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{{about|one type of committee in the [[European Union Committee System]]|the field of study|comity}}
{{Short description|Process by which European Union law is modified or adjusted}}
{{For|the reciprocal courtesy among political entities |comity}}
{{EngvarB|date=August 2016}}
{{EngvarB|date=August 2016}}
{{Use dmy dates|date=August 2016}}
{{Use dmy dates|date=August 2016}}
{{Politics of the European Union}}
{{Politics of the European Union}}


'''Comitology''' in the [[European Union]] refers to a process by which EU law is modified or adjusted and takes place within "comitology committees" chaired by the [[European Commission]].<ref>{{cite journal | last1 = Hardacre | first1 = Alan | last2 = Kaeding | first2 = Michael | title = Delegated and implementing acts: The new worlds of comitology – implications for European and national public administrations | journal = Eipascope| volume = 1 | pages = 29–32 | date = September 2011 | url = http://www.eipa.eu/files/repository/eipascope/20110912105558_EipascopeSpecialIssue_Art5.pdf | ref = harv | issn = 1025-6253 | access-date = 27 February 2016 | archive-url = https://web.archive.org/web/20120716060451/http://www.eipa.eu/files/repository/eipascope/20110912105558_EipascopeSpecialIssue_Art5.pdf | archive-date = 16 July 2012 | url-status = dead | df = dmy-all }}</ref> The official term for the process is '''committee procedure'''.<ref>{{Cite web |url=https://www.eca.europa.eu/Other%20publications/EN_TERMINOLOGY_PUBLICATION/EN_TERMINOLOGY_PUBLICATION.pdf |title=European Court of Auditors: Misused English terminology in EU publications}}</ref> Comitology committees are part of the EU's broader [[European Union Committee System|system of committees]] that assist in the making, adoption, and implementation of EU laws.<ref name="Rhinard">{{cite journal | last = Rhinard | first = Mark | title = The democratic legitimacy of the European Union committee system | journal = [[Governance (journal)|Governance]] | volume = 15 | issue = 2 | pages = 185–210 | doi = 10.1111/1468-0491.00185 | date = April 2002 | ref = harv }}</ref> The comitology system was reconfigured by the Lisbon Treaty which introduced the current Articles 290 and 291 TFEU. Whereas Article 291 TFEU provides for a continuation of implementation of EU law through comitology, Article 290 TFEU introduced the delegated act which is now used to amend or supplement EU legislation, whereas beforehand this was also done through comitology.
'''Comitology''' in the [[European Union]] refers to a process by which EU law is implemented or adjusted by the European Commission working in conjunction with committees of national representatives (at civil service level) from the EU member states, colloquially called "comitology committees". These are chaired by the [[European Commission]].<ref>{{cite journal | last1 = Hardacre | first1 = Alan | last2 = Kaeding | first2 = Michael | title = Delegated and implementing acts: The new worlds of comitology – implications for European and national public administrations | journal = Eipascope| volume = 1 | pages = 29–32 | date = September 2011 | url = http://www.eipa.eu/files/repository/eipascope/20110912105558_EipascopeSpecialIssue_Art5.pdf | issn = 1025-6253 | access-date = 27 February 2016 | archive-url = https://web.archive.org/web/20120716060451/http://www.eipa.eu/files/repository/eipascope/20110912105558_EipascopeSpecialIssue_Art5.pdf | archive-date = 16 July 2012 | url-status = dead | df = dmy-all }}</ref> The official term for the process is '''committee procedure'''.<ref>{{Cite web|url=https://www.eca.europa.eu/Other%20publications/EN_TERMINOLOGY_PUBLICATION/EN_TERMINOLOGY_PUBLICATION.pdf|title=European Court of Auditors: Misused English terminology in EU publications}}</ref> Comitology committees are part of the EU's broader [[European Union Committee System|system of committees]] that assist in the making, adoption, and implementation of EU laws.<ref name="Rhinard">{{cite journal | last = Rhinard | first = Mark | title = The democratic legitimacy of the European Union committee system | journal = [[Governance (journal)|Governance]] | volume = 15 | issue = 2 | pages = 185–210 | doi = 10.1111/1468-0491.00185 | date = April 2002 }}</ref>


