Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1379/2013, Regulation (EU) No 167/2013 and Regulation (EU) No 168/2013 of the European Parliament and of the Council as regards certain reporting requirements
Date: 2023-10-17
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: Community certification, EC conformity marking, aquaculture, common organisation of markets, disclosure of information, exchange of information, fishery product, market supervision, marketing standard, vehicle

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   EUROPEAN COMMISSION  Brussels, 17.10.2023  COM(2023) 643 final 2023/0370 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1379/2013, Regulation (EU) No 167/2013 and Regulation (EU) No 168/2013 of the European Parliament and of the Council as regards certain reporting requirements  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
In  its  Communication  on  ‘Long-term  competitiveness  of  the  EU:  looking  beyond  2030’ (1), 
the  Commission  has  stressed  the  importance  of  a  regulatory  system  that  ensures  that 
objectives  are  reached  at  minimum  costs.  It  has  committed  therefore  to  a  fresh  push  to 
rationalise and simplify reporting requirements, with the ultimate aim to reduce such burdens 
by 25%, without undermining the related policy objectives.  

Reporting  requirements  play  a  key  role  in  ensuring  correct  enforcement  and  proper 
monitoring  of  legislation.  Their  costs  are  overall  largely  offset  by  the  benefit  they  bring,  in 
particular  in  monitoring  and  ensuring  compliance  with  key  policy  measures.  Reporting 
requirements can however also impose disproportionate burdens on stakeholders, particularly 
affecting  SMEs  and  micro-companies,  also  given  organisational  and 
technological 
developments  that  call  for  original  reporting  requirements  to  be  adjusted.  Their  cumulation 
over  time  can  result  in  redundant,  duplicating  or  obsolete  obligations,  inefficient  frequency 
and timing, or inadequate methods of collection.  

Streamlining reporting obligations and reducing administrative burdens is therefore a priority. 
In this context, the present proposal aims to simplify initiatives included in headline ambition 
‘A  European  Green  Deal’  in  the  policy  area  of  the  common  organisation  of  the  markets  in 
fishery and aquaculture products and affecting the fishing industry.  It will also simplify and 
eliminate certain reporting obligations in the area of the approval and market surveillance of 
agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles. 

The proposal  will rationalise reporting obligations by  removing reports which are no longer 
adding value in reaching the policy objectives (see more details below). 

The reporting requirements concern: public authorities. 

• 

Consistency with existing policy provisions in the policy area 

The proposal is part of a first package of measures to rationalise reporting requirements.  This 
is a step in a process looking comprehensively at existing reporting requirements, with a view 
to assess their continued relevance and to make them more efficient.  

The rationalisation introduced by these measures will not affect the achievement of objectives 
in the policy area, for the following reasons: 

– 

1 
2 

3 

The reporting  requirement  that  is  proposed to  be removed  in the policy  area of the 
common  organisation  of  the  markets  in  fishery  and  aquaculture  products  has  not 
proven to provide any longer an added value to the Union and does not contribute to 
the  objectives  of  Regulation  (EU)  No  1379/2013 (2).  The  reporting  obligation  in 
Council Regulation (EC) No 2406/96 (3) was introduced in relation to preventing the 
marketing  of  fish  below  a  given  degree  of  freshness  for  human  consumption  and 

COM(2023)168. 
Regulation  (EU)  No 1379/2013  of  the  European  Parliament  and  of  the  Council  of  11 December  2013  on  the 
common  organisation  of  the  markets  in  fishery  and  aquaculture  products,  amending  Council  Regulations  (EC) 
No 1184/2006  and  (EC)  No 1224/2009  and  repealing  Council  Regulation  (EC)  No 104/2000,  (OJ  L  354, 
28.12.2013, p. 1). 
Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain 
fishery products (OJ L 334, 23.12.1996. p. 1). 

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– 

– 

standardise  freshness  and  size  grades  used  at  first  sale  to  establish  price  levels  for 
market  interventions  prior  to  Regulation  (EU)  No  1379/2013.  Those  intervention 
measures were abolished in 2013 but the marketing standards remained in force. As 
food  safety  is  now  guaranteed  through  general  food  law (4),  the  related  reporting 
obligation has become much less relevant. 

