123 Amendments of Adina-Ioana VĂLEAN related to 2016/0400(COD)
Amendment 1 #
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 1
Annex I – Part I – point 1 – paragraph 2 – point 1
Directive 2009/31/EC
Article 29 – paragraph 1
Article 29 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 29a amending the Annexes, in order to adapt to technical and scientific progress.
Amendment 2 #
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 2
Annex I – Part I – point 1 – paragraph 2 – point 2
Directive 2009/31/EC
Article 29a – paragraph 2
Article 29a – paragraph 2
2. The power to adopt delegated acts referred to in Article 29 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. period of five years from [date of entry into force of this Omnibus]. 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.
Amendment 3 #
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 3
Annex I – Part I – point 1 – paragraph 2 – point 3
Directive 2009/31/EC
Article 30
Article 30
(3) Article 30 is deleted. replaced by the following: “Article 30 Committee procedure 1. The Commission shall be assisted by the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council*. 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 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13). **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).
Amendment 4 #
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 1
Annex I – Part I – point 2 – paragraph 1
In order to ensure the accurate accounting of transactions under Decision No 406/2009/EC and that Member States meet the Union’s greenhouse gas emission reduction commitments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Decision with requirements applicable to Member States' registries and the Central Administrator as regards the handling of transactions, and with annual emissions allocations for Member States. 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 on Better Law-Making of 13 April 2016. 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.
Amendment 5 #
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 2
Annex I – Part I – point 2 – paragraph 2
Amendment 6 #
Proposal for a regulation
Annex I – part I – point 2 – paragraph 3
Annex I – part I – point 2 – paragraph 3
Amendment 7 #
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 1 – point a
Annex I – Part I – point 2 – paragraph 4 – point 1 – point a
Decision No 406/2009/EC
Article 3 – paragraph 2 – subparagraphs 4 and 5
Article 3 – paragraph 2 – subparagraphs 4 and 5
Amendment 8 #
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 1 – point b
Annex I – Part I – point 2 – paragraph 4 – point 1 – point b
Decision No 406/2009/EC
Article 3 – paragraph 6
Article 3 – paragraph 6
(b) in paragraph 6 is deleted, the second subparagraph is replaced by the following: “The Commission is empowered to adopt delegated acts in accordance with Article 12a to supplement this Decision by establishing the modalities for such transfers.”;
Amendment 9 #
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 2
Annex I – Part I – point 2 – paragraph 4 – point 2
Decision No 406/2009/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 12a concerning the application ofto supplement this Decision in order to ensure the accurate accounting in accordance with paragraphs 1 and 2 of this Article.
Amendment 10 #
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 3
Annex I – Part I – point 2 – paragraph 4 – point 3
Decision No 406/2009/EC
Article 12a
Article 12a
Article 12a 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 Article 3(2) and (6) and Article 11(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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 Article 3(2) and (6) and Article 11(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 on Better Law-Making of 13 April 2016*. 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 Article 3(2) and (6) and Article 11(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. ___________________ * OJ L 123, 12.5.2016, p.1.
Amendment 11 #
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 4
Annex I – Part I – point 2 – paragraph 4 – point 4
Decision No 406/2009/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
(4) in Article 13, paragraph 2 is replaced by the following: “2 Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council* shall apply."deleted.
Amendment 12 #
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 1
Annex I – Part VI – point 53 – paragraph 1
In order to update Regulation (EC) No 1221/2009 and to establish evaluation procedures, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annexes to that Regulation and to supplement it with procedures for carrying out the peer evaluation of the EMAS Competent Bodies and to provide sectoral reference documents as well as guidance documents referring to registration of organisations and to harmonisation procedures. 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 on Better Law-Making of 13 April 2016. 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.
Amendment 13 #
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 2
Annex I – Part VI – point 53 – paragraph 2
Amendment 14 #
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 1
Annex I – Part VI – point 53 – paragraph 3 – point 1
Regulation (EC) No 1221/2009
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
4. Guidance documents referring to harmonisation procedures approved by the Forum of Competent Bodies shall be adopted by the Commission by means of implementing acts. Those implementing acts shall bThe Commission is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by establishing guidance adopted in accordance with the procedure referred to in Article 49(2)cuments on the harmonisation procedures approved by the Forum of Competent Bodies.
Amendment 15 #
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 –point 2
Annex I – Part VI – point 53 – paragraph 3 –point 2
Regulation (EC) No 1221/2009
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 48a concernto supplement this Regulation by establishing the procedures for carrying out the peer evaluation of the EMAS Competent Bodies, including appropriate appeals procedures against decisions taken as a result of the peer evaluation.
Amendment 16 #
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 3
Annex I – Part VI – point 53 – paragraph 3 – point 3
Regulation (EC) No 1221/2009
Article 30 – paragraph 6 – subparagraph 1
Article 30 – paragraph 6 – subparagraph 1
6. The Commission shall adopt guidance documents referring to harmonisation procedures approved by the Forum of the Accreditation and Licensing Bodies by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 49(2)is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by establishing guidance documents on the harmonisation procedures approved by the Forum of the Accreditation and Licensing Bodies.