The [[Treaty of Lisbon]] reconfigured comitology system, distinguishing between:
==Overview==
* "delegated acts" (where the Council and the Parliament empower the Commission to adjust and amend the details of legislation they have adopted, subject to them not vetoing them), and
⚫
All legislatures have a system of delegating detailed implementing measures to the executive. At EU level too, the [[European Parliament]] and the [[Council of the European Union]] can confer such powers on the Commission. However, the Commission must act in conjunction with committees of representatives of member states who often have the power to block the Commission and refer the matter to the Council.<ref name="Glossary">{{cite web | title = Glossary: Comitology | url = http://eur-lex.europa.eu/summary/glossary/comitology.html | website = eur-lex.europa.eu | publisher = [[EUR-Lex]] }}</ref>
* "implementing acts", where the Commission may adopt measures to implement the detail of the legislation (working with "comitology" committees).


This is codified in Articles 290<ref>{{CELEX|12008E290|format]HTML|text=Article 290 TFEU}}</ref> and 291<ref>{{CELEX|12008E291|format=HTML|text=Article 291 TFEU}}</ref> [[TFEU]] respectively.
⚫
It is the confusing number of committees that gave rise to the term "comitology". A report from the [[House of Lords|British House of Lords]]<ref>{{Cite book |title=Select Committee on European Communities – Third Report |url=https://publications.parliament.uk/pa/ld199899/ldselect/ldeucom/23/2302.htm |date=2 February 1999 |publisher=House of Lords | id = 10510/98 (COM(98) 297) }}</ref> said, "There is no definitive list of comitology committees, their functions, activities and membership"; however, since the European Commission started to maintain a list, it states that "A list of 'comitology' committees [...] is published as an Annex to the Annual reports on the work of these Committees [...] as well as in the Register of Comitology.<ref>{{cite web | title = Comitology Register | url = http://ec.europa.eu/transparency/regcomitology/index.cfm | website = ec.europa.eu | publisher = [[European Commission]] }}</ref>" Moreover, the strongest criticism pertained to the fact that the elected European Parliament (EP) had no right to block implementing measures: only the comitology committees could do so, and if they did, the proposal was referred to Council alone, even when the initial delegation of powers was through an act adopted jointly by both Parliament and Council under the [[co-decision procedure]]. Parliament argued that the system lacked transparency and democratic control.

==Background and history==
⚫
All legislatures have a system of delegating detailed implementing measures to the executive. At EU level too, the [[European Parliament]] and the [[Council of the European Union]] can confer such powers on the Commission. However, the Commission must act in conjunction with committees of representatives of member states who often have the power to block the Commission and refer the matter to the Council.<ref name="Glossary">{{cite web | title = Glossary: Comitology | url = https://eur-lex.europa.eu/summary/glossary/comitology.html | website = eur-lex.europa.eu | publisher = [[Publications Office of the European Union]] }}</ref>

⚫
It is the confusing number of committees that gave rise to the term "comitology". A report from the [[House of Lords|British House of Lords]]<ref>{{Cite book |title=Select Committee on European Communities – Third Report |url=https://publications.parliament.uk/pa/ld199899/ldselect/ldeucom/23/2302.htm |date=2 February 1999 |publisher=House of Lords | id = 10510/98 (COM(98) 297) }}</ref> said, "There is no definitive list of comitology committees, their functions, activities and membership"; however, since the European Commission started to maintain a list, it states that "A list of 'comitology' committees [...] is published as an Annex to the Annual reports on the work of these Committees [...] as well as in the Register of Comitology.<ref>{{cite web | title = Comitology Register | url = https://ec.europa.eu/transparency/comitology-register/ | website = ec.europa.eu | publisher = [[European Commission]] }}</ref>" Moreover, the strongest criticism pertained to the fact that the elected European Parliament (EP) had no right to block implementing measures: only the comitology committees could do so, and if they did, the proposal was referred to Council alone, even when the initial delegation of powers was through an act adopted jointly by both Parliament and Council under the [[co-decision procedure]]. Parliament argued that the system lacked transparency and democratic control.
After years of complaint by Parliament, a significant reform placing Parliament and Council on an equal footing was to be introduced by the Constitutional Treaty. Since the latter did not get ratified, the Parliament insisted that the envisaged changes would be introduced through secondary law. An agreement was reached in 2006 and a new procedure, the '''regulatory procedure with scrutiny''', was introduced, to be used when non-essential elements of EU legislation adopted under the co-decision procedure required amendment or supplementation.
After years of complaint by Parliament, a significant reform placing Parliament and Council on an equal footing was to be introduced by the Constitutional Treaty. Since the latter did not get ratified, the Parliament insisted that the envisaged changes would be introduced through secondary law. An agreement was reached in 2006 and a new procedure, the '''regulatory procedure with scrutiny''', was introduced, to be used when non-essential elements of EU legislation adopted under the co-decision procedure required amendment or supplementation.


