Explanatory Memorandum to COM(2011)566 - Accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers

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dossier COM(2011)566 - Accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers.
source COM(2011)566 EN
date 23-09-2011
1. On 1 April 1987 the Commission decided 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 Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 has been initiated by the Commission. The new Regulation was to have superseded the various acts incorporated in it.

3. In the meantime the Lisbon Treaty entered into force. Article 290 of the Treaty on the Functioning of the European Union allows the legislator to 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. Legal acts adopted by the Commission in this way are referred to in the terminology used by the new Treaty as 'delegated acts' (Article 290(3)).

4. Regulation (EC) No 417/2002 contains a provision with regard to which such a delegation of power would be opportune. It is therefore appropriate to transform the codification of Regulation (EC) No 417/2002 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 417/2002 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 II to the recast Regulation.

ê 417/2002 (adapted)