Amendment 17 #
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 4
Annex I – Part VI – point 53 – paragraph 3 – point 4
Regulation (EC) No 1221/2009
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The Commission shallis empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by adopting the sectoral reference documents referred to in paragraph 1 and the guide referred to in paragraph 4 by means of implementing acts in accordance with the procedure referred to in Article 49(2).
Amendment 18 #
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 6
Annex I – Part VI – point 53 – paragraph 3 – point 6
Regulation (EC) No 1221/2009
Article 48a
Article 48a
Article 48a 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 Article 17(36(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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 Article 17(36(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 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 on Better Law-Making of 13 April 2016*. 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 Article 17(36(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. _______________ * OJ L 123, 12.5.2016, p. 1.
Amendment 19 #
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 4
Annex I – Part VII – point 59 – paragraph 4
In order to ensure uniform conditions for the implementation of Regulation (EC) No 2150/2002 concerning the production of results, the appropriate format for the transmission of results and the contentstructure and modalities of the quality reports implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 20 #
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 1
Annex I – Part VII – point 59 – paragraph 5 – point 1
Regulation (EC) No 2150/2002
Article 1 – paragraph 5
Article 1 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning theto supplement this Regulation by establishment ofing a table of equivalence between the statistical nomenclature of Annex III to this Regulation and the list of waste established by Commission Decision 2000/532/EC.* ____________________ * Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).
Amendment 21 #
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 2 – point a
Annex I – Part VII – point 59 – paragraph 5 – point 2 – point a
Regulation (EC) No 2150/2002
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning theto supplement this Regulation by definitiong the quality and accuracy conditions.
Amendment 22 #
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 4
Annex I – Part VII – point 59 – paragraph 5 – point 4
Regulation (EC) No 2150/2002
Article 5a – paragraph 1
Article 5a – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning theto amend this Regulation by adjustmening it to economic and technical developments in the collection and statistical processing of data, as well as the processing and the transmission of results and theby adaptation ofing the specifications listed in the Annexes.
Amendment 23 #
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 4
Annex I – Part VII – point 59 – paragraph 5 – point 4
Regulation (EC) No 2150/2002
Article 5b – paragraph 2
Article 5b – paragraph 2
2. The power to adopt delegated acts referred to in Article 1(5), Article 3(1) and (4), and Article 5a), shall be conferred on the Commission for an indeterminate period of time from [[date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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.
Amendment 24 #
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 5
Annex I – Part VII – point 59 – paragraph 5 – point 5
Regulation (EC) No 2150/2002
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the contentstructure and modalities of the quality reports as referred to in Section 7 of Annex I and Section 7 of Annex II.
Amendment 25 #
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 1 – second indent
Annex I – Part IX – point 91 – paragraph 1 – second indent
- to amend the Annexes to that Regulation in certain cases;
Amendment 26 #
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 1
Annex I – Part IX – point 91 – paragraph 3 – point 1
Regulation (EC) No 1907/2006
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 131a to supplement Regulation (EC) No 1907/2006 by laying down test methods.
Amendment 27 #
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 2
Annex I – Part IX – point 91 – paragraph 3 – point 2
Regulation (EC) No 1907/2006
Article 41 – paragraph 7
Article 41 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 131a, after consulting with the Agency, to amend this Regulation by varying the percentage of dossiers selected and to amendby updating or includeing further criteria in paragraph 5.
Amendment 28 #
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 4 a (new)
Annex I – Part IX – point 91 – paragraph 3 – point 4 a (new)
Regulation (EC) No 1907/2006
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 29 #
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 6
Annex I – Part IX – point 91 – paragraph 3 – point 6
Regulation (EC) No 1907/2006
Article 131a
Article 131a
Article 131a Exercise of the Delegation 1. The power to adopt delegated acts conferred on the Commission is subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(9) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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 Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) 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 on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 183 6. A delegated act adopted pursuant to Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. _____________________ * OJ L 123, 12.5.2016, p.1.;
Amendment 30 #
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 1 a (new)
Annex I – Part IX – point 99 – paragraph 1 a (new)
In addition, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty to supplement this Regulation by authorising derogations from the prohibition on animal testing, in case a serious concern arises as regards the safety of an existing cosmetics ingredient.
Amendment 31 #
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 3
Annex I – Part IX – point 99 – paragraph 3
Amendment 32 #
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 4 – point 6
Annex I – Part IX – point 99 – paragraph 4 – point 6
Regulation (EC) No 1223/2009
Article 18 – paragraph 2 – subparagraph 9
Article 18 – paragraph 2 – subparagraph 9
The measures referred to in the sixth subparagraph shall be adopted by means of implementing acts. Those implementing acts shallCommission is empowered to adopt delegated acts in accordance with Article 31a by supplementing this Regulation bey adopted in accordance with the procedure referred to in Article 32(2)uthorising the derogation referred to in the sixth subparagraph.
Amendment 33 #
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 4 – point 7
Annex I – Part IX – point 99 – paragraph 4 – point 7
Regulation (EC) No 1223/2009
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Regulation by establishing a list of common criteria for claims which may be used in respect of cosmetic products, after consulting the SCCS or other relevant authorities and taking into account the provisions of Directive 2005/29/EC.