The procedure gives Parliament and Council a period (normally of three months) to examine proposals that have been through a comitology committee. If Parliament objects to a proposal, the Commission cannot enact it. Instead, the Commission can either make a new proposal, taking account of the reasons for the objection (in which case the clock is re-set and Parliament can again block), or it can propose new legislation to Parliament and Council under the legislative co-decision procedure.
The procedure gives Parliament and Council a period (normally of three months) to examine proposals that have been through a comitology committee. If Parliament objects to a proposal, the Commission cannot enact it. Instead, the Commission can either make a new proposal, taking account of the reasons for the objection (in which case the clock is re-set and Parliament can again block), or it can propose new legislation to Parliament and Council under the [[European Union legislative procedure|legislative co-decision procedure]].


The new procedure applies whenever Council and Parliament, under co-decision on the basic legislation, choose to confer powers on the Commission to adopt implementing measures of general scope that can be described as "quasi-legislative" in nature (delegated legislation). It does not apply to administrative or purely executive decisions. The system does not apply when the original legislation is not co-decision legislation. Then, the old comitology procedures (see below) can still apply.
The new procedure applies whenever Council and Parliament, under co-decision on the basic legislation, choose to confer powers on the Commission to adopt implementing measures of general scope that can be described as "quasi-legislative" in nature (delegated legislation). It does not apply to administrative or purely executive decisions. The system does not apply when the original legislation is not co-decision legislation. Then, the old comitology procedures (see below) can still apply.


==Second comitology decision==
===First comitology decision===
The comitology system was initially not foreseen under the EEC Treaty. The Single European Act introduced a legal basis for the first time and instructed the Council to adopt a Decision setting out the different procedures. This was the first Comitology decision of 1987. The Parliament had also pressed for more transparency in the comitology system. Already in 1999, it secured the Council's agreement in a [[Council of the European Union]] decision 28 June 1999 on procedures for the exercise of implementing powers conferred on the Commission (1999/468/EC;<ref>{{cite web | title = Council decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission | url = http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01999D0468-20060723 | website = eur-lex.europa.eu | publisher = [[EUR-Lex]] }} [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1999D0468:20060723:EN:PDF Pdf.]</ref> OJ L 184/23 of 17 July 1999) ("the Comitology Decision") that references of the documents transmitted be made available to the public (Article 7 paragraph 5).
The comitology system was initially not foreseen under the EEC Treaty. The [[Single European Act]] introduced a legal basis for the first time and instructed the Council to adopt a Decision setting out the different procedures. This was the first Comitology decision of 1987.<ref>{{CELEX|31987D0373|text=87/373/EEC: Council Decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission}}</ref>


===Second comitology decision===
⚫
The Commission was, therefore, obliged to create a register of Comitology documents and a web-based repository to the register which enables the user to get direct access to certain documents which also contains a link for requesting the document, if it is not made public in the repository (in accordance with the rules of the Regulation No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 (OJ L 145/43 of 31 May 2001)).
The Parliament had also pressed for more transparency in the comitology system. On 28 June 1999 it secured the Council's agreement in a [[Council of the European Union]] decision on procedures for the exercise of implementing powers conferred on the Commission (Decision 1999/468/EC, "the Comitology Decision"), which outlines "advisory", "management", regulatory" and "safeguard" procedures (Articles 3 to 6 respectively).<ref>{{CELEX|31999D0468|text=1999/468/EC: Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission}}</ref>

⚫
Article 7 paragraph 5 of the Comitology Decision states that references of the documents transmitted to the Parliament should be made available to the public. The Commission was, therefore, obliged to create a register of Comitology documents and a web-based repository to the register which enables the user to obtain direct access to certain documents which also contains a link for requesting the document, if it is not made public in the repository (in accordance with the rules of the Regulation No. 1049/2001 of the European Parliament and of the Council of 30 May 2001).<ref>{{CELEX|32001R1049|text=Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents}}</ref>


The register in general contains the following types of documents:
The register in general contains the following types of documents:
Line 28: Line 38:
* voting results of opinions delivered by a committee.
* voting results of opinions delivered by a committee.


