Explanatory Memorandum to COM(2014)379 - Amendment of Regulation 184/2005 on statistics concerning balance of payments, international trade in services and foreign direct investment as regards the Commission's powers - Main contents
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| dossier | COM(2014)379 - Amendment of Regulation 184/2005 on statistics concerning balance of payments, international trade in services and foreign ... |
|---|---|
| source | COM(2014)379  |
| date | 26-06-2014 |
The Treaty on the Functioning of the European Union (TFEU) makes a distinction between powers which may be delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a particular legislative act, as laid down in Article 290(1) of the TFEU (delegated acts), and the implementing powers which shall be conferred upon the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts).
In view of the adoption of 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[1], the Commission has committed itself[2] to reviewing, in the light of the criteria laid down in the Treaty, legislative acts which currently contain references to the regulatory procedure with scrutiny.
The overall objective is to remove all provisions referring to the regulatory procedure with scrutiny from all legislative instruments by the end of Parliament's seventh term (June 2014).
In the context of the alignment of Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by conferring powers on the Commission to adopt delegated and/or implementing acts.
Contents
The Directors meeting for macroeconomic statistics (DMES), the balance of payments working group and the Balance of Payments Committee were consulted.
There was no need for impact assessment.
· Summary of the proposed action
The objective of this proposal is to amend Regulation (EC) No 184/2005 so as to align it to the new institutional context.
In particular, the aim is to identify the powers conferred upon the Commission and put in place the appropriate procedure for adopting measures on the basis of these powers.
It is proposed to empower the Commission to adopt delegated acts when, for reasons of economic and technical changes, data requirements need to be updated, including submission deadlines and revisions, extensions and eliminations of data flows set out in Annex I, and when the definitions set out in Annex II need to be updated.
Furthermore, uniform conditions are needed for implementing Regulation (EC) No 184/2005 in terms of quality reporting. It is therefore proposed to confer implementing powers upon the Commission, in accordance with the examination procedure laid down in Article 5 of Regulation (EU) No 182/2011, with a view to adopting common quality standards and harmonising the content and periodicity of the quality reports.
· Streamlining of the European Statistical System
Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics i defined the European Statistical System (ESS) as the partnership between the Union statistical authority, which is the Commission (Eurostat), and the national statistical institutes (NSIs) and other national authorities responsible in each Member State for the development, production and dissemination of European statistics.
The European Statistical System Committee (ESSC), established by Article 7 of Regulation (EC) No 223/2009, is regarded as the umbrella committee within the ESS. It assists the Commission in exercising its implementing powers in certain statistical domains. These exclude the balance of payments, international trade in services and foreign direct investment.
In these domains, according to Article 11 of Regulation (EC) No 184/2005, the Balance of Payments Committee (BOP Committee) assists the Commission.
The Commission is proposing a new ESS structure to improve coordination and partnership in a clear pyramid structure within the ESS, with the ESSC as the highest strategic body. One aspect of this streamlining is to concentrate comitology powers in the hands of the ESSC. In February 2012[5], the ESSC supported this new approach.
Therefore it is also proposed to amend Regulation (EC) No 184/2005 by replacing the references to the BOP committee by a reference to the ESSC.
· Legal basis
Article 338 (1) of the Treaty on the Functioning of the European Union.
· Choice of instrument
Regulation of the European Parliament and of the Council.
The proposal has no implications for the EU budget.
5. OPTIONAL ELEMENTS
None
· European Economic Area
The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.