Amendment 34 #
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 4 – point 9
Annex I – Part IX – point 99 – paragraph 4 – point 9
Regulation (EC) No 1223/2009
Article 31a
Article 31a
Article 31a 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 Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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 Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16(8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (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 on Better Law-Making of 13 April 2016*. 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 Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. _____________________ * OJ L 123, 12.5.2016, p.1.;
Amendment 35 #
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 1
Annex I – Part XII – point 143 – paragraph 1
In order to achieve the objectives of Directive 2002/46/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Directive in order to adapt those Annexes to technical progress and to supplement that Directive as regards the purity criteria for substances listed in Annex II thereto, and the minimum and maximum amounts of vitamins and minerals that are to be present in food supplements. 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 on Better Law-Making of 13 April 2016. 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.
Amendment 36 #
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 2
Annex I – Part XII – point 143 – paragraph 2
Amendment 37 #
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 3 – point 2
Annex I – Part XII – point 143 – paragraph 3 – point 2
Directive 2002/46/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 12a: (a) setting the minimum amounts of vitamins and minerals referred to in paragraph 3 of this Article. The Commission shall set; (b) setting the maximum amounts of vitamins and minerals referred to in paragraphs 1 and 2 of this Article by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13(2).
Amendment 38 #
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 3 – point 3
Annex I – Part XII – point 143 – paragraph 3 – point 3
Directive 2002/46/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) in Article 12, paragraph 3 is deleted;replaced by the following: “In order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, the Commission is empowered to adopt delegated acts in accordance with Article 12a, to supplement this Directive. The Member State that has adopted safeguard measures may in that event retain them until those delegated acts have been adopted.”
Amendment 39 #
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 3 – point 4
Annex I – Part XII – point 143 – paragraph 3 – point 4
Article 12a 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 Article 4(2) and (5), Article 5(4), and Article 5(4)12(3), shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. period of five years from [date of entry into force of this Omnibus]. 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 Article 4(2) and (5), and Article 5(4) and Article 12(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 Inter-Institutional Agreement on Better Law-Making of 13 April 2016*. 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 Article 4(2) and (5), Article 5(4), and Article 12(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. _______________________ * OJ L 123, 12.5.2016, p. 1.
Amendment 40 #
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 2
Annex I – Part XII – point 144 – paragraph 2
Amendment 41 #
Proposal for a regulation
Annex I – part XII – point 144 – paragraph 3 – point 1
Annex I – part XII – point 144 – paragraph 3 – point 1
Directive 2002/98/EC
Article 27a – paragraph 2
Article 27a – paragraph 2
2. The power to adopt delegated acts referred to in the first and third paragraphs of Article 29 shall be conferred for an indeterminate period of time from [date of entry into force of this omnibus] period of five years from [date of entry into force of this omnibus]. 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.
Amendment 42 #
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point a
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point a
Directive 2002/98/EC
Article 29 – paragraph 1
Article 29 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 27a concerning amendments toto amend the technical requirements set out in Annexes I to IV in order to adapt them to technical and scientific progress.
Amendment 43 #
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point b
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point b
Directive 2002/98/EC
Article 29 – paragraph 2 – point i
Article 29 – paragraph 2 – point i
Amendment 44 #
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point d
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point d
Directive 2002/98/EC
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 45 #
Proposal for a regulation
Annex I – Part XII – point 146 – paragraph 2 – point 2
Annex I – Part XII – point 146 – paragraph 2 – point 2
Directive 2003/99/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. If data collected through routine monitoring in accordance with Article 4 are not sufficient, the Commission is empowered to adopt delegated acts in accordance with Article 11a, to supplement this Directive by laying down coordinated monitoring programmes concerning one or more zoonoses or zoonotic agents. Those delegated acts shall be adopted especially when specific needs are identified and when there is need to assess risks or to establish baseline values related to zoonoses or zoonotic agents at the level of Member States or at Union level.
Amendment 46 #
Proposal for a regulation
Annex I – Part XII – point 146 – paragraph 2 – point 3
Annex I – Part XII – point 146 – paragraph 2 – point 3
Directive 2003/99/EC
Article 11
Article 11
(3) in Article 11, the first and second paragraphs are replaced by the following: is replaced by the following: “Article 11 Amendments to the Annexes and implementing measures The Commission is empowered to adopt delegated acts in accordance with Article 11a to amend Annexes II, III and IV, taking account in particular of the following criteria: (a) the occurrence of zoonoses, zoonotic agents and antimicrobial resistance in animal and human population, feed, food and the environment, (b) the availability of new monitoring and reporting tools, (c) the needs required for the assessment of trends at national, European or global level. Other implementing measures may be adopted in accordance with the regulatory procedure referred to in Article 12(2).
Amendment 47 #
In order to achieve the objectives of Regulation (EC) No 1829/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annex to that Regulation in order to adapt to technical progress and to supplement that Regulation by determining which food and feed falls within the scope of different sections of the Regulation, by establishing appropriate lower thresholds for GMO presence in food and feed, below which the labelling requirements do not apply, subject to certain conditions, by establishing measures for operators to satisfy the competent authorities, measures necessary for operators to comply with the labelling requirements and by establishing specific rules concerning the information to be given by mass caterers providing food to the final consumer.