==Comitology regulation==
===Comitology regulation===
⚫
A new regulation on comitology, Regulation No 182/2011, was adopted pursuant to Article 291 (3) TFEU, and has been in force since 1 March 2011. This regulation lays down "the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers".<ref>{{CELEX|32011R0182|text=Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers}}</ref>

⚫
A new regulation on comitology was adopted pursuant to Article 291 (3) TFEU. It is in force since 1 March 2011 (Regulation No 182/2011)<ref>{{cite web | title = Regulation No 182/2011 | url = http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32011R0182&from=EN | website = eur-lex.europa.eu | publisher = [[EUR-Lex]] }} [http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0182&from=EN Pdf.]</ref> of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers)


==Types of committee==
==Types of committee==
Under the second comitology decision of 1999 (amended in 2006) there were four categories of committee: Advisory, Management, Regulatory and, under the procedure agreed in 2006, Regulatory with Scrutiny. Advisory committees give opinions which the Commission must take account of, but it retains the power of decision. Management committees can block a proposed Commission measure by a qualified majority. A Regulatory committee needs a qualified majority to approve a proposed Commission measure. Measures not adopted are referred to the Council for a decision (or Council and Parliament under the new Regulatory committee with Scrutiny, where opposition from either will block the proposed measure).<ref name="Glossary"/>
Under the second comitology decision of 1999 (amended in 2006) there were four categories of committee: Advisory, Management, Regulatory and, under the procedure agreed in 2006, Regulatory with Scrutiny. Advisory committees give opinions which the Commission must take account of, but it retains the power of decision. Management committees can block a proposed Commission measure by a qualified majority. A Regulatory committee needs a qualified majority to approve a proposed Commission measure. Measures not adopted are referred to the Council for a decision (or Council and Parliament under the new Regulatory committee with Scrutiny, where opposition from either will block the proposed measure).<ref name="Glossary"/>


The Comitology regulation has only retained the advisory procedure, and replaced the management and regulatory procedures with the examination procedure. Under the Lisbon Treaty, the scenarios in which the regulatory procedure with scrutiny applied are now covered by the delegated act foreseen in Article 290 TFEU.
The Comitology regulation has only retained the advisory procedure, and replaced the management and regulatory procedures with the examination procedure. Under the Lisbon Treaty, the scenarios in which the regulatory procedure with scrutiny applied are now covered by the delegated act foreseen in Article 290 TFEU. As of 2021 the regulatory procedure with scrutiny still exists however and is in the process of being phased out.<ref name="auto">{{Cite journal|last=Chamon|first=Merijn|date=2021-04-01|title=The legal framework for delegated and implementing powers ten years after the entry into force of the Lisbon Treaty|journal=ERA Forum|language=en|volume=22|issue=1|pages=21–38|doi=10.1007/s12027-020-00646-2|s2cid=234288163 |issn=1863-9038|doi-access=free|hdl=1854/LU-8688175|hdl-access=free}}</ref>


==Democratic legitimacy==
==Democratic legitimacy==
Line 41: Line 50:


==See also==
==See also==
* [[List of European Commission committees by Directorates-General]]
* [[Transparency (behavior)]]
* [[Transparency (behavior)]]


Line 48: Line 56:


