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
9.4.2019 - (COM(2016)0799 – C8‑0148/2019 – 2016/0400B(COD)) - ***I
Committee on Legal Affairs
Rapporteur: József Szájer
- DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
- EXPLANATORY STATEMENT
- OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS
- POSITION IN THE FORM OF AMENDMENTS of the Committee on Economic and Monetary Affairs
- OPINION of the Committee on the Environment, Public Health and Food Safety
- OPINION of the Committee on Transport and Tourism
- OPINION of the Committee on Agriculture and Rural Development
- ANNEX: LETTER FROM COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS
- ANNEX: LETTER FROM COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY
- ANNEX: LETTER FROM COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY
- ANNEX: LETTER FROM COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION
- PROCEDURE – COMMITTEE RESPONSIBLE
- FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union
(COM(2016)0799 – C8‑0148/2019 – 2016/0400B(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 (C8‑0148/2019),
– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
– having regard to Article 294(3) and Article 43(2), Article 53(1), Article 62, Article 91, Article 100(2), Article 114, Article 153(2)(b), Article 168(4) (a), Article 168(4)(b), Article 192(1) and Article 338(1) 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 1 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 the decision by the Conference of Presidents of 7 March 2019 to authorise the Committee on Legal Affairs to split the above-mentioned Commission proposal and to draw up two separate legislative reports on the basis thereof,
– having regard to the report of the Committee on Legal Affairs (A8-0020/2018),
– having regard to Rule 59 and 39 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 (A8-0190/2019),
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
Citation 2
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Text proposed by the Commission |
Amendment |
Having regard to the Treaty on the Functioning of the European Union, and in particular 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) thereof, |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 53(1), Article 62, Article 91, Article 100(2), Article 114, Article 153(2)(b), Article 168(4)(a), Article 168(4)(b), Article 192(1) and Article 338(1) thereof, |
Amendment 2
Proposal for a regulation
Recital 1
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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 3
Proposal for a regulation
Recital 8 a (new)
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Text proposed by the Commission |
Amendment |
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(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 4
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 1
Directive 2009/31/EC
Article 29 – paragraph 1
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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 5
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 2
Directive 2009/31/EC
Article 29a – paragraph 2
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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 6
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 3
Directive 2009/31/EC
Article 30
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Text proposed by the Commission |
Amendment |
(3) Article 30 is deleted. |
(3) Article 30 is replaced by the following: |
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“Article 30 |
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Committee procedure |
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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**. |
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2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.” |
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___________________ |
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* 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). |
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**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 7
Proposal for a regulation
Annex I – Part I – point 2
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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 8
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
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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 2 – point a
Regulation (EC) No 1005/2009
Article 8 – paragraph 3 – subparagraph 2
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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 a
Regulation (EC) No 1005/2009
Article 10 – paragraph 3 – subparagraph 2
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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 11
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
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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 12
Proposal for a regulation
Annex I – Part I – point 3 – paragraph 3 – point 6
Regulation (EC) No 1005/2009
Article 19 – paragraph 1
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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 13
Proposal for a regulation
Annex I – Part I – point 3 – paragraph 3 – point 7
Regulation (EC) No 1005/2009
Article 20 – paragraph 2
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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 14
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
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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 15
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
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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 16
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
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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 17
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
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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 18
Proposal for a regulation
Annex I – Part I – point 3 – paragraph 3 – point 11
Regulation (EC) No 1005/2009
Article 24a – paragraph 2
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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 19
Proposal for a regulation
Annex I – Part I – point 3 – paragraph 3 – point 14
Regulation (EC) No 1005/2009
Article 27 – paragraph 10
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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 20
Proposal for a regulation
Annex I – Part II – point 4 – paragraph 2 – point 1
Directive 2002/58/EC
Article 4 – paragraph 5
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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 21
Proposal for a regulation
Annex I – Part II – point 4 – paragraph 2 – point 3
Directive 2002/58/EC
Article 14b – paragraph 2
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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 22
Proposal for a regulation
Annex I – Part IV – point 8 – paragraph 2 – point 3
Directive 89/391/EEC
Article 17b – paragraph 2
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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 23
Proposal for a regulation
Annex I – Part IV – point 16 – paragraph 2 – point 2
Directive 92/91/EEC
Article 11a – paragraph 2
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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 24
Proposal for a regulation
Annex I – Part IV – point 17 – paragraph 2 – point 2
Directive 92/104/EEC
Article 11a – paragraph 2
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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 25
Proposal for a regulation
Annex I – Part IV – point 18 – paragraph 2 – point 2
Directive 93/103/EC
Article 12a – paragraph 2
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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 26
Proposal for a regulation
Annex I – Part IV – point 21 – paragraph 2 – point 2
Directive 1999/92/EC
Article 10a – paragraph 2
