Traduction de «Le délégué ne peut pas déléguer » (Français → Anglais) :

A. whereas the Lisbon Treaty introduced the possibility for Parliament and the Council (together referred to as 'the legislator') to delegate part of its own powers to the Commission in a legislative act (‘the basic act’); whereas delegation is a delicate operation whereby the Commission is instructed to exercise a power which is intrinsic to the legislator's own role; whereas it is therefore necessary to ensure the correct application of the Treaty, so as to guarantee a sufficient level of democratic legitimacy for delegated acts as well; whereas the starting-point in examining the issue of delegation must therefore always be the fr ...[+++]eedom of the legislator; whereas according to settled case-law, the adoption of rules essential to the subject matter envisaged is reserved to the legislator; which means that the adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated; whereas therefore that delegated power can only consist in supplementing or amending parts of a legislative act that are not essential; whereas the resulting delegated acts adopted by the Commission will be non-legislative acts of general scope; whereas the basic act must explicitly define the objective, content, scope and duration of that delegation, and must lay down the conditions to which the delegation is subject;

9. Stresses that Parliament’s recess periods during the summer break and at the end of the year, along with the end of the parliamentary term, need to be taken into account in the calendar for the adoption of delegated acts, so as to avoid situations where Parliament cannot exercise its scrutiny on account of a recess period or the end of the parliamentary term; considers that appropriate provisions to that effect should be included in the provisions empowering the Commission to adopt delegated acts; emphasises that the arrangements according to which no delegated act may be submitted during Parliament’s recess periods should also appl ...[+++]y to RTS; observes that, as an objection requires an absolute majority, votes in plenary on an objection to a delegated act should be carefully scheduled;

A. whereas the Lisbon Treaty introduced the possibility for Parliament and the Council (together referred to as 'the legislator') to delegate part of its own powers to the Commission in a legislative act (‘the basic act’); whereas delegation is a delicate operation whereby the Commission is instructed to exercise a power which is intrinsic to the legislator's own role; whereas it is therefore necessary to ensure the correct application of the Treaty, so as to guarantee a sufficient level of democratic legitimacy for delegated acts as well; whereas the starting-point in examining the issue of delegation must therefore always be the fre ...[+++]edom of the legislator; whereas according to settled case-law, the adoption of rules essential to the subject matter envisaged is reserved to the legislator; , which means that the adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated; whereas therefore that delegated power can only consist in supplementing or amending parts of a legislative act that are not essential; whereas the resulting delegated acts adopted by the Commission will be non-legislative acts of general scope; whereas the basic act must explicitly define the objective, content, scope and duration of that delegation, and must lay down the conditions to which the delegation is subject;

Delegated acts should also be adopted to specify the conditions subject to which the delegation of AIFM functions should be approved and the conditions subject to which the AIFM has delegated its functions to the extent that it becomes a letter-box entity and can no longer be considered to be the manager of the AIF; as regards depositaries, to specify the criteria for assessing that the prudential regulation and supervision of third countries where the depositaries are established have the same effect as Union law and are effectively enforced, the particulars that need to be included in the standard agreement, the conditions for perform ...[+++]ing the depositary functions, including the type of financial instruments that should be included in the scope of the depositary’s custody duties, the conditions subject to which the depositary may exercise its custody duties over financial instruments registered with a central depositary and the conditions subject to which the depositary should safekeep the financial instruments issued in a nominative form and registered with an issuer or a registrar, the due diligence duties of depositaries, the segregation obligation, the conditions subject to and circumstances in which financial instruments held in custody should be considered as lost, what is to be understood by external events beyond reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary, and the conditions subject to and circumstances in which there is an objective reason to contract a discharge of liability.

2. The Controller may delegate certain parts of his tasks to other persons acting as a Delegated Controller under his authority and responsibility.

D. whereas, pursuant to Article 210 of Regulation (EU, Euratom) No 966/2012, which empowers the Commission to adopt such delegated acts, the delegated regulation (C(2015)07555) may in principle enter into force only at the end of the period of scrutiny by Parliament and the Council, which runs for two months from the date of notification – i.e. until 30 December 2015 – and may be extended by a further two months;