Explanatory Memorandum to COM(2013)15 - Amendment of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the EC - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)15 - Amendment of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into ... |
|---|---|
| source | COM(2013)15  |
| date | 24-01-2013 |
The Treaty on the Functioning of the European Union (TFEU) 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 TFEU (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 TFEU (implementing acts).
In the context of the alignment of Regulation (EC) No 2173/2005[1] to the new rules of the TFEU, powers currently conferred to the Commission by that Regulation have been re-classified into measures of delegated nature and measures of implementing nature.
Following this exercise, a draft proposal for amendment of Regulation (EC) No.2173/2005 has been prepared.
Pursuant to Article 290 of the Treaty, the Legislator gives the Commission the task to complete or modify certain non-essential elements of that Regulation.
The Commission may therefore adopt delegated acts to review the exemption of timber products of species listed in Annexes A, B and C to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein[2]. The Commission is further empowered to adopt detailed requirements for application of Article 5. By means of delegated acts the Commission may also amend the list of partner countries and their designated licensing authorities as set out in Annex I; the list of timber products set out in Annex II to which the FLEGT licensing scheme applies irrespective of the partner country as well as the list of timber products set out in Annex III to which the FLEGT licensing scheme applies only in relation of the corresponding partner country.
Contents
There was no need for consultation of interested parties or for impact assessment.
· Summary of the proposed action
Identify the delegated powers of the Commission in Council Regulation (EC) No 2173/2005 and establish the corresponding procedure for adoption of these acts.
· Legal basis
Article 207(2) of the Treaty on the Functioning of the European Union.
· Subsidiarity principle
The proposal falls under exclusive competence of the European Union.
· Proportionality principle
The proposal is amending measures which already exist in Council Regulation (EC) No 2173/2005, therefore no concern on the principle of proportionality arises.
· Choice of instrument
Proposed instrument: Regulation of the European Parliament and of the Council.
Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation.
This measure does not involve any additional Union expenditure.