Decision 2017/2380 - Amendment of Directive 2010/40/EU as regards the period for adopting delegated acts

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1.

Current status

This decision has been published on December 20, 2017 and entered into force on January  9, 2018.

2.

Key information

official title

Decision (EU) 2017/2380 of the European Parliament and of the Council of 12 December 2017 amending Directive 2010/40/EU as regards the period for adopting delegated acts (Text with EEA relevance. )
 
Legal instrument Decision
Number legal act Decision 2017/2380
Original proposal COM(2017)136 EN
CELEX number i 32017D2380

3.

Key dates

Document 12-12-2017; Date of signature
Publication in Official Journal 20-12-2017; OJ L 340 p. 1-3
Signature 12-12-2017
Effect 09-01-2018; Entry into force Date pub. +20 See Art 2
End of validity 31-12-9999

4.

Legislative text

20.12.2017   

EN

Official Journal of the European Union

L 340/1

 

DECISION (EU) 2017/2380 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 December 2017

amending Directive 2010/40/EU as regards the period for adopting delegated acts

(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 91 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)

Directive 2010/40/EU of the European Parliament and of the Council (3) provides for the development of specifications for priority actions within priority areas.

 

(2)

Since the entry into force of Directive 2010/40/EU, four delegated acts relating to priority actions of that Directive have been adopted by the Commission. They address in particular eCall and data-sharing mechanisms that facilitate electronic data exchange between the relevant public authorities and stakeholders and the relevant intelligent transport systems (ITS) service providers. There is a need for further delegated acts regarding actions that are still to be addressed and that fall within the scope of Directive 2010/40/EU.

 

(3)

Under Article 12 of Directive 2010/40/EU, the power conferred on the Commission to adopt the delegated acts referred to in Article 7 of the Directive expires on 27 August 2017.

 

(4)

In order to achieve the objectives of Directive 2010/40/EU, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the specifications necessary to ensure the compatibility, interoperability and continuity for the deployment and operational use of ITS for the priority actions for an additional period of five years starting from 27 August 2017. This period should be tacitly extended for periods of the same duration, unless the European Parliament or the Council oppose such an extension. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts,

HAVE ADOPTED THIS DECISION:

Article 1

Directive 2010/40/EU is amended as follows:

 

(1)

Article 12 is replaced by the following:

‘Article 12

Exercise of the delegation

  • 1. 
    The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  • 2. 
    The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years from 27 August 2017. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
  • 3. 
    The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or...

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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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7.

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