitutes feed. 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.
Amendment    552 Proposal for a regulation Annex I – Part XII – point 166 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 767/2009, implementing powers should be conferred on the Commission in order to clarify whether a certain product constitutes feed, updating the list of intended uses and setting the maximum content of chemical impurities. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Amendment    553 Proposal for a regulation Annex I – Part XII – point 166 – paragraph 3 – point 2 Regulation (EC) No 767/2009 Article 7 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission may adopt implementing acts in order to clarify whether a certain product constitutes feed for the purposes of this Regulation. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(3).” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 27a supplementing this Regulation in order to clarify whether a certain product constitutes feed for the purposes of this Regulation.”
Amendment    554 Proposal for a regulation Annex I – Part XII – point 166 – paragraph 3 – point 3 Regulation (EC) No 767/2009 Article 10 – paragraph 5
Text proposed by the Commission Amendment “5.  Within six months of receipt of a valid application or, where appropriate, after receiving the opinion of the Authority, the Commission shall adopt implementing acts updating the list of intended uses if the conditions laid down in paragraph 2 are met. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(3).” “5.  Within six months of receipt of a valid application or, where appropriate, after receiving the opinion of the Authority, the Commission shall adopt delegated acts in accordance with Article 27a supplementing this Regulation by updating the list of intended uses if the conditions laid down in paragraph 2 are met. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 27a.”
Amendment    555 Proposal for a regulation Annex I – Part XII – point 166 – paragraph 3 – point 4 Regulation (EC) No 767/2009 Article 17 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 27a, concerning the establishment of the list of categories of feed materials referred to in paragraph 2(c).” “The Commission is empowered to adopt delegated acts in accordance with Article 27a to supplement this Regulation by establishing the list of categories of feed materials referred to in paragraph 2(c).”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    556 Proposal for a regulation Annex I – Part XII – point 166 – paragraph 3 – point 6 Regulation (EC) No 767/2009 Article 26 – paragraph 3
Text proposed by the Commission Amendment “3.  Amendments to the Community Catalogue setting the maximum content of chemical impurities as referred to in point 1 of Annex I or levels of botanical purity as referred to in point 2 of Annex I or levels of moisture content as referred to in point 6 of Annex I or particulars replacing the compulsory declaration as referred to in Article 16(1)(b), shall be adopted by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(3).” “3.  The Commission is empowered to adopt delegated acts in accordance with Article 27a in order to amend the Community Catalogue setting the maximum content of chemical impurities as referred to in point 1 of Annex I or levels of botanical purity as referred to in point 2 of Annex I or levels of moisture content as referred to in point 6 of Annex I or particulars replacing the compulsory declaration as referred to in Article 16(1)(b).”
Amendment    557 Proposal for a regulation Annex I – Part XII – point 166 – paragraph 3 – point 8 Regulation (EC) No 767/2009 Article 27 a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(2), Article 17(4), Article 20(2) and Article 27(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(2), Article 7(2), Article 10(5), Article 17(4), Article 20(2), Article 26(3) and Article 27(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    558 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 1069/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Regulation as regards:	In order to achieve the objectives of Regulation (EC) No 1069/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Regulation as regards an end point in the manufacturing chain and to supplement it as regards:
Justification
Alignment of the introductory text (Recital) with amendment proposed for Article 5(2) of Regulation (EC) No 1069/2009
Amendment    559 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 1 – indent 1
Text proposed by the Commission	Amendment
–  an end point in the manufacturing chain;	deleted
Justification
See previous amendment amending the introductory part of paragraph 1 of point 167
Amendment    560 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 1 – point b Regulation (EC) No 1069/2009 Article 5 – paragraph 2 – subparagraph 3
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning an end point in the manufacturing chain, beyond which derived products referred to in this paragraph are no longer subject to the requirements of this Regulation.” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to amend this Regulation as regards an end point in the manufacturing chain, beyond which derived products referred to in this paragraph are no longer subject to the requirements of this Regulation.”
Justification
Clarification of empowerment (i.e. to amend)
Amendment    561 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 2 – point a Regulation (EC) No 1069/2009 Article 6 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning the measures referred to in point (b)(ii) of the first subparagraph.” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by establishing rules concerning the measures referred to in point (b)(ii) of the first subparagraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    562 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 2 – point b Regulation (EC) No 1069/2009 Article 6 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning the measures referred to in the first subparagraph.” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by establishing rules concerning the measures referred to in the first subparagraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    563 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 3 Regulation (EC) No 1069/2009 Article 7 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning the measures referred to in paragraphs 2 and 3.” “4.  The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by establishing rules concerning the measures referred to in paragraphs 2 and 3.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    564 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 4 – point a Regulation (EC) No 1069/2009 Article 11 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down measures relating to the following:” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down measures relating to the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    565 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 5 – point b – point i Regulation (EC) No 1069/2009 Article 15 – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down measures relating to the following:” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down measures relating to the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    566 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 6 Regulation (EC) No 1069/2009 Article 17 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down the conditions referred to in the first subparagraph.” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the conditions referred to in the first subparagraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    567 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 7 – point a Regulation (EC) No 1069/2009 Article 18 – paragraph 3 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down measures relating to the following:” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down measures relating to the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    568 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 8 – point a Regulation (EC) No 1069/2009 Article 19 – paragraph 4 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down measures relating to the following:” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down measures relating to the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    569 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 9 – point a Regulation (EC) No 1069/2009 Article 20 – paragraph 11 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “Following receipt of the opinion of the EFSA, the Commission is empowered to adopt delegated acts in accordance with Article 51a as regards the following:” “Following receipt of the opinion of the EFSA, the Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by adopting the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    570 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 10 – point a Regulation (EC) No 1069/2009 Article 21 – paragraph 6 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down measures relating to the following:” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down measures relating to the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    571 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 11 – point b Regulation (EC) No 1069/2009 Article 27 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning the following measures related to this Section and to Section 1 of this Chapter:” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement the Regulation by establishing rules concerning the following measures related to this Section and to Section 1 of this Chapter:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    572 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 12 Regulation (EC) No 1069/2009 Article 31 – paragraph 2
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning measures relating to the public and animal health conditions for the collection, processing and treatment of animal by-products and derived products referred to in paragraph 1.” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by establishing rules concerning measures relating to the public and animal health conditions for the collection, processing and treatment of animal by-products and derived products referred to in paragraph 1.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    573 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 13 – point a Regulation (EC) No 1069/2009 Article 32 – paragraph 3 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down measures relating to the following:” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down measures relating to the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    574 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 14 Regulation (EC) No 1069/2009 Article 40 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning the conditions for: 1.  The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, concerning the conditions for:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    575 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 14 Regulation (EC) No 1069/2009 Article 40 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment 2.  The Commission shall adopt implementing acts concerning the following: 2.  The Commission is empowered to adopt delegated acts in accordance with Article 51a, to amend this Regulation, concerning the following:
Justification
Clarification of empowerment (i.e. to amend).
Amendment    576 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 14 Regulation (EC) No 1069/2009 Article 40 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3). deleted
Amendment    577 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 15 – point a Regulation (EC) No 1069/2009 Article 41 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment “The Commission shall adopt implementing acts laying down the conditions referred to in point (b) of the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3)." “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the conditions referred to in point (b) of the first subparagraph.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    578 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 15 – point b Regulation (EC) No 1069/2009 Article 41 – paragraph 3 – subparagraph 3
Text proposed by the Commission Amendment “The Commission shall adopt implementing acts laying down the requirements provided for in the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3).” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the requirements provided for in the first subparagraph.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    579 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 16 – point b Regulation (EC) No 1069/2009 Article 42 – paragraph 2 – introductory part
Text proposed by the Commission Amendment “2.  The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down the following:” “2.  The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, by laying down the following:”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    580 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 17 Regulation (EC) No 1069/2009 Article 43 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment “The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning the rules referred to in the first subparagraph.” “The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by establishing rules concerning the rules referred to in the first subparagraph.”
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    581 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 18 Regulation (EC) No 1069/2009 Article 45 – paragraph 4
Text proposed by the Commission Amendment “4.  The Commission may adopt implementing acts laying down detailed arrangements for implementing this Article, including rules concerning the reference methods for microbiological analyses. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3).” “4.  The Commission may adopt delegated acts laying down detailed arrangements to supplement this Article, including rules concerning the reference methods for microbiological analyses. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 51a.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts and clarification of empowerment (i.e. to supplement).
Amendment    582 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 19 Regulation (EC) No 1069/2009 Article 48 – paragraph 7 – introductory part
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down the following: The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the following:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    583 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 19 Regulation (EC) No 1069/2009 Article 48 – paragraph 8 – introductory part
Text proposed by the Commission Amendment 8.  The Commission is empowered to adopt delegated acts in accordance with Article 51a specifying the conditions subject to which the competent authorities may allow derogations from paragraphs 1 to 4 as regards the following: 8.  The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by specifying the conditions subject to which the competent authorities may allow derogations from paragraphs 1 to 4 as regards the following:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    584 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 20 Regulation (EC) No 1069/2009 Article 51 a
Text proposed by the Commission Amendment “Article 51a “Article 51a 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 delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48, shall be conferred on the Commission for an indeterminate period of [date of entry into force of this Omnibus]. 2.  The delegation of power referred to in Article 5(1) and (2), Article 6(1) and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1) and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), Article 45(4), the first subparagraph of Article 48(7) and Article 48(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. 3.  The delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of 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 5(1) and (2), Article 6(1) and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1) and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), Article 45(4), the first subparagraph of Article 48(7) and Article 48(8) 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-Makin *. 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 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of 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 5(1) and (2), Article 6(1) and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1) and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), Article 45(4), the first subparagraph of Article 48(7) and Article 48(8) 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 and updating the references in line with previous amendments.

• [1]  OJ C 288, 31.8.2017, p. 29.
• [2]  OJ C ...

EXPLANATORY STATEMENT

Background

Article 5a of Decision 1999/468/EC[1], as amended by Council Decision 2006/512/EC[2], ("the Comitology Decision"), established the so-called regulatory procedure with scrutiny (RPS).

With the entry into force of the Treaty of Lisbon on 1st December 2009 and in light of the subsequent new legal framework for sub-secondary legislation established by Articles 290 and 291 TFEU, the Comitology Decision had to be revised. However, Regulation 182/2011[3] ("the Comitology Regulation"), which was adopted for this purpose on the basis of Article 291(3) TFEU, intentionally left Article 5a of the Comitology Decision out of its scope. Article 5a establishing the RPS had therefore to be provisionally maintained for the purposes of existing basic acts referring to that Article. On the other hand, the acquis in question has to be aligned as soon as possible to the Treaty of Lisbon in order to ensure legal certainty.

In 2013, the Commission proposed to complete the alignment with three extensive proposals (so-called Omnibus proposals), which Parliament adopted in first reading in February 2014[4]. However, the proposals were withdrawn by the new Commission following the European elections. The new Inter-institutional Agreement on Better Law-making (IIA) of 13 April 2016[5] addressed this question in paragraph 27. This provision reads as follows:

“The three Institutions [i.e. the European Parliament, the Council and the Commission] acknowledge the need for the alignment of all existing legislation to the legal framework introduced by the Lisbon Treaty, and in particular the need to give high priority to the prompt alignment of all basic acts which still refer to the regulatory procedure with scrutiny. The Commission will propose that latter alignment by the end of 2016”.

Following the entry into force of the IIA and in light of the obligations stemming therefrom, the Commission presented two new proposals for alignment in December 2016, one focusing on legislative files in the area of justice and one focusing on the remaining policy areas[6]. The two proposals cover 3 and 168 basic acts, respectively.

Contrary to the 2013 proposals, which generally provided that the references to the RPS contained in the basic acts were to be read as references to Articles 290 or 291 TFEU, respectively, the current proposals aim at amending the basic acts in question individually.

Your rapporteur’s approach to the present proposal

Delegated and implementing acts are an important part of the core competences of the Committee on Legal Affairs (JURI) as regards the interpretation, application and monitoring of Union law, the compliance of Union acts with primary law, better law-making and the simplification of Union law, as provided in Annex V to the Rules of Procedure. JURI has furthermore been highly active in this area since the entry into force of the Treaty of Lisbon in 2009 and well before, when the then regulatory procedure with scrutiny was first introduced in 2006.

During the two previous alignment exercises – in 2008-2009 and 2013-2014, respectively – a specific working method was agreed at the level of the Conference of Committee Chairs (CCC). The same arrangements have been agreed in respect of the current exercise. Under such procedure, the opinion-giving committees have themselves decided how to elaborate their opinions internally and what form those opinions would take, and JURI has undertaken to take all the opinions on board in their entirety in its report. As already announced in his wroking document[7], your rapporteur is in favour of the approach in question and stresses the coordinating role the JURI can play in this respect.

In general terms, your rapporteur welcomes the present proposal and shares the Commission’s choice to update many existing cases of RPS to delegated acts. On the other hand, the Commission would still prefer to have implementing acts in some instances. The rapporteur and the sectoral committees consulted object to those cases of alignment with implementing acts where they consider that the Commission proposal lacks a detailed and specific justification. These procedures should be aligned to delegated acts. Indeed, in the context of a post-Lisbon alignment, measures which may be covered by delegated acts correspond in principle to those covered by RPS and should not, therefore, be aligned to implementing acts[8].

The rapporteur wishes to raise important horizontal issues such as the wording of the empowements (which has to be as precise as possible and in line with the recent case law[9]) and the duration of the delegation of powers (which should not exceed 5 years and should be accompanied by a reporting obligation on the Commission). The Commission proposal should be amended accordingly.

Last but not least, your rapporteur would like to recall paragraph 31 of the IIA, which enables the Commission to bundle two or more empowements. However, he stresses that the Commission’s choice to bundle empowements must be as transparent and accountable as possible and that abuses are to be avoied.

• [1]  OJ L 184, 17.7.1999, p. 23.
• [2]  OJ L 200, 22.7.2006, p. 11.
• [3]  OJ L 55, 28.2.2011, p. 13.
• [4]  See procedures 2013/218(COD), 2013/220(COD) and 2013/0365(COD).
• [5]  OJ L 123, 12.5.2016, p. 1.
• [6]  See procedures 2016/0399(COD) and 2016/0400(COD) respectively.
• [7]  PE606.188v01-00.
• [8]  In its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers (2012/2323(INI)), among other things Parliament considers that “at least all cases previously dealt with under RPS should now be aligned to Article 290 TFEU” (para. 6).
• [9]  Judgment of the Court of Justice of 17 March 2016, European Parliament v European Commission, C‑286/14, ECLI:EU:C:2016:183.

