It’s time to take a deeper dive into the successful challenges to delegated acts (link).
The Commission’s register of delegated acts makes the job a lot easier. The creaking comitology register makes the job a lot harder.
The Council launched five successful challenges, and the European Parliament ten.
In the same time, 814 delegated acts were adopted.
That’s just under a two per cent success rate in blocking a delegated act.
Council Successful Challenges
18 July 2019: supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the deployment and operational use of cooperative intelligent transport systems (link)
6 June 2019: measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure – Council (link)
7 March 2019: .. supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies (link)
7 November 2014: on the transmission format for research and development expenditure data, as referred to in Regulation (EU) No 549/2013 of the European Parliament and of the Council on the European System of national and regional accounts in the European Union (link)
9 December 2013: Décision déléguée de la Commission concernant l’adoption des normes minimales communes visées dans la décision n° 1104/2011/UE du Parlement européen et du Conseil relative aux modalités d’accès au service public réglementé offert par le système mondial de radionavigation par satellite issu du programme Galileo (link)
European Parliament Successful Challenges
27 March 2019: mending Annex II to Regulation (EU) No 516/2014 of the European Parliament and of the Council establishing the Asylum, Migration and Integration Fund (link)
27 March 2019: amending Annex II to Regulation (EU) No 515/2014 of the European Parliament and of the Council establishing as part of the Internal Security Fund, the instrument for financial support for external borders and visa (link)
14 June 2018: amending Delegated Regulation (EU) 2017/118 establishing fisheries conservation measures for the protection of the marine environment in the North Sea (link)
17 May 2017: amending Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council, as regards deleting Guyana from the table in point I of the Annex and adding Ethiopia to that table (link)
19 January 2017: amending Commission Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 by identifying high-risk third countries with strategic deficiencies (link)
14 September 2016: on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (link)
20 January 2016: supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for processed cereal-based food and baby food (link)
20 May 2015: amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in illumination and display lighting applications (link)
20 May 2015: egards the obligation to present a licence for imports of ethyl alcohol of agricultural origin and repealing Regulation (EC) No 2336/2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (link)
15 January 2014: on the provision of food information to consumers as regards the definition of ‘engineered nanomaterials (link)
Unsuccessful challenges
The EP has launched 4 challenges that were not adopted. One of the objections was adopted by the Council.
4 July 2018: Commission Delegated Decision (EU) 2018/1102 of 6 June 2018 amending Annex III to Decision No 466/2014/EU of the European Parliament and of the Council granting an EU guarantee to the European Investment Bank against losses under financing operations supporting investment projects outside the Union, as regards Iran (link)
17 April 2019: COMMISSION DELEGATED REGULATION (EU) …/… supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the deployment and operational use of cooperative intelligent transport systems – EP note objection adopted by Council
17 January 2018: Commission Delegated Regulation (EU) 2018/212 of 13 December 2017 amending Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council, as regards adding Sri Lanka, Trinidad and Tobago, and Tunisia to the table in point I of the Annex (link)
29 November 2017: Commission Delegated Regulation (EU) 2018/540 of 23 November 2017 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest (link)
Withdrawn
The Commission has withdrawn a number of delegated acts. 5 of the 8 are about one issue
18 January 2018: COMMISSION DELEGATED REGULATION (EU) …/… correcting the Spanish language version of Commission Delegated Regulation (EU) No 812/2013 supplementing Directive 2010/30 of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device (link)
26 May 2017: on the adaptation of Annex III to Regulation (EU) No 1315/2013 of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network (link)
5 December 2016: . amending Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (link)
9 November 2016: . amending Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (link)
9 November 2016: amending Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (link)
9 November 2016: amending Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (link)
9 November 2016: COMMISSION DELEGATED REGULATION (EU) …/… amending Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (link)
9 November 2016: amending Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (link)