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Delegated act

Annex 3Draft amendment of Directive 2006/87/EC – planned acts for comitology -The existing draft directive contains both of the possible procedures for amending the annexes of the directive. A comparison of the principal differences between these procedures is to be found below. The full legal texts are cited at the end of the presentation.

Delegated act

Implementing act

Quasi-legislative power for the COM, governs the "what" (content)

Delegation of power to the COM to supplement or amend certain non-essential regulations of a non-legal nature

The objectives, content, scope and duration of the delegation of power must be defined in the basic text

Conditions attached to the delegation of power must be defined in the basic text -

Act comes into force if either:

Council or Parliament do not revoke or

Council or Parliament do not object to the act within a defined period

Specifies the "how" of the legal implementation

MW implement act according to national provisions

Council or COM receive implementation powers where it is necessary to create harmonised conditions to implement the act

In this instance Parliament and Council specify rules and principles to control the powers delegated to the COM


Draft amendment of directive 2006 87 ec planned acts for comitology

Draft amendment of Directive 2006/87/EC – planned acts for comitology

The draft of the basic text contains delegated acts in Articles 3, 4, 8, 10, 22, 23 and 24

and implementing acts in Articles 5, 9 and 18.

Delegated acts are intended for

-

amending model certificates

amending the model for provisional certificates

amending the Administrative Instructions to the inspection commissions

updating of references to Annex II (the RVIR)

adoption of orders of a provisional nature

of the certificate register

of Annexes I – IV and VII

(Annex II = RVIR).

Implementingactsareintendedfor:

-

approving additional technicalregulations (zone 1 and 2)

recognising a classificationsocietyorwithdrawingrecognition

adoptingrecommendations at therequestof a MS

These actsshouldbeaccepted in accordancewiththeadvisoryprocedure, i.e. COM shouldtake "theutmost" accountoftheconclusionsdrawnfromthediscussionswithinthecommittee.

In thecaseoftheexaminationprocedureCOM alwayspassestheact in accordancewiththeconclusionsdrawnfromthediscussionswithinthecommittee. The MS votesareweighted in thecommitteevote.


Treaty on the functioning of the european union

Treaty on the Functioning of the European Union

Delegated act

Article 290

(1) A legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act.

The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the legislative acts. The essential elements of an area shall be reserved for the legislative act and accordingly shall not be the subject of a delegation of power.

(2) Legislative acts shall explicitly lay down the conditions to which the delegation is subject; these conditions may be as follows:

a) the European Parliament or the Council may decide to revoke the delegation.

b) the delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council

within a period set by the legislative act.

For the purposes of (a) and (b), the European Parliament shall act by a majority of its component members, and the Council by a qualified majority.

(3) The adjective ‘delegated’ shall be inserted in the title of delegated acts.

30.3.2010 Official Journal of the European Union C 83/13


Treaty on the functioning of the european union1

Treaty on the Functioning of the European Union

Implementing act

Article 291

(1) Member States shall adopt all measures of national law necessary to implement legally binding Union acts.

(2) Where uniform conditions for implementing legally binding Union acts are needed, those acts shall confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the Council.

(3) For the purposes of paragraph 2, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall lay down in advance the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.

(4) The word "implementing" shall be inserted in the title of delegated acts.

30.3.2010 Official Journal of the European Union C 83/13


Delegated act

REGULATION (EU) No. 182/2011 OF THE EUROPEAN PARLIAMENT AND COUNCIL OF 16 February 2011laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

Article 4

Advisory procedure

(1) Where the advisory procedure applies, the committee shall deliver its opinionif necessary by taking a vote. If the committee takes a vote, the opinion shall be delivered by a simple majority of its component members.

(2) The Commission shall decide on the draft implementing act to be adopted, taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered. .

Article 5

Examination procedure

(1) Where the examination procedure applies, the committee shall deliver its opinion by the majority laid down in Article 16(4) and (5) of the Treaty on European Union and, where applicable, Article 238(3) TFEU, for acts to be adopted on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in those Articles.

(2) Where the committee delivers a positive opinion, the Commission shall adopt the draft implementing act..

Without prejudice to Article 7, if the committee delivers a negative opinion, the Commission shall not adopt the draft implementing act. Where an implementing act is deemed to be necessary, the chair may either submit an amended version of the draft implementing act to the same committee within 2 months of delivery of the negative opinion, or submit the draft implementing act within 1 month of such delivery to the appeal committee for further deliberation.

28.2.2011 Official Journal of the European Union L 55/13


Delegated act

REGULATION (EU) No. 182/2011 OF THE EUROPEAN PARLIAMENT AND COUNCIL OF 16 February 2011Article 5 Examination procedure

(4) Where no opinion is delivered, the Commission may adopt the draft implementing act, except in the cases provided for in the second subparagraph Where the Commission does not adopt the draft implementing act, the chair may submit to the committee an amended version thereof.

Without prejudice to Article 7, the Commission shall not adopt the draft implementing act where:

a) that act concerns taxation, financial services, the protection of the health or safety of humans, animals or plants, or definitive multilateral safeguard measures;

b) the basic act provides that the draft implementing act may not be adopted where no opinion is delivered; or

c) a simple majority of the component members of the committee opposes it.

In any of the cases referred to in the second subparagraph, where an implementing act is deemed to be necessary, the chair may either submit an amended version of that act to the same committee within 2 months of the vote, or submit the draft implementing act within 1 month of the vote to the appeal committee for further deliberation.

(5) By way of derogation from paragraph 4, the following procedure shall apply for the adoption of draft definitive anti-dumping or countervailing measures, where no opinion is delivered by the committee and a simple majority of its component members opposes the draft implementing act.

The Commission shall conduct consultations with the Member States. 14 days at the earliest and 1 month at the latest after the committee meeting, the Commission shall inform the committee members of the results of those consultations and submit a draft implementing act to the appeal committee. By way of derogation from Article 3(7), the appeal committee shall meet 14 days at the earliest and 1 month at the latest after the submission of the draft implementing act. The appeal committee shall deliver its opinion in accordance with Article 6. The time limits laid down in this paragraph shall be without prejudice to the need to respect the deadlines laid down in the relevant basic acts.

28.2.2011 Official Journal of the European Union L 55/13


Treaty on the european union on the implementing act examination procedure

Treaty on the European Union(on the implementing act– examination procedure)

Article 16

As from 1 November 2014, a qualified majority shall be defined as at least 55 %

of the members of the Council, comprising at least fifteen of them and representing

Member States comprising at least 65 % of the population of the Union.

Member States comprising at least 65 % of the population of the Union.

qualified majority shall be deemed attained.

The other arrangements governing the qualified majority are laid down in Article 238(2)

of the Treaty on the Functioning of the European Union.

The transitional provisions relating to the definition of the qualified majority which shall be applicable until

31 October 2014 and those which shall be applicable from 1 November 2014

to 31 March 2017 are laid down in the Protocol on transitional provisions.

Article 238 paragraph 2 of the Treaty on the Functioning of the European Union:

(2) By way of derogation from Article 16(4) of the Treaty on European Union, as from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council, representing Member States comprising at least 65 % of the population of the Union

http://www.aeuv.de/aeuv/sechster-teil/titel-i/kapitel-1/abschnitt-3/art-238.html


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