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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 27
Proposal for a regulation
Annex I – Part IV – point 22 – paragraph 2 – point 2
Directive 2000/54/EC
Article 19a – paragraph 2
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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 28
Proposal for a regulation
Annex I – Part IV – point 27 – paragraph 2 – point 2
Directive 2009/104/EC
Article 11a – paragraph 2
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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 29
Proposal for a regulation
Annex I – Part V – point 29 – paragraph 2 – point 1
Directive 2009/73/EC
Article 6 – paragraph 4
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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 30
Proposal for a regulation
Annex I – Part V – point 29 – paragraph 2 – point 2
Directive 2009/73/EC
Article 11 – paragraph 10
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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 31
Proposal for a regulation
Annex I – Part V – point 29 – paragraph 2 – point 3
Directive 2009/73/EC
Article 15 – paragraph 3
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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 32
Proposal for a regulation
Annex I – Part V – point 29 – paragraph 2 – point 4
Directive 2009/73/EC
Article 36 – paragraph 10
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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 33
Proposal for a regulation
Annex I – Part V – point 29 – paragraph 2 – point 5
Directive 2009/73/EC
Article 42 – paragraph 5
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|
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 34
Proposal for a regulation
Annex I – Part V – point 29 – paragraph 2 – point 6
Directive 2009/73/EC
Article 43 – paragraph 9
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|
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 35
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 36
Proposal for a regulation
Annex I – Part V – point 29 – paragraph 2 – point 8
Directive 2009/73/EC
Article 50a – paragraph 2
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|
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 37
Proposal for a regulation
Annex I – Part V – point 30 – paragraph 2 – point 1
Regulation (EC) No 715/2009
Article 3 – paragraph 5
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|
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 38
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
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|
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 39
Proposal for a regulation
Annex I – Part V – point 30 – paragraph 2 – point 4
Regulation (EC) No 715/2009
Article 12 – paragraph 3 – subparagraph 1
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|
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 40
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
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|
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 41
Proposal for a regulation
Annex I – Part V – point 30 – paragraph 2 – point 6
Regulation (EC) No 715/2009
Article 27a – paragraph 2
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|
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 42
Proposal for a regulation
Annex I – Part VI – point 32 – paragraph 2 – point 6
Directive 91/271/EEC
Article 17a – paragraph 2
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|
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 43
Proposal for a regulation
Annex I – Part VI – point 33 – paragraph 2 – point 2
Directive 91/676/EEC
Article 8a – 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 44
Proposal for a regulation
Annex I – Part VI – point 35 – paragraph 2 – point 1
Directive 96/59/EC
Article 10 – paragraph 2 – introductory part
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|
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 45
Proposal for a regulation
Annex I – Part VI – point 35 – paragraph 2 – point 3
Directive 96/59/EC
Article 10b – 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 46
Proposal for a regulation
Annex I – Part VI – point 36 – paragraph 4 – point 2
Directive 98/83/EC
Article 11a – paragraph 2
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|
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 47
Proposal for a regulation
Annex I – Part VI – point 37 – paragraph 3 – point 2
Directive 2000/53/EC
Article 5 – paragraph 5 – subparagraph 2
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|
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 48
Proposal for a regulation
Annex I – Part VI – point 37 – paragraph 3 – point 4
Directive 2000/53/EC
Article 7 – paragraph 2 – subparagraph 3
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|
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 49
Proposal for a regulation
Annex I – Part VI – point 37 – paragraph 3 – point 5
Directive 2000/53/EC
Article 8 – paragraph 2
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|
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 50
Proposal for a regulation
Annex I – Part VI – point 37 – paragraph 3 – point 6
Directive 2000/53/EC
Article 9a – paragraph 2
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|
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 51
Proposal for a regulation
Annex I – Part VI – point 38 – paragraph 3 – point 1
Directive 2000/60/EC
Article 8 – paragraph 3
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|
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 52
Proposal for a regulation
Annex I – Part VI – point 38 – paragraph 3 – point 3
Directive 2000/60/EC
Article 20a – 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 53
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
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|
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 54
Proposal for a regulation
Annex I – Part VI – point 41 – paragraph 2 – point 2
Directive 2004/107/EC
Article 5a – 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 55
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 56
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 57
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 58
Proposal for a regulation
Annex I – Part VI – point 42 – paragraph 3 – point 2
Directive 2006/7/EC
Article 15a – 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 59
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
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|
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 60
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 61
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
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|
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 62
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
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|
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 63
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 64
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 65
Proposal for a regulation
Annex I – Part VI – point 43 – paragraph 3 – point 2
Directive 2006/21/EC
Article 22a – 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 66
Proposal for a regulation
Annex I – Part VI – point 44 – paragraph 2 – point 2
Directive 2006/118/EC
Article 8a – 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 67
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 68
Proposal for a regulation
Annex I – Part VI – point 46 – paragraph 3 – point 3
Directive 2007/2/EC
Article 16 – paragraph 1 – 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 69
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 70
Proposal for a regulation
Annex I – Part VI – point 46 – paragraph 3 – point 5
Directive 2007/2/EC
Article 21a – 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 71
Proposal for a regulation
Annex I – Part VI – point 47 – paragraph 2 – point 2
Directive 2007/60/EC
Article 11a – paragraph 2
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|
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 72
Proposal for a regulation
Annex I – Part VI – point 48 – paragraph 2 – point 2
Directive 2008/50/EC
