Explanatory Memorandum to COM(2023)588 - Exercise of the power to adopt delegated acts conferred on the Commission by Regulation 451/2008 establishing a new statistical classification of products by activity (CPA)

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1. INTRODUCTION

Regulation (EC) No 451/2008 of 23 April 20081 created a new statistical classification of products by activity (CPA). This piece of legislation ensures that European classifications are relevant to the economic reality and improves the comparability of national, European and international classifications. It therefore improves the comparability of national, European and international statistics.

The classification of economic activities (NACE) was recently updated through Commission Delegated Regulation No 2023/137 of 10 October 20222. In addition, the 54th session of the United Nations Statistical Commission3 set an objective of revising the Central Product Classification (CPC) in 2024. As the NACE and the CPC are both reference classifications of the CPA, the CPA should be updated soon to maintain comparability and consistency with product and economic activity classification standards used at international level.

Article 6(2) of Regulation (EC) No 451/20084 empowers the Commission to adopt, in accordance with Article 6a of the Regulation, delegated acts amending the Annex of the Regulation to take account of technological or economic developments or to align the CPA with other economic and social classifications.

Under the terms of Article 6a(2), the power to adopt delegated acts is conferred on the Commission for a period of 5 years, starting from 26 July 2019. The delegation of power will be tacitly extended for additional five-year periods, unless the European Parliament or the Council opposes this extension no later than 3 months before the end of each period.

Moreover, the Commission is required to draw up a report on the delegation of power no later than 9 months before the end of the five-year period. This report fulfils that obligation.

2. COMMISSION EXERCISE OF DELEGATED POWERS UNDER REGULATION (EC) NO 451/2008

Since 26 July 2019, the Commission has not exercised its power to adopt delegated acts as conferred on it by Article 6(2) of Regulation (EC) No 451/2008.

3. CONCLUSION

The Commission has not yet exercised the power to adopt delegated acts conferred on it by Regulation (EC) No 451/2008. The Commission invites the European Parliament and the Council to take note of this report.

The Commission considers that it should continue to have the delegated powers under Regulation (EC) No 451/2008, as it needs to adopt delegated acts in the future in a timely manner to regularly update the CPA classification. Because it can update the CPA classification by means of a delegated act, the Commission will be able to support the European Statistical System by providing a classification that makes it possible to produce accurate statistics that: (i) are of high quality; (ii) reflect the structure of the European Union economy; and (iii) are consistent with other economic and social classifications.

The Commission invites the European Parliament and the Council to take note of this report.


1 Regulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008 establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93, OJ L145, 4.6.2008, p. 65.

2 Commission Delegated Regulation (EU) 2023/137 of 10 October 2022 amending Regulation (EC) No 1893/2006 of the European Parliament and of the Council establishing the statistical classification of economic activities NACE Revision 2, OJ L 19, 20.1.2023, p. 5.

3 See item 54/112 (d) of the Report on the fifty-fourth session (28 February – 3 March 2023) of the United Nations Statistical Commission (E/2023/24-E/CN.3/2023/37), accessible at
https://unstats.un.org/UNSDWebsite/statcom/session_54/documents/2023-37-FinalReport-E.pdf

4As amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union, OJ L 198, 25.7.2019, p. 241.


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