Amendment 48 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 3
Annex I – Part XII – point 147 – paragraph 3
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1829/2003, implementing powers should be conferred on the Commission concerning measures for operators to satisfy the competent authorities, measures necessary for operators to comply with the labelling requirements and rules to facilitate the uniform application of certain provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 49 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 –point 1
Annex I – Part XII – point 147 – paragraph 4 –point 1
Regulation (EC) No 1829/2003
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may decide, by means of implementing acts, whether a type of food falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2)is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by determining whether a type of food falls within the scope of this Section.
Amendment 50 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 2
Annex I – Part XII – point 147 – paragraph 4 – point 2
Regulation (EC) No 1829/2003
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of foods containing or consisting of GMOs, or taking account of advances in science and technology.
Amendment 51 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 –point 3
Annex I – Part XII – point 147 – paragraph 4 –point 3
Regulation (EC) No 1829/2003
Article 14
Article 14
Article 14 Delegated and implementing powers 1. The Commission is empowered to adopt delegated acts, in accordance with Article 34a, adoptingto supplement this Regulation by establishing: (a) measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3); (b) measures necessary for operators to comply with the labelling requirements set out in Article 13; (c) specific rules concerning the information to be given by mass caterers providing food to the final consumer. In order to take account of the specific situation of mass caterers, such rules may provide for adaptation of the requirements set out in Article 13(1)(e). 2. The Commission may adopt, by means of implementing acts: (a) measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3); (b) measures necessary for operators to comply with the labelling requirements set out in Article 13; (c) detailed rules to facilitate the uniform application of Article 13 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).
Amendment 52 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 4
Annex I – Part XII – point 147 – paragraph 4 – point 4
Regulation (EC) No 1829/2003
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission may decide, by means of implementing acts, whether a type of feed falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2)is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by determining whether a type of feed falls within the scope of this Section.
Amendment 53 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 5
Annex I – Part XII – point 147 – paragraph 4 – point 5
Regulation (EC) No 1829/2003
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of feed containing or consisting of GMOs, or taking account of advances in science and technology.
Amendment 54 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 6
Annex I – Part XII – point 147 – paragraph 4 – point 6
Article 26 IDelegated and implementing powers 1. The Commission may adopt, by means of implementing actsis empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing: (a) measures necessary for operators to satisfy the competent authorities as referred to in Article 24(3); (b) measures necessary for operators to comply with the labelling requirements set out in Article 25; (c). 2. The Commission may adopt detailed rules to facilitate the uniform application of Article 25 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).
Amendment 55 #
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 –point 8
Annex I – Part XII – point 147 – paragraph 4 –point 8
Regulation (EC) No 1829/2003
Article 34a
Article 34a
Article 34a 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 Article 3(2), Article 12(4), Article 14(1a), Article 24(4), Article 15 (2), Article 24(4), Article 26 (1) and Article 32, sixth paragraph, shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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 delegations of power referred to in Article 3(2), Article 12(4), Article 14(1a), Article 24(4), Article 15(2), Article 24(4), Article 26(1) and Article 32, sixth paragraph, 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 on Better Law-Making of 13 April 2016*. 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 Article 3(2), Article 12(4), Article 14(1a), Article 24(4), Article 15(2), Article 24(4), Article 26(1) or Article 32, sixth paragraph, shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. ________________________ * OJ L 123, 12.5.2016, p.1.
Amendment 56 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 1
Annex I – Part XII – point 151 – paragraph 1
In order to achieve the objectives of Regulation (EC) No 2160/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I, II and III to that Regulation and to supplement that Regulation as regards the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents, specific control methods, specific rules on criteria relating to imports from third countries, the responsibilities and tasks of the Union reference laboratories and, for approving methods for testing, and as regards certain responsibilities and tasks of the national reference laboratories. 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 on Better Law-Making of 13 April 2016. 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.
Amendment 57 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 2
Annex I – Part XII – point 151 – paragraph 2
Amendment 58 #
Proposal for a regulation
Annex I – Part XII – point 151 –paragraph 3 – point 1 – point a
Annex I – Part XII – point 151 –paragraph 3 – point 1 – point a
Regulation (EC) No 2160/2003
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents listed in Annex I, column 1, in the animal populations listed in Annex I, column 2, to supplement this Regulation, taking account, in particular, of:
Amendment 59 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 3
Annex I – Part XII – point 151 – paragraph 3 – point 3
Regulation (EC) No 2160/2003
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts, to supplement this Regulation, in accordance with Article 13a concerning:
Amendment 60 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 4
Annex I – Part XII – point 151 – paragraph 3 – point 4
Regulation (EC) No 2160/2003
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, by establishing the rules concerning the setting by Member States of the criteria referred to in Article 5(5) and in paragraph 2of this Article.
Amendment 61 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 5
Annex I – Part XII – point 151 – paragraph 3 – point 5
Regulation (EC) No 2160/2003
Article 10 – paragraph 5
Article 10 – paragraph 5
The authorisation may be withdrawn in accordance with the same procedure. and, wWithout prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, establishing specific rules concerning such criteria.
Amendment 62 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point a
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point a
Regulation (EC) No 2160/2003
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, by laying down the responsibilities and tasks of the Union reference laboratories, in particular with regard to coordination of their activities and those of the national reference laboratories.
