Delegation of powers and the amended Tobacco Products Directive
18.7.2022
Question for written answer E-002648/2022
to the Commission
Rule 138
Marco Campomenosi (ID), Alessandra Basso (ID), Marco Zanni (ID)
Article 290 of the Treaty on the Functioning of the European Union (TFEU) empowers the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, while leaving its essential elements unchanged and respecting the limits of the power delegated by the act.
Over recent years, the use of delegated and implementing acts has significantly increased, enabling the Commission to adopt measures without consulting Parliament or the Council of the EU, which hold mere scrutiny power.
The Commission proposed a delegated directive amending Directive 2014/40/EU[1], which introduces a new specific definition of heated tobacco products, anticipating a new product category. However, this proposal modifies an essential element of the directive itself and is not in line with the definition currently in force under EU law[2].
- 1.Can the Commission ensure the respect of the Council and Parliament’s decision-making prerogatives, beyond mere scrutiny, when an essential element of a legislative act is amended through its delegated powers?
- 2.Can it address concerns over the legitimacy of introducing a new specific definition by means of a delegated directive, in the light of powers conferred pursuant to Article 290 TFEU and Articles 7, 11 and 27 of the Tobacco Products Directive?