PURPOSE: alignment of
Regulation (EC) No 774/94 with the new provisions foreseen under
Articles 290 and 291 of the Treaty, following the entry into force
of the Lisbon Treaty.
PROPOSED ACT: Regulation of the European
Parliament and of the Council.
BACKGROUND: Articles
290 and 291 of the Treaty on the Functioning of the European Union
(TFEU) distinguish two different types of Commission
acts:
- Article 290 of the TFEU allows the legislator to
delegate to the Commission the power to adopt non-legislative acts
of general application to supplement or amend certain non-essential
elements of a legislative act. Legal acts adopted by the Commission
in this way are referred to in the terminology used by the Treaty
as "delegated acts" (Article 290(3)).
- Article 291 of the TFEU
allows Member States to adopt all measures of national law
necessary to implement legally binding Union acts. Those acts can
confer implementing powers on the Commission where uniform
conditions for implementing them are needed. Legal acts adopted by
the Commission in this way are referred to in the terminology used
by the Treaty as "implementing acts" (Article 291(4)).
As a consequence of the entry into force of the Lisbon
Treaty, the powers conferred upon the Commission under Regulation
(EC) No 774/94 need to be aligned to Articles 290 and 291 of the
Treaty on the Functioning of the European Union.
IMPACT ASSESSMENT: there was no need for consultation of interested
parties or for an impact analysis since the proposal to align
Council Regulation (EC) 774/94 with the TFEU is an
inter-institutional matter that will concern all Council
Regulations.
LEGAL BASIS: Article 207 of the Treaty on the
Functioning of the European Union (TFEU).
CONTENT: the
objective of the present proposal consists in aligning Council
Regulation (EC) No. 774/94 opening and providing for the
administration of certain Community tariff quotas for high-quality
beef, and for pigmeat, poultrymeat, wheat and meslin, and brans,
sharps and other residues to Articles 290 and 291 of the
Treaty.
- Regulation (EC) No 774/94
confers powers on the Commission allowing it to adopt the necessary
implementing measures. It also confers powers on the Commission to
adopt adjustments to that Regulation, should the volumes and other
conditions of quota arrangements be adjusted, in particular by a
decision to approve an agreement with one or more third
countries.
- In order to ensure uniform
conditions for the implementation of Regulation (EC) No 774/94, the
relevant implementing powers should be conferred on the Commission.
Those powers should be exercised in accordance with 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
Commissions exercise of implementing powers.
BUDGETARYIMPLICATION: this proposal has no budgetary
implications for the EU budget.