Amendment 63 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point b
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point b
Regulation (EC) No 2160/2003
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, by laying down certain responsibilities and tasks of the national reference laboratories, in particular with regard to coordination of their activities and those of the relevant laboratories in the Member States designated under Article 12(1)(a).
Amendment 64 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 7
Annex I – Part XII – point 151 – paragraph 3 – point 7
Regulation (EC) No 2160/2003
Article 12 – paragraph 3 – third subparagraph
Article 12 – paragraph 3 – third subparagraph
Amendment 65 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 8
Annex I – Part XII – point 151 – paragraph 3 – point 8
Regulation (EC) No 2160/2003
Article 13
Article 13
Article 13 Implementing measures The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, by amending elements concerning the relevant health certificates. Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2).
Amendment 66 #
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 9
Annex I – Part XII – point 151 – paragraph 3 – point 9
Regulation (EC) No 2160/2003
Article 13a
Article 13a
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 Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 shall be conferred for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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 powers referred to in Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 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 adapting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better- Law-making of 13 April 2016*. 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 Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council. ________________________ * OJ L 123, 12.5.2016, p.1.";
Amendment 67 #
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 1
Annex I – Part XII – point 152 – paragraph 1
In order to achieve the objectives of Directive 2004/23/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Directive with traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality, to establish procedures for ensuring traceability and for verifying the equivalent standards of quality and safety of imported tissues and cells, and to supplement that Directive with certain technical requirements. 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 on Better Law-Making of 13 April 2016. 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.
Amendment 68 #
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 2
Annex I – Part XII – point 152 – paragraph 2
Amendment 69 #
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 1
Annex I – Part XII – point 152 – paragraph 3 – point 1
5. The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive, by establishing traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality and safety, as well as by establishing the procedures for ensuring traceability at Union level.
Amendment 70 #
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 1
Annex I – Part XII – point 152 – paragraph 3 – point 1
Directive 2004/23/EC
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 71 #
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 2
Annex I – Part XII – point 152 – paragraph 3 – point 2
Directive 2004/23/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shallis empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive, by establishing the procedures for verifying the equivalent standards of quality and safety in accordance with paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 29(2).
Amendment 72 #
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 3
Annex I – Part XII – point 152 – paragraph 3 – point 3
Directive 2004/23/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive with respect to the technical requirements referred to in points (a) to (i) of the first paragraph.
Amendment 73 #
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 4
Annex I – Part XII – point 152 – paragraph 3 – point 4
Directive 2004/23/EC
Article 28a
Article 28a
Article 28a 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 delegation of power referred to in Article 8(5), Article 9(4), and in the second paragraph of Article 28 shall be conferred for an indeterminate period of time from the [date of entry into force of this omnibus] period of five years from the [date of entry into force of this omnibus]. 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 Article 8(5), Article 9(4), and in the second paragraph of Article 28 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 on Better Law-Making of 13 April 2016*. 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 Article 8(5), Article 9(4), and in the second paragraph of Article 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council. ________________________ * OJ L 123, 12.5.2016, p.1.";
Amendment 74 #
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 1
Annex I – Part XII – point 153 – paragraph 2 – point 1
Regulation (EC) No 852/2004
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The Commission is empowered to adopt delegated acts in accordance with Article 13a adoptingto supplement this Regulation by laying down the specific hygiene measures referred to in paragraph 3, in particular concerning:
Amendment 75 #
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 2
Annex I – Part XII – point 153 – paragraph 2 – point 2
Regulation (EC) No 852/2004
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) by a delegated act that the Commission is empowered to adopt in accordance with Article 13a to supplement this Regulation.
Amendment 76 #
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 4
Annex I – Part XII – point 153 – paragraph 2 – point 4
Regulation (EC) No 852/2004
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this regulation by granting derogations from Annexes I and II , in particular to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the following objectives of this Regulation: (a) to facilitate the implementation of Article 5 for small businesses; (b) to establishments producing, handling or processing raw material which is intended for the production of highly refined food products which have undergone a treatment ensuring its safety.
Amendment 77 #
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 6
Annex I – Part XII – point 153 – paragraph 2 – point 6
Regulation (EC) No 852/2004
Article 13a
Article 13a
Article 13a 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 Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) shall be conferred for an indeterminate period of time from [date of entry into force of this Omnibus]. period of five years from [date of entry into force of this Omnibus]. 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 powers referred to in Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) 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 adapting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better- Law-making of 13 April 2016*. 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 Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council. __________________ * OJ L 123, 12.5.2016, p.1.;
Amendment 78 #
Proposal for a regulation
Annex I – Part XII – point 155 – paragraph 2 – point 2
Annex I – Part XII – point 155 – paragraph 2 – point 2
Regulation (EC) No 854/2004
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts to supplement this Regulation, in accordance with Article 18a granting derogations from Annexes I,II, III, IV, V and VI them, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the following objectives of this Regulation, in order to:
Amendment 79 #
Proposal for a regulation
Annex I – Part XII – point 155 – paragraph 2 – point 3 – point a
Annex I – Part XII – point 155 – paragraph 2 – point 3 – point a
Regulation (EC) No 854/2004
Article 18 – introductory part
Article 18 – introductory part
Without prejudice to the general application of Article 16 and Article 17(1), the Commission may lay down the following measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(2):";is empowered to adopt delegated acts to supplement this Regulation in accordance with Article 18a to lay down the following measures:
Amendment 80 #
Proposal for a regulation
Annex I – Part XII – point 155 – paragraph 2 – point 4
Annex I – Part XII – point 155 – paragraph 2 – point 4
Regulation (EC) No 854/2004
Article 18a
Article 18a
Article 18a 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 Article 17(1) and (2) and in Article 18 shall be conferred for an indeterminateon the Commission for a period of timefive years from [date of entry into force of this Omnibus]. 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 powers referred to in Article 17(1) and (2) and in Article 18 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 adapting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better- Law-making of 13 April 2016*. 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 Article 17(1) and (2) and in Article 18 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council. __________________ * OJ L 123, 12.5.2016, p.1.
