Legal provisions of COM(2017)136 - Amendment of Directive 2010/40/EU as regards the period for adopting delegated acts

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dossier COM(2017)136 - Amendment of Directive 2010/40/EU as regards the period for adopting delegated acts.
document COM(2017)136 EN
date December 12, 2017

Contents

Article 1

Directive 2010/40/EU is amended as follows:

(1)Article 12 is replaced by the following:

‘Article 12

Exercise of the delegation

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

2. The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years from 27 August 2017. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of 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 7 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 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.

6. A delegated act adopted pursuant to Article 7 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.’;

(2)Articles 13 and 14 are deleted;

(3)in Article 17, paragraph 5 is replaced by the following:

‘5.   In accordance with the advisory procedure referred to in Article 15(2), the Commission shall adopt a working program by 27 February 2011. The working programme shall include objectives and dates for its implementation every year and if necessary shall propose the necessary adaptations.

The Commission shall update the working programme related to the actions under Article 6(3) by 10 January 2019 and before each subsequent five-year extension of the power to adopt delegated acts in accordance with Article 12(2).’.

Article 2

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.