Explanatory Memorandum to COM(2012)150 - Amendment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)150 - Amendment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be ... |
|---|---|
| source | COM(2012)150  |
| date | 30-03-2012 |
· Grounds for and objectives of the proposal
To align the existing Commission implementing powers in Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC to the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) and to confer additional delegated powers on the Commission.
The Treaty makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the European Union. However, if the application of the legislative act requires uniform conditions for its implementation the Commission is authorised to adopt these acts. The alignment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC on new rules of the Treaty is based on a classification on the basis of the new philosophy of the current Commission powers.
In addition, still in the context of that new philosophy, the provisions of the above mentioned Directives have also been scrutinized in order to identify possible supplementary need in term of powers to be conferred to the Commission under the new classification of the Treaty.
At the end of this exercise, a draft proposal for amendment of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC has been prepared.
· General context
Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts:
– Article 290 of the TFUE 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 Treaty as 'delegated acts' (Article 290(3)).
– Article 291 of the TFUE allows Member States to 'adopt all measures of national law necessary to implement legally binding Union acts'. Those acts shall confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as 'implementing acts' (Article 291(4))
· Existing provisions in the area of the proposal
Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE).
Council Decision 1999/468/EC of 28 June 1999, laying down the procedures for the exercise of implementing powers conferred on the Commission, as modified by Council Decision 2006/512/EC, repealed by Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011, laying down the general principle concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.
· Consistency with the other policies and objectives of the Union
Not applicable.
Contents
· Consultation of interested parties
· Collection and use of expertise
There was no need for consultation of interested parties or for external expertise since the proposal is an inter-institutional matter that will concern all Council and/or Council and European Parliament acts.
· Impact assessment
No need of impact assessment since the proposal is an inter-institutional matter that will concern all Council and/or Council and European Parliament acts.
· Summary of the proposed action
Identify the delegated and implementing powers that should be conferred upon the Commission as regards Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC and establish the corresponding procedure for adoption of these acts in the new legal context determined by the entry into force of Articles 290 and 291 of the TFUE.
· Legal basis
Articles 43 and 114 of the Treaty on the Functioning of the European Union.
· Subsidiarity principle
The proposal falls under shared competence between the EU and the Member States and complies with the subsidiarity principle.
· Proportionality principle
The proposal complies with the proportionality principle.
· Choice of instruments
The proposal is part of the alignment exercise and concern only powers of the Commission in the new legal context created by the Lisbon Treaties. Provisions on the Commission's delegated powers have not to be transposed in the Member States' legal orders. Therefore, the form of a Regulation is chosen.