Explanatory Memorandum to COM(2010)505 - Statistical returns in respect of the carriage of goods by road

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dossier COM(2010)505 - Statistical returns in respect of the carriage of goods by road.
source COM(2010)505 EN
date 24-09-2010
1. On 1 April 1987 the Commission decided i to instruct its staff that all acts should be codified after no more than ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the texts for which they are responsible, to ensure that their provisions are clear and readily understandable.

2. The codification of Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of the carriage of goods by road i was initiated by the Commission. The new Regulation was to have superseded the various acts incorporated in it i; their content was to have been fully preserved and hence it would have done no more than brought them together with only such formal amendments as would have been required by the codification exercise itself.

3. In the meantime, the Lisbon Treaty came into force. Under Article 290 of the Treaty on the Functioning of the European Union, the legislator may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act.

4. Such a delegation of power may be suitable for certain provisions of Regulation (EC) No 1172/98. It is therefore appropriate to transform the codification of Regulation (EC) No 1172/98 into a recast in order to incorporate the necessary amendments.

5. The recast proposal was drawn up on the basis of a preliminary consolidation , in all official languages, of Regulation (EC) No 1172/98 and the instruments amending it, carried out by the Publications Office of the European Union, by means of a data-processing system . Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table set out in Annex IX to the recasted Regulation.

ê 1172/98 (adapted)