Proposal for a Regulation to amend Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

Summary:

Legislative initiative tabled by the European Commission on 14 February 2017, introducing amendments to Regulation (EU) No 182/2011.

Further information:

Regulation (EU) No 182/2011 (also known as the Comitology Regulation) lays down the rules for the control by the Member States of the European Union (EU) of the exercise by the European Commission of its implementing powers.

In the adoption of acts subject to the comitology procedure, the European Commission has found itself on several occasions in a situation where it is legally obliged to take an authorisation decision in the absence of a qualified majority of the Member States taking position in the committee. The no opinion situation is seen by the Commission as particularly problematic when it concerns politically sensitive matters of direct impact on citizens and businesses. The majority of EU legal acts are adopted each year by the Commission either by means of delegated acts or as implementing acts.

This initiative provides for targeted amendments to the Comitology Regulation and thus relates to implementing acts only. The main elements of the proposal include amending the voting rules for the Appeal Committee (AC) and increasing the transparency of the comitology procedure by making public the votes of the Member States' representatives in the AC.

The proposal was announced as a key initiative of the 2017 Commission Work Programme. It was adopted by the European Commission on 14 February 2017. The plenary of the European Parliament adopted a negotiating position in December 2020. This file found considerable opposition within the Council of the European Union, which has been unable to agree on a general approach.

Official

European Parliament: Legislative Observatory: Procedure File for Proposal on Mechanisms for control by Member States of the Commission’s exercise of implementing powers: implementing acts at appeal committee level https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2017/0035(OLP)

European Parliament: Legislative Train Schedule: Revision of the Comitology Regulation https://www.europarl.europa.eu/legislative-train/theme-union-of-democratic-change/file-revision-of-the-comitology-regulation-1822011

EUR-LEX: News: Comitology – European Commission proposes amendments https://eur-lex.europa.eu/content/news/comitology-proposal.html

European Commission: Press Release, 14/02/2017: Comitology: Commission proposes more transparency and accountability in procedures for implementing EU law https://ec.europa.eu/commission/presscorner/detail/en/IP_17_264

European Commission: Comitology Procedure Reforms: Questions & Answers (14 February 2017) https://ec.europa.eu/commission/presscorner/detail/en/MEMO_17_273

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News

Politico, 13/02/2017: Juncker moves to stop countries from hiding behind Brussels https://www.politico.eu/article/juncker-moves-to-stop-countries-hiding-behind-brussels/

EUObserver, 14/02/2017: Brussels wants EU states to share flak for GMO approvals https://euobserver.com/institutional/136904

EurActiv, 15/02/2017: Commission fluffs lines on decision-making reform https://www.euractiv.com/section/public-affairs/news/commission-fluffs-lines-on-decision-making-reform/

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Commentary and Analysis

Greenpeace et al.: Open Letter to the European Commission, 13/02/2017: Improved EU decision-making in the area of health and consumer protection https://www.politico.eu/wp-content/uploads/2017/02/Open20letter20on20Comitology2020170213.pdf

EurActiv: Blog, 15/02/2017: Comitology Reform: doing, undoing and redoing is still hard work https://danielgueguen.blogactiv.eu/2017/02/15/comitology-reform-doing-undoing-and-redoing-is-still-hard-work/

Verfassungsblog, 19/02/2017: The Proposed Amendment of the Comitology Regulation – A Constitutional Perspective https://verfassungsblog.de/the-proposed-amendment-of-the-comitology-regulation-a-constitutional-perspective/

EurActiv: Blog, 19/02/2017: No More Blame Game: Back to the Future of Comitology. By Maria Weimer https://acelg.blogactiv.eu/2017/02/19/no-more-blame-game-back-to-the-future-of-comitology/

CEP: Inputs 03/2017: Comitology Reform 2017 Why we need to include the European Parliament as well as the Council https://www.cep.eu/en/eu-topics/details/cep/comitology-reform-2017.html

EPRS: Briefing, March 2021: Reform of the Comitology Regulation https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2021)689360

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