REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred to the Commission under Council Directive 96/16/EC on statistical surveys of milk and milk products
Date: 2023-03-24
Institutions: European Commission, Eurostat
Subjects: EU statistics, European Commission, agricultural statistics, data collection, delegated legislation, disclosure of information, milk product, powers of the institutions (EU), production statistics, transfer of competence

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   EUROPEAN COMMISSION  Brussels, 24.3.2023  COM(2023) 169 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred to the Commission under Council Directive 96/16/EC on statistical surveys of milk and milk products  
 
 
1. 

INTRODUCTION 
Council  Directive  96/16/EC  on  statistical  surveys  of  milk  and  milk  products1  was 
adopted  on  19 March  1996.  It  was  amended  by  Regulation  (EU)  No 1350/2013  of 
the European Parliament and of the Council of 11 December 2013 amending certain 
legislative  acts  in  the  field  of  agricultural  and  fishery  statistics2  to  align 
implementing powers with the Treaty on the Functioning of the European Union. 

Article 3(2)  of  the  Directive  confers  on  the  Commission  the  power  to  adopt 
delegated acts ‘to amend the list of milk products covered by the surveys and to lay 
down the standard definitions applicable for the communication of the results for the 
various  products’.  The  amendments  introduced  in  the  delegated  acts  must  be  duly 
justified  by  input  from  experts  based  on  a  cost-effectiveness  analysis,  where 
appropriate. This should include an assessment of the burden on respondents and an 
estimate of production costs. 

The  list  of  milk  products  and  their  standard  definitions  are  set  out  in  Annex  I  to 
Commission  Decision  97/80/EC  of  18 December  1996  laying  down  provisions  for 
the implementation of Council Directive 96/16/EC on statistical surveys of milk and 
milk products3. 

Under Article 6a(2) to the Directive, the power to adopt delegated acts is conferred 
for a period of 5 years from 10 January 2014. This power was tacitly renewed until 
10 January 2024 in 20194. 

Council Directive 96/16/EC will be repealed by  Regulation (EU) 2022/2379 of the 
European  Parliament  and  of  the  Council  of  23 November  2022  on  statistics  on 
agricultural input and output, amending Commission Regulation (EC) No 617/2008 
and  repealing  Regulations  (EC)  No 1165/2008,  (EC)  No 543/2009  and  (EC) 
No 1185/2009 of the European Parliament and of the Council and Council Directive 
96/16/EC5 as of 1 January 2025. 

The Commission is obliged to draw up a report on the delegation of power no later 
than 9 months before the end of the 5-year period. This report fulfils that obligation. 

2. 

COMMISSION  EXERCISE  OF  DELEGATED  POWERS  UNDER  COUNCIL  DIRECTIVE 
96/16/EC 

The Commission has not yet exercised the power to adopt delegated acts conferred 
on it by Directive 96/16/EC. 

The  changes  in  the  technological  and  economic  conditions  were  so  minor  that  no 
amendment to the list of milk products was necessary during the period in question.  

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OJ L 78, 28.3.1996, p.  27–-29. 
OJ L 351, 21.12.2013, p.  1–-14. 
OJ L 24, 25.1.1997, p.  26–-49. 
COM/2018/012 final.   
OJ L 315, 7.12.2022, p.  1. 

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3. 

CONCLUSIONS 

The Commission has not yet exercised the power to adopt delegated acts conferred 
on it by Council Directive 96/16/EC. 

Furthermore,  the  Commission  does  not  envisage  exercising  the  delegated  powers 
conferred  on  it,  as  Regulation  (EC)  No 1165/2008  will  be  repealed  by  Regulation 
(EU) No 2022/2379 as of 1 January 2025. 

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