30.9.2016   

EN

Official Journal of the European Union

L 266/1

(1)

As a consequence of the entry into force of the Treaty on the Functioning of the European Union (the ‘Treaty’), the powers conferred on the Commission should be aligned with Articles 290 and 291 of the Treaty.

(2)

In light of the adoption of Regulation (EU) No 182/2011 of the European Parliament and of the Council (2), the Commission has committed itself, by means of a Statement (3), to reviewing, in light of the criteria laid down in the Treaty, legislative acts which currently contain references to the regulatory procedure with scrutiny.

(3)

Regulation (EC) No 471/2009 of the European Parliament and of the Council (4) confers powers on the Commission in order to implement some of the provisions of that Regulation.

(4)

In order to align Regulation (EC) No 471/2009 with Articles 290 and 291 of the Treaty, implementing powers conferred on the Commission by that Regulation should be replaced by powers to adopt delegated and implementing acts.

(5)

In order to take account of changes in the Customs Code or provisions deriving from international conventions, changes necessary for methodological reasons and the need to set up an efficient system for the collection of data and the compilation of statistics, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of:

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (5). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(6)

The Commission should ensure that those delegated acts do not impose a significant additional burden on the Member States or on the respondents and that they remain as economical as possible.

(7)

In order to ensure uniform conditions for the implementation of Regulation (EC) No 471/2009, implementing powers should be conferred on the Commission enabling it to adopt measures relating to:

Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

(8)

The Committee on statistics relating to the trading of goods with non-member countries (‘Extrastat Committee’), referred to in Article 11 of Regulation (EC) No 471/2009, has provided advice to and assisted the Commission in the exercise of its implementing powers. Under the strategy for a new European Statistical System (‘ESS’) structure aimed at improving coordination and partnership in a clear pyramid structure within the ESS, the European Statistical System Committee (‘ESSC’), established by Regulation (EC) No 223/2009 of the European Parliament and of the Council (6), should have an advisory role and assist the Commission in exercising its implementing powers. To that effect, Regulation (EC) No 471/2009 should be amended by replacing the reference to the Extrastat Committee with a reference to the ESSC.

(9)

To ensure legal certainty, procedures for adopting measures that have been initiated but not completed before the entry into force of this Regulation are not affected by this Regulation.

(10)

Regulation (EC) No 471/2009 should therefore be amended accordingly,

(1)

Article 3 is amended as follows:

(2)

in Article 4, paragraph 5 is replaced by the following:

‘5.   The Commission is empowered to adopt delegated acts in accordance with Article 10a relating to the data collection referred to in paragraphs 2 and 4 of this Article. When exercising those powers, the Commission shall ensure that the delegated acts do not impose a significant additional burden on the Member States or on the respondents.’;

(3)

Article 5 is amended as follows:

(4)

Article 6 is amended as follows:

(5)

Article 8 is amended as follows:

(6)

the following Article is inserted:

‘Article 10a

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Articles 3(2), (3) and (4), 4(5), 5(2) and (4), and 6(3) shall be conferred on the Commission for a period of five years from 20 October 2016. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Articles 3(2), (3) and (4), 4(5), 5(2) and (4), and 6(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*).

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Articles 3(2), (3) and (4), 4(5), 5(2) and (4), and 6(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

(*)  OJ L 123, 12.5.2016, p. 1.’;"

(7)

Article 11 is replaced by the following:

‘Article 11

Committee procedure

1.   The Commission shall be assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (**).

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

(**)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’."