The reporting requirements that are proposed to be removed in Regulation (EU) No 
167/2013 (5) have not proven to provide any longer an added value to the Union and 
do not contribute to its objectives. Regulation (EU) No 167/2013 sets out the rules on 
the approval and market surveillance of agricultural and forestry vehicles. Article 74 
and  75  of  that  Regulation  require  Member  States  to  inform  the  Commission  of  the 
application  of  the  type-approval  procedures  and  individual  vehicles  approvals 
respectively, and the Commission to submit reports to the European Parliament and 
the Council. Since the Commission carried out a study (6) on the questions subject to 
these  information  and  reporting  obligations  in  2022,  and  the  study  determined  that 
the type-approval and individual vehicles approvals procedures are satisfactory, this 
should no longer apply. 

The reporting requirements that are proposed to be removed in Regulation (EU) No 
168/2013 (7) have not proven to provide any longer an added value to the Union and 
do not contribute to its objectives. Regulation (EU) No 168/2013 sets out the rules on 
the  approval  and  market  surveillance  of  two-  or  three-wheel  vehicles  and 
quadricycles. Article 78 and 80 of that Regulation require Member States to inform 
the  Commission  of  the  application  of  the  type-approval  procedures  and  individual 
vehicles  approvals  respectively,  and  the  Commission  to  submit  reports  to  the 
European Parliament and the Council. Since the Commission carried out a study (8) 
on the questions subject to these information and reporting obligations in 2022, and 
the  study  determined  that  the  type-approval  and  individual  vehicles  approvals 
procedures are satisfactory, this should no longer apply . 

• 

Consistency with other Union policies 

Under the Regulatory Fitness and Performance Programme (REFIT), the Commission ensures 
that  its  legislation  is  fit  for  purpose,  targeted  to  the  needs  of  stakeholders  and  minimizes 
burdens  while  achieving  its  objectives.  This  proposal  is  therefore  part  of  the  REFIT 
programme,  reducing  the  complexity  of  reporting  burdens  arising  from  the  EU  legal 
environment. 

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In particular, Article 14(2) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 
January  2002  laying  down  the  general  principles  and  requirements  of  food  law,  establishing  the  European  Food 
Safety Authority and laying down procedures in matters of food safety. 
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the 
approval and market surveillance of agricultural and forestry vehicles, OJ L 60, 2.3.2013, p. 1–51. 
European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, 
Benders,  B.,  Guy,  I.,  Redhead,  M.  et  al.,  Study  to  improve  certain  type-approval  procedures  and 
technical  requirements  of  Regulation  (EU)  No  167/2013:  final  report,  Publications  Office  of  the 
European Union, 2022, https://data.europa.eu/doi/10.2873/03501 
Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the 
approval and market surveillance of two- or three-wheel vehicles and quadricycles, OJ L 60, 2.3.2013, 
p. 52–128. 
European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, 
Benders, B., Guy, I., Redhead, M. et al., Study to assess the vehicle structure integrity requirements and 
the  type-approval  procedures  for  L-cat  vehicles:  final  report,  Publications  Office  of  the  European 
Union, 2022, https://data.europa.eu/doi/10.2873/64010 

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While  certain  reporting  requirements  are  essential,  they  need  to  be  as  efficient  as  possible, 
avoiding overlaps, removing unnecessary burdens and using as much as possible digital and 
interoperable solutions.  

The current proposal rationalises reporting requirements thus making the achievement of the 
objectives of legislation more efficient and less burdensome for public authorities. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal  is  based  on  Articles  43(2)  and  114  of  the  Treaty  on  the  Functioning  of  the 
European Union, which are the legal basis of the acts it amends. 

• 

Subsidiarity (for non-exclusive competence)  

The  reporting  requirements  concerned  are  imposed  by  EU  law.  Their  rationalisation  can 
therefore  only  be  done  at  EU  level.  This  will  ensure  a  level  playing  field  for  public 
administrations across the EU, which will be benefiting from the rationalisation of reporting 
requirements arising from these proposals. 

• 

Proportionality 

The  rationalisation  of  reporting  requirements  simplifies  the  legal  framework  by  introducing 
minimum changes to existing requirements that do not affect the substance of the wider policy 
objective.  The  proposal  is  therefore  limited  to  those  changes  that  are  necessary  to  ensure 
efficient  reporting  without  changing  any  of  the  substantial  elements  of  the  legislation 
concerned.  

• 

Choice of the instrument 

Given  that  the  targeted  amendment  aims  to  modify  provisions  of  Regulation  (EU)  No 
1379/2013, this  proposal  takes  the  form  of  a  Regulation  amending  Regulation  (EU)  No 
1379/2013. 