POSITION IN THE FORM OF AMENDMENTS of the Committee on Economic and Monetary Affairs (26.9.2017)

for the Committee on Legal Affairs

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))

Rapporteur: Roberto Gualtieri

AMENDMENTS

The Committee on Economic and Monetary Affairs calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1 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 (recital) text with amendment proposed for Article 10(5).
Amendment    2 Proposal for a regulation Annex I – part VII – point 57 – paragraph 4 – point 2 Regulation (EC) No 1165/98 Article 4 – paragraph 2 – point d – subparagraph 2
Text proposed by the Commission Amendment (2)  in Article 4(2), the second subparagraph is replaced by the following: (2)  in point (d) of Article 4(2), the second subparagraph is replaced by the following: 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    3 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    4 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 (RPS), which is now redundant and thus deleted.
Amendment    5 Proposal for a regulation Annex I – part VII – point 57 – paragraph 4 – point 5 Regulation (EC) No 1165/98 Article 18a – 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), Article 4(2)(d), second subparagraph, Article 10(5), 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 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    6 Proposal for a regulation Annex I – part VII – point 57 – paragraph 4 – point 5 Regulation (EC) No 1165/98 Article 18a – 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), Article 4(2)(d), second subparagraph, Article 10(5), 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.
Justification
To ensure legal certainty, it is necessary to list specifically all the provisions granting delegated powers.
Amendment    7 Proposal for a regulation Annex I – part VII – point 57 – paragraph 4 – point 5 Regulation (EC) No 1165/98 Article 18a – paragraph 6
Text proposed by the Commission Amendment 6.  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. 6.  A delegated act adopted pursuant to Article 3(3), Article 4(2)(d), second subparagraph, Article 10(5), 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 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    8 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    9 Proposal for a regulation Annex I – part VII – point 57 – paragraph 4 – point 6 – point iii Regulation (EC) 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    10 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    11 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    12 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.;
Justification
Clarification of empowerment (to supplement) and its scope.
Amendment    13 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;
Justification
Aligning the wording to the standards for legal drafting of Union legislation.
Amendment    14 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.;
Justification
Clarification of empowerment (to supplement).
Amendment    15 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.;
Justification
Clarification of empowerment (to supplement) and its scope.
Amendment    16 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 concerning the amendment of the list of variables to be transmitted in working-day adjusted form;
Amendment    17 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 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.
Justification
Alignment with the amendment proposed for Article 10(3).
Amendment    18 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    19 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    20 Proposal for a regulation Annex I – part VII – point 58 – paragraph 3 – point 4 Council Regulation (EC) No 530/1999 Article 10a – 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 the general Parliament approach.
Amendment    21 Proposal for a regulation Annex I – part VII – point 58 – paragraph 3 – point 4 Regulation (EC) No 530/1999 Article 10a – 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 by 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    22 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).
Amendment    23 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).
Amendment    24 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 concerning amendments of the Annex to redefine the technical specification of the index and revise the weighting structure.;
Justification
Precision of the empowerment.
Amendment    25 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 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 provided for in Article 10.;
Justification
Precision of the empowerment. Article 10 establishes the drawing-up of feasibility studies, but does not define them.
Amendment    26 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    27 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    28 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    29 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    30 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 act. 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. The appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, which is clarified by the proposed amendment. This is also consistent with more recent legislation in the area of statistics.
Amendment    31 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   (4 a)  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    32 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 shall be 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    33 Proposal for a regulation Annex I – part VII – point 61 – paragraph 4 – point 7 Regulation (EC) No 450/2003 Article 11a – 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) and 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.
Amendment    34 Proposal for a regulation Annex I – part VII – point 61 – paragraph 4 – point 7 Regulation (EC) No 450/2003 Article 11a – 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) and 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    35 Proposal for a regulation Annex I – part VII – point 61 – paragraph 4 – point 7 Regulation (EC) No 450/2003 Article 11a – 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 by 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    36 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    37 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    38 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    39 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    40 Proposal for a regulation Annex I – part VII – point 63 – paragraph 3 – point 3 Regulation (EC) No 1161/2005 Article 6 – paragraph 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    41 Proposal for a regulation Annex I – part VII – point 63 – paragraph 3 – point 4 Regulation (EC) No 1161/2005 Article 7a – 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.
Amendment    42 Proposal for a regulation Annex I – part VII – point 63 – paragraph 3 – point 4 Regulation (EC) No 1161/2005 Article 7a – 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 by 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    43 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    44 Proposal for a regulation Annex I – part VII – point 65 – paragraph 2 – point 2 Regulation (EC) No 1893/2006 Article 6a – 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.
Amendment    45 Proposal for a regulation Annex I – part VII – point 65 – paragraph 2 – point 2 Regulation (EC) No 1893/2006 Article 6a – 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 by 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    46 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.
Amendment    47 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    48 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 common quality standards referred to in paragraph 1.;
Justification
Clarification of empowerment (to supplement) and scope, to make it more specific.
Amendment    49 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. The appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, which is clarified by the proposed amendment. This is also consistent with more recent legislation in the area of statistics.
Amendment    50 Proposal for a regulation Annex I – part VII – point 67 – paragraph 4 – point 5 Regulation (EC) No 716/2007 Article 9a – 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.
Amendment    51 Proposal for a regulation Annex I – part VII – point 67 – paragraph 4 – point 5 Regulation (EC) No 716/2007 Article 9a – 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    52 Proposal for a regulation Annex I – part VII – point 67 – paragraph 4 – point 5 Regulation (EC) No 716/2007 Article 9a – 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 by 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    53 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 under Article 290 of the Treaty.
Amendment    54 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 under Article 290 of the Treaty.
Amendment    55 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 frame of the empowerment needs to be clearly defined.
Amendment    56 Proposal for a regulation Annex I – part VII – point 69 – paragraph 3 – point 3 Regulation (EC) No 1445/2007 Article 10a – 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.
Amendment    57 Proposal for a regulation Annex I – part VII – point 69 – paragraph 3 – point 3 Regulation (EC) No 1445/2007 Article 10a – 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    58 Proposal for a regulation Annex I – part VII – point 69 – paragraph 3 – point 3 Regulation (EC) No 1445/2007 Article 10a – 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 by 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    59 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 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.
Justification
Alignment with proposed amendment in Article 6(3).
Amendment    60 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    61 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 under Article 290 of the Treaty.
Amendment    62 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 act. 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. The appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, which is clarified by the proposed amendment. This is also consistent with more recent legislation in the area of statistics.
Amendment    63 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    64 Proposal for a regulation Annex I – part VII – point 70 – paragraph 3 – point 6 Regulation (EC) No 177/2008 Article 15a – 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.
Amendment    65 Proposal for a regulation Annex I – part VII – point 70 – paragraph 3 – point 6 Regulation (EC) No 177/2008 Article 15a – 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 by 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    66 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 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.
Justification
Clarification of empowerment (to supplement) and its scope.
Amendment    67 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    68 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 under Article 290 of the Treaty.
Amendment    69 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). The wording "...that procedure..." referred to the Regulatory Procedure with Scrutiny, hence the wording is aligned to refer to Delegated Acts (DA).
Amendment    70 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    71 Proposal for a regulation Annex I – part VII – point 71 – paragraph 3 – point 6 Regulation (EC) No 295/2008 Article 11b – 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, 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 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.
Amendment    72 Proposal for a regulation Annex I – part VII – point 71 – paragraph 3 – point 6 Regulation (EC) No 295/2008 Article 11b – 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, 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 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 prolongation.
Amendment    73 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    74 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    75 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    76 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    77 Proposal for a regulation Annex I – part VII – point 71 – paragraph 3 – point 9 Regulation (EC) No 295/2008 Annex II – section 6
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    78 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    79 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    80 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    81 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    82 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    83 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    84 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    85 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    86 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    87 Proposal for a regulation Annex I – part VII – point 72 – paragraph 2 – point 2 Regulation (EC) No 451/2008 Article 6a – 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.
Amendment    88 Proposal for a regulation Annex I – part VII – point 72 – paragraph 2 – point 2 Regulation (EC) No 451/2008 Article 6a – 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 by 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    89 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 (hereafter referred to as ‘adopted international accounting standards’).
Justification
Clarification of empowerment (to supplement) and the links to the provisions in the other paragraphs of the legal act.
Amendment    90 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, European Parliament and Council can declare an early non-objection (see proposed amendment to delete Article 5b).
Amendment    91 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    92 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 is deleted; empowerment for adoption of delegated acts is now in Art. 3).
Amendment    93 Proposal for a regulation Annex I – part VIII – point 79 – paragraph 2 – point 2 Regulation (EC) No 1606/2002 Article 5a – 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.
Amendment    94 Proposal for a regulation Annex I – part VIII – point 79 – paragraph 2 – point 2 Regulation (EC) No 1606/2002 Article 5a – paragraph 6
Text proposed by the Commission Amendment 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 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 by 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    95 Proposal for a regulation Annex I – part VIII – point 79 – paragraph 2 – point 2 Regulation (EC) No 1606/2002 Article 5b
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, European Parliament and Council can declare an early non-objection.
Amendment    96 Proposal for a regulation Annex I – part VIII – point 79 – paragraph 2 – point 3 Regulation (EC) No 1606/2002 Article 6
Text proposed by the Commission Amendment (3)  Articles 6 and 7 are deleted. (3)  Article 6 is deleted.
Justification
Article 6 is deleted because there is no longer comitology procedure.
Amendment    97 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 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 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    98 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
Explanation why the empowerment in this Directive is deleted entirely.
Amendment    99 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    100 Proposal for a regulation Annex I – part VIII – point 80 – paragraph 2 – point 2 Directive 2009/110/EC Article 14a
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
There are no longer provisions that empower the COM to adopt Delegated Acts; therefore, this procedural provision should be deleted.
Amendment    101 Proposal for a regulation Annex I – part X – point 101 – paragraph 2 – point 2 Directive 2008/48/EC Article 24a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 19(5) 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 19(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.
Amendment    102 Proposal for a regulation Annex I – part X – point 101 – paragraph 2 – point 2 Directive 2008/48/EC Article 24a – paragraph 6
Text proposed by the Commission Amendment 6.   A delegated act adopted pursuant to Article 19(5) 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 19(5) shall enter into force only if no objection has been expressed either by the European Parliament or by 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 prolongation.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	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 EU
References	COM(2016)0799 – C8-0524/2016 – 2016/0400(COD)
Committee responsible        Date announced in plenary	JURI 13.3.2017
Opinion by        Date announced in plenary	ECON 13.3.2017
Rapporteur        Date appointed	Roberto Gualtieri 24.1.2017
Discussed in committee	30.8.2017
Date adopted	25.9.2017

OPINION of the Committee on the Environment, Public Health and Food Safety (29.9.2017)

for the Committee on Legal Affairs

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))

