Agricultural and fishery statistics: aligning certain legislative acts with the TFEU (Commission delegated and implementing powers)

PURPOSE: to amend certain legislative acts in the domain of agricultural and fishery statistics with a view to aligning them with the new Commission powers in regard to delegated and implementing acts introduced by the TFEU.

LEGISLATIVE ACT: Regulation (EU) n° 1350/2013 of the European Parliament and of the Council amending certain legislative acts in the field of agricultural and fishery statistics.

CONTENT: the Regulation amends nine legislative acts in the field of agricultural and fishery statistics with a view to aligning them with the provisions of the Treaty on the Functioning of the European Union.

Because of the new institutional context, the provisions referring to the ‘regulatory procedure with scrutiny’ must be deleted in these legislative acts and replaced by provisions on delegated acts (Article 290(1) TFEU) or implementing acts (article 291(2) TFEU).

Delegated acts: the amending Regulation limits the power to adopt delegated acts conferred on the Commission to a period of five years from 10 January 2014, which may be tacitly extended for identical periods, unless the European Parliament or the Council opposes the extension three months before the end of each period. Parliament or Council can raise objections with regard to a delegated act within two months from the date of notification (which may be extended by two months.)

For certain legislative acts, it is specified that delegated acts may be adopted only where they are necessary in order to take account of economic and technical developments and where they do not change the optional nature of required information and do not impose a significant additional burden on Member States or on the respondents.

The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where appropriate, input from relevant experts based on a cost-effectiveness analysis.

Implementing acts: the Regulation confers implementing powers on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

The reference to the Standing Committee for Agricultural Statistics (SCAS) set up by Council Decision 72/279/EEC is replaced by a reference to European Statistical System Committee (ESSC) established by Regulation (EC) No 223/2009 of the European Parliament and of the Council.

It should be noted that the Regulation does not affect the procedures for the adoption of measures provided for in the legislative acts which have been initiated but which have not been completed before its entry into force.

ENTRY INTO FORCE: 10/01/2014.