== Further reading ==
== Further reading ==
* {{cite journal | last1 = Nedergaard | first1 = Peter | last2 = Nørgaard | first2 = Rikke Wetendorff | last3 = Blom-Hansen | first3 = Jens | author-link = Peter Nedergaard | title = Lobbying in the EU comitology system | journal = [[Journal of European Integration]] | volume = 36 | issue = 5 | pages = 491–507 | doi= 10.1080/07036337.2014.889128 | date = July 2014 | ref = harv }}
* {{cite journal | last1 = Nedergaard | first1 = Peter | last2 = Nørgaard | first2 = Rikke Wetendorff | last3 = Blom-Hansen | first3 = Jens | author-link = Peter Nedergaard | title = Lobbying in the EU comitology system | journal = [[Journal of European Integration]] | volume = 36 | issue = 5 | pages = 491–507 | doi= 10.1080/07036337.2014.889128 | date = July 2014 | s2cid = 153672760 | url = https://curis.ku.dk/ws/files/239517286/Lobbying_in_the_EU_Comitology_System.pdf }}
::''See also'': {{cite journal | last = Bouwen | first = Pieter | title = The logic of access to the European Parliament: business lobbying in the Committee on Economic and Monetary Affairs | journal = [[Journal of Common Market Studies]] | volume = 42 | issue = 3 | pages = 473–495 | doi= 10.1111/j.0021-9886.2004.00515.x | date = September 2004 | ref = harv }}
::''See also'': {{cite journal | last = Bouwen | first = Pieter | title = The logic of access to the European Parliament: business lobbying in the Committee on Economic and Monetary Affairs | journal = [[Journal of Common Market Studies]] | volume = 42 | issue = 3 | pages = 473–495 | doi= 10.1111/j.0021-9886.2004.00515.x | date = September 2004 | s2cid = 154841544 }}
:::''and'': {{cite journal | last = Bouwen | first = Pieter | title = A theoretical and empirical study of corporate lobbying in the European Parliament | journal = European Integration Online Papers (EIOP) | volume = 7 | date = December 2003 | url = http://eiop.or.at/eiop/vol_7_2003.html | ref = harv }} [http://eiop.or.at/eiop/pdf/2003-011.pdf Pdf.]
:::''and'': {{cite journal | last = Bouwen | first = Pieter | title = A theoretical and empirical study of corporate lobbying in the European Parliament | journal = European Integration Online Papers | volume = 7 | date = December 2003 | url = http://eiop.or.at/eiop/vol_7_2003.html }} [http://eiop.or.at/eiop/pdf/2003-011.pdf Pdf.]


==External links==
==External links==
===EU legislation===
*[http://eur-lex.europa.eu/LexUriServ/site/en/consleg/1999/D/01999D0468-20060723-en.pdf Consolidated Version of Comitology Decision 1999/468/EC taking into consideration Decision 2006/512/EC of 17 July 2006]
*{{CELEX|31987D0373|text=87/373/EEC: Council Decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission}}.No longer in force, Date of end of validity: 17/07/1999; repealed by Decision 1999/468/EC.
⚫
*[http://ec.europa.eu/transparency/regcomitology/registre.cfm?CL=en Web-based access to the Comitology register]
*{{CELEX|31999D0468|text=1999/468/EC: Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission}}. No longer in force, Date of end of validity: 28/02/2011; repealed by Regulation (EU) No 182/2011.
*[[Acquis]] [http://ec.europa.eu/development/body/legislation/comitology_en.htm on Comitology]
*{{CELEX|32011R0182|text=Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers}}. In force.
*[http://www.euractiv.com/Article?tcmuri=tcm:29-117454-16&type=LinksDossier More background]

**[http://www.euractiv.com/Article?tcmuri=tcm:29-113831-16&type=News Updated on a newer decision]
===Official EU sites===
⚫
*[https://ec.europa.eu/transparency/comitology-register/screen/committees Web-based access to the Comitology register]
*[[Acquis]] on [https://ec.europa.eu/info/law/law-making-process/adopting-eu-law/implementing-and-delegated-acts/comitology_en Comitology]

===Other sites===
*[http://www.euractiv.com/Article?tcmuri=tcm:29-117454-16&type=LinksDossier More background] {{Webarchive|url=https://web.archive.org/web/20050130020117/http://www.euractiv.com/Article?tcmuri=tcm:29-117454-16&type=LinksDossier |date=30 January 2005 }}
**[http://www.euractiv.com/Article?tcmuri=tcm:29-113831-16&type=News Updated on a newer decision] {{Webarchive|url=https://web.archive.org/web/20050528081055/http://www.euractiv.com/Article?tcmuri=tcm:29-113831-16&type=News |date=28 May 2005 }}
*[https://web.archive.org/web/20030422013441/http://www.eipa.nl/Topics/Comitology/comitology.htm Detailed Bibliography on Comitology]
*[https://web.archive.org/web/20030422013441/http://www.eipa.nl/Topics/Comitology/comitology.htm Detailed Bibliography on Comitology]
*[[European Economic Area|EEA]] [[EFTA]] [https://web.archive.org/web/20050124180951/http://secretariat.efta.int/Web/InfoKit/Info_Kit/EEAdecisionshaping on Comitology]
*[[European Economic Area|EEA]] [[EFTA]] [https://web.archive.org/web/20050124180951/http://secretariat.efta.int/Web/InfoKit/Info_Kit/EEAdecisionshaping on Comitology]
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{{Eu-directorates-general}}
{{Eu-directorates-general}}
{{Council of the European Union}}
{{Council of the European Union}}
{{Authority control}}


