Number Annex Title Act (1) EESC comments

2 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 Article 12a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: in 2013, both the Council and the European Parliament had favoured a fixed duration of five years with automatic renewal following a Commission report to be presented before the expiry of the delegation. Here, the Commission believes that an indeterminate duration of the empowerment is justified because the legislator has the possibility to revoke an empowerment in all cases and at any time (see p. 7 of the Commission proposal COM(2016) 799 final).

6 Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 This decision concerns the implementing powers conferred on the Commission. Comment: regarding the choice between delegated and implementing acts empowerments, the Commission assumes that the 2013 evaluation (Omnibus proposals) remains valid, since neither the negotiations on those proposals, nor the case-law on this topic, nor the outcome of the IIA resulted in new criteria that would have called for a global reassessment (see pp. 4-5 of Commission proposal COM(2016) 799 final).

53 Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 The new Article 17(3) does not set out the duration of the Commission's empowerment to adopt delegated acts. The new Article 48a specifies that the power to adopt delegated acts referred to in Article 17(3) and Article 48 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Omnibus. Comment: 1. See box 2 of the table. 2. The new Article 17(3) stipulates that appeals procedures against decisions taken as a result of the evaluation of the EMAS Competent Bodies will be adopted via empowerment. This appears to come under the right to an effective remedy and access to an impartial tribunal as set out in Article 47 of the Charter of Fundamental Rights. However, the Commission cannot be empowered to adopt provisions relating to the protection of fundamental rights or the exercise thereof via delegation.

58 Council Regulation (EC) No 530/1999 of 9 March 1999 The new Article 10a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

59 Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 The new Article 5b stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date.

60 Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 The new Article 3(1)(1) states that each Member State shall collect statistical data. The new Article 5 on the accuracy of statistics requires the collection of data to be based on ‘complete returns’. Finally, Article 10a on the exercise of the delegation states that this will continue for an indeterminate period of time from a date to be decided later. Comment: the EESC notes that the concept of ‘complete returns’ can be applied to personal data as defined in Article 8 of the Charter of Fundamental Rights, and emphasises that the Court of Justice of the EU has ruled that this data cannot be subject to the delegation procedure (see Case C-355/10, Parliament v Council, and the EESC opinion in OJ C 67/104 of 6.3.2014).

61 Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 The new Article 11a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

64 Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 The new Article 13a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

67 Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 The new Article 9a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

69 Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 The new Article 10a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

70 Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 The new Article 15a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. The new Article 8a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date.

73 Regulation (EC) No 452/2008 of the European Parliament and of the Council of 23 April 2008 The new Article 6a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date.

74 Regulation (EC) No 453/2008 of the European Parliament and of the Council of 23 April 2008 The new Article 8a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the new Article 7 states that the Commission is empowered to adopt delegated acts […] for the establishment of a series of feasibility studies […] undertaken by those Member States that have difficulties in providing data. It wonders whether the nature of data on human health focuses on the health of job applicants, in which case this would constitute personal data that cannot be included in the delegation procedure (see Case C-355/10 cited above).

89 Directive 2006/42/EC of the European Parliament and of the Council The new Article 21a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

99 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 The new Article 31a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

104 Council Directive 97/70/EC of 11 December 1997 The new Article 8a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

114 Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 The new Article 10a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.

143 Directive 2002/46/EC of 10 June 2002 The new Article 12a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that Directive 2002/46/EC harmonises the rules on food supplements in order to protect consumers from potential health risks and to ensure that the information on these products does not mislead consumers. It therefore relates to the application of Article 38 of the Charter of Fundamental Rights. Scrutiny by Member States’ experts and the European Parliament must, therefore, be as extensive as possible.

144 Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 The new Article 27a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the directive sets standards of quality and safety for the collection of human blood and blood components for therapeutic purposes. It therefore contributes to implementing the fundamental right to health care as set out in Article 35 of the Charter of Fundamental Rights. Scrutiny by Member States’ experts and the European Parliament must, therefore, be as extensive as possible.

147 Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 The new Article 34 stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the regulation states that ‘A high level of protection of human life and health should be ensured in the pursuit of Community policies’. It therefore relates to the application of Article 35 of the Charter of Fundamental Rights. Scrutiny by Member States' experts and the European Parliament must be as extensive as possible.

151 Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 The new Article 13a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the regulation aims to ‘ensure the detection and control of Salmonella at every stage, particularly during primary production (in this context, the breeding and raising of poultry and other livestock) and in animal feed, to reduce its prevalence and the risk to public health’. It therefore relates to the application of Article 35 of the Charter of Fundamental Rights. Scrutiny by Member States' experts and the European Parliament must be as extensive as possible.

152 Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 The new Article 28a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the directive relates to the protection of health as set out in Article 35 of the Charter of Fundamental Rights, and that it delegates to the Commission the power to adopt acts in accordance with Article 290 TFEU to supplement the directive with traceability requirements. The EESC is of the view that this delegation is too broad and that it risks affecting essential elements. It therefore appears to infringe the case-law of the Court of Justice of the EU (see Case C-355/10 cited above).

158 Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 The new Article 24a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the regulation relates to the application of Articles 35 and 38 of the Charter of Fundamental Rights and that the delegation encompasses ‘measures determining the foods or categories of foods for which nutrition or health claims are to be restricted or prohibited’. The EESC believes that the terms used are liable to include essential measures which cannot be the subject of a delegation under Article 290 TFEU.

159 Regulation (EC) No 1925/2006 of 20 December 2006 The new Article 13a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the regulation relates to the application of Articles 35 and 38 of the Charter of Fundamental Rights and that it aims to improve consumer protection by setting additional labelling rules. 3. In this regard, scrutiny by Member States’ experts and the European Parliament in connection with amendments to Annexes I and II to this regulation must be as extensive as possible.

165 Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 The new Article 24a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: 1. See box 2 of the table. 2. The EESC notes that the regulation relates to the application of Article 35 of the Charter of Fundamental Rights and that the delegation encompasses the Commission's power to adopt rules on actions in case of confirmed presence of a prohibited non-authorised substance. This delegation seems to be too broad and risks affecting essential elements. It therefore appears to infringe the case-law of the Court of Justice of the EU (see Case C-355/10 cited above).

166 Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 The new Article 27a stipulates that the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from a given date. Comment: See box 2 of the table.