Amendment 81 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 1 – intend 5 a (new)
Annex I – Part XII – point 158 – paragraph 1 – intend 5 a (new)
- the adoption of the Union list of permitted health claims other than those referring to the reduction of disease risk and to children's development and health and their conditions of use, any changes or any additions to that list, and as regards final decisions on applications for authorisations of claims.
Amendment 82 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 3
Annex I – Part XII – point 158 – paragraph 3
Amendment 83 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point a
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point a
Regulation (EC) No 1924/2006
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. The Commission is empowered to adopt delegated acts in accordance with Article 24a, to supplement this Regulation, concerning the labelling information for those non-prepackaged foodstuffs. National provisions may apply until the eventual adoption of those delegated acts.
Amendment 84 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point b
Regulation (EC) No 1924/2006
Article 1 – paragraph 4
Article 1 – paragraph 4
4. For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, food business operators concerned may apply for a derogation from paragraph 3. The application shall be sent to the national competent authority of a Member State which will forward it to the Commission without delay. The Commission shall adopt and make public the rules for food business operators according to which such applications shall be made, so as to ensure that the application is dealt with transparently and within a reasonable time. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning derogations from paragraph 3.
Amendment 85 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 2 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 2 – point b
Regulation (EC) No 1924/2006
Article 3 – paragraph 2a (new)
Article 3 – paragraph 2a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, by derogating from point (d) of the second subparagraph of this Article in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet; the delegated acts shall include conditions for the application of the derogations, taking into account the special conditions present in Member States.
Amendment 86 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point i
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point i
Regulation (EC) No 1924/2006
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 24a by 19 January 2009, to supplement this Regulation, by establishing specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles.";
Amendment 87 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point ii
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point ii
Regulation (EC) No 1924/2006
Article 4 – paragraph 1 – subparagraph 6
Article 4 – paragraph 1 – subparagraph 6
"The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning the update of nutrient profiles and their conditions of use to take into account relevant scientific developments. To this purpose, interested parties, in particular food business operators and consumer groups shall be consulted.";
Amendment 88 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point b
Regulation (EC) No 1924/2006
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning measures determining the foods or categories of foods other than those referred to in paragraph 3 of this Article for which nutrition or health claims are to be restricted or prohibited in the light of scientific evidence.
Amendment 89 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 5
Annex I – Part XII – point 158 – paragraph 4 – point 5
3. The Commission shall, after consulting After consulting the Authority, the Commission shall adopt, by means of delegated acts in accordance withe Authority, adoptrticle 24a, a Union list of permitted claims as referred to in paragraph 1 and all necessary conditions for the use of those claims by 31 January 2010 at the latest. by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2).
Amendment 90 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 5
Annex I – Part XII – point 158 – paragraph 4 – point 5
Regulation (EC) No 1924/2006
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission shall, aAfter consulting the Authority, on the Commission' shall adopt, by means of delegated acts in accordance with Article 24a, on its own initiative or following a request by a Member State adopt, any changes to the list referred to in paragraph 3, based on generally accepted scientific evidence. by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2).
Amendment 91 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point a
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point a
Regulation (EC) No 1924/2006
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
The Commission shallis empowered to adopt a final decision on the application by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in, to supplement this Regulation, by means of delegated acts in accordance with Article 25(2).";4a.
Amendment 92 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point b
Regulation (EC) No 1924/2006
Article 17 – paragraph 3 – subparagraph 2 – point b
Article 17 – paragraph 3 – subparagraph 2 – point b
(b) before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shallis empowered to adopt measures for authorisation of the claim without restriction for use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in, to supplement this Regulation, by means of delegated acts in accordance with Article 25(2)4a.
Amendment 93 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point a
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point a
Regulation (EC) No 1924/2006
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Amendment 94 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point b
Regulation (EC) No 1924/2006
Article 18 – paragraph 5 – subparagraph 2 – point b
Article 18 – paragraph 5 – subparagraph 2 – point b
(b) before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt measures for authorisation of the claim without restriction of use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2)delegated acts in accordance with Article 24a, to supplement this Regulation, for authorisation of the claim without restriction of use.
