RPS nearly gone, but not quite

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RPS nearly gone,  but not quite

The Commission has been trying since 2013 to switch out existing regulatory procedure with scrutiny over to delegated acts. They need to do it to bring it into line with the Lisbon Treaty (Article 290 & 291).

It has been a tricky file.  

Looking at compromise text of 22 February 2019, it looks like a deal of sorts may be reached before the European Parliament goes into recess. 

To save you the time, I have browsed the 311 pages compromise text, and listed the 62 pieces of legislation where RPS measures become delegated acts (see below).

It is not identical to the Commission’s 14 December 2016 (link)proposal. That’s was a pale imitation of the original proposals (Omnibus I,IIand III)withdrawn. 

Some files, like REACH and Cosmetics, have just been too sensitive to put into the mix.

It means that for the next few years, we will continue working with (1) RPS, (2) delegated acts, and (3) implementing acts.

Source of the Tension

The problem is that Member States lack trust in the Commission. This stems from that there are no formal guarantees that the Commission will consult the Member States experts in the preparation of delegated acts.

These tensions come up when new legislation is being debated. During the update of the POP Regulation, Poland wanted every new substance listed to be dealt with by the ordinary legislation. Germany and Denmark express reservations about delegated acts.


Member States reservations are less about placing the European Parliament on a level playing field with them. It seems that they are worried that the Commission will ignore the advice from Member States Committees.

I have taken the view that the Commission’s clients are the Member States. It’s not a good place to ignore your client and push on them proposals they object to. Whilst it is hard to get 28 countries supporting you, and it is not uncommon to have one- or two-Member States voting against a proposal in a Member State Committee, it is another matter when 10 or more are against. 

Yet, I recently  heard of Commission official reminding Member States in a (RPS) Committee  that these new rules will mean that the only way the Commission’s proposal can be over-turned is by a Super Qualified Majority. 

Other Observations

The European Parliament and Council usually have two months to object, extendable by two months. But, some pieces of legislation, use three months and a few one month. You’ll need to check the law directly. 

Sometimes, the delegation has been removed in whole (Regulation 1257/96, humanitarian aid and Decision 70/2008/EC on a paperless environment for customs and trade) or in part (Directive 2009/34 relating to common provisions for both measuring instruments and methods of metrological control).  Most were a spring cleaning and updating RPS to a delegated act.

Annex

  • Communication Networks, Content and Technology
  • Regulation 733/2002, implementation of the .eu Top Level Domain.

Humanitarian and Civil Protection

  • Regulation 1257/96, humanitarian aid – removed 

Employment, Social Affairs and Inclusion

  • Council Directive 89/654/EEC, minimum safety and healthy requirements for the workplace
  • Council Decision on the Advisory Committee on Safety and Heath at Work
  • Council Directive 89/656 on personal protective equipment at the workplace
  • Directive 90/269 on manual handling of loads
  • Directive 90/27 0requirement for work with display screen equipment 
  • Directive 92/29 medical treatment on board vessels 
  • Directive 92/58, provision of safety and/or health signs at work 
  • Directive 94/33, on the protection of young people at work 
  • Council Directive 98/24, on the protection of the health and safety of workers from the risks related to chemicals agents at work 
  • Directive 2002/44, risks from physical agents (vibration_
  • Directive 2003/10 on exposure of workers to the risks arising from physical agents (noise)
  • Directive 2004/47/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work
  • Directive 2009/148/EC protection of workers from the risks related to exposure to asbestos at work 

Energy

  • Regulation 12222/2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters

Environment

  • Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminal to service stations
  • Directive 2002/49/EC on assessment and management of environmental noise
  • Directive 2004/42/EC pm the limitation of emissions from volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refining products
  • Regulation 166/2006, concerning the establishment of a European Pollutant Release and Transfer Register
  • Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures
  • Directive 2009/126 on Stage II petrol vapour recovery during refueling of motor vehicles at service stations

EUROSTAT

  • Regulation 1893/2006, establishing the statistical classification of economic activities NACE 
  • Regulation 451/2008, establishing a new statistical classification of products by activity (CPA)

Internal Market, Industry, Entrepreneurship and SMEs

  • Council Directive 76/211, making-up by weight or volume of certain prepacked products
  • Directive 2000/14 relating to the noise emission in the environment by equipment for use outdoors
  • Directive 2004/9/ on the inspection and verification of good laboratory practice (GLP)
  • Directive 2006/42 on machinery
  • Directive 2009/34 relating to common provisions for both measuring instruments and methods of metrological control
  • Directive 2009/43 terms and conditions for transfers of defence related products within the Community
  • Directive 79/2009, on type approval of hydrogen-powered motor vehicles
  • Directive 2009/81 on the coordination procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security

Justice and Consumers

  • Council Directive 92/85 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and working who have recently given birth or are breastfeeding
  • Directive 2008/48/EC on credit agreements for consumers

Mobility and Transport

  • Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road
  • Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system
  • Regulation 2099/2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)
  • Directive 2003/325/EC on specific stability requirements for ro-ro passenger ships
  • Directive 2003/59 on initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers
  • Regulation 785/2004, on insurance requirement for air carriers and aircraft operators
  • Regulation 789/2004 on the transfer of cargo and passenger ships between registers within the Community
  • Directive 2005/44, on harmonized rivers services (RIS) and inland waterways in the Community
  • Directive 2005/65/EC on enhancing port security
  • Regulation 2111/2005 on the establishment of a Community list of air carriers subject to operating ban with the Community and in informing air transport passengers of the indemnity of the operating air carriers
  • Regulation 336/2006, on the implementation of the International Safety Management Code within the Community
  • Directive 2008/68/EC on the inland transport of dangerous goods
  • Directive 2009/15/EC on common rules and standards for ship inspection and survey organizations and for relevant activities of maritime administrations
  • Regulation 391/2009 on common rules and standards for ship inspection and survey organizations
  • Regulation 392/2009 on the liability of carriers of passengers by seas in the event of accidents

Health and Food Safety

  • Regulation 141/2000 on orphan medicinal products
  • Directive 2001/18 on the deliberate release into the environment of genetically modified organisms
  • Directive 2001/83/EC on the Community code relating to medicinal products for human use
  • Directive 2002/32/EC on undesirable substances in animal feed
  • Regulation 178/2002 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 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed related products from genetically modified organisms 
  • Regulation 1831/2003 on additives for use in animal nutrition
  • Regulation 2065/2003 on smoke flavorings used or intended for use in or on foods
  • Regulation 853/2004 laying down specific hygiene rules for food of animal origin
  • Regulation 183/2005 laying down requirements for feed hygiene
  • Regulation 1394/2007, on advanced therapy medicinal products 
  • Regulation 2009/128 establishing a framework for Community action to achieve the sustainable use of pesticides

Taxation and Customs Union

  • Decision 70/2008/EC on a paperless environment for customs and trade