Rapporteur: Adina-Ioana Vălean

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1 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, 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    2 Proposal for a regulation Annex I – Part I – point 1 – paragraph 2 – point 2 Directive 2009/31/EC Article 29a – 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 Omnibus]. 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.
Amendment    3 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    4 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    5 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 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
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    6 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    7 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    8 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    9 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    10 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    11 Proposal for a regulation Annex I – Part VI – point 53 – paragraph 3 – point 6 Regulation (EC) No 1221/2009 Article 48a
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 Omnibus]. 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 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. 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 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. * OJ L 123, 12.5.2016, p. 1.
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    12 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    13 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    14 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    15 Proposal for a regulation Annex I – Part VII – point 59 – paragraph 5 – point 4 Regulation (EC) No 2150/2002 Article 5a – 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    16 Proposal for a regulation Annex I – Part VII – point 59 – paragraph 5 – point 4 Regulation (EC) No 2150/2002 Article 5b – 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 Omnibus]. 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.
Amendment    17 Proposal for a regulation Annex I – Part VII – point 59 – paragraph 5 – point 5 Regulation (EC) No 2150/2002 Article 6 – paragraph 2 – 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 legislative file as well as with more recent legislation in the area of statistics. The appropriate scope and intention of this paragraph seems to be to define structure and modalities of the report, which 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    18 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 1 – second indent
Text proposed by the Commission	Amendment
-  to amend the Annexes to that Regulation in certain cases;	-  to amend the Annexes to that Regulation;
Justification
Clarifying that the Annexes are always amended by delegated acts (in line with the new wording of Article 131).
Amendment    19 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 1 Regulation (EC) No 1907/2006 Article 13 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 131a laying down test methods. The Commission is empowered to adopt delegated acts in accordance with Article 131a to supplement Regulation (EC) No 1907/2006 by laying down test methods.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    20 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 2 Regulation (EC) No 1907/2006 Article 41 – paragraph 7
Text proposed by the Commission Amendment 7.  The Commission is empowered to adopt delegated acts in accordance with Article 131a, after consulting with the Agency, to vary the percentage of dossiers selected and to amend or include further criteria in paragraph 5. 7.  The Commission is empowered to adopt delegated acts in accordance with Article 131a, after consulting with the Agency, to amend this Regulation by varying the percentage of dossiers selected and by updating or including further criteria in paragraph 5.
Justification
Clarification of empowerment (i.e. to amend).
Amendment    21 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 4 a (new) Regulation (EC) No 1907/2006 Article 73 – paragraph 2
Present text Amendment   (4a)  in Article 73, paragraph 2 is replaced by the following: 2.  A final decision shall be taken in accordance with the procedure referred to in Article 133(4). The Commission shall send the draft amendment to the Member States at least 45 days before voting. “2.  The Commission is empowered to adopt a delegated act, in accordance with Article 131a, to supplement this act with the final decision on amending Annex XVII .”
Justification
Amending paragraph 2 in order to align the measure to delegated acts (there can be no reference to Article 133(4) (RPS) as it will be deleted from the act).
Amendment    22 Proposal for a regulation Annex I – Part IX – point 91 – paragraph 3 – point 6 Regulation (EC) No 1907/2006 Article 131a
Text proposed by the Commission Amendment Article 131a Article 131a Exercise of the Delegation Exercise of the Delegation 1.  The power to adopt delegated acts conferred on the Commission is subject to the conditions laid down in this Article. 1.  The power to adopt delegated acts conferred on the Commission is subject to the conditions laid down in this Article. 2.  The power to adopt delegated acts referred to in Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(9) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(9) 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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) 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 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. 183 5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 183 6.  A delegated act adopted pursuant to Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(9) 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 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) 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 and updating the references in line with previous amendments.
Amendment    23 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In addition, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty to supplement this Regulation by authorising derogations from the prohibition on animal testing, in case a serious concern arises as regards the safety of an existing cosmetics ingredient.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    24 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 3
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of the relevant provisions of Regulation (EC) No 1223/2009 concerning derogations in relation to animal testing, implementing powers should be conferred on the Commission to adopt decisions authorising derogations from the prohibition on animal testing. 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    25 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 4 – point 6 Regulation (EC) No 1223/2009 Article 18 – paragraph 2 – subparagraph 9
Text proposed by the Commission Amendment The measures referred to in the sixth subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 32(2). The Commission is empowered to adopt delegated acts in accordance with Article 31a by supplementing this Regulation in providing authorisation for the derogation referred to in the sixth subparagraph.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    26 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 4 – point 7 Regulation (EC) No 1223/2009 Article 20 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 31a establishing a list of common criteria for claims which may be used in respect of cosmetic products, after consulting the SCCS or other relevant authorities and taking into account the provisions of Directive 2005/29/EC. The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Regulation by establishing a list of common criteria for claims which may be used in respect of cosmetic products, after consulting the SCCS or other relevant authorities and taking into account the provisions of Directive 2005/29/EC.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    27 Proposal for a regulation Annex I – Part IX – point 99 – paragraph 4 – point 9 Regulation (EC) No 1223/2009 Article 31a
Text proposed by the Commission Amendment Article 31a Article 31a 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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 20(2) and Article 31(1), (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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (3) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16(8) and (9), Article 20(2) and Article 31(1), (2) and (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 Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16(8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (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. 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 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. 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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 20(2) and Article 31(1), (2) and (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 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (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. _____________________ _____________________ * OJ L 123, 12.5.2016, p.1.; * OJ L 123, 12.5.2016, p.1.;
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    28 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Directive 2002/46/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Directive in order to adapt those Annexes to technical progress and to supplement that Directive as regards the purity criteria for substances listed in Annex II thereto, and the minimum amounts of vitamins and minerals that are to be present in food supplements. 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 achieve the objectives of Directive 2002/46/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Directive in order to adapt those Annexes to technical progress and to supplement that Directive as regards the purity criteria for substances listed in Annex II thereto, and the minimum and maximum amounts of vitamins and minerals that are to be present in food supplements. 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.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to Delegated Acts.
Amendment    29 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Directive 2002/46/EC, implementing powers should be conferred on the Commission concerning setting maximum amounts of vitamins and minerals. 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    30 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 3 – point 2 Directive 2002/46/EC Article 5 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated acts in accordance with Article 12a setting the minimum amounts of vitamins and minerals referred to in paragraph 3 of this Article. 4.  The Commission is empowered to adopt delegated acts in accordance with Article 12a in order to supplement this Directive by setting:   (a)  the minimum amounts of vitamins and minerals referred to in paragraph 3 of this Article; and The Commission shall set the maximum amounts of vitamins and minerals referred to in paragraphs 1 and 2 of this Article by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13(2). (b)  the maximum amounts of vitamins and minerals referred to in paragraphs 1 and 2 of this Article.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    31 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 3 – point 3 Directive 2002/46/EC Article 12 – paragraph 3
Text proposed by the Commission Amendment (3)  in Article 12, paragraph 3 is deleted; (3)  in Article 12, paragraph 3 is replaced by the following:   “In order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, the Commission is empowered to adopt delegated acts in accordance with Article 12a, to supplement this Directive.   A Member State that has adopted safeguard measures may in that event maintain them in force until those delegated acts have been adopted.”
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts. In the absence of a justification on the reasons for deletion of Article 12(3), it is proposed to maintain the content of that provision previously subjected to the Regulatory Procedure with Scrutiny, and to align it to delegated acts.
Amendment    32 Proposal for a regulation Annex I – Part XII – point 143 – paragraph 3 – point 4 Directive 2002/46/EC Article 12a
Text proposed by the Commission Amendment Article 12a Article 12a 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 4(2) and (5) and Article 5(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 4(2) and (5), Article 5(4), and Article 12(3), shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 4(2) and (5) and Article 5(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 4(2) and (5), and Article 5(4) and Article 12(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.” 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 Inter-Institutional 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 Inter-Institutional 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. 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 4(2) and (5), Article 5(4), and Article 12(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 4(2) and (5), Article 5(4), and Article 12(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. _______________________ _______________________ * OJ L 123, 12.5.2016, p. 1. * OJ L 123, 12.5.2016, p. 1.
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    33 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of point (i) of the second paragraph of Article 29 of Directive 2002/98/EC, implementing powers should be conferred on the Commission in order to establish the procedure for notifying serious adverse reactions and events as well as the notification format. 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    34 Proposal for a regulation Annex I – part XII – point 144 – paragraph 3 – point 1 Directive 2002/98/EC Article 27a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in the first and third paragraphs of Article 29 shall be conferred 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 first and third paragraphs of Article 29 shall be conferred for a period of five years from [date of entry into force of this omnibus]. 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.
Amendment    35 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 3 – point 3 – point a Directive 2002/98/EC Article 29 – paragraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 27a concerning amendments to the technical requirements set out in Annexes I to IV in order to adapt them to technical and scientific progress. The Commission is empowered to adopt delegated acts in accordance with Article 27a to amend the technical requirements set out in Annexes I to IV in order to adapt them to technical and scientific progress.
Justification
Clarification of empowerment (i.e. to amend).
Amendment    36 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 3 – point 3 – point b Directive 2002/98/EC Article 29 – paragraph 2 – point i
Text proposed by the Commission Amendment (b)  in the second paragraph, point (i) is deleted; deleted
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    37 Proposal for a regulation Annex I – Part XII – point 144 – paragraph 3 – point 3 – point d Directive 2002/98/EC Article 29 – paragraph 5
Text proposed by the Commission Amendment (d)  the following fifth paragraph is added: deleted "The Commission shall establish the procedure for notifying serious adverse reactions and events as well as the notification format by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(2).".
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    38 Proposal for a regulation Annex I – Part XII – point 146 – paragraph 2 – point 2 Directive 2003/99/EC Article 5 – paragraph 1
Text proposed by the Commission Amendment 1.  If data collected through routine monitoring in accordance with Article 4 are not sufficient, the Commission is empowered to adopt delegated acts in accordance with Article 11a, laying down coordinated monitoring programmes concerning one or more zoonoses or zoonotic agents. Those delegated acts shall be adopted especially when specific needs are identified and when there is need to assess risks or to establish baseline values related to zoonoses or zoonotic agents at the level of Member States or at Union level. 1.  If data collected through routine monitoring in accordance with Article 4 are not sufficient, the Commission is empowered to adopt delegated acts in accordance with Article 11a to supplement this Directive by laying down coordinated monitoring programmes concerning one or more zoonoses or zoonotic agents. Those delegated acts shall be adopted especially when specific needs are identified and when there is need to assess risks or to establish baseline values related to zoonoses or zoonotic agents at the level of Member States or at Union level.
Justification
Clarification of empowerment (i.e to supplement).
Amendment    39 Proposal for a regulation Annex I – Part XII – point 146 – paragraph 2 – point 3 Directive 2003/99/EC Article 11
Text proposed by the Commission Amendment (3)  in Article 11, the first and second paragraphs are replaced by the following: (3)  Article 11 is replaced by the following:   “Article 11   Amendments to the Annexes and implementing measures The Commission is empowered to adopt delegated acts in accordance with Article 11a to amend Annexes II, III and IV, taking account in particular of the following criteria: The Commission is empowered to adopt delegated acts in accordance with Article 11a to amend Annexes II, III and IV, taking account in particular of the following criteria: (a)  the occurrence of zoonoses, zoonotic agents and antimicrobial resistance in animal and human population, feed, food and the environment, (a)  the occurrence of zoonoses, zoonotic agents and antimicrobial resistance in animal and human population, feed, food and the environment, (b)  the availability of new monitoring and reporting tools, (b)  the availability of new monitoring and reporting tools, (c)  the needs required for the assessment of trends at national, European or global level. (c)  the needs required for the assessment of trends at national, European or global level.   Other implementing measures may be adopted in accordance with the committee procedure referred to in Article 12(2).
Justification
The criteria inserted are new, however they make the empowerment more precise by explaining what could justify amending the Annexes (thus not just giving a “blank” empowerment). Since the Commission proposal has kept the last paragraph of Article 11 without any changes, it makes sense to add a deletion of the “transitional measures” mentioned in that paragraph (as transitional measures are no longer needed).
Amendment    40 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 1829/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annex to that Regulation in order to adapt to technical progress and to supplement that Regulation by establishing appropriate lower thresholds for GMO presence in food and feed, below which the labelling requirements do not apply, subject to certain conditions and by establishing specific rules concerning the information to be given by mass caterers providing food to the final consumer.	In order to achieve the objectives of Regulation (EC) No 1829/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annex to that Regulation in order to adapt to technical progress and to supplement that Regulation by determining which food and feed falls within the scope of different sections of the Regulation, by establishing appropriate lower thresholds for GMO presence in food and feed, below which the labelling requirements do not apply, subject to certain conditions, by establishing measures for operators to satisfy the competent authorities, measures necessary for operators to comply with the labelling requirements and by establishing specific rules concerning the information to be given by mass caterers providing food to the final consumer.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to Delegated Acts.
Amendment    41 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 3
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1829/2003, implementing powers should be conferred on the Commission concerning measures for operators to satisfy the competent authorities, measures necessary for operators to comply with the labelling requirements and rules to facilitate the uniform application of certain provisions. 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 1829/2003, implementing powers should be conferred on the Commission concerning rules to facilitate the uniform application of certain provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to Delegated Acts.
Amendment    42 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 –point 1 Regulation (EC) No 1829/2003 Article 3 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission may decide, by means of implementing acts, whether a type of food falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2). 2.  The Commission is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by determining whether a type of food falls within the scope of this Section.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    43 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 2 Regulation (EC) No 1829/2003 Article 12 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, establishing appropriate lower thresholds, in particular in respect of foods containing or consisting of GMOs, or taking account of advances in science and technology. 4.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of foods containing or consisting of GMOs, or taking account of advances in science and technology.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    44 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 –point 3 Regulation (EC) No 1829/2003 Article 14
Text proposed by the Commission Amendment Article 14 Article 14 Delegated and implementing powers Delegated and implementing powers 1.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, adopting specific rules concerning the information to be given by mass caterers providing food to the final consumer. In order to take account of the specific situation of mass caterers, such rules may provide for adaptation of the requirements set out in Article 13(1)(e). 1.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing:   (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3);   (b)  measures necessary for operators to comply with the labelling requirements set out in Article 13; and   (c)  specific rules concerning the information to be given by mass caterers providing food to the final consumer. In order to take account of the specific situation of mass caterers, such rules may provide for adaptation of the requirements set out in Article 13(1)(e). 2.  The Commission may adopt, by means of implementing acts: 2.  The Commission may adopt detailed rules to facilitate the uniform application of Article 13 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2). (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3);   (b)  measures necessary for operators to comply with the labelling requirements set out in Article 13;   (c)  detailed rules to facilitate the uniform application of Article 13.   Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    45 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 4 Regulation (EC) No 1829/2003 Article 15 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission may decide, by means of implementing acts, whether a type of feed falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2). 2.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by determining whether a type of feed falls within the scope of this Section.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    46 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 5 Regulation (EC) No 1829/2003 Article 24 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, establishing appropriate lower thresholds, in particular in respect of feed containing or consisting of GMOs, or taking account of advances in science and technology. 4.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of feed containing or consisting of GMOs, or taking account of advances in science and technology.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    47 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 – point 6 Regulation (EC) No 1829/2003 Article 26
Text proposed by the Commission Amendment Article 26 Article 26 Implementing powers Delegated and implementing powers The Commission may adopt, by means of implementing acts: 1.  The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing: (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 24(3); (a)  measures necessary for operators to satisfy the competent authorities as referred to in Article 24(3); (b)  measures necessary for operators to comply with the labelling requirements set out in Article 25; (b)  measures necessary for operators to comply with the labelling requirements set out in Article 25. (c)  detailed rules to facilitate the uniform application of Article 25.   Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2). 2.  The Commission may adopt detailed rules to facilitate the uniform application of Article 25 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    48 Proposal for a regulation Annex I – Part XII – point 147 – paragraph 4 –point 8 Regulation (EC) No 1829/2003 Article 34a
Text proposed by the Commission Amendment Article 34a Article 34a 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 12(4), Article 14(1a), Article 24(4) and Article 32, sixth paragraph, 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 12(4), Article 14(1), Article 15 (2), Article 24(4), Article 26 (1) and Article 32, sixth paragraph, shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 delegations of power referred to in Article 12(4), Article 14(1a), Article 24(4) and Article 32, sixth paragraph, 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 delegations of power referred to in Article 3(2), Article 12(4), Article 14(1), Article 15(2), Article 24(4), Article 26(1) and Article 32, sixth paragraph, 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 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. 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 12(4), Article 14(1a), Article 24(4) or Article 32, sixth paragraph, 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(2), Article 12(4), Article 14(1), Article 15(2), Article 24(4), Article 26(1) or Article 32, sixth paragraph, 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. * OJ L 123, 12.5.2016, p.1.
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    49 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 2160/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I, II and III to that Regulation and to supplement that Regulation as regards the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents, specific control methods, specific rules on criteria relating to imports from third countries, the responsibilities and tasks of the Union reference laboratories and certain responsibilities and tasks of the national reference laboratories. 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 achieve the objectives of Regulation (EC) No 2160/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I, II and III to that Regulation and to supplement that Regulation as regards the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents, specific control methods, specific rules on criteria relating to imports from third countries, the responsibilities and tasks of the Union reference laboratories, for approving methods for testing, and as regards certain responsibilities and tasks of the national reference laboratories. 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.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    50 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) 2160/2003, implementing powers should be conferred on the Commission concerning approving methods for testing. 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    51 Proposal for a regulation Annex I – Part XII – point 151 –paragraph 3 – point 1 – point a Regulation (EC) No 2160/2003 Article 4 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents listed in Annex I, column 1, in the animal populations listed in Annex I, column 2, taking account, in particular, of: 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents listed in Annex I, column 1, in the animal populations listed in Annex I, column 2, to supplement this Regulation, taking account, in particular, of:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    52 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 3 Regulation (EC) No 2160/2003 Article 8 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning: 1.  The Commission is empowered to adopt delegated acts, to supplement this Regulation, in accordance with Article 13a concerning:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    53 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 4 Regulation (EC) No 2160/2003 Article 9 – paragraph 4
Text proposed by the Commission Amendment 4.  Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, establishing the rules concerning the setting by Member States of the criteria referred to in Article 5(5) and in paragraph 2of this Article. 4.  Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, by establishing the rules concerning the setting by Member States of the criteria referred to in Article 5(5) and in paragraph 2of this Article.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    54 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 5 Regulation (EC) No 2160/2003 Article 10 – paragraph 5
Text proposed by the Commission Amendment The authorisation may be withdrawn in accordance with the same procedure. and, without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a establishing specific rules concerning such criteria. The authorisation may be withdrawn in accordance with the same procedure. Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, establishing specific rules concerning such criteria.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    55 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 6 – point a Regulation (EC) No 2160/2003 Article 11 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a laying down the responsibilities and tasks of the Union reference laboratories, in particular with regard to coordination of their activities and those of the national reference laboratories. 2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, by laying down the responsibilities and tasks of the Union reference laboratories, in particular with regard to coordination of their activities and those of the national reference laboratories.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    56 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 6 – point b Regulation (EC) No 2160/2003 Article 11 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a laying down certain responsibilities and tasks of the national reference laboratories, in particular with regard to coordination of their activities and those of the relevant laboratories in the Member States designated under Article 12(1)(a). 4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, by laying down certain responsibilities and tasks of the national reference laboratories, in particular with regard to coordination of their activities and those of the relevant laboratories in the Member States designated under Article 12(1)(a).
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    57 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 7 Regulation (EC) No 2160/2003 Article 12 – paragraph 3 –subparagraph 3
Text proposed by the Commission Amendment 3.  The Commission may approve, by means of implementing acts, other methods for testing referred in paragraph 3. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2). The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by approving other methods for testing than those referred in the first and second subparagraph of this paragraph.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    58 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 8 Regulation (EC) No 2160/2003 Article 13
Text proposed by the Commission Amendment Article 13 Article 13   Implementing measures The Commission is empowered to adopt delegated acts in accordance with Article 13a amending elements concerning the relevant health certificates. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, by amending elements concerning the relevant health certificates. Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2). Other implementing measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2).
Justification
Clarification of empowerment (i.e. to supplement). Since the Commission proposal has kept the last paragraph of Article 13 without any changes, it makes sense to add a deletion of the “transitional measures” mentioned in that paragraph (as transitional measures are no longer needed).
Amendment    59 Proposal for a regulation Annex I – Part XII – point 151 – paragraph 3 – point 9 Regulation (EC) No 2160/2003 Article 13a
Text proposed by the Commission Amendment 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 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4) and Article 13 shall be conferred 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), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 shall be conferred for a period of five years from [date of entry into force of this Omnibus]. 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 powers referred to in Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), 11(2) and (4) and Article 13 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 powers referred to in Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 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 adapting 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 adapting 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. 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 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4) and Article 13 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 the Council. 6.  A delegated act adopted pursuant to Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 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 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 and updating the references in line with previous amendments.
Amendment    60 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Directive 2004/23/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Directive with traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality, and to supplement that Directive with certain technical requirements. 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 achieve the objectives of Directive 2004/23/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Directive with traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality, to establish procedures for ensuring traceability and for verifying the equivalent standards of quality and safety of imported tissues and cells, and to supplement that Directive with certain technical requirements. 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.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to Delegated Acts.
Amendment    61 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Directive 2004/23/EC implementing powers should be conferred on the Commission to establish procedures for ensuring traceability and for verifying the equivalent standards of quality and safety of imported tissues and cells. 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    62 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 1 Directive 2004/23/EC Article 8 – paragraph 5
Text proposed by the Commission Amendment 5.  The Commission is empowered to adopt delegated acts in accordance with Article 28a to establish traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality and safety. 5.  The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive, by establishing traceability requirements for tissues and cells, for products and materials coming into contact with those tissues and cells and having an effect on their quality and safety, as well as by establishing the procedures for ensuring traceability at Union level.
Justification
Amendments to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, and to clarify the empowerment (i.e. to supplement).
Amendment    63 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 1 Directive 2004/23/EC Article 8 – paragraph 6
Text proposed by the Commission Amendment 6.  The Commission shall establish the procedures for ensuring traceability at Union level by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 29(2)."; deleted
Justification
Amendments to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, and to clarify the empowerment (i.e. to supplement).
Amendment    64 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 2 Directive 2004/23/EC Article 9 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission shall establish the procedures for verifying the equivalent standards of quality and safety in accordance with paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 29(2). 4.  The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive, by establishing the procedures for verifying the equivalent standards of quality and safety in accordance with paragraph 1.
Justification
Amendments to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    65 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 3 Directive 2004/23/EC Article 28 – paragraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 28a with respect to the technical requirements referred to in points (a) to (i) of the first paragraph. The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive with respect to the technical requirements referred to in points (a) to (i) of the first paragraph.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    66 Proposal for a regulation Annex I – Part XII – point 152 – paragraph 3 – point 4 Directive 2004/23/EC Article 28a
Text proposed by the Commission Amendment Article 28a Article 28a 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 delegation of power referred to in Article 8(5) and in the second paragraph of Article 28 shall be conferred for an indeterminate period of time from the [date of entry into force of this omnibus]. 2.  The delegation of power referred to in Article 8(5), Article 9(4), and in the second paragraph of Article 28 shall be conferred for a period of five years from the [date of entry into force of this omnibus]. 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 8(5) and in the second paragraph of Article 28 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 8(5), Article 9(4), and in the second paragraph of Article 28 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 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. 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 8(5) and in the second paragraph of Article 28 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 the Council. 6.  A delegated act adopted pursuant to Article 8(5), Article 9(4), and in the second paragraph of Article 28 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 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 and updating the references in line with previous amendments.
Amendment    67 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 1 Regulation (EC) No 852/2004 Article 4 – paragraph 4 – introductory part