Given  that  the  targeted  amendment  aims  to  modify  provisions  of  Regulation  (EU)  No 
167/2013,  this  proposal  takes  the  form  of  a  Regulation  amending  Regulation  (EU)  No 
167/2013. 

Given  that  the  targeted  amendment  aims  to  modify  provisions  of  Regulation  (EU)  No 
168/2013,  this  proposal  takes  the  form  of  a  Regulation  amending  Regulation  (EU)  No 
168/2013. 

The targeted amendments only concern reporting requirements and therefore are suitable to be 
included in a single proposal. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

3. 

• 

N/A  

• 

N/A  

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• 

Collection and use of expertise  

This proposal has been identified following a process of internal scrutiny of existing reporting 
obligations and based on the experience from implementation of the related legislation. Since 
this is a step in the process of continuous assessment of reporting requirements arising from 
EU legislation, the scrutiny of such burdens and of their impact on stakeholders will continue. 

• 

Impact assessments 

The proposal concerns limited and targeted amendment of legislation in view of rationalising 
reporting requirements. The proposed change is based on experience from implementing the 
legislation. The amendment does not have significant impacts on the policy, but only ensures 
a  more  efficient  and  effective  implementation.  Its  targeted  nature  and  the  lack  of  relevant 
policy options make an impact assessment not necessary.  

• 

Regulatory fitness and simplification 

This is a REFIT proposal, aiming to simplify legislation and cut burdens for stakeholders.  

While  the  proposal  in  respect  of  the  common  organisation  of  the  markets  in  fishery  and 
aquaculture products does not directly affect individual businesses, it will remove a reporting 
obligation  and  the  related  cost  /  burden  for  public  authorities  by  eliminating  the  need  to 
maintain lists of designated experts and trade associations for the grading of fishery products. 

 In the area of the approval and market surveillance of agricultural and forestry vehicles and 
two- or three-wheel vehicles and quadricycles, the proposal will remove reporting obligations 
and  related  burden  for  public  authorities  by  deleting  the  need  for  Member  States  to  report 
back  on  information  that  has  already  been  made  available  to  the  Commission  by  a  separate 
study.  

• 

Fundamental rights 

N/A.  

4. 

BUDGETARY IMPLICATIONS 

N/A.  

5. 

• 

N/A. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Detailed explanation of the specific provisions of the proposal 

Regulation (EU) No 1379/2013 of the European Parliament and of the Council provides that 
rules  establishing  common  marketing  standards  laid  down  in  Council  Regulation  No 
2406/96 shall  continue  to  apply.  Article  13  of  Council  Regulation  (EC)  No  2406/96 
requires each  Member  State  to  supply  the  other  Member  States  and  the  Commission  with  a 
list of the names and addresses of the experts and trade organisations appointed for grading 
the  fishery  products  for  freshness  and  size  and  to  inform  of  any  updates  to  the  list.  This 
reporting  obligation  was  introduced  in  relation  to  preventing  the  marketing  of  fish  below  a 
given degree of freshness for human consumption and standardise freshness  and size grades 
used at first sale to establish price levels for market interventions prior to Regulation (EU) No 
1379/2013. Those intervention measures were abolished in 2013 but the marketing standards 

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remained in force. As food safety is now guaranteed through general food law (9), the related 
reporting  obligation  has  become  much  less  relevant.  Consequently,  the  reporting  obligation 
should no longer apply. 

Regulation  (EU) No 167/2013  sets  out  the rules on the approval  and market  surveillance of 
agricultural and forestry vehicles. Article 74 and 75 of that Regulation require Member States 
to inform the Commission of the application of the type-approval procedures and individual 
vehicles  approvals  respectively,  and  the  Commission  to  submit  reports  to  the  European 
Parliament  and  the  Council.  Since  the  Commission  carried  out  a  study (10)  on  the  questions 
subject to these information and reporting obligations in 2022, and the study determined that 
the type-approval and individual vehicles approvals procedures are satisfactory, this should no 
longer apply. 

