This is the third Omnibus proposal, put forward by the Commission with a view to adapt to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure.
In this proposal, the Commission analysed more than 30 legislative acts containing RPS measures and has come to the conclusion that some of those measures do not fall into the scope of Article 290 TFEU. In cases where the Commission has considered that those measures fulfil the criteria of Article 291 TFEU, it has proposed that the Commission is empowered to adopt implementing acts (measures listed in Annex II). In other cases, the Commission has appreciated that the powers given to the Commission are not in accordance with the Treaty, and it proposes the deletion of those provisions (Annex III).
The rapport opposes to most of the adaptations of provisions for the use of RPS to the regime and implementing acts, which have been proposed by the Commission without a detailed and individual justification. Therefore, except for specific exceptions, most of the provisions included by the Commission in Annex II have been moved to Annex I. Similarly, most of the deletions contained in Annex III, which have not been justified, have been deleted and transformed into delegated acts. I was adopted by the Committee on Legal Affairs on 17 December 2013.
Source : © European Union, 2014 - EP