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a adopting the specific hygiene measures referred to in paragraph 3, in particular concerning: 4.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation by laying down the specific hygiene measures referred to in paragraph 3, in particular concerning:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    68 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 2 Regulation (EC) No 852/2004 Article 6 – paragraph 3 – point c
Text proposed by the Commission Amendment (c)  by a delegated act that the Commission is empowered to adopt in accordance with Article 13a. (c)  by a delegated act that the Commission is empowered to adopt in accordance with Article 13a and that supplements this Regulation.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    69 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 4 Regulation (EC) No 852/2004 Article 13 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a granting derogations from Annexes I and II , taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the following objectives of this Regulation: 2.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this regulation by granting derogations from Annex I and II, in particular to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the objectives of this Regulation. (a)  to facilitate the implementation of Article 5 for small businesses;   (b)  to establishments producing, handling or processing raw material which is intended for the production of highly refined food products which have undergone a treatment ensuring its safety.
Justification
This amendment is more true to the original wording of paragraph 2. Derogations should not affect any of the objectives of the Regulation. The wording proposed by the Commission does not make any sense, since it mixes up the reasons for derogations with the objectives of the Regulation (points (a) and (b) are not the objectives of the Regulation). In addition, point (b) is not present in the current wording of Article 13.
Amendment    70 Proposal for a regulation Annex I – Part XII – point 153 – paragraph 2 – point 6 Regulation (EC) No 852/2004 Article 13a
Text proposed by the Commission Amendment Article 13a Article 13a 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 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) shall be conferred 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(4), Article 6(3)(c) and Article 13(1) and (2) shall be conferred for a period of five years from [date of entry into force of this Omnibus]. 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 powers referred to in Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (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 powers referred to in Article 4(4), Article 6(3)(c) and Article 13(1) and (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. 4.  Before adapting 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 adapting 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. 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 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) 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 the Council. 6.  A delegated act adopted pursuant to Article 4(4), Article 6(3)(c) and Article 13(1) and (2) 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 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 and updating the references in line with previous amendments.
Amendment    71 Proposal for a regulation Annex I – Part XII – point 155 – paragraph 2 – point 2 Regulation (EC) No 854/2004 Article 17 – paragraph 2 – introductory part
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 18a granting derogations from Annexes I,II, III, IV, V and VI them, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the following objectives of this Regulation: 2.  The Commission is empowered to adopt delegated acts to supplement this Regulation, in accordance with Article 18a granting derogations from Annexes I,II, III, IV, V and VI them, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the objectives of this Regulation, in order to:
Justification
The amendment in Article 17(2) clarifies the empowerment (i.e. to supplement).
Amendment    72 Proposal for a regulation Annex I – Part XII – point 155 – paragraph 2 – point 3 – point a Regulation (EC) No 854/2004 Article 18 – introductory part
Text proposed by the Commission Amendment Without prejudice to the general application of Article 16 and Article 17(1), the Commission may lay down the following measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(2):"; Without prejudice to the general application of Article 17(1), the Commission is empowered to adopt delegated acts to supplement this Regulation in accordance with Article 18a to lay down the following measures:
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts. Reference to Article 16 is no longer needed, as that article is deleted according to the Commission proposal.
Amendment    73 Proposal for a regulation Annex I – Part XII – point 155 – paragraph 2 – point 4 Regulation (EC) No 854/2004 Article 18a
Text proposed by the Commission Amendment Article 18a Article 18a 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(1) and (2) shall be conferred 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(1) and (2) and in Article 18 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 powers referred to in Article 17(1) and (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 powers referred to in Article 17(1) and (2) and in Article 18 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 adapting 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 adapting 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. 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 Article 17(1) and (2) 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 the Council. 6.  A delegated act adopted pursuant Article 17(1) and (2) and in Article 18 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 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 and updating the references in line with previous amendments.
Amendment    74 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 1 – indent 5 a (new)
Text proposed by the Commission	Amendment
	-  the adoption of the Union list of permitted health claims other than those referring to the reduction of disease risk and to children's development and health, and their conditions of use, any changes or any additions to that list, and as regards final decisions on applications for authorisations of claims.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    75 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 3
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1924/2006, implementing powers should be conferred on the Commission as regards the adoption of the Union list of permitted health claims other than those referring to the reduction of disease risk and to children's development and health and their conditions of use, any changes or any additions to that list, and as regards final decisions on applications for authorisations of claims. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    76 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 1 – point a Regulation (EC) No 1924/2006 Article 1 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the labelling information for those non-prepackaged foodstuffs. National provisions may apply until the eventual adoption of those delegated acts. In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. The Commission is empowered to adopt delegated acts in accordance with Article 24a, to supplement this Regulation, concerning the labelling information for those non-prepackaged foodstuffs. National provisions may apply until the eventual adoption of those delegated acts.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    77 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 1 – point b Regulation (EC) No 1924/2006 Article 1 – paragraph 4
Text proposed by the Commission Amendment 4.  For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, food business operators concerned may apply for a derogation from paragraph 3. The application shall be sent to the national competent authority of a Member State which will forward it to the Commission without delay. The Commission shall adopt and make public the rules for food business operators according to which such applications shall be made, so as to ensure that the application is dealt with transparently and within a reasonable time. The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning derogations from paragraph 3. 4.  For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, food business operators concerned may apply for a derogation from paragraph 3. The application shall be sent to the national competent authority of a Member State which will forward it to the Commission without delay. The Commission shall adopt and make public the rules for food business operators according to which such applications shall be made, so as to ensure that the application is dealt with transparently and within a reasonable time. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning derogations from paragraph 3.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    78 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 2 – point b Regulation (EC) No 1924/2006 Article 3 – paragraph 2a
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 24a derogating from point (d) of the second subparagraph of this Article in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet; the delegated acts shall include conditions for the application of the derogations, taking into account the special conditions present in Member States. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, by derogating from point (d) of the second paragraph of this Article in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet; the delegated acts shall include conditions for the application of the derogations, taking into account the special conditions present in Member States.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    79 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point i Regulation (EC) No 1924/2006 Article 4 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 24a by 19 January 2009 establishing specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles."; The Commission is empowered to adopt delegated acts in accordance with Article 24a by 19 January 2009, to supplement this Regulation, by establishing specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles.";
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    80 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point ii Regulation (EC) No 1924/2006 Article 4 – paragraph 1 – subparagraph 6
Text proposed by the Commission Amendment "The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning the update of nutrient profiles and their conditions of use to take into account relevant scientific developments. To this purpose, interested parties, in particular food business operators and consumer groups shall be consulted."; "The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning the update of nutrient profiles and their conditions of use to take into account relevant scientific developments. To this purpose, interested parties, in particular food business operators and consumer groups shall be consulted.";
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    81 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 3 – point b Regulation (EC) No 1924/2006 Article 4 – paragraph 5
Text proposed by the Commission Amendment 5.  The Commission is empowered to adopt delegated acts in accordance with Article 24a concerning measures determining the foods or categories of foods other than those referred to in paragraph 3 of this Article for which nutrition or health claims are to be restricted or prohibited in the light of scientific evidence. 5.  The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning measures determining the foods or categories of foods other than those referred to in paragraph 3 of this Article for which nutrition or health claims are to be restricted or prohibited in the light of scientific evidence.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    82 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 5 Regulation (EC) No 1924/2006 Article 13 – paragraph 3
Text proposed by the Commission Amendment 3.  The Commission shall, after consulting the Authority, adopt a Union list of permitted claims as referred to in paragraph 1 and all necessary conditions for the use of those claims by 31 January 2010 at the latest by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2). 3.  After consulting the Authority, the Commission shall adopt, by means of delegated acts in accordance with Article 24a, a Union list of permitted claims as referred to in paragraph 1 and all necessary conditions for the use of those claims by 31 January 2010 at the latest. .
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts (wording suggested by the Legal Service).
Amendment    83 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 5 Regulation (EC) No 1924/2006 Article 13 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission shall, after consulting the Authority, on the Commission's own initiative or following a request by a Member State adopt any changes to the list referred to in paragraph 3, based on generally accepted scientific evidence by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2). 4.  After consulting the Authority, the Commission shall adopt, by means of delegated acts in accordance with Article 24a, on its own initiative or following a request by a Member State, any changes to the list referred to in paragraph 3, based on generally accepted scientific evidence. .
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts (wording suggested by the Legal Service).
Amendment    84 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 6 – point a Regulation (EC) No 1924/2006 Article 17 – paragraph 3 – subparagraph 1
Text proposed by the Commission Amendment The Commission shall adopt a final decision on the application by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2)."; The Commission is empowered to adopt a final decision on the application, to supplement this Regulation, by means of delegated acts in accordance with Article 24a.
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    85 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 6 – point b Regulation (EC) No 1924/2006 Article 17 – paragraph 3 – subparagraph 2 – point b
Text proposed by the Commission Amendment (b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt measures for authorisation of the claim without restriction for use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2). (b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission is empowered to adopt measures for authorisation of the claim without restriction for use, to supplement this Regulation, by means of delegated acts in accordance with Article 24a.
Justification
Amendment to align measures previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    86 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 7 – point a Regulation (EC) No 1924/2006 Article 18 – paragraph 5 – subparagraph 1
Text proposed by the Commission Amendment Where the Authority issues an opinion that does not support the inclusion of the claim in the list referred to in paragraph 4, the Commission shall adopt a decision on the application by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2)."; The Commission shall adopt delegated acts in accordance with Article 24a, to supplement this Regulation, for its decision on the application, where the Authority issues an opinion that does not support the inclusion of the claim in the list referred to in paragraph 4.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    87 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 7 – point b Regulation (EC) No 1924/2006 Article 18 – paragraph 5 – subparagraph 2 – point b
Text proposed by the Commission Amendment (b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt measures for authorisation of the claim without restriction of use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2). (b)  before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt delegated acts in accordance with Article 24a, to supplement this Regulation, for authorisation of the claim without restriction of use.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    88 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 8 Regulation (EC) No 1924/2006 Article 24a
Text proposed by the Commission Amendment "Article 24a "Article 24a 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 1(2) and (4), Article 3, Article 4(1) and (5) 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 Article 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4), Article 18(5), and Article 28 paragraph 6(a) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(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 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4),, Article 18(5), and Article 28 paragraph 6(a) 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 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. 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 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(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 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4),, Article 18(5), and Article 28 paragraph 6(a) 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."; * OJ L 123, 12.5.2016, p. 1.";
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    89 Proposal for a regulation Annex I – Part XII – point 158 – paragraph 4 – point 10 – point b Regulation (EC) No 1924/2006 Article 28 – paragraph 6 – point a – point ii
Text proposed by the Commission Amendment (ii)  after consulting the Authority, the Commission shall, by means of implementing act, adopt a decision concerning the health claims authorised in this way. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2). (ii)  after consulting the Authority, the Commission shall adopt delegated acts, to supplement this Regulation, by laying down the health claims authorised in this way, in accordance with Article 24a.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    90 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 1925/2006, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Regulation to adapt it to technical and scientific progress and to amend Annex III to that Regulation to allow the use of vitamins, minerals and of certain other substances prohibited, restricted or under Union scrutiny and to supplement that Regulation by determining the additional foods or categories of foods to which vitamins and minerals may not be added, by determining the purity criteria for vitamin formulations and mineral substances and by determining the minimum amount by derogation from the significant amount for the presence of a vitamin or mineral in the food. 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 achieve the objectives of Regulation (EC) No 1925/2006, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Regulation to adapt it to technical and scientific progress and to amend Annex III to that Regulation to allow the use of vitamins, minerals and of certain other substances prohibited, restricted or under Union scrutiny , to supplement that Regulation by determining the additional foods or categories of foods to which vitamins and minerals may not be added, by determining the purity criteria for vitamin formulations and mineral substances and by determining the minimum amount by derogation from the significant amount for the presence of a vitamin or mineral in the food, as well as by setting the maximum amounts for the vitamins or minerals added to food and to define the conditions restricting or prohibiting the addition of a specific vitamin or mineral.. 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.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to Delegated Acts.
Amendment    91 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1925/2006, implementing powers should be conferred on the Commission as regards the amounts of the vitamins or minerals added to food and as regards the conditions restricting or prohibiting the addition of a specific vitamin or mineral. 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    92 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 2 Regulation (EC) No 1925/2006 Article 4 – paragraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning measures determining the additional foods or categories of foods to which vitamins and minerals may not be added in the light of scientific evidence and taking into account their nutritional value. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, concerning measures determining the additional foods or categories of foods to which vitamins and minerals may not be added in the light of scientific evidence and taking into account their nutritional value.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    93 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 3 Regulation (EC) No 1925/2006 Article 5 – paragraph 1
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning measures determining the purity criteria for vitamin formulations and mineral substances listed in Annex II, except where purity criteria apply pursuant to paragraph 2 of this Article. 1.  The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation concerning measures determining the purity criteria for vitamin formulations and mineral substances listed in Annex II, except where purity criteria apply pursuant to paragraph 2 of this Article.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    94 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a Regulation (EC) No 1925/2006 Article 6 – paragraph 1
Text proposed by the Commission Amendment 1.  When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts. The Commission shall set those amounts by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2). The Commission may, to this end submit a draft of measures for the maximum amounts by 19 January 2009. For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer’s instructions. 1.  When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts. The Commission shall adopt delegated acts in accordance with Article 13a, to supplement this Regulation, concerning those maximum amounts. The Commission may, to this end submit a draft of measures for the maximum amounts by 19 January 2009. For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer’s instructions.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, and clarification of empowerment (i.e. to supplement).
Amendment    95 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a Regulation (EC) No 1925/2006 Article 6 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission shall define any conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2). 2.  The Commission shall adopt delegated acts in accordance with Article 13a concerning the definition of any conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    96 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 4 – point b Regulation (EC) No 1925/2006 Article 6 – paragraph 6
Text proposed by the Commission Amendment 6.  The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011. The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning measures determining the minimum amounts of vitamin or mineral in the food, including any lower amounts by derogation from the significant amounts, for specific foods or categories of foods. 6.  The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011. The Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, concerning measures determining the minimum amounts of vitamin or mineral in the food, including any lower amounts by derogation from the significant amounts, for specific foods or categories of foods.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    97 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 5 Regulation (EC) No 1925/2006 Article 7 – paragraph 1
Text proposed by the Commission Amendment 1.  The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. The Commission is empowered to adopt delegated acts in accordance with Article 13a derogating from this rule as regards a specific nutrient. 1.  The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, derogating from this rule as regards a specific nutrient.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    98 Proposal for a regulation Annex I – Part XII – point 159 – paragraph 3 – point 7 Regulation (EC) No 1925/2006 Article 13a
Text proposed by the Commission Amendment Article 13a Article 13a 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 referred to in Article 3(3), Article 4, Article 5(1), Article 6(6), Article 7(1) and Article 8(2) and (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 referred to in Article 3(3), Article 4, Article 5(1), Article 6(1), (2) and (6), Article 7(1) and Article 8(2) and (5) shall be conferred on the Commission for an indeterminate period of time of five years from [date of entry into force of this Omnibus]. 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 3(3), Article 4, Article 5(1), Article 6(6), Article 7(1) and Article 8(2) and (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. 3.  The delegation of power referred to in Article 3(3), Article 4, Article 5(1), Article 6(2), Article 6(6), Article 7(1) and Article 8(2) and (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. 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 Inter-Institutional 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 Inter-Institutional 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. 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 3(3), Article 4, Article 5(1), Article 6(6), Article 7(1) and Article 8(2) and (5) 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(3), Article 4, Article 5(1), Article 6(2), Article 6(6), Article 7(1) and Article 8(2) and (5) 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."; * OJ L 123, 12.5.2016, p.1.";
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    99 Proposal for a regulation Annex I – Part XII – point 164 – paragraph 3 – point 5 Directive 2009/128/EC Article 20a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(1) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(1) shall be conferred on the Commission for a period of five years from the [date of entry into force of this Omnibus]. 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.
Amendment    100 Proposal for a regulation Annex I – Part XII – point 164 – paragraph 3 – point 5 a (new) Directive 2009/128/EC Article 21 – paragraph 2
Text proposed by the Commission Amendment   (5a)  in Article 21, paragraph 2 is deleted.
Justification
This amendment deletes the paragraph referring to Regulatory Procedure of Scrutiny in Article 21 (which by an oversight was not deleted in the proposal by the Commission).
Amendment    101 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 470/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplementing that Regulation with scientific methods for establishing reference points for action, rules on actions in case of confirmed presence of a prohibited non-authorised substance, as well as the methodological principles for the risk assessment and risk management recommendations and rules on the use of a maximum residue limit established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or a maximum residue limit established for a pharmacologically active substance in one or more species for other species. 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 achieve the objectives of Regulation (EC) No 470/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplementing that Regulation with scientific methods for establishing reference points for action, reference points for action for residues from pharmacologically active substances, rules on actions in case of confirmed presence of a prohibited non-authorised substance, as well as the methodological principles for the risk assessment and risk management recommendations and rules on the use of a maximum residue limit established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or a maximum residue limit established for a pharmacologically active substance in one or more species for other species. 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.
Justification
In line with amendments to Articles aligning measures previously submitted under Regulatory Procedure with Scrutiny to Delegated Acts.
Amendment    102 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of the relevant provisions of Regulation (EC) No 470/2009, implementing powers should be conferred on the Commission concerning reference points for action for residues from pharmacologically active substances. 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    103 Proposal for a regulation Annex I – part XII – point 165 – paragraph 3 – point 1 Regulation (EC) No 470/2009 Article 13 – paragraph 2 – introductory part
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts, in accordance with Article 24a, concerning the adoption of: 2.  The Commission is empowered to adopt delegated acts, in accordance with Article 24a, to supplement this Regulation, concerning the adoption of:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    104 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 2 Regulation (EC) No 470/2009 Article 18 – paragraph 1
Text proposed by the Commission Amendment When it is deemed necessary in order to ensure the functioning of controls of food of animal origin imported or placed on the market in accordance with Regulation (EC) No 882/2004, the Commission may establish, by means of implementing act, reference points for action for residues from pharmacologically active substances which are not subject to a classification in accordance with Article 14(2)(a), (b) or (c). Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). When it is deemed necessary in order to ensure the functioning of controls of food of animal origin imported or placed on the market in accordance with Regulation (EC) No 882/2004, the Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing reference points for action for residues from pharmacologically active substances which are not subject to a classification in accordance with Article 14(2)(a), (b) or (c). On duly justified imperative grounds of urgency relating to the protection of human health, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 26 (2a)."; Where, in the case of risk to human health, imperative grounds of urgency so require, the procedure provided for in Article 24b shall apply to delegated acts adopted pursuant to this Article.";
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, including with respect to the urgency procedure.
Amendment    105 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 2 Regulation (EC) No 470/2009 Article 18 – paragraph 3
Text proposed by the Commission Amendment On duly justified imperative grounds of urgency relating to the protection of human health, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 26 (2a)."; Where, in the case of risk to human health, imperative grounds of urgency so require, the procedure provided for in Article 24b shall apply to delegated acts adopted pursuant to this Article.";
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts, including with respect to the urgency procedure.
Amendment    106 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 3 Regulation (EC) No 470/2009 Article 19 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment The Commission is empowered to adopt delegated act, in accordance with Article 24a, concerning the methological principles and scientific methods for establishing reference point for action. The Commission is empowered to adopt delegated act, in accordance with Article 24a, to supplement this Regulation, concerning the methodological principles and scientific methods for establishing reference point for action.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    107 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 4 Regulation (EC) No 470/2009 Article 24 – paragraph 4
Text proposed by the Commission Amendment 4.  The Commission is empowered to adopt delegated act, in accordance with Article 24a, concerning the application of this Article. 4.  The Commission is empowered to adopt delegated act, in accordance with Article 24a, to supplement this Regulation concerning the application of this Article.
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    108 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 5 – introductory sentence
Text proposed by the Commission	Amendment
(5)  the following Article 24a is inserted under Title V:	(5)  the following Articles 24a and 24b are inserted under Title V:
Justification
Insertion of a reference to Article 24b (new) in line with the amendments below.
Amendment    109 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 5 Regulation (EC) No 470/2009 Article 24a
Text proposed by the Commission Amendment Article 24a Article 24a 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 13(2), Article 19(3) and Article 24(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 13(2), Article 18, Article 19(3) and Article 24(4) shall be conferred on the Commission for an indeterminate period of time of five years from [date of entry into force of this Omnibus]. 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 13(2), Article 19(3) and Article 24(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 13(2), Article 18, Article 19(3) and Article 24(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. 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 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. 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 13(2), Article 19(3) and Article 24(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 13(2), Article 18, Article 19(3) and Article 24(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. __________________ __________________ * OJ L 123, 12.5.2016, p.1. * OJ L 123, 12.5.2016, p.1.
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.
Amendment    110 Proposal for a regulation Annex I – Part XII – point 165 – paragraph 3 – point 5 Regulation (EC) No 470/2009 Article 24b (new)
Text proposed by the Commission Amendment   Article 24b   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 24a (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
Adding a new article, Article 24b, was necessary in line with the amendment of Article 18 third subparagraph above, where the urgency procedure for implementing acts is aligned to delegated acts.
Amendment    111 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 14 Regulation (EC) No 1069/2009 Article 40 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1.  The Commission is empowered to adopt delegated acts in accordance with Article 51a concerning the conditions for: 1.  The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, concerning the conditions for:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    112 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 14 Regulation (EC) No 1069/2009 Article 40 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment 2.  The Commission shall adopt implementing acts concerning the following: 2.  The Commission shall adopt implementing acts, to amend this Regulation, concerning the following:
Justification
Clarification of empowerment (i.e. to amend).
Amendment    113 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 15 – point a Regulation (EC) No 1069/2009 Article 41 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment The Commission shall adopt implementing acts laying down the conditions referred to in point (b) of the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3)."; The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the conditions referred to in point (b).
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    114 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 15 – point b Regulation (EC) No 1069/2009 Article 41 – paragraph 3 – subparagraph 3
Text proposed by the Commission Amendment The Commission shall adopt implementing acts laying down the requirements provided for in the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3). The Commission is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the requirements provided for in the first subparagraph.
Justification
Amendment to align a measure previously submitted under Regulatory Procedure with Scrutiny to delegated acts.
Amendment    115 Proposal for a regulation Annex I – Part XII – point 167 – paragraph 4 – point 16 – point b Regulation (EC) No 1069/2009 Article 42 – paragraph 2 – introductory part
Text proposed by the Commission Amendment 2.  The Commission is empowered to adopt delegated acts in accordance with Article 51a laying down the following: 2.  The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, by laying down the following:
Justification
Clarification of empowerment (i.e. to supplement).
Amendment    116 Proposal for a regulation Annex I – part XII – point 167 – paragraph 4 – point 20 Regulation (EC) No 1069/2009 Article 51a
Text proposed by the Commission Amendment Article 51a Article 51a 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 delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48, shall be conferred on the Commission for an indeterminate period of [date of entry into force of this Omnibus]. 2.  The delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1) and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), paragraph 4 of Article 45, the first subparagraph of paragraph 7 and paragraph 8 of Article 48, shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of 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 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of 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 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. 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 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of 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 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of 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. __________________ __________________ * OJ L 123, 12.5.2016, p.1."; * OJ L 123, 12.5.2016, p.1.";
Justification
Alignment of the duration of the empowerment and updating the references in line with previous amendments.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	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 EU
References	COM(2016)0799 – C8-0524/2016 – 2016/0400(COD)
Committee responsible        Date announced in plenary	JURI 13.3.2017
Opinion by        Date announced in plenary	ENVI 13.3.2017
Rapporteur        Date appointed	Adina-Ioana Vălean 31.1.2017
Date adopted	28.9.2017
Result of final vote	+: –: 0:	59 0 2
Members present for the final vote	Marco Affronte, Margrete Auken, Pilar Ayuso, Zoltán Balczó, Ivo Belet, Simona Bonafè, Biljana Borzan, Paul Brannen, Nessa Childers, Birgit Collin-Langen, Mireille D’Ornano, Seb Dance, Angélique Delahaye, Arne Gericke, Jens Gieseke, Julie Girling, Françoise Grossetête, Andrzej Grzyb, Jytte Guteland, Anneli Jäätteenmäki, Jean-François Jalkh, Benedek Jávor, Josu Juaristi Abaunz, Karin Kadenbach, Kateřina Konečná, Urszula Krupa, Peter Liese, Norbert Lins, Rupert Matthews, Valentinas Mazuronis, Gilles Pargneaux, Piernicola Pedicini, Bolesław G. Piecha, Pavel Poc, Frédérique Ries, Michèle Rivasi, Annie Schreijer-Pierik, Davor Škrlec, Renate Sommer, Claudiu Ciprian Tănăsescu, Ivica Tolić, Nils Torvalds, Adina-Ioana Vălean, Jadwiga Wiśniewska, Damiano Zoffoli
Substitutes present for the final vote	Jørn Dohrmann, Eleonora Evi, Christofer Fjellner, Elena Gentile, Anja Hazekamp, Merja Kyllönen, Ulrike Müller, Stanislav Polčák, Gabriele Preuß, Elżbieta Katarzyna Łukacijewska
Substitutes under Rule 200(2) present for the final vote	Matt Carthy, Othmar Karas, Olle Ludvigsson, Bernard Monot, Jens Nilsson, Marita Ulvskog