Regulation  (EU) No 168/2013  sets  out  the rules on the approval  and market  surveillance of 
two-  or  three-wheel  vehicles  and  quadricycles.  Article  78  and  80  of  that Regulation  require 
Member States to inform the Commission of the application of the type-approval procedures 
and individual vehicles approvals respectively, and the Commission to submit reports to the 
European Parliament and the Council. Since the Commission  carried out a study (11)  on the 
questions  subject  to  these  information  and  reporting  obligations  in  2022,  and  the  study 
determined  that  the  type-approval  and  individual  vehicles  approvals  procedures  are 
satisfactory, this should no longer apply.  

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10 

11 

In particular, Article 14(2) of Regulation (EC) No 178/2002. 
European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, 
Benders,  B.,  Guy,  I.,  Redhead,  M.  et  al.,  Study  to  improve  certain  type-approval  procedures  and 
technical  requirements  of  Regulation  (EU)  No  167/2013:  final  report,  Publications  Office  of  the 
European Union, 2022, https://data.europa.eu/doi/10.2873/03501 
European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, 
Benders, B., Guy, I., Redhead, M. et al., Study to assess the vehicle structure integrity requirements and 
the  type-approval  procedures  for  L-cat  vehicles:  final  report,  Publications  Office  of  the  European 
Union, 2022, https://data.europa.eu/doi/10.2873/64010 

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2023/0370 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) No 1379/2013, Regulation (EU) No 167/2013 and Regulation 
(EU) No 168/2013 of the European Parliament and of the Council as regards certain 
reporting requirements 

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 
Articles 43(2) and 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee 1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure  

Whereas: 

(1) 

(2) 

(3) 

Reporting  requirements  play  a  key  role  in  ensuring  proper  monitoring  and  correct 
enforcement of legislation. However, it is important to streamline those requirements, 
in order to ensure that they fulfil the purpose for which they were intended and to limit 
the administrative burden. 

Streamlining reporting obligations and reducing administrative burdens is therefore a 
priority.  Regulations  (EU)  No  1379/2013,  Regulation  (EU)  No  167/2013  and 
Regulation (EU) No 168/2013 of the European Parliament and of the Council contain 
a  number  of  reporting  requirements  in  the  fields  of  marketing  standards  and  market 
surveillance  which  should  be  simplified 
the  Commission’s 
Communication on ‘Long-term competitiveness of the EU: looking beyond 2030”3. 

line  with 

in 

This  Regulation  removes  and  simplifies  reporting  requirements  which  are  no  longer 
deemed  necessary  in  the  area  of  the  common  organisation  of  the  markets  in  fishery 
and  aquaculture  products  and  affecting  the  fishing  industry  and  in  the  area  of  type 
approval and market surveillance of agricultural and forestry vehicles, two- and three-
wheel vehicles and quadricycles. 

1 

2 

3 

OJ C , , p. . 

OJ C , , p. . 

COM(2023)168. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Regulation  (EU)  No  1379/20134 of  the  European  Parliament  and  of  the  Council 
provides that rules establishing common marketing standards, in particular  those laid 
down in, inter alia, Council Regulation (EC) No 2406/965 shall continue to apply, 

Article  13  of  Council  Regulation  (EC)  No  2406/96  requires each  Member  State  to 
supply  the  other  Member  States  and  the  Commission  with  a  list  of  the  names  and 
addresses  of  the  experts  and  trade  organizations  appointed  for  grading  the  fishery 
products  for  freshness  and  size  before  the  entry  into  force  of  the  Regulation,  and  to 
subsequently also inform of any updates to the list.  

Since this requirement is outdated and no longer necessary to achieve the objectives of 
Regulation (EU) No 1379/2013, it should no longer apply. 
Regulation  (EU)  No  167/20136  sets  out  the  rules  on  the  approval  and  market 
surveillance of agricultural and forestry vehicles. 

Article 74 and 75 of Regulation (EU) No 167/2013 require Member States to inform 
the  Commission  of  the  application  of  the  type-approval  procedures  and  individual 
vehicles approvals respectively, and the Commission to submit reports to the European 
Parliament  and  the  Council.  Since  the  Commission  carried  out  a  study7  on  the 
questions subject to these information and reporting obligations in 2022, and the study 
determined  that  the  type-approval  and  individual  vehicles  approvals  procedures  are 
satisfactory, it should no longer apply. 
Regulation  (EU)  No  168/20138  sets  out  the  rules  on  the  approval  and  market 
surveillance of two- or three-wheel vehicles and quadricycles. 

