Comitology and the Treaty of Lisbon Similarities Innovations

The Comitology World is United Today The Comitology World is United Powers conferred on the Commission for the implementation of legislative instruments A single basis Article 202, TEC A single framework The Comitology Decision Covering both “quasi-legislative” acts (PRAC) and purely implementing acts {Council Decision 1999/468/EC of 28 June 1999, Amended by Council Decision 2006/512/EC of 18 July 2006}

The Comitology World will be Split Tomorrow The Comitology World will be Split Two bases Article 290, TFEU Article 291, TFEU Implementing Acts Delegated Acts

DELEGATED ACTS Article 290 DEFINITION  Measures designed to supplement or amend certain non-essential elements of the basic act, i.e. “quasi-legislative acts” SCOPE  Similar to the scope of measures currently covered by the Regulatory Procedure with Scrutiny (PRAC) introduced in 2006

Legal regime of delegated acts: comparison with PRAC Today Tomorrow A framework: Art. 5a of the Comitology Decision. Necessity to obtain an opinion from a comitology committee. EP and Council are not completely on an equal footing. Limited grounds for the right of opposition. No binding framework. Case by case basis. No compulsory consultation of committees. Perfect equal footing between EP and Council. No limited grounds for the right of opposition. Right of revocation

Main objective of the Commission for delegated acts Establishment of a “Framework” in order to avoid a piecemeal approach Essential Internally: clear guidelines for the services Externally: common understanding with the other institutions

Contents of a future framework Limits of the delegation of power (objectives, content, nature, scope and duration). Preparation of a delegated act (consultation of experts from the Member States and possible role of the European Parliament). Control by the legislator (opposition and revocation).

IMPLEMENTING ACTS Article 291 This provision should cover the measures currently adopted under “traditional” comitology procedures Member States are responsible for the implementation of the Union law. On a subsidiary basis, the Commission is entrusted this role of implementation, when uniform conditions for implementation are necessary. It is therefore the Member States which have to control the Commission when the latter exercises its implementing powers. Rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers have to be laid down in advance by a Regulation adopted under co decision by EP and Council. This “framework regulation” will replace the 1999 Comitology Decision (for basic acts adopted after the entering into force of the Lisbon Treaty).

Possible contents of a future proposal of Comitology Regulation: comparison with the current Comitology Decision Today Tomorrow The Comitology Decision was adopted by the Council only. Advisory procedure. 2 procedures in which committees of Member States deliver opinions by QM (Management & Regulatory). Referral to Council in case of divergences with committees’ opinions. The Commission SHALL adopt the draft measures against which there is no QM. The Comitology Regulation will be adopted by co decision. Advisory procedure maintained. A single procedure in which committees may oppose by QM to the draft measures. No referral to Council. No institutional role for EP either. Flexibility for the Commission, which MAY adopt the draft measures where there is no QM against.