Article 28a – paragraph 2
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|
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 73
Proposal for a regulation
Annex I – Part VI – point 49 – paragraph 2 – point 1
Directive 2008/56/EC
Article 9 – paragraph 3 – subparagraph 1
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|
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 74
Proposal for a regulation
Annex I – Part VI – point 49 – paragraph 2 – point 2
Directive 2008/56/EC
Article 11 – paragraph 4
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|
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 75
Proposal for a regulation
Annex I – Part VI – point 49 – paragraph 2 – point 4
Directive 2008/56/EC
Article 24a – 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 76
Proposal for a regulation
Annex I – Part VI – point 52 – paragraph 2 – point 2
Directive 2009/147/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 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 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 78
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 2
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|
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 79
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
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|
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 80
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 2
Regulation (EC) No 1221/2009
Article 17 – paragraph 3
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|
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 81
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
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|
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 82
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 83
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 6
Regulation (EC) No 1221/2009
Article 48a
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|
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 84
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
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|
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 85
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
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|
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 86
Proposal for a regulation
Annex I – Part VI – point 54 – paragraph 4 – point 4
Regulation (EC) No 66/2010
Article 15a – 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 87
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 88
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 89
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 90
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 91
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 92
Proposal for a regulation
Annex I – Part VII – point 55 – paragraph 3 – point 6
Regulation (EEC) No 3924/91
Article 9a – 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 93
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 94
Proposal for a regulation
Annex I – Part VII – point 56 – paragraph 2 – point 2
Regulation (EEC) No 696/93
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 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 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 96
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 97
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 98
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 99
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 100
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), 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 101
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), 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 102
Proposal for a regulation
Annex I – Part VII – point 57 – paragraph 4 – point 5
Regulation (EC) No 1165/98
Article 18a – paragraph 6
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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), 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 103
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
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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 104
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
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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 105
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
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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 106
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
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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 107
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
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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 108
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
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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 109
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
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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 110
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
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|
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 reference in the header relating to the annex (“Annex I – Part VII – point 57 – paragraph 4 – point 8 – point i“) corresponds to “Annex I – Part VII – point 57 – paragraph 4 – point 9 – point i“of the Commission’s proposal. This discrepancy is caused by the incorrect numbering (Annex I, Part VII, point 57, paragraph 4, point 8 is missing) in the Commission’s proposal.)
Justification
Clarification of empowerment (to supplement) and its scope.
Amendment 111
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
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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 reference in the header relating to the annex (“Annex I – Part VII – point 57 – paragraph 4 – point 8 – point iii“) corresponds to “Annex I – Part VII – point 57 – paragraph 4 – point 9 – point iii“of the Commission’s proposal. This discrepancy is caused by the incorrect numbering (Annex I, Part VII, point 57, paragraph 4, point 8 is missing) in the Commission’s proposal.)
Justification
Aligning the wording to the standards for legal drafting of Union legislation.
Amendment 112
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
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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 reference in the header relating to the annex (“Annex I – Part VII – point 57 – paragraph 4 – point 8 – point iv“) corresponds to “Annex I – Part VII – point 57 – paragraph 4 – point 9 – point iv“of the Commission’s proposal. This discrepancy is caused by the incorrect numbering (Annex I, Part VII, point 57, paragraph 4, point 8 is missing) in the Commission’s proposal.)
Justification
Clarification of empowerment (i.e. to amend).
Amendment 113
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
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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 reference in the header relating to the annex (“Annex I – Part VII – point 57 – paragraph 4 – point 8 – point v“) corresponds to “Annex I – Part VII – point 57 – paragraph 4 – point 9 – point v“of the Commission’s proposal. This discrepancy is caused by the incorrect numbering (Annex I, Part VII, point 57, paragraph 4, point 8 is missing) in the Commission’s proposal.)
Justification
Clarification of empowerment (to supplement).
Amendment 114
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
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|
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 reference in the header relating to the annex (“Annex I – Part VII – point 57 – paragraph 4 – point 9 – point i“) corresponds to “Annex I – Part VII – point 57 – paragraph 4 – point 10 – point i“of the Commission’s proposal. This discrepancy is caused by the incorrect numbering (Annex I, Part VII, point 57, paragraph 4, point 8 is missing) in the Commission’s proposal.)
