REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC
Date: 2023-06-22
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: EC conformity marking, European Commission, European standard, delegated legislation, gas appliance, harmonisation of standards, market approval, market supervision, powers of the institutions (EU), standard

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  EN 

   EUROPEAN COMMISSION  Brussels, 22.6.2023  COM(2023) 325 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC   
 
 
INTRODUCTION 

Regulation  (EU)  2016/4261  lays  down  requirements  on  the  design  and  manufacture  of 
appliances burning gaseous fuels and rules on their free movement in the Union. Article 4(2) 
of  the  Regulation  empowers  the  Commission  to  adopt  delegated  acts  in  accordance  with 
Article 41 concerning modifications to the content of the Member States' communications of 
the  gas  supply  conditions  on  their  territory,  as  set  out  in  Annex  II,  in  order  to  take  into 
account the technical developments with regard to the gas supply conditions.  

LEGAL BASIS 

This  report  is  required  under  Article  41(2)  of  Regulation  (EU)  2016/426.  Pursuant  to  that 
provision, the power to adopt delegated acts is conferred on the Commission for a period of 
five years from 21 April 2018 and the Commission is required to prepare a report in respect of 
the delegation of power not later than nine months before the end of the five-year period. 

EXERCISE OF THE DELEGATION 

Since the entry into force of Regulation (EU) 2016/426, the Commission has not made use of 
the empowerment. No delegated act has been adopted yet. 

However,  the  reasons,  which  have  led  the  co-legislators  to  delegate  the  power  to  adopt 
delegated  acts  on  the  Commission,  are  still  valid  and  the  Commission  may  indeed  need  to 
make  use  of  the  empowerment  in  the  future.  For  example,  the  Regulation  sets  out  to  the 
Member  States  the  obligation  to  communicate  to  the  Commission  and  the  other  Member 
States  the  types  of  gas  and  corresponding  supply  pressures  of  gaseous  fuels  used  on  their 
territory in accordance with Annex II. Due to the fast evolving gas market and increase in use 
of gaseous fuels  from alternative sources including renewable gas, the parameters and other 
information  as  requested  in  Annex  II  may  need  to  be  complemented  with  additional 
requirements. The Commission might therefore make use of the empowerment to modify the 
content of the Member States' communications of the gas supply conditions on their territory. 

CONCLUSION 

The Commission believes that, despite of the fact that to date the Commission has not adopted 
any delegated act, the delegation of power as stated in Article 4 of Regulation (EU) 2016/426 
should be tacitly extended for a period of five years, in accordance with Article 41(2) of the 
Regulation.  

The Commission invites the European Parliament and the Council to take note of this report. 

1 Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances 
burning gaseous fuels and repealing Directive 2009/142/EC (OJ L 81, 31.3.2016, p. 99). 

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