Amendment 95 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 8
Annex I – Part XII – point 158 – paragraph 4 – point 8
Regulation (EC) No 1924/2006
Article 24a
Article 24a
"Article 24a 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 Article 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. 3. The delegation of power referred to in Article 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(2, Article 8(2), Article 13(3) and (4), Article 17(3) and (4), Article 18(5), and Article 28 paragraph 6(a) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. 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 Article 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4),, Article 18(5), and Article 28 paragraph 6(a) 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 on Better Law-Making of 13 April 2016*. 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 Article 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(2, Article 8(2), Article 13(3) and (4), Article 17(3) and (4),, Article 18(5), and Article 28 paragraph 6(a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. _______________________ * OJ L 123, 12.5.2016, p. 1.";
Amendment 96 #
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 10 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 10 – point b
Regulation (EC) No 1924/2006
Article 28 – paragraph 6 – point a – point ii
Article 28 – paragraph 6 – point a – point ii
(ii) after consulting the Authority, the Commission shall, by means of implementing act, adopt a decision concerning the health claims authorised in this way. Those implementing acts shall be adopted in accordance with the procedure referred to in adopt delegated acts, to supplement this Regulation, by laying down the health claims authorised in this way, in accordance with Article 25(2)4a.
Amendment 97 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 1
Annex I – Part XII – point 159 – paragraph 1
In order to achieve the objectives of Regulation (EC) No 1925/2006, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Regulation to adapt it to technical and scientific progress and to amend Annex III to that Regulation to allow the use of vitamins, minerals and of certain other substances prohibited, restricted or under Union scrutiny and, to supplement that Regulation by determining the additional foods or categories of foods to which vitamins and minerals may not be added, by determining the purity criteria for vitamin formulations and mineral substances and by determining the minimum amount by derogation from the significant amount for the presence of a vitamin or mineral in the food, as well as by setting the maximum amounts of the vitamins or minerals added to food and to define the conditions restricting or prohibiting the addition of a specific vitamin or mineral.. 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 on Better Law-Making of 13 April 2016. 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.
Amendment 98 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 2
Annex I – Part XII – point 159 – paragraph 2
Amendment 99 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 2
Annex I – Part XII – point 159 – paragraph 3 – point 2
Regulation (EC) No 1925/2006
Article 4 – paragraph 2
Article 4 – paragraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, concerning measures determining the additional foods or categories of foods to which vitamins and minerals may not be added in the light of scientific evidence and taking into account their nutritional value.
Amendment 100 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 3
Annex I – Part XII – point 159 – paragraph 3 – point 3
Regulation (EC) No 1925/2006
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation concerning measures determining the purity criteria for vitamin formulations and mineral substances listed in Annex II, except where purity criteria apply pursuant to paragraph 2 of this Article.
Amendment 101 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Regulation (EC) No 1925/2006
Article 6 – paragraph 1
Article 6 – paragraph 1
1.When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts. The Commission shall set those amounts by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2)adopt delegated acts in accordance with Article 13a, to supplement this Regulation, concerning those maximum amounts. The Commission may, to this end submit a draft of measures for the maximum amounts by 19 January 2009. For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer’s instructions.
Amendment 102 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Regulation (EC) No 1925/2006
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall defineadopt delegated acts in accordance with Article 13a concerning the definition of any conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2).
Amendment 103 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point b
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point b
Regulation (EC) No 1925/2006
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011. The Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, concerning measures determining the minimum amounts of vitamin or mineral in the food, including any lower amounts by derogation from the significant amounts, for specific foods or categories of foods.
Amendment 104 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 5
Annex I – Part XII – point 159 – paragraph 3 – point 5
Regulation (EC) No 1925/2006
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, derogating from this rule as regards a specific nutrient.
Amendment 105 #
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 7
Annex I – Part XII – point 159 – paragraph 3 – point 7
Regulation (EC) No 1925/2006
Article 13a
Article 13a
Article 13a 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 referred to in Article 3(3), Article 4, Article 5(1), Article 6(1), (2) and (6), Article 7(1) and Article 8(2) and (5) shall be conferred on the Commission for an indeterminate period of time of five years from [date of entry into force of this Omnibus]. 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 Article 3(3), Article 4, Article 5(1), Article 6(2), Article 6(6), Article 7(1) and Article 8(2) and (5) 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 Inter-Institutional Agreement on Better Law-Making of 13 April 2016*. 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 Article 3(3), Article 4, Article 5(1), Article 6(2), Article 6(6), Article 7(1) and Article 8(2) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. __________________ * OJ L 123, 12.5.2016, p.1.";
Amendment 106 #
Proposal for a regulation
Annex I – Part XII – point 164 – paragraph 3 – point 5
Annex I – Part XII – point 164 – paragraph 3 – point 5
Directive 2009/128/EC
Article 20a – paragraph 2
Article 20a – paragraph 2
2. The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(1) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus] period of five years from the [date of entry into force of this Omnibus]. 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.