Justification
Clarification of empowerment (to supplement) and its scope.
Amendment 115
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
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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 reference in the header relating to the annex (“Annex I – Part VII – point 57 – paragraph 4 – point 9 – point iv“) corresponds to “Annex I – Part VII – point 57 – paragraph 4 – point 10 – point iv“of the Commission’s proposal. This discrepancy is caused by the incorrect numbering (Annex I, Part VII, point 57, paragraph 4, point 8 is missing) in the Commission’s proposal.)
Amendment 116
Proposal for a regulation
Annex I – Part VII – point 58 – paragraph 1
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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 117
Proposal for a regulation
Annex I – Part VII – point 58 – paragraph 3 – point 1
Regulation (EC) No 530/1999
Article 6 – paragraph 3
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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 118
Proposal for a regulation
Annex I – Part VII – point 58 – paragraph 3 – point 3
Regulation (EC) No 530/1999
Article 10 – paragraph 3
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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 119
Proposal for a regulation
Annex I – Part VII – point 58 – paragraph 3 – point 4
Regulation (EC) No 530/1999
Article 10a – paragraph 2
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|
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 120
Proposal for a regulation
Annex I – Part VII – point 58 – paragraph 3 – point 4
Regulation (EC) No 530/1999
Article 10a – paragraph 6
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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 121
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 4
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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 122
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 1
Regulation (EC) No 2150/2002
Article 1 – paragraph 5
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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 123
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
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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 124
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 4
Regulation (EC) No 2150/2002
Article 5a – paragraph 1
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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 125
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 4
Regulation (EC) No 2150/2002
Article 5b – paragraph 2
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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 126
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
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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 127
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 128
Proposal for a regulation
Annex I – Part VII – point 60 – paragraph 3 – point 5
Regulation (EC) No 437/2003
Article 10a – paragraph 2
|
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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 129
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 1 – indent 3 a (new)
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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 130
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 3
|
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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 131
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 1
Regulation (EC) No 450/2003
Article 2 – paragraph 4
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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 132
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 2
Regulation (EC) No 450/2003
Article 3 – paragraph 2
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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 133
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
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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 134
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
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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 135
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 3
Regulation (EC) No 450/2003
Article 4 – paragraph 3
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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 136
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 4
Regulation (EC) No 450/2003
Article 8 – paragraph 1
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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 137
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 4
Regulation (EC) No 450/2003
Article 8 – paragraph 2
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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 138
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 4 a (new)
Regulation (EC) No 450/2003
Article 9
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Text proposed by the Commission |
Amendment |
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(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 139
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
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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 140
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 7
Regulation (EC) No 450/2003
Article 11a – paragraph 2
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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 141
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 7
Regulation (EC) No 450/2003
Article 11a – paragraph 3
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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 142
Proposal for a regulation
Annex I – Part VII – point 61 – paragraph 4 – point 7
Regulation (EC) No 450/2003
Article 11a – paragraph 6
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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 143
Proposal for a regulation
Annex I – Part VI – point 62 – paragraph 3 – point 2
Regulation (EC) No 808/2004
Article 8a – paragraph 2
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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 144
Proposal for a regulation
Annex I – Part VII – point 63 – paragraph 1 – indent 2
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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 145
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
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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 146
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
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Text proposed by the Commission |
Amendment |
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(ba) paragraph 5 is deleted; |
Justification
Paragraph 5 refers to transmission data in 2004 and is thus obsolete; it should be deleted.
Amendment 147
Proposal for a regulation
Annex I – Part VII – point 63 – paragraph 3 – point 2
Regulation (EC) No 1161/2005
Article 3 – paragraph 3
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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 148
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
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Text proposed by the Commission |
Amendment |
“The Commission is empowered to adopt delegated acts in accordance with Article 7a concerning the adoption of common quality standards.” |
“The Commission is empowered to adopt delegated acts in accordance with Article 7a to supplement this Regulation by establishing common quality standars.” |
Justification
Clarification of empowerment (to supplement).
Amendment 149
Proposal for a regulation
Annex I – Part VII – point 63 – paragraph 3 – point 4
Regulation (EC) No 1161/2005
Article 7a – paragraph 2
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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 150
Proposal for a regulation
Annex I – Part VII – point 63 – paragraph 3 – point 4
Regulation (EC) No 1161/2005
Article 7a – paragraph 6
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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 151
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
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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 152
Proposal for a regulation
Annex I – Part VII – point 64 – paragraph 4 – point 2
Regulation (EC) No 1552/2005
Article 7 – paragraph 3
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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 153
Proposal for a regulation
Annex I – Part VII – point 64 – paragraph 4 – point 3
Regulation (EC) No 1552/2005
Article 8 – paragraph 2
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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 154
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
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