[[Category:European Union constitutional law]]
[[Category:European Union constitutional law]]

Latest revision as of 03:53, 4 November 2024

For the reciprocal courtesy among political entities, see comity.

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Comitology in the European Union refers to a process by which EU law is implemented or adjusted by the European Commission working in conjunction with committees of national representatives (at civil service level) from the EU member states, colloquially called "comitology committees". These are chaired by the European Commission.[1] The official term for the process is committee procedure.[2] Comitology committees are part of the EU's broader system of committees that assist in the making, adoption, and implementation of EU laws.[3]

The Treaty of Lisbon reconfigured comitology system, distinguishing between:

  • "delegated acts" (where the Council and the Parliament empower the Commission to adjust and amend the details of legislation they have adopted, subject to them not vetoing them), and
  • "implementing acts", where the Commission may adopt measures to implement the detail of the legislation (working with "comitology" committees).

This is codified in Articles 290[4] and 291[5] TFEU respectively.

Background and history

[edit]

All legislatures have a system of delegating detailed implementing measures to the executive. At EU level too, the European Parliament and the Council of the European Union can confer such powers on the Commission. However, the Commission must act in conjunction with committees of representatives of member states who often have the power to block the Commission and refer the matter to the Council.[6]

It is the confusing number of committees that gave rise to the term "comitology". A report from the British House of Lords[7] said, "There is no definitive list of comitology committees, their functions, activities and membership"; however, since the European Commission started to maintain a list, it states that "A list of 'comitology' committees [...] is published as an Annex to the Annual reports on the work of these Committees [...] as well as in the Register of Comitology.[8]" Moreover, the strongest criticism pertained to the fact that the elected European Parliament (EP) had no right to block implementing measures: only the comitology committees could do so, and if they did, the proposal was referred to Council alone, even when the initial delegation of powers was through an act adopted jointly by both Parliament and Council under the co-decision procedure. Parliament argued that the system lacked transparency and democratic control.

After years of complaint by Parliament, a significant reform placing Parliament and Council on an equal footing was to be introduced by the Constitutional Treaty. Since the latter did not get ratified, the Parliament insisted that the envisaged changes would be introduced through secondary law. An agreement was reached in 2006 and a new procedure, the regulatory procedure with scrutiny, was introduced, to be used when non-essential elements of EU legislation adopted under the co-decision procedure required amendment or supplementation.

The procedure gives Parliament and Council a period (normally of three months) to examine proposals that have been through a comitology committee. If Parliament objects to a proposal, the Commission cannot enact it. Instead, the Commission can either make a new proposal, taking account of the reasons for the objection (in which case the clock is re-set and Parliament can again block), or it can propose new legislation to Parliament and Council under the legislative co-decision procedure.

The new procedure applies whenever Council and Parliament, under co-decision on the basic legislation, choose to confer powers on the Commission to adopt implementing measures of general scope that can be described as "quasi-legislative" in nature (delegated legislation). It does not apply to administrative or purely executive decisions. The system does not apply when the original legislation is not co-decision legislation. Then, the old comitology procedures (see below) can still apply.