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

59	+
ALDE	Anneli Jäätteenmäki, Valentinas Mazuronis, Ulrike Müller, Frédérique Ries, Nils Torvalds
ECR	Jørn Dohrmann, Arne Gericke, Julie Girling, Urszula Krupa, Rupert Matthews, Bolesław G. Piecha, Jadwiga Wiśniewska
EFDD	Eleonora Evi, Piernicola Pedicini
ENF	Mireille D'Ornano
GUE/NGL	Matt Carthy, Anja Hazekamp, Josu Juaristi Abaunz, Kateřina Konečná, Merja Kyllönen
NI	Zoltán Balczó
PPE	Pilar Ayuso, Ivo Belet, Birgit Collin-Langen, Angélique Delahaye, Christofer Fjellner, Jens Gieseke, Françoise Grossetête, Andrzej Grzyb, Othmar Karas, Peter Liese, Norbert Lins, Elżbieta Katarzyna Łukacijewska, Stanislav Polčák, Annie Schreijer-Pierik, Renate Sommer, Ivica Tolić, Adina-Ioana Vălean
S&D	Simona Bonafè, Biljana Borzan, Paul Brannen, Nessa Childers, Seb Dance, Elena Gentile, Jytte Guteland, Karin Kadenbach, Olle Ludvigsson, Jens Nilsson, Gilles Pargneaux, Pavel Poc, Gabriele Preuß, Claudiu Ciprian Tănăsescu, Marita Ulvskog, Damiano Zoffoli
VERTS/ALE	Marco Affronte, Margrete Auken, Benedek Jávor, Michèle Rivasi, Davor Škrlec

0	-

2	0
ENF	Jean-François Jalkh, Bernard Monot

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

OPINION of the Committee on Transport and Tourism (27.9.2017)

for the Committee on Legal Affairs

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))

Rapporteur: Georg Mayer

SHORT JUSTIFICATION

The Committee on Transport and Tourism welcomes the Commission proposal, as it constitutes a significant step towards a comprehensive alignment of EU legislation to the regime of delegated and implemented acts, as required by the Lisbon Treaty since almost eight years.