Amendment 107 #
Proposal for a regulation
Annex I – Part XII – point 164 – paragraph 3 – point 5 a (new)
Annex I – Part XII – point 164 – paragraph 3 – point 5 a (new)
Directive 2009/128/EC
Article 21 – paragraph 2
Article 21 – paragraph 2
(5a) in Article 21, paragraph 2 is deleted
Amendment 108 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 1
Annex I – Part XII – point 165 – paragraph 1
In order to achieve the objectives of Regulation (EC) No 470/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplementing that Regulation with scientific methods for establishing reference points for action, reference points for action for residues from pharmacologically active substances, rules on actions in case of confirmed presence of a prohibited non- authorised substance, as well as the methodological principles for the risk assessment and risk management recommendations and rules on the use of a maximum residue limit established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or a maximum residue limit established for a pharmacologically active substance in one or more species for other species. 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 on Better Law-Making of 13 April 2016. 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.
Amendment 109 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 2
Annex I – Part XII – point 165 – paragraph 2
Amendment 110 #
Proposal for a regulation
Annex I – part XII – point 165 – paragraph 3 – point 1
Annex I – part XII – point 165 – paragraph 3 – point 1
Regulation (EC) No 470/2009
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts, in accordance with Article 24a, to supplement this Regulation, concerning the adoption of:
Amendment 111 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 2
Annex I – Part XII – point 165 – paragraph 3 – point 2
Regulation (EC) No 470/2009
Article 18 – paragraph 1
Article 18 – paragraph 1
When it is deemed necessary in order to ensure the functioning of controls of food of animal origin imported or placed on the market in accordance with Regulation (EC) No 882/2004, the Commission may establish, by means of implementing act,is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing reference points for action for residues from pharmacologically active substances which are not subject to a classification in accordance with Article 14(2)(a), (b) or (c). Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). On duly justified imperative grounds of urgency relating to the protection of human health, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 26 (2a)Where, in the case of risk to human health, imperative grounds of urgency so require, the procedure provided for in Article 24b shall apply to delegated acts adopted pursuant to this Article.";
Amendment 112 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 2
Annex I – Part XII – point 165 – paragraph 3 – point 2
Amendment 113 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 3
Annex I – Part XII – point 165 – paragraph 3 – point 3
Regulation (EC) No 470/2009
Article 19 – paragraph 3 – subparagraph 2
Article 19 – paragraph 3 – subparagraph 2
"The Commission is empowered to adopt delegated act, in accordance with Article 24a, to supplement this Regulation, concerning the methodological principles and scientific methods for establishing reference point for action.
Amendment 114 #
4. The Commission is empowered to adopt delegated act, in accordance with Article 24a, to supplement this Regulation concerning the application of this Article.
Amendment 115 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 5 – introductory sentence
Annex I – Part XII – point 165 – paragraph 3 – point 5 – introductory sentence
(5) the following Articles 24a isand 24b are inserted under Title V:
Amendment 116 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 5
Annex I – Part XII – point 165 – paragraph 3 – point 5
Regulation (EC) No 470/2009
Article 24a
Article 24a
Article 24a 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 Article 13(2), Article 18, Article 19(3) and Article 24(4) shall be conferred on the Commission for an indeterminate period of time of five years from [date of entry into force of this Omnibus]. 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 Article 13(2), Article 18, Article 19(3) and Article 24(4) 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 on Better Law-Making of 13 April 2016*. 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 Article 13(2), Article 18, Article 19(3) and Article 24(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. __________________ * OJ L 123, 12.5.2016, p.1.
Amendment 117 #
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 5
Annex I – Part XII – point 165 – paragraph 3 – point 5
Regulation (EC) No 470/2009
Article 24b (new)
Article 24b (new)
Article 24b Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 24a (6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
Amendment 118 #
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 14
Annex I – Part XII – point 167 – paragraph 4 – point 14
Regulation (EC) No 1069/2009
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, concerning the conditions for:
Amendment 119 #
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 14
Annex I – Part XII – point 167 – paragraph 4 – point 14
Regulation (EC) No 1069/2009
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Article 40 – paragraph 2 – subparagraph 1 – introductory part
2. The Commission shall adopt implementing acts, to amend this Regulation, concerning the following:
Amendment 120 #
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point a
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point a
Regulation (EC) No 1069/2009
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The Commission shall adopt implementing acts laying down the conditions referred to in point (b) of the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3).";is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the conditions referred to in point (b).
Amendment 121 #
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point b
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point b
Regulation (EC) No 1069/2009
Article 41 – paragraph 3 – subparagraph 3
Article 41 – paragraph 3 – subparagraph 3
The Commission shall adopt implementing acts laying down the requirements provided for in the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3)is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the requirements provided for in the first subparagraph.
Amendment 122 #
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 16 – point b
Annex I – Part XII – point 167 – paragraph 4 – point 16 – point b
Regulation (EC) No 1069/2009
Article 42 – paragraph 2 – introductory part
Article 42 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, by laying down the following:
Amendment 123 #
Proposal for a regulation
Annex I – part XII – point 167 – paragraph 4 – point 20
Annex I – part XII – point 167 – paragraph 4 – point 20
Regulation (EC) No 1069/2009
Article 51a
Article 51a
Article 51a 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 delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1) and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), paragraph 4 of Article 45, the first subparagraph of paragraph 7 and paragraph 8 of Article 48, shall be conferred on the Commission for an indeterminate period of [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. 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 Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48 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 on Better Law-Making of 13 April 2016*. 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 Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council. __________________ * OJ L 123, 12.5.2016, p.1.";