Regulation (EU) 2024/2838 of the European Parliament and of the Council of 23 October 2024 amending Regulations (EU) No 1379/2013, (EU) No 167/2013 and (EU) No 168/2013 as regards certain reporting requirements (Text with EEA relevance)
Date: 2024-10-23
Institutions: Council of the European Union, European Parliament
Subjects: Community certification, EC conformity marking, aquaculture, common organisation of markets, disclosure of information, exchange of information, fishery product, market supervision, marketing standard, vehicle




L_202402838EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2838


7.11.2024







            REGULATION (EU) 2024/2838 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 23 October 2024
         
amending Regulations (EU) No 1379/2013, (EU) No 167/2013 and (EU) No 168/2013 as regards certain reporting requirements
(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 43(2) and Article 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),


After consulting the Committee of the Regions,


Acting in accordance with the ordinary legislative procedure (2),

Whereas:







(1)


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












(2)


Streamlining reporting obligations and reducing the administrative burden is therefore a priority. Regulations (EU) No 1379/2013 (3), (EU) No 167/2013 (4) and (EU) No 168/2013 (5) 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 in line with the Commission’s Communication of 16 March 2023 entitled ‘Long-term competitiveness of the EU: looking beyond 2030’.












(3)


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.












(4)


Regulation (EU) No 1379/2013 provides that rules establishing common marketing standards, in particular those laid down in, inter alia, Council Regulation (EC) No 2406/96 (6) are to continue to apply.












(5)


Article 13 of Regulation (EC) No 2406/96 requires that each Member State is to provide the other Member States and the Commission with a list of the names and addresses of the experts and trade organisations appointed for grading fishery products for freshness and size not later than one month before the entry into force of that Regulation, and is to subsequently inform the other Member States and the Commission of any amendments to the list. As that requirement is outdated and no longer necessary to achieve the objectives of Regulation (EU) No 1379/2013, it should no longer apply.












(6)


Regulation (EU) No 167/2013 sets out the rules on the approval and market surveillance of agricultural and forestry vehicles.












(7)


Articles 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 of individual vehicle approvals respectively, and require the Commission to submit reports to the European Parliament and to the Council. In 2022, the Commission carried out a study on the matters subject to those information and reporting obligations. As that study determined that the type-approval procedures and individual vehicle approvals are satisfactory, those information and reporting obligations should no longer apply.












(8)


Regulation (EU) No 168/2013 sets out the rules on the approval and market surveillance of two- or three-wheel vehicles and quadricycles.












(9)


Articles 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 of individual vehicle approvals respectively, and require the Commission to submit reports to the European Parliament and to the Council. In 2022, the Commission carried out a study on the matters subject to those information and reporting obligations. As that study determined that the type-approval procedures and individual vehicle approvals are satisfactory, those information and reporting obligations should no longer apply.












(10)


Since the objective of this Regulation, namely to streamline the reporting requirements laid down in Regulations (EU) No 1379/2013, (EU) No 167/2013 and (EU) No 168/2013, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.












(11)


Regulations (EU) No 1379/2013, (EU) No 167/2013 and (EU) No 168/2013 should therefore be amended accordingly,





HAVE ADOPTED THIS REGULATION:



Article 1

Amendment to Regulation (EU) No 1379/2013

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


‘1.   Without prejudice to paragraph 2, rules establishing common marketing standards, in particular those laid down in Council Regulation (EEC) No 2136/89 (*1), Council Regulation (EEC) No 1536/92 (*2) and Council Regulation (EC) No 2406/96 (*3), with the exception of Article 13 thereof, shall continue to apply. Rules adopted for the application of common marketing standards, such as those laid down in Commission Regulation (EEC) No 3703/85 (*4), shall continue to apply.




Article 2

Amendments to Regulation (EU) No 167/2013

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






(1)


Article 74 is deleted;










(2)


Article 75 is deleted.






Article 3

Amendments to Regulation (EU) No 168/2013

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






(1)


Article 78 is deleted;










(2)


Article 80 is deleted.






Article 4

Entry into force

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 Strasbourg, 23 October 2024.


For the European Parliament


The President

R. METSOLA
            



For the Council


The President


               ZSIGMOND B. P.





(1)  
            OJ C, C/2024/1587, 5.3.2024, ELI: http://data.europa.eu/eli/C/2024/1587/oj.

(2)  Position of the European Parliament of 28 February 2024 (not yet published in the Official Journal) and decision of the Council of 8 October 2024.

(3)  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).

(4)  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).

(5)  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).

(6)  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).


ELI: http://data.europa.eu/eli/reg/2024/2838/oj
ISSN 1977-0677 (electronic edition)