This proposal aims at aligning provisions on regulatory procedure with scrutiny (RPS) in 168 legislative acts, including 34 basic acts related to mobility and transport policy.

In many legal areas, such as transport, issues that at first appear to be rather technical may entail political choices carrying important consequences; therefore, the Parliament should make use of the delegation of power to the Commission in order to ensure democratic legitimacy throughout the whole EU law-making process.

The amendments address the following issues:

•  duration of the delegation of powers of five years with automatic renewal following a Commission report to be drawn nine months before the end of the five years period;

•  empowerment to adopt delegated acts supplementing Council Directive 97/70 and Regulation (EC) No 725/2004;

•  empowerment to adopt delegated acts amending Directive 2009/18/EC, Directive 2009/59/EC, Directive 2001/96/EC, Directive 2009/18/EC in order to exclude from their scope any amendment to international instruments if there is manifest risk to lower the standard of maritime safety.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1 Proposal for a regulation Annex I – part VII – point 60 – paragraph 3 – point 2 Regulation (EC) No 437/2003 Article 5 – paragraph 1
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.;
Amendment    2 Proposal for a regulation Annex I – part XI – point 102 – paragraph 2 – point 2 Regulation (EEC) No 3922/91 Article 11a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 11(1) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. 2.  The delegation of power referred to in Article11(1) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    3 Proposal for a regulation Annex I – part XI – point 103 – paragraph 2 – point 2 Directive 95/50/EC Article 9aa – 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 delegation of power 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 Omnibus]. 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.
Amendment    4 Proposal for a regulation Annex I – part XI – point 104 – paragraph 1
Text proposed by the Commission	Amendment
In order to adapt Directive 97/70/EC to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Directive in order to apply subsequent amendments to the Torremolinos Protocol. 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 Directive 97/70/EC to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Directive in order to apply subsequent amendments to the Torremolinos Protocol and to adopt provisions for a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties.
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend this Directive to exclude from its scope any amendment to the Torremolinos Protocol if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or that such amendment would be incompatible with the latter.
	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.
Amendment    5 Proposal for a regulation Annex I – part XI – point 104 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Directive 97/70/EC, implementing powers should be conferred on the Commission to adopt provisions for a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Union. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Amendment    6 Proposal for a regulation Annex I – part XI – point 104 – paragraph 3 – point 1 Directive 97/70/EC Article 8 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission may establish a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Union, by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 9(2). 2.  The Commission is empowered to adopt delegated acts in accordance with Article 8a supplementing Directive 97/70/EC in order to establish a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties.
Amendment    7 Proposal for a regulation Annex I – part XI – point 104 – paragraph 3 – point 1 Directive 97/70/EC Article 8 – paragraph 3
Text proposed by the Commission Amendment 3.  The amendments to the international instrument referred to in Article 2(4) may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council*. 3.  The Commission is empowered to adopt delegated acts in accordance with Article 8a, amending this Directive in order to exclude from its scope any amendment to the international instrument referred to in Article 2(4) if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    8 Proposal for a regulation Annex I – part XI – point 104 – paragraph 3 – point 2 Directive 97/70/EC Article 8a – 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 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 years 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.
Amendment    9 Proposal for a regulation Annex I – part XI – point 104 – paragraph 3 – point 2 Directive 97/70/EC Article 8a – paragraph 3
Text proposed by the Commission Amendment 3.  The delegation of power referred to in Article 8(1) 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 8 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.
Amendment    10 Proposal for a regulation Annex I – part XI – point 104 – paragraph 3 – point 2 Directive 97/70/EC Article 8a – paragraph 6
Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 8(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 8 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.
Amendment    11 Proposal for a regulation Annex I – part XI – point 105 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend this Directive to exclude from its scope any amendment to Marpol 73/78 if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    12 Proposal for a regulation Annex I – part XI – point 105 – paragraph 3 – point 1 Directive 2000/59/EC Article 13a – 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 Omnibus]. 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.
Amendment    13 Proposal for a regulation Annex I – part XI – point 105 – paragraph 3 – point 3 Directive 2009/59/EC Article 15 – paragraph 3
Text proposed by the Commission Amendment The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council*. The Commission is empowered to adopt delegated acts in accordance with Article 13a, amending this Directive in order to exclude from its scope any amendment to the international instrument referred to in Article 2 if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    14 Proposal for a regulation Annex I – part XI – point 106 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend this Directive to exclude from its scope any amendment to the international instruments referred to in Article 3 of this Directive, if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendments would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    15 Proposal for a regulation Annex I – part XI – point 106 – paragraph 3 – point 2 Directive 2001/96/EC Article 15 – footnote
Text proposed by the Commission Amendment * OJ L 123, 12.5.2016, p. 1.; deleted
Justification
Wrong reference
Amendment    16 Proposal for a regulation Annex I – part XI – point 106 – paragraph 3 – point 2 Directive 2001/96/EC Article 15 – paragraph 3
Text proposed by the Commission Amendment The amendments to the international instruments referred to in Article 3 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002. The Commission is empowered to adopt delegated acts in accordance with Article 15a, amending this Directive in order to exclude from its scope any amendment to the international instrument referred to in Article 3 if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    17 Proposal for a regulation Annex I – part XI – point 106 – paragraph 3 – point 3 Directive 2001/96/EC Article 15a – 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 Omnibus]. 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.
Amendment    18 Proposal for a regulation Annex I – part XI – point 107 – paragraph 3 – point 2 Directive 2002/59/EC Article 27a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 27 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 27 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    19 Proposal for a regulation Annex I – part XI – point 108 – paragraph 2 – point 3 Regulation (EC) No 2099/2002 Article 7a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for an indeterminate period of time from [date of the entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    20 Proposal for a regulation Annex I – part XI – point 109 – paragraph 2 – point 2 Directive 2003/25/EC Article 10a – 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 Omnibus]. 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.
Amendment    21 Proposal for a regulation Annex I – part XI – point 110 – paragraph 2 – point 2 Directive 2003/59/EC Article 11a – 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 Omnibus]. 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.
Amendment    22 Proposal for a regulation Annex I – part XI – point 111 – paragraph 3 – point 4 Regulation (EC) No 782/2003 Article 8a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(1) and 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 6(1) and Article 8 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    23 Proposal for a regulation Annex I – part XI – point 112 – paragraph 3 – point 2 Directive 2004/52/EC Article 4a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2), (4) and (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 4(2), (4) and (5) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    24 Proposal for a regulation Annex I – part XI – point 113 – paragraph 2 – point 2 Directive 2004/54/EC Article 16a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 16 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 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    25 Proposal for a regulation Annex I – part XI – point 114 – paragraph 1
Text proposed by the Commission	Amendment
In order to adapt Regulation (EC) No 725/2004 to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Regulation in order to integrate the amendments to certain international instruments. 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 725/2004 to the evolution of international law, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend that Regulation in order to integrate the amendments to certain international instruments and to define harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of that Regulation. 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.
Amendment    26 Proposal for a regulation Annex I – part XI – point 114 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 725/2004 implementing powers should be conferred on the Commission in order to define harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of that Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Amendment    27 Proposal for a regulation Annex I – part XI – point 114 – paragraph 3 – point 1 Regulation (EC) No 725/2004 Article 10 – paragraph 3
Text proposed by the Commission Amendment 3.  The Commission shall establish harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of this Regulation. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2).; 3.  The Commission is empowered to adopt delegated acts in accordance with Article 10a supplementing Regulation (EC) No 725/2004 in order to establish harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of this Regulation.";
Amendment    28 Proposal for a regulation Annex I – part XI – point 114 – paragraph 3 – point 2 Regulation (EC) No 725/2004 Article 10a – 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 the 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 Omnibus]. 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.
Amendment    29 Proposal for a regulation Annex I – part XI – point 115 – paragraph 2 – point 3 Regulation (EC) No 785/2004 Article 8a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(5) and Article 7(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(5) and Article 7(2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    30 Proposal for a regulation Annex I – part XI – point 116 – paragraph 2 – point 3 Regulation (EC) No 789/2004 Article 9a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 9(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(1) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    31 Proposal for a regulation Annex I – part XI – point 117 – paragraph 2 – point 2 Regulation (EC) No 868/2004 Article 14a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(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(3) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    32 Proposal for a regulation Annex I – part XI – point 118 – paragraph 2 – point 2 Directive 2005/44/EC Article 10a – 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 Omnibus]. 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.
Amendment    33 Proposal for a regulation Annex I – part XI – point 119 – paragraph 2 – point 2 Directive 2005/65/EC Article 14a – paragraph 2
Text proposed by the Commission Amendment 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 [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    34 Proposal for a regulation Annex I – part XI – point 120 – paragraph 2 – point 3 Regulation (EC) No 2111/2005 Article 14a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 3(2) and 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 3(2) and Article 8 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    35 Proposal for a regulation Annex I – part XI – point 121 – paragraph 3 – point 4 Directive 2006/126/EC Article 8a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 1(2) and (3), Article 3(2) and 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 1(2) and (3), Article 3(2) and Article 8 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    36 Proposal for a regulation Annex I – part XI – point 122 – paragraph 2 – point 2 Regulation (EC) No 336/2006 Article 11a – 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 [the 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 Omnibus]. 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.
Amendment    37 Proposal for a regulation Annex I – part XI – point 123 – paragraph 3 – point 6 Directive 2007/59/EC Article 31a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(4), Article 22(4), Article 23(3), Article 25(5), Article 31(1) and Article 34 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(4), Article 22(4), Article 23(3), Article 25(5), Article 31(1) and Article 34 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    38 Proposal for a regulation Annex I – part XI – point 124 – paragraph 3 – point 2 Regulation (EC) No 1371/2007 Article 34a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 33 and Article 34 shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 33 and Article 34 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    39 Proposal for a regulation Annex I – part XI – point 125 – paragraph 2 – point 2 Directive 2008/68/EC Article 8a – 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 Omnibus]. 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.
Amendment    40 Proposal for a regulation Annex I – part XI – point 126 – paragraph 3 – point 4 Directive 2008/96/EC Article 12a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7(1a) 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 7(1a) and Article 12 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    41 Proposal for a regulation Annex I – part XI – point 127 – paragraph 3 – point 3 Regulation (EC) No 300/2008 Article 18a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2) and (4) and 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 4(2) and (4) and Article 11(2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    42 Proposal for a regulation Annex I – part XI – point 128 – paragraph 3 – point 1 Directive 2009/15/EC Article 5a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7(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 7(1) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment  43 Proposal for a regulation Annex I – part XI – point 129 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In order to ensure that Union standards are protected, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend this Directive to exclude from its scope any amendment to the IMO Code for the Investigation of Marine Casualties and Incidents, if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    44 Proposal for a regulation Annex I – part XI – point 129 – paragraph 3 – point 2 Directive 2009/18/EC Article 18a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(4) and Article 20 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(4) and Article 20 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    45 Proposal for a regulation Annex I – part XI – point 129 – paragraph 3 – point 4 Directive 2009/18/EC Article 20 – paragraph 3
Text proposed by the Commission Amendment 3.  Amendments to the IMO Code for the Investigation of Marine Casualties and Incidents may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002. 3.  The Commission is empowered to adopt delegated acts in accordance with Article 18a, amending this Directive in order to exclude from its scope any amendment to the IMO Code for the Investigation of Marine Casualties and Incidents if, on the basis of an evaluation by the Commission, there is a manifest risk that such international amendment would lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions, established by Union maritime legislation, or would be incompatible with the latter.
Amendment    46 Proposal for a regulation Annex I – part XI – point 130 – paragraph 2 – point 2 Directive 2009/33/EC Article 8a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in 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 7 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    47 Proposal for a regulation Annex I – part XI – point 131 – paragraph 3 – point 4 Regulation (EC) No 391/2009 Article 14a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 13(1) and Article 14(1) and (2) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 13(1) and Article 14(1) and (2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    48 Proposal for a regulation Annex I – part XI – point 132 – paragraph 3 – point 2 Regulation (EC) No 392/2009 Article 9a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 9(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 9(1) and (2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    49 Proposal for a regulation Annex I – part XI – point 133 – paragraph 3 – point 6 Regulation (EC) No 1071/2009 Article 24a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(2) and Article 8(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 6(2) and Article 8(9) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    50 Proposal for a regulation Annex I – part XI – point 134 – paragraph 3 – point 3 Regulation (EC) No 1072/2009 Article 14a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2) and (4) and Article 5(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 4(2) and (4) and Article 5(4) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    51 Proposal for a regulation Annex I – part XI – point 135 – paragraph 3 – point 6 Regulation (EC) No 1073/2009 Article 25a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(2), Article 5(3) and (5), Article 6(4), Article 7(2), Article 12(5) and Article 28(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 4(2), Article 5(3) and (5), Article 6(4), Article 7(2), Article 12(5) and Article 28(3) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	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 EU
References	COM(2016)0799 – C8-0524/2016 – 2016/0400(COD)
Committee responsible        Date announced in plenary	JURI 13.3.2017
Opinion by        Date announced in plenary	TRAN 13.3.2017
Rapporteur        Date appointed	Georg Mayer 6.3.2017
Discussed in committee	10.7.2017	7.9.2017
Date adopted	25.9.2017
Result of final vote	+: –: 0:	22 0 1
Members present for the final vote	Marie-Christine Arnautu, Georges Bach, Deirdre Clune, Michael Cramer, Andor Deli, Jacqueline Foster, Bruno Gollnisch, Dieter-Lebrecht Koch, Gesine Meissner, Cláudia Monteiro de Aguiar, Markus Pieper, Salvatore Domenico Pogliese, Dominique Riquet, Massimiliano Salini, Claudia Schmidt, Keith Taylor, Pavel Telička, Wim van de Camp
Substitutes present for the final vote	Jakop Dalunde, Mark Demesmaeker, Werner Kuhn, Matthijs van Miltenburg
Substitutes under Rule 200(2) present for the final vote	Clara Eugenia Aguilera García

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

22	+
ALDE ECR ENF NI PPE   S & D   Verts/ALE	Gesine Meissner, Pavel Telička, Matthijs van Miltenburg Jacqueline Foster, Mark Demesmaeker Marie-Christine Arnautu Bruno Gollnisch Georges Bach, Deirdre Clune, Andor Deli, Dieter-Lebrecht Koch, Werner Kuhn, Cláudia Monteiro de Aguiar, Markus Pieper, Salvatore Domenico Pogliese, Massimiliano Salini, Claudia Schmidt, Wim van de Camp Clara Eugenia Aguilera García Michael Cramer, Jakop Dalunde, Keith Taylor

0	-

1	0
ALDE	Dominique Riquet

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

OPINION of the Committee on Agriculture and Rural Development (31.8.2017)

for the Committee on Legal Affairs

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))

Rapporteur: Daniel Buda

SHORT JUSTIFICATION

In the context of the post-Lisbon alignment, the Committee on Agriculture and Rural Development underlines the importance of the alignment of the policy areas covered by the Common Agriculture Policy, which have not been adopted under the co-decision procedure.