First comitology decision

[edit]

The comitology system was initially not foreseen under the EEC Treaty. The Single European Act introduced a legal basis for the first time and instructed the Council to adopt a Decision setting out the different procedures. This was the first Comitology decision of 1987.[9]

Second comitology decision

[edit]

The Parliament had also pressed for more transparency in the comitology system. On 28 June 1999 it secured the Council's agreement in a Council of the European Union decision on procedures for the exercise of implementing powers conferred on the Commission (Decision 1999/468/EC, "the Comitology Decision"), which outlines "advisory", "management", regulatory" and "safeguard" procedures (Articles 3 to 6 respectively).[10]

Article 7 paragraph 5 of the Comitology Decision states that references of the documents transmitted to the Parliament should be made available to the public. The Commission was, therefore, obliged to create a register of Comitology documents and a web-based repository to the register which enables the user to obtain direct access to certain documents which also contains a link for requesting the document, if it is not made public in the repository (in accordance with the rules of the Regulation No. 1049/2001 of the European Parliament and of the Council of 30 May 2001).[11]

The register in general contains the following types of documents:

  • agendas of committee meetings,
  • draft implementing measures,
  • summary records of committee meetings,
  • voting results of opinions delivered by a committee.

Comitology regulation

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A new regulation on comitology, Regulation No 182/2011, was adopted pursuant to Article 291 (3) TFEU, and has been in force since 1 March 2011. This regulation lays down "the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers".[12]

Types of committee

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Under the second comitology decision of 1999 (amended in 2006) there were four categories of committee: Advisory, Management, Regulatory and, under the procedure agreed in 2006, Regulatory with Scrutiny. Advisory committees give opinions which the Commission must take account of, but it retains the power of decision. Management committees can block a proposed Commission measure by a qualified majority. A Regulatory committee needs a qualified majority to approve a proposed Commission measure. Measures not adopted are referred to the Council for a decision (or Council and Parliament under the new Regulatory committee with Scrutiny, where opposition from either will block the proposed measure).[6]

The Comitology regulation has only retained the advisory procedure, and replaced the management and regulatory procedures with the examination procedure. Under the Lisbon Treaty, the scenarios in which the regulatory procedure with scrutiny applied are now covered by the delegated act foreseen in Article 290 TFEU. As of 2021 the regulatory procedure with scrutiny still exists however and is in the process of being phased out.[13]

Democratic legitimacy

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As noted above, the European Parliament has long had a problem with the lack of transparency of comitology committees, stemming mainly from the fact that Members of the European Parliament (MEPs) are excluded from the comitology process. A broader concern has been voiced about the public accountability of comitology. As sites of European governance which produce a vast amount of binding legislation, comitology's opaque mode of operation, unclear membership, and closed debate style has been the subject of criticism from both academics[3] and practitioners.

See also

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References

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  1. ^ Hardacre, Alan; Kaeding, Michael (September 2011). "Delegated and implementing acts: The new worlds of comitology – implications for European and national public administrations" (PDF). Eipascope. 1: 29–32. ISSN 1025-6253. Archived from the original (PDF) on 16 July 2012. Retrieved 27 February 2016.
  2. ^ "European Court of Auditors: Misused English terminology in EU publications" (PDF).
  3. ^ a b Rhinard, Mark (April 2002). "The democratic legitimacy of the European Union committee system". Governance. 15 (2): 185–210. doi:10.1111/1468-0491.00185.
  4. ^ Article 290 TFEU
  5. ^ Article 291 TFEU
  6. ^ a b "Glossary: Comitology". eur-lex.europa.eu. Publications Office of the European Union.
  7. ^ Select Committee on European Communities – Third Report. House of Lords. 2 February 1999. 10510/98 (COM(98) 297).
  8. ^ "Comitology Register". ec.europa.eu. European Commission.
  9. ^ 87/373/EEC: Council Decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission
  10. ^ 1999/468/EC: Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
  11. ^ Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents
  12. ^ Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers
  13. ^ Chamon, Merijn (1 April 2021). "The legal framework for delegated and implementing powers ten years after the entry into force of the Lisbon Treaty". ERA Forum. 22 (1): 21–38. doi:10.1007/s12027-020-00646-2. hdl:1854/LU-8688175. ISSN 1863-9038. S2CID 234288163.

Further reading

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See also: Bouwen, Pieter (September 2004). "The logic of access to the European Parliament: business lobbying in the Committee on Economic and Monetary Affairs". Journal of Common Market Studies. 42 (3): 473–495. doi:10.1111/j.0021-9886.2004.00515.x. S2CID 154841544.
and: Bouwen, Pieter (December 2003). "A theoretical and empirical study of corporate lobbying in the European Parliament". European Integration Online Papers. 7. Pdf.
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EU legislation

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Official EU sites

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Other sites

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