The present Communication formally recognises the obsolescence of 11 implementing Decisions under Directive 91/692/EEC that are still in force. It complements the proposed Decision mentioned in section 1 above, as well as two proposals for Commission Decisions repealing two implementing acts that have exhausted their legal effect, but which, for procedural reasons, will be repealed via a later comitology procedure by the Commission.

Annex I lists the relevant Commission implementing Decisions and sets out the justification of the obsolescence of each act. They have all exhausted their effects and have become obsolete due to the time period they covered having expired or their legal basis no longer being in force. They were identified according to objective criteria guaranteeing that they have exhausted their effects and that all their obligations have been fulfilled.

3. Decisions remaining in force

Despite the proposal for a repeal of Directive 91/692/EEC, several implementing Decisions that were adopted in the context of this Directive will remain in force.

The Decisions setting out questionnaires related to Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC will remain valid and relevant. The annual reports by the Member States required under Article 21(1) of Directive 2003/87/EC are based on these questionnaires and provide essential information on the application of this Directive and serve as a basis for the preparation of an EU-wide report. The Decisions concerned are as follows:

• Commission Implementing Decision 2014/166/EU of 21 March 2014 amending Decision 2005/381/EC as regards the questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council (notified under document C(2014) 1726),

• Commission Decision 2005/381/EC of 4 May 2005 establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (notified under document number C(2005) 1359) and

• Commission Decision 2006/803/EC of 23 November 2006 amending Decision 2005/381/EC establishing a questionnaire for reporting on the application of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (notified under document number C(2006) 5546).

Moreover, the following Decisions in the waste legislation domain will also remain in force as these are the only instruments to monitor implementation of the respective Directives:

• Commission Decision of 18.4.2012 establishing a questionnaire for Member States reports on the implementation of Directive 2008/98/EC of the European Parliament and of the Council on waste,

• Commission Decision 2004/249/EC of 11 March 2004 on the implementation of Directive 2002/96/EC (WEEE),

• Commission Decision 2007/151/EC of 6 March 2007 amending Decisions 94/741/EC and 97/622/EC as regards the questionnaires for the report on the implementation of Directive 2006/12/EC of the European Parliament and of the Council on waste and on the implementation of Council Directive 91/689/EEC on hazardous waste,

• Commission Decision 2000/738/EC of 17 November 2000 concerning a questionnaire for Member States reports on the implementation of Directive 1999/31/EC on the landfill of waste,

• Commission Decision 2001/753/EC of 17 October 2001 concerning a questionnaire for Member States reports on the implementation of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles,

• Commission Decision 97/622/EC of 27 May 1997 concerning implementation of certain Directives in the waste sector and

• Commission Decision 94/741/EC of 24 October 1994 concerning questionnaires for Member States reports on the implementation of certain Directives in the waste sector.

4. Conclusion

In the framework of the simplification action related to Commission acts, the Commission decided that:

• the acts listed in Annex II shall be removed from the active EU legislation (acquis);

• the Publications Office of the European Union is invited to withdraw these acts from the Directory of Union legislation in force;

• Annex II is to be published in the C series of the Official Journal of the European Union.