The delineation of delegated and implementing acts is a sensitive political question, especially in the area of agriculture, which appears to be a rather technical and may involve important political choices and consequences.

Given the recent experience of blocking the alignment dossiers on essential agricultural and fisheries legislation in the Council, after the failure of the negotiations in trilogues in the first reading, the Parliament should make use of the delegation of power to the Commission in order to tackle the technical and sensitive issues that could have an impact on EU consumers.

As regards the proposed alignment of articles of the Regulation (EC) No 767/2009 and the Regulation (EC) No 1831/2003 the Commission should be granted the power to adopt acts in accordance with Article 290 of the Treaty of functioning of the European Union (TFEU) instead of the power to adopt acts in accordance with Article 291 TFEU, for the following objectives:

•  to decide whether a given product is “feed” which can be seen as supplementing the definition of feed (Article 7(2) Regulation (EC) No 767/2009);

•  to modify the catalogue that establish the maximum content of impurities (Article 26(3) Regulation (EC) No 767/2009);

•  to determine the list of intended uses and to recommend the duration of use (Article 10(5) Regulation (EC) No 767/2009).

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1 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 Commission delegated act impedes the exercise of Parliament's right of scrutiny, as it is forced to simply accept or refuse the entire package, which leaves no room to express an opinion on each empowerment individually.
Amendment    2 Proposal for a regulation Article 1 a (new)
Text proposed by the Commission	Amendment
	Article 1 a
	The Commission shall not bundle multiple empowerments in a single delegated act.
Justification
Bundling and presenting more empowerments not being in a close relationship with each other as one single Commission delegated act impedes the exercise of European Parliament’s right of scrutiny, as it is forced to simply accept or refuse the entire package, which leaves no room to express an opinion on each empowerment individually.
Amendment    3 Proposal for a regulation Annex I – part IX – point 86 – paragraph 2 – point 3 Regulation (EC) No 2003/2003 Article 31a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 29(4) and Article 31(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 29(4) and Article 31(1) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.
Amendment    4 Proposal for a regulation Annex I – part XII – point 141 – paragraph 3 – point 11 Regulation (EC) No 999/2001 Article 23b – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(3), Article 6(1), and (1b), Article 7(3), (4), and (4a), Article 8(1), (2), and (5), Article 9(1), and (3), Article 15(3), Article 16(7), Article 20(2) and Article 23 shall be conferred for an indeterminate period of time from the date of the entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 5(3), Article 6(1), and (1b), Article 7(3), (4), and (4a), Article 8(1), (2), and (5), Article 9(1), and (3), Article 15(3), Article 16(7), Article 20(2) and Article 23 shall be conferred for a period of five years from [date of entry into force of this Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.
Amendment    5 Proposal for a regulation Annex I – part XII – point 142 – paragraph 2 – point 3 Directive 2002/32/EC Article 10a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 7(2) and Article 8(1) and (2) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 7(2) and Article 8(1) and (2) shall be conferred on the Commission for a period of five years from the [date of entry into force of this Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.
Amendment    6 Proposal for a regulation Annex I – part XII – point 147 – paragraph 4 – point 8 Regulation (EC) No 1829/2003 Article 34a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 12(4), Article 14(1a), Article 24(4) and Article 32, sixth paragraph, 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(4), Article 14(1a), Article 24(4) and Article 32, sixth paragraph, shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.
Amendment    7 Proposal for a regulation Annex I – part XII – point 148 – paragraph 2 – point 2 Regulation (EC) No 1830/2003 Article 9a – 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 Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.
Amendment    8 Proposal for a regulation Annex I – part XII – point 149 – paragraph 2 – point 6 Regulation (EC) No 1831/2003 Article 21a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 3(5), Article 6(3), Article 7(5), Article 16(6) and Article 21 shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 3(5), Article 6(3), Article 7(5), Article 16(6) and Article 21 shall be conferred on the Commission for a period of five years from the [date of entry into force of this Omnibus]. 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.
Amendment    9 Proposal for a regulation Annex I – part XII – point 156 – paragraph 2 – point 5 Regulation (EC) No 183/2005 Article 30a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(3), Article 10(3), Article 27 and Article 28 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of the Omnibus]. 2.  The power to adopt delegated acts referred to in Article 5(3), Article 10(3), Article 27 and Article 28 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.
Amendment    10 Proposal for a regulation Annex I – part XII – point 164 – paragraph 2 – point 5 Directive 2009/128/EC Article 20a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(1) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(1) shall be conferred on the Commission for a period of five years from the [date of entry into force of this Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.
Amendment    11 Proposal for a regulation Annex I – part XII – point 166 – paragraph 1
Text proposed by the Commission	Amendment
In order to achieve the objectives of Regulation (EC) No 767/2009, 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 in order to adapt them to technical progress and to supplement that Regulation with a list of categories of feed materials. 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 achieve the objectives of Regulation (EC) No 767/2009, 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 in order to adapt them to technical progress, update the list of intended uses, and set the maximum content of chemical impurities as referred to in point 1 of Annex I, and also to supplement that Regulation with a list of categories of feed materials and by providing clarification as to whether a certain product constitutes feed. 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.
Amendment    12 Proposal for a regulation Annex I – part XII – point 166 – paragraph 2
Text proposed by the Commission	Amendment
In order to ensure uniform conditions for the implementation of Regulation (EC) No 767/2009, implementing powers should be conferred on the Commission in order to clarify whether a certain product constitutes feed, updating the list of intended uses and setting the maximum content of chemical impurities. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.	deleted
Amendment    13 Proposal for a regulation Annex I – part XII – point 166 – paragraph 3 – point 2 Regulation (EC) No 767/2009 Article 7 – paragraph 2
Text proposed by the Commission Amendment 2.  The Commission may adopt implementing acts in order to clarify whether a certain product constitutes feed for the purposes of this Regulation. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(3). 2.  The Commission is empowered to adopt delegated acts in accordance with Article 27a in order to clarify whether a certain product constitutes feed for the purposes of this Regulation.
Amendment    14 Proposal for a regulation Annex I – part XII – point 166 – paragraph 3 – point 3 Regulation (EC) No 767/2009 Article 10 – paragraph 5
Text proposed by the Commission Amendment 5.  Within six months of receipt of a valid application or, where appropriate, after receiving the opinion of the Authority, the Commission shall adopt implementing acts updating the list of intended uses if the conditions laid down in paragraph 2 are met. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(3). 5.  Within six months of receipt of a valid application or, where appropriate, after receiving the opinion of the Authority, the Commission shall adopt delegated acts updating the list of intended uses if the conditions laid down in paragraph 2 are met. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 27a.
Amendment    15 Proposal for a regulation Annex I – part XII – point 166 – paragraph 3 – point 6 Regulation (EC) No 767/2009 Article 26 – paragraph 3
Text proposed by the Commission Amendment 3.  Amendments to the Community Catalogue setting the maximum content of chemical impurities as referred to in point 1 of Annex I or levels of botanical purity as referred to in point 2 of Annex I or levels of moisture content as referred to in point 6 of Annex I or particulars replacing the compulsory declaration as referred to in Article 16(1)(b), shall be adopted by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 28(3). 3.  The Commission is empowered to adopt delegated acts in accordance with Article 27a in order to amend the Community Catalogue setting the maximum content of chemical impurities as referred to in point 1 of Annex I or levels of botanical purity as referred to in point 2 of Annex I or levels of moisture content as referred to in point 6 of Annex I or particulars replacing the compulsory declaration as referred to in Article 16(1)(b).
Amendment    16 Proposal for a regulation Annex I – part XII – point 166 – paragraph 3 – point 8 Regulation (EC) No 767/2009 Article 27a – paragraph 2
Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6(2), Article 17(4), Article 20(2) and Article 27(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(2), Article 17(4), Article 20(2) and Article 27(1) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.
Amendment    17 Proposal for a regulation Annex I – part XII – point 167 – paragraph 4 – point 20 Regulation (EC) No 1069/2009 Article 51a – paragraph 2
Text proposed by the Commission Amendment 2.  The delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48, shall be conferred on the Commission for an indeterminate period of [date of entry into force of this Omnibus]. 2.  The delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48, shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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
The standard 5 years renewable delegation of power (if neither CSL nor EP withdraw it) should apply to all AGRI related files, as in all previous legislation.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	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 EU
References	COM(2016)0799 – C8-0524/2016 – 2016/0400(COD)
Committee responsible        Date announced in plenary	JURI 13.3.2017
Opinion by        Date announced in plenary	AGRI 13.3.2017
Rapporteur        Date appointed	Daniel Buda 15.2.2017
Date adopted	30.8.2017
Result of final vote	+: –: 0:	40 1 1
Members present for the final vote	John Stuart Agnew, Clara Eugenia Aguilera García, Daniel Buda, Matt Carthy, Viorica Dăncilă, Michel Dantin, Jean-Paul Denanot, Albert Deß, Diane Dodds, Jørn Dohrmann, Herbert Dorfmann, Norbert Erdős, Luke Ming Flanagan, Martin Häusling, Esther Herranz García, Jan Huitema, Peter Jahr, Ivan Jakovčić, Jarosław Kalinowski, Zbigniew Kuźmiuk, Philippe Loiseau, Mairead McGuinness, Giulia Moi, Ulrike Müller, James Nicholson, Maria Noichl, Marijana Petir, Laurenţiu Rebega, Bronis Ropė, Maria Lidia Senra Rodríguez, Ricardo Serrão Santos, Czesław Adam Siekierski, Tibor Szanyi, Marc Tarabella, Marco Zullo
Substitutes present for the final vote	Bas Belder, Franc Bogovič, Maria Heubuch, Karin Kadenbach, Gabriel Mato, Momchil Nekov, Massimo Paolucci, Estefanía Torres Martínez, Tom Vandenkendelaere
Substitutes under Rule 200(2) present for the final vote	Christofer Fjellner

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

40	+
PPE	Franc Bogovič, Daniel Buda, Michel Dantin, Albert Deß, Herbert Dorfmann, Norbert Erdős, Esther Herranz García, Peter Jahr, Jarosław Kalinowski, Mairead McGuinness, Marijana Petir, Czesław Adam Siekierski, Tom Vandenkendelaere
S&D	Clara Eugenia Aguilera García, Jean-Paul Denanot, Viorica Dăncilă, Karin Kadenbach, Momchil Nekov, Maria Noichl, Ricardo Serrão Santos, Tibor Szanyi, Marc Tarabella
ECR	Bas Belder, Jørn Dohrmann, Zbigniew Kuźmiuk, James Nicholson
ALDE	Jan Huitema, Ivan Jakovčić, Ulrike Müller
GUE/NGL	Matt Carthy, Luke Ming Flanagan, Maria Lidia Senra Rodríguez, Estefanía Torres Martínez
Verts/ALE	Maria Heubuch, Martin Häusling, Bronis Ropė
EFDD	Giulia Moi, Marco Zullo
ENF	Laurenţiu Rebega
NI	Diane Dodds

1	-
EFDD	John Stuart Agnew

1	0
ENF	Philippe Loiseau

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

ANNEX: LETTER FROM COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS

BM/nt

D(2017)25996

Mr. Pavel Svoboda

Chair of the Committee on Legal Affairs

ASP 06F365

Subject:   Proposal for a Regulation of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny - 2016/0400 (COD) - (COM (2016)799 final)

Dear Chair,

At its meeting of 9 February 2017 the Coordinators of Employment and Social Affairs decided to deliver an opinion in the form of a letter to the JURI committee on the above proposal.

I would like to inform you of the conclusions agreed by the Committee coordinators and on the basis of which a formal opinion in the form of letter has been adopted by the EMPL Committee at its meeting of 21 June 2017.

The above mentioned Commission proposal concerns, inter alia, the adaptation to Article 290 and 291 TFEU of legal instruments which are of the competence of EMPL Committee.

The EMPL Committee agrees with the list of the legislative acts in the annex of the Commission proposal, i.e. Section IV: Employment, Social Affairs and Inclusion containing 21 legal acts and Section VII: Eurostat containing 4 legal acts related to statistics on labour force data.

The EMPL Committee agrees with the analysis by the Commission that, according to the criteria laid down in the TFEU, the articles of the legislative instruments referring to the regulatory procedure with scrutiny (RPS) listed in the annex of the proposal shall be aligned to delegated acts.

On the basis of the Commission proposal and of the basic acts, the EMPL committee considers, however, that the proposal regarding two legislative acts in the field of statistics cannot be accepted in its current form and requires further clarification from the Commission.

In this context, the EMPL Committee has the following detailed remarks:

•  Point 74. Regulation (EC) No 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies.

Article 5 (1) (data transmission)

The Commission should be invited to confirm that this Article concerns exclusively the technical format and the deadlines of transmission of data from the Member States. The source of data should be specified.

Under these conditions, the EMPL Committee could consider accepting an alignment of this point to implementing acts.

•  Point 64. Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises.

Article 9(4) and (5) (quality control and reports) as to the adoption of "structure of the quality reports"

This regulation establishes a common framework for the collection of data and specifies the criteria for the quality reports. This article provides for delegated acts as to the quality requirements for the data to be collected and transmitted and any measures necessary for assessing or improving the quality of the data, while implementing acts are foreseen to determine the structure of the quality reports. The Commission does not specify what the nature of the structure of the quality reports is. If the structure would have an impact on the report and on its outcome, the EMPL Committee considers that this point qualifies for delegated act, as it would involve policy choices that cannot be the object of implementing measures. No previous RPS measures on the structure of quality reports could be found. It is also to be noted that Article 9(2) stipulates that the quality report "shall specify possible breaches of the methodological requirements".

Furthermore, if the EMPL Committee agrees with the Commission on the method of adaptation of the legislative instruments still referring to the RPS to empower the Commission to adopt delegated acts, nevertheless it considers important that the delegated acts regime provide for a specific time indication as regards the delegation of power conferred to the Commission, namely as regards the legal instruments in the field of the EMPL competence.

In this respect, I would like therefore, on behalf of the EMPL Committee, to ask you that the lead committee JURI provides in its report for a period of five years as regards the period of time conferred to the Commission to adopt delegated acts (paragraph 2 of the standard article on “Exercise of delegation of powers”).

