Delegated Regulation on fire performance testing of wooden cladding and panelling: Council to consider 3-month extension of the scrutiny period

According to a European Council document dated 22.01.2024, the institution representing the interests of the Member States is considering the possibility of a 3-month extension of the scrutiny period regarding the Delegated Regulation on fire performance testing of wooden cladding and panelling.

According to the document, “the Permanent Representatives Committee could invite the Council to confirm the decision to extend the period for the objection to the draft delegated act, as laid out in document ST 15558/23 + ADD 1, with another 3 months until 10 May 2024, as an item without discussion at one of its forthcoming meetings, and that the Commission and the European Parliament are to be informed thereof. This decision implies that unless the Council or the European Parliament object to the draft delegated act, the delegated act shall be adopted and published in the Official Journal after 11 May 2024, in accordance with Articles 61 and 63 of Regulation (EU) No 305/2011”.

Background of the decision: “The Council had until 9 January 2024 to object to the draft delegated act or ask for an extension of the period for objection. By this deadline, no delegation objected, but one delegation requested an extension of the objection period. According to the rule for such procedure and due to a very short time limit to check whether there is simple majority to request an extension, an informal written consultation was launched on 11 January 2024 with a deadline for replies by 16 January 2024. There was no time to convene a Working Party meeting within the given time frame. During the consultation, the necessary simple majority for extension was reached, with only one delegation objecting to the extension.”

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