Explanatory Memorandum to COM(2022)113 - Amendment of Regulation (EU) 2016/1628 as regards the extension of the empowerment of the Commission to adopt delegated acts - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)113 - Amendment of Regulation (EU) 2016/1628 as regards the extension of the empowerment of the Commission to adopt delegated acts. |
|---|---|
| source | COM(2022)113  |
| date | 17-03-2022 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Regulation (EU) 2016/1628 limited all empowerments of the Commission to adopt delegated acts to a period of five years which expired on 6 October 2021. As there is a need to constantly update elements of the type-approval acts to technical progress or to introduce other amendments in line with the empowerments, the draft proposal amends Article 55(2) of Regulation (EU) 2016/1628 to provide for an empowerment of another five years with the possibility for tacit extension.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 114 of the Treaty on the Functioning of the European Union
• Subsidiarity (for non-exclusive competence)
The subsidiarity principle applies since the proposal does not fall under the exclusive competence of the Union.
As the proposal involves amendments to existing EU legislation, only the EU can effectively address the issues. Furthermore, the policy objectives cannot be sufficiently achieved by actions of the Member States. European Union action is necessary to avoid the emergence of barriers to the single market notably in the field of NRMM engines, and because of the transnational nature of air pollution.
The proposal therefore complies with the subsidiarity principle
• Proportionality
The proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the internal market while at the same time providing for a high level of public safety and environmental protection.
• Choice of the instrument
Regulation amending a Regulation
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
This proposal is not accompanied by a separate impact assessment, as an impact assessment for Regulation (EU) 2016/1628 has already been undertaken. This proposal does not alter that Regulation on substance and does not impose new obligations on the concerned parties. It aims at extending the powers of the Commission to update certain elements to technical progress and to introduce other amendments in line with the empowerments.
4. BUDGETARY IMPLICATIONS
The proposal does not have a budgetary impact for the EU institutions.