Commission Delegated Decision 2012/186/EU introduced the following adaptations and simplifications of the data collection requirements set out in Annexes I to VIII of Directive 2009/42/EC:

D. whereas it is for the legislator to determine, on a case-by case basis, the level of detail of each legislative act and thereby also to decide whether to delegate any power to the Commission to adopt delegated acts as well as whether there will be any need for powers to ensure uniform conditions for implementing the legislative act; whereas the conferral of such delegated or implementing powers is never an obligation; whereas such conferral should however be considered where flexibility and efficiency are needed and cannot be delivered by means of the ordinary legislative procedure; whereas the decision as to whether to confer del ...[+++]egated or implementing powers must be based on objective factors which must permit judicial review of the solution adopted; whereas the absence of case law on Article 290 TFEU and on the criteria laid down therein has made it more difficult for the European Parliament and Council to agree on a delimitation between implementing and delegated acts;

D. whereas it is for the legislator to determine, on a case-by case basis, the level of detail of each legislative act and thereby also to decide whether to delegate any power to the Commission to adopt delegated acts as well as whether there will be any need for powers to ensure uniform conditions for implementing the legislative act; whereas the conferral of such delegated or implementing powers is never an obligation; whereas such conferral should however be considered where flexibility and efficiency are needed and cannot be delivered by means of the ordinary legislative procedure; whereas the decision as to whether to confer dele ...[+++]gated or implementing powers must be based on objective factors which must permit judicial review of the solution adopted; whereas the absence of case law on Article 290 TFEU and on the criteria laid down therein has made it more difficult for the European Parliament and Council to agree on a delimitation between implementing and delegated acts;

Since Regulation (EU) No 1090/2010 entered into force, the Commission has adopted one delegated decision, Commission Delegated Decision 2012/186/EU. This adapted certain parts of the data collection requirements set out in Annexes I to VIII of Directive 2009/42/EC, in order to reflect economic and technical developments.

The draft Commission Delegated Decision was discussed and favourably received by Directors General of National Statistical Institutes of the European Union in November 2011.

When preparing the Delegated Decision, the Commission consulted national experts at the annual meetings of the Coordinating Group for Statistics on Transport that took place in December 2010 and December 2011.