# EUR-Lex - 52014PC0379 - EN

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# 52014PC0379

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 184/2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures /* COM/2014/0379 final - 2014/0194 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

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.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

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.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

· 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[4]
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.

4.           BUDGETARY IMPLICATION

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.

2014/0194 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Regulation (EC) No 184/2005 on
Community statistics concerning balance of payments, international trade in
services and foreign direct investment as regards conferring of delegated and
implementing powers upon the Commission for the adoption of certain measures

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 338(1) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       As a consequence of the
entry into force of the Treaty on the Functioning of the European Union (“the Treaty”),
the powers conferred upon the Commission should be aligned to Articles 290 and 291 of the Treaty.

(2)       In view of the adoption of
Regulation (EU) No 182/2011 [6], the Commission has
committed itself[7]
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.

(3)       The Commission should have
the power to adopt delegated acts under Article 290 of the TFEU to supplement
or amend certain non-essential elements of particular legislative acts, notably
to take account of economic, social and technical developments. The Commission
should ensure that these delegated acts do not impose a significant additional
administrative burden on Member States or on the respondent units.

(4)       Regulation (EC) No 184/2005[8] concerning balance of
payments (BOP), international trade in services (ITS) and foreign direct
investment (FDI) contains references to the regulatory procedure with scrutiny
and should therefore be reviewed in the light of the criteria laid down in the
Treaty.

(5)       In the context of aligning
Regulation (EC) No 184/2005
to the new rules of the Treaty, implementing powers currently conferred upon the
Commission should be provided for by conferring powers on the Commission to
adopt delegated and implementing acts.

(6)       The power to adopt acts in
accordance with Article 290 of the Treaty should be delegated to the Commission
when, for reasons of economic and technical changes, data requirements need to
be updated, including submission deadlines as well as 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.

(7)       It is of particular
importance that the Commission carry out appropriate consultations during its
preparatory work, including at expert level. The Commission, when preparing and
drawing-up delegated acts, should ensure simultaneous, timely and appropriate transmission
of relevant documents to the European Parliament and the Council.

(8)       To ensure uniform
conditions for the implementation of Regulation (EC) No 184/2005, implementing
powers should be conferred on the Commission with a view to adopting common
quality standards and harmonising the content and periodicity of the quality
reports. Those powers should be exercised in accordance with Regulation (EU) No
182/2011.

(9)       The Balance of
Payments Committee (BOP Committee) referred to in Article 11 of Regulation (EC)
No 184/2005 provide advice to and assist the Commission in exercising of
its implementing powers.

(10)     Under the strategy for a
new European Statistical System (ESS) structure intended to improve coordination
and partnership in a clear pyramid structure within the ESS, the European Statistical System
Committee (ESSC), established by Regulation (EC) No 223/2009[9], should have an
advisory role and assist the Commission in exercising its implementing powers.

(11)     To that effect, Regulation (EC)
No 184/2005 should be amended with the references to the BOP Committeee being
replaced by a reference to the ESSC.

(12)     The
existing good operative cooperation between the National Central Banks (NCBs)
and the National Statistical Institutes and between Eurostat and the European
Central Bank is an asset that should be continued and further developed in the
light of improving the overall harmonisation and quality of balance of payments
statistics, financial statistics, government finance statistics, macro-economic
statistics and national accounts. The NCBs would continue to be closely
involved in the preparation of all the decisions related to BOP, ITS and FDI
via their participation in the relevant Commission expert group responsible for
BOP, ITS and FDI. The strategic cooperation between the ESS and ESCB is
coordinated in the European Statistical Forum, established via a Memorandum of
Understanding on the cooperation between the members of the European
Statistical System and the members of the European System of Central Banks[10] signed on 24
April 2013.

(13)     To ensure legal certainty,
procedures for the adoption of measures which have been initiated but not
completed before the entry into force of this Regulation should not be affected
by this Regulation.

(14)     Regulation (EC) No 184/2005
should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 184/2005 is amended as follows:

(1)          In Article 2, the following
paragraph is added:

‘3. The Commission shall be empowered to adopt delegated acts in
accordance with Article 10, when, for reasons of economic and technical
changes, data requirements need to be updated, including submission deadlines
as well as 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.’

(2)          In Article 4, paragraph 3 is
replaced by the following:

‘3. The Commission shall adopt, by means of implementing acts, the common quality standards, as well as the content and periodicity
of the quality reports, taking into account the implications as regards the
cost of collecting and compiling the data as well as important changes
concerning data collection.

Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 11(2).

On the basis of the quality reports, the quality of the data
transmitted shall be assessed by the Commission with the assistance of the
European Statistical System Committee referred to in Article 11(1).

This assessment of the Commission shall be sent to the European
Parliament for information.’

(3)          Article 10 is replaced by the
following:

‘Article 10
Exercise of delegated powers

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the powers
delegated in Article 2(3), the Commission shall ensure that the delegated acts
do not impose a significant additional administrative burden on Member States
and on the respondents.

3.         The power to adopt delegate acts
referred to in Article 2(3) shall be conferred on the Commission for an
indeterminate period of time from [Publication office: please insert the
exact date of the entry into force of the amending Regulation].

4.         The delegation of power referred
to in Article 2(3), may be revoked at any time by the European Parliament or by
the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 2(3), shall enter into force only if no objection has been expressed
either by the European Parliament or the Council within a period of two months
of notification of that act to the European Parliament and the Council or if, before the expiry of
that period, the European Parliament
and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of
the European Parliament or the Council.’

(4) Article 11 is replaced by the following:

'Article 11

Committee

1.         The Commission shall be assisted by the European
Statistical System Committee established by Regulation (EC) No 223/2009 of the
European Parliament and of the Council of 11 March 2009 on European statistics(*).
That committee shall be a committee within the meaning 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(**).

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU)
No 182/2011 shall apply.’

_______________________

(*) OJ L 87, 31.3.2009, p. 164.

(**) OJ L 55, 28.2.2011, p. 13.

Article 2

This Regulation shall not affect the
procedures for the adoption of measures provided for in Regulation (EC) No
184/2005 that have been initiated but not completed before the entry into force
of this Regulation.

Article 3

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                        For
the Council

The President

[1]               OJ L 55, 28.2.2011,
p. 13.

[2]               OJ L 55, 28.2.2011, p. 19.

[3]               OJ L 35, 8.2.2005, p. 23.

[4]               OJ L 87, 31.3.2009, p. 164.

[5]               12th meeting of the ESSC, 12 February 2012.

[6]               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 (OJ L 55, 28.2.2011, p. 13).

[7]               OJ L 55, 28.2.2011, p. 19.

[8]               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 (OJ L 35, 8.2.2005, p. 23).

[9]               Regulation (EC) No 223/2009 of
the European Parliament and of the Council of 11 March 2009 on European
statistics (OJ L 87, 31.3.2009,
p. 164).

[10]             http://epp.eurostat.ec.europa.eu/cache/ITY_PUBLIC/MOU_ESS_ESCB/EN/MOU_ESS_ESCB-EN.PDF