The EMPL Committee is also of the opinion that the Commission should establish a report on the exercise of the delegation of power; it proposes therefore the following addition to the standard article on the exercise of delegation of powers:

"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 identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period."

On behalf of the EMPL Committee, I would be grateful if the JURI Committee would take these points into account in its further work on the proposed regulation.

In the perspective of a possible horizontal approach, I would also like to call on the JURI Committee, as the committee responsible, to involve the sectorial committees in the establishment of a common approach on these issues.

Yours sincerely,

Thomas Händel

ANNEX: LETTER FROM COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY

CM,IP/ai

D(2017) 38449

Mr Pavel SVOBODA

Chairman

Committee on Legal Affairs

ASP 10E205

European Parliament

Brussels

Subject:   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 - 2016/0400(COD)

Dear Chairman,

Concerning the proposal for a regulation ‘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’ - 2016/0400(COD), the Committee on the Environment, Public Health and Food Safety (“ENVI Committee”) agreed to state its opinion as follows:

1.  The ENVI Committee opposes the Commission proposal with regard to most of the proposed changes listed in the Annex (COM(2016) 799 final/2) which adapt existing provisions for the use of regulatory procedure with scrutiny (RPS) to the regime of implementing acts in files where the ENVI committee has competence. The provisions in question are predominantly of high political importance and sensitivity, concerning, for instance, effort-sharing to fulfil international greenhouse gas emission reduction commitments, key consumer and public health issues related to cosmetics, plant protection, genetically modified food and feed, or animal by-products, and derived products not intended for human consumption.

2.  The ENVI Committee therefore reiterates its position expressed in its opinion of 30 May 2013 to the JURI Report on follow-up on the delegation of legislative powers and the control by Member States of the Commission’s exercise of implementing powers (2012/2323(INI) in which it stated in particular that "...in the context of any post-Lisbon alignment of a legislative act, those measures previously subject to the regulatory procedure with scrutiny should clearly become delegated acts, and not implementing acts, as delegated acts are foreseen for exactly the same purpose as measures subject to the regulatory procedure with scrutiny (that is, to adopt measures of general scope/application designed to supplement or amend certain non-essential elements of the legislative act), unless exceptionally justified". As was the case in 2013, the Commission does not offer any clear justification regarding the alignment of existing RPS measures to implementing acts.

3.  This was also the position that the ENVI Committee had expressed in its letter to the JURI Committee in 2013 (IPOL-COM.ENVI D (2013) 63931) in relation to the previous Commission proposal for an Adaptation to Article 290 and 291 of the Treaty on the Functioning of the European Union of a number of legal acts providing for the use of the regulatory procedure with scrutiny (2013/0365(COD)).

4.  In light of the above, and as per the Annex attached to this letter, most ENVI-related acts listed under Table 1 of the Commission proposal should therefore be amended, in order to align measures that had previously been submitted as RPS, to delegated acts. However, Decision No 406/2009/EC on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020, should be taken out of the Commission proposal, given that the choice of delegation of power is not uncontroversial in that case, and that the obligations under that Decision will be replaced by a Regulation for the 2021-2030 period which has already been proposed by the Commission .

5.  The ENVI Committee takes the view that the duration of the empowerments as a general rule should be limited in time but with an automatic renewal following a Commission report to be presented before the expiry of the delegation. It therefore opposes to delegations of power to adopt delegated acts for an indeterminate period of time in all ENVI-related files. In the Annex, the ENVI Committee therefore proposes that the duration of empowerments should be limited to five years with an automatic renewal.

6.  The ENVI Committee deplores the omission in the Commission proposal of certain pieces of legislation in the area of pesticides and food. The ENVI Committee welcomes the acknowledgment by the Commission that alignment to delegated acts for the relevant provisions in those pieces of legislation is the correct approach. However the ENVI Committee would have preferred the alignment of those pieces of legislation to have been included in the present proposal. It is not justifiable to delay the alignment of those acts, which still refer to RPS to the procedure for delegated acts simply because the Commission is contemplating the restructuring of these files.

7.  As a final remark, based on recent case law , the ENVI Committee would like to add that the drafting of articles with empowerments should make it clear where the Commission is empowered ‘to amend’ the act in question or ‘to supplement’ it. The ENVI Committee would therefore have preferred to see this clarification in all the articles with empowerments and not only as an explanation of the empowerments in the introductory parts of the proposal. With regard to the drafting technique of the proposal, the ENVI Committee would also like to add that a clear indication and explanation would have been welcome with respect to the amendments in the proposal which deviate from a purely technical alignment of the RPS measures, such as under Part XII.

Yours sincerely,

Adina-Ioana VĂLEAN

Cc.:   Legislative coordination

  CODE Unit

Annex (see AD 1134874)

ANNEX: LETTER FROM COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY

Mr Pavel SVOBODA

Chair

Committee on Legal Affairs

D(2017) 40010

ERP/gt

Brussels,

Subject:  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

Dear Chair,

I am writing to you regarding 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, for which JURI is the leading committee.

Within this proposal the following pieces of legislation fall under the remit of the ITRE committee:

  Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain

  Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS Decision)

  Directive 2009/73/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC29

  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/200530

  Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters

  Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society

  Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93

  Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics

After having assessed the alignment proposed by the Commission, and taking into consideration ITRE’s position regarding the Commission’s proposal in 2013, I am pleased to inform you that the ITRE Committee does not wish to amend the Commission proposal in relation to these pieces of legislation. However, our Committee would support a general amendment limiting the duration of the empowerment given to the Commission for delegated acts if JURI decided to table such an amendment.

Yours sincerely,

Jerzy Buzek

ANNEX: LETTER FROM COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION

AK/ds

D(2017)29765

Mr SVOBODA Pavel

European Parliament

ASP 06F365

Subject:   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 - 2016/0400 (COD), COM(2016)0799

Dear Chair,

Please find below the considerations of the Committee on the Internal Market and Consumer Protection with regard to the acts that it is responsible for.

•  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, contains fourteen acts under IMCO competence, namely:

•  Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers

•  Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain pre-packaged products

•  Directive 80/181/EEC of the Council of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC

•  Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers

•  Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC

•  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market

•  Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control

•  Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community

•  Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys

•  Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC

•  Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC

•  Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore

•  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EC

•  Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade.

In most cases, the proposed adaptation of relevant provisions where the regulatory procedure with scrutiny is replaced by the appropriate provisions on delegated acts is satisfactory and there is therefore no need to table amendments in this regard.

The Committee draws attention to the fact that regarding the Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers, which is included in the Alignment proposal under point 88 of the Annex, the Commission has presented a separate proposal amending that regulation (COM(2016)0157 – C8 0123/2016 – 2016/0084(COD). The Committee is currently drawing up its report on this proposal. If the proposal amending Regulation (EC) No 2003/2003 is adopted before the Alignment proposal, a deletion of point 88 should be considered.

In line with the general position of the Parliament concerning the duration of empowerments, the delegation of power is changed from an indefinite period to a period of five years. The relevant acts under IMCO competence are amended accordingly. The length of the scrutiny period is extended from two to three months, since in view of the complexity of the measures, two months are usually not sufficient.

The Committee suggests to include these amendments in the report of the Committee on Legal Affairs, as outlined in the Annex to this letter.

In view of the above considerations, I would therefore be grateful if the Committee on Legal Affairs could include amendments in its draft report and keep IMCO informed of any further developments.

Yours sincerely,

Anneleen Van Bossuyt

ANNEX: Amendment document: AM1130495 - PE607.989

European Parliament 2014-2019

Committee on the Internal Market and Consumer Protection

2016/0400(COD)

27.9.2017

AMENDMENTS

1 - 24

Draft position in the form of amendments

Anneleen Van Bossuyt

on the 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

Proposal for a regulation

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

AM1130495 - PE607.989

AM_Com_LegOpinion

AMENDMENTS

The Committee on Internal Market and Consumer Protection calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1 Proposal for a regulation Annex I – part IX – point 81 – paragraph 2 – point 4 Directive 75/324/EEC Article 10a – 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 Omnibus]. 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.

Amendment    2 Proposal for a regulation Annex I – part IX – point 81 – paragraph 2 – point 4 Directive 75/324/EEC Article 10a – 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    3 Proposal for a regulation Annex I – part IX – point 82 – paragraph 2 – point 2 Directive 76/211/EEC Article 6a – 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 Omnibus]. 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.

Amendment    4 Proposal for a regulation Annex I – part IX – point 82 – paragraph 2 – point 2 Directive 76/211/EEC Article 6a – 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.

Amendment    5 Proposal for a regulation Annex I – part IX – point 83 – paragraph 2 – point 2 Directive 80/181/EEC Article 6c – paragraph 2

Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 6a 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 6a shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    6 Proposal for a regulation Annex I – part IX – point 83 – paragraph 2 – point 2 Directive 80/181/EEC Article 6c – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 6a 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 6a 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    7 Proposal for a regulation Annex I – part IX – point 89 – paragraph 3 – point 3 Directive 2006/42/EC Article 21a – 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 Omnibus]. 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.

Amendment    8 Proposal for a regulation Annex I – part IX – point 89 – paragraph 3 – point 3 Directive 2006/42/EC Article 21a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 8(1) 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 8(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.

Amendment    9 Proposal for a regulation Annex I – part IX – point 90 – paragraph 2 – point 3 Directive 2006/123/EC Article 39a – paragraph 2

Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 23(4) and Article 36 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 23(4) and Article 36 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    10 Proposal for a regulation Annex I – part IX – point 90 – paragraph 2 – point 3 Directive 2006/123/EC Article 39a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 23(4) and Article 36 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 23(4) and Article 36 shall enter into force only if no objection has been expressed either by the European Parliament or by 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    11 Proposal for a regulation Annex I – part IX – point 92 – paragraph 3 – point 3 Directive 2009/34/EC Article 16a – paragraph 2

Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 16 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 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    12 Proposal for a regulation Annex I – part IX – point 92 – paragraph 3 – point 3 Directive 2009/34/EC Article 16a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 16 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 16 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    13 Proposal for a regulation Annex I – part IX – point 93 – paragraph 2 – point 3 Directive 2009/43/EC Article 13a – paragraph 2

Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 4(3) and Article 13 shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus]. 2.  The power to adopt delegated acts referred to in Article 4(3) and Article 13 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    14 Proposal for a regulation Annex I – part IX – point 93 – paragraph 2 – point 3 Directive 2009/43/EC Article 13a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 4(3) and Article 13 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 4(3) and Article 13 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    15 Proposal for a regulation Annex I – part IX – point 94 – paragraph 3 – point 2 Directive 2009/48/EC Article 46a – paragraph 2

Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 46 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 46 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    16 Proposal for a regulation Annex I – part IX – point 94 – paragraph 3 – point 2 Directive 2009/48/EC Article 46a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 46 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 46 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    17 Proposal for a regulation Annex I – part IX – point 95 – paragraph 2 – point 2 Regulation (EC) No 79/2009 Article 12a – 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 the date of entry into force of this Regulation. 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 Omnibus]. 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.

Amendment    18 Proposal for a regulation Annex I – part IX – point 95 – paragraph 2 – point 2 Regulation (EC) No 79/2009 Article 12a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 12 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 12 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    19 Proposal for a regulation Annex I – part IX – point 96 – paragraph 2 – point 3 Directive 2009/81/EC Article 66a – paragraph 2

Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 68(1) and Article 69(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 68(1) and Article 69(2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    20 Proposal for a regulation Annex I – part IX – point 96 – paragraph 2 – point 3 Directive 2009/81/EC Article 66a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 68(1) and Article 69(2) 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 68(1) and Article 69(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.

Amendment    21 Proposal for a regulation Annex I – part IX – point 98 – paragraph 2 – point 3 Regulation (EC) No 661/2009 Article 14a – paragraph 2

Text proposed by the Commission Amendment 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 date of entry into force of this Regulation. 2.  The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    22 Proposal for a regulation Annex I – part IX – point 98 – paragraph 2 – point 3 Regulation (EC) No 661/2009 Article 14a – paragraph 6

Text proposed by the Commission Amendment 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 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 14 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    23 Proposal for a regulation Annex I – part X – point 101 – paragraph 2 – point 2 Directive 2008/48/EC Article 24a – paragraph 2

Text proposed by the Commission Amendment 2.  The power to adopt delegated acts referred to in Article 19(5) 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 19(5) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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.

Amendment    24 Proposal for a regulation Annex I – part X – point 101 – paragraph 2 – point 2 Directive 2008/48/EC Article 24a – paragraph 6

Text proposed by the Commission Amendment 6.  A delegated act adopted pursuant to Article 19(5) 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 19(5) shall enter into force only if no objection has been expressed either by the European Parliament or by 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.

PROCEDURE – COMMITTEE RESPONSIBLE

Title	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 EU
References	COM(2016)0799 – C8-0524/2016 – 2016/0400(COD)
Date submitted to Parliament	14.12.2016
Committee responsible        Date announced in plenary	JURI 13.3.2017
Committees asked for opinions        Date announced in plenary	DEVE 13.3.2017	INTA 13.3.2017	ECON 13.3.2017	EMPL 13.3.2017
	ENVI 13.3.2017	ITRE 13.3.2017	IMCO 13.3.2017	TRAN 13.3.2017
	REGI 13.3.2017	AGRI 13.3.2017	PECH 13.3.2017	CULT 13.3.2017
	FEMM 13.3.2017
Not delivering opinions        Date of decision	DEVE 13.1.2017	INTA 23.1.2017	EMPL 21.6.2017	ITRE 12.1.2017
	IMCO 25.4.2017	REGI 24.1.2017	PECH 28.2.2017	CULT 23.1.2017
	FEMM 21.3.2017
Rapporteurs        Date appointed	József Szájer 12.1.2017
Discussed in committee	23.3.2017	20.6.2017	21.11.2017
Date adopted	24.1.2018
Result of final vote	+: –: 0:	21 0 2
Members present for the final vote	Max Andersson, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Mady Delvaux, Rosa Estaràs Ferragut, Sajjad Karim, Sylvia-Yvonne Kaufmann, Gilles Lebreton, António Marinho e Pinto, Jiří Maštálka, Emil Radev, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka
Substitutes present for the final vote	Evelyne Gebhardt, Heidi Hautala, Răzvan Popa, Tiemo Wölken, Kosma Złotowski
Substitutes under Rule 200(2) present for the final vote	Marco Zullo
Date tabled	2.2.2018

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

21	+
ALDE ECR GUE/NGL PPE S&D VERTS/ALE	Jean-Marie Cavada, António Marinho e Pinto Sajjad Karim, Kosma Złotowski Kostas Chrysogonos, Jiří Maštálka Rosa Estaràs Ferragut, Emil Radev, Pavel Svoboda, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka Mady Delvaux, Evelyne Gebhardt, Sylvia-Yvonne Kaufmann, Răzvan Popa, Evelyn Regner, Tiemo Wölken Max Andersson, Heidi Hautala

0	-

2	0
ENF	Marie-Christine Boutonnet, Gilles Lebreton

Légende des signes utilisés:

+  :  pour

-  :  contre

0  :  abstention