(10)  Article 78 and 80 of Regulation (EU) No 168/2013 require Member States to inform 
the  Commission  of  the  application  of  the  type-approval  procedures  and  individual 
vehicles approvals respectively, and the Commission to submit reports to the European 
Parliament  and  the  Council.  Since  the  Commission  carried  out  a  study9  on  the 
questions subject to these information and reporting obligations in 2022, and the study 
determined  that  the  type-approval  and  individual  vehicles  approvals  procedures  are 
satisfactory, it should no longer apply. 

4 

5 

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9 

Regulation  (EU)  No 1379/2013  of  the  European  Parliament  and  of  the  Council  of  11 December  2013  on  the 
common  organisation  of  the  markets  in  fishery  and  aquaculture  products,  amending  Council  Regulations  (EC) 
No 1184/2006  and  (EC)  No 1224/2009  and  repealing  Council  Regulation  (EC)  No 104/2000,  (OJ  L  354, 
28.12.2013, p. 1). http://data.europa.eu/eli/reg/2013/1379/2020-04-25 
Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards 
for certain fishery products (OJ L 334, 23.12.1996, p. 1). http://data.europa.eu/eli/reg/1996/2406/2005-
06-02  
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the 
approval  and  market  surveillance  of  agricultural  and  forestry  vehicles,  OJ  L  60,  2.3.2013,  p.  1. 
http://data.europa.eu/eli/reg/2013/167/2019-04-18 
European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, 
Benders,  B.,  Guy,  I.,  Redhead,  M.  et  al.,  Study  to  improve  certain  type-approval  procedures  and 
technical  requirements  of  Regulation  (EU)  No  167/2013:  final  report,  Publications  Office  of  the 
European Union, 2022, https://data.europa.eu/doi/10.2873/03501  
Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the 
approval and market surveillance of two- or three-wheel vehicles and quadricycles, OJ L 60, 2.3.2013, 
p. 52. http://data.europa.eu/eli/reg/2013/168/2020-11-14 
European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, 
Benders, B., Guy, I., Redhead, M. et al., Study to assess the vehicle structure integrity requirements and 
the  type-approval  procedures  for  L-cat  vehicles:  final  report,  Publications  Office  of  the  European 
Union, 2022, https://data.europa.eu/doi/10.2873/64010  

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(11)  Regulation  (EU) No 1379/2013,  Regulation  (EU) No 167/2013  and Regulation  (EU) 

No 168/2013 should therefore be amended accordingly. 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendment  

(1) 

Regulation (EU) No 1379/2013 is hereby amended as follows: 

In Article 47 of Regulation (EU) No 1379/2013, paragraph 1 is replaced by the following: 

´Without  prejudice  to  paragraph  2,  rules  establishing  common  marketing  standards,  in 
particular  those  laid  down  in  Council  Regulation  (EEC)  No  2136/8910,  Council  Regulation 
(EEC) No 1536/9211  and Council Regulation (EC) No 2406/9612 shall continue to apply with 
the  exception  of  Article  13  of  Regulation  (EC)  No  2406/96.  Other  rules  adopted  for  the 
application  of  common  marketing  standards,  such  as  those  laid  down  in  Commission 
Regulation (EEC) No 3703/8513 shall continue to apply.` 

(2) 

Regulation (EU) No 167/2013 is amended as follows: 

(a)  Article 74 is deleted. 

(b)  Article 75 is deleted. 

(3) 

Regulation (EU) No 168/2013 is amended as follows: 

(a)  Article 78 is deleted. 

(b)  Article 80 is deleted. 

Article 2 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  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 
The President 

For the Council 
The President 

10 

11 

12 

13 

Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for 
preserved sardines and trade descriptions for preserved sardines and  sardine-type products (OJ L 212, 
22.7.1989, p. 79). http://data.europa.eu/eli/reg/1989/2136/2008-12-31 
Council Regulation (EEC) No  1536/92 of 9 June 1992 laying down common marketing standards for 
preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1). http://data.europa.eu/eli/reg/1992/1536/oj 
Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards 
for certain fishery products (OJ L 334, 23.12.1996, p. 1). http://data.europa.eu/eli/reg/1996/2406/2005-
06-02 
Commission  Regulation  (EEC)  No  3703/85  of  23  December  1985  laying  down  detailed  rules  for 
applying  the  common  marketing  standards  for  certain  fresh  or  chilled  fish  (OJ  L 351,  28.12.1985, 
p. 63). http://data.europa.eu/eli/reg/1985/3703/2006-07-28 

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