Eu regulatory affairs what you should know about implementing and delegated acts q&a
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Eu regulatory affairs what you should know about implementing and delegated acts q&a

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http://www.eu-academy.eu/freeresources/eu-regulatory-affairs-implementing-delegated-acts/

"Comitology" demystified: how regulatory decision-making works
Who does what: the EU institutions' formal and informal roles
Timeline, planning, advocacy and impact assessment: advocacy tips

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    Eu regulatory affairs what you should know about implementing and delegated acts q&a Eu regulatory affairs what you should know about implementing and delegated acts q&a Document Transcript

    • Regulatory Affairs: What you should knowabout implementing and delegated actsRegulatory Affairs:implementing and delegated actsThe following document contains the answers to the questions from the participants at the free webinar on EUpublic affairs held by the European Training Academy and Bursoninformation purposes only.Q: As it seems that a basic aim of the comitology procedure is the quest for expertise and technicalknowledge, is there any consultation foreseen that would include experts and scientists for all theemployment spectrum and not only the ones coming from the goverA: During the drafting process of such technical measures, the European Commission, as the initiator ofthe act, conducts various stakeholder consultations and/or receives scientific input from EU agencies,such as the European Food Safety Agency (Eassessment to evaluate the impacts of the proposed measure.Q: Has the EP so far, under the new comitology, used the opportunity to veto and achieved thenecessary absolute majority? If so in whatA: No, the EP has not yet vetoed any measure. However, the EP can exercise a certain leverage alreadyby the threat of such veto, so the Commission may be willing to listen more to the EP given theeventuality of such veto power.Q: "Influencing the Commission": am I the only one that worries? Seeing that the EC has notransparency register the EU citizens have no vision on which lobbyists they meet.A: The European Commission does have a Transparency Register, shared with thand an increasing number of documents, meeting reports and agendas of EU officials and MEPs is madepublic. Also worth noting that it is not only private interest groups or companies that wish to influencethe Commission but NGOs, civil organisations, diplomats and a large variety of EU stakeholders. Kindlycheck our 1st webinar on EU transparency, ethics and lobbying, available on this website.Q: Why can the Commission (and its agencies) even take decisions? It is a nontaken into account the consultations this doesnt look good from a democracy and transparency pointof view.A: The Commission, when acting as a regulator or authority, is just as legitimate as any Member Stategovernment, and its decisions are bound by strict civil service rules. The European Parliament, a directlyelected body, exercises democratic scrutiny over Commission decisions.Regulatory Affairs: What you should knowabout implementing and delegated actsWebinar – May 22, 2013Regulatory Affairs: What you should know aboutimplementing and delegated actsQ&AThe following document contains the answers to the questions from the participants at the free webinar on EUpublic affairs held by the European Training Academy and Burson-Marsteller on 22 May 2013. It is intended forseems that a basic aim of the comitology procedure is the quest for expertise and technicalknowledge, is there any consultation foreseen that would include experts and scientists for all theemployment spectrum and not only the ones coming from the government?During the drafting process of such technical measures, the European Commission, as the initiator ofthe act, conducts various stakeholder consultations and/or receives scientific input from EU agencies,such as the European Food Safety Agency (EFSA). This drafting phase may also include an impactassessment to evaluate the impacts of the proposed measure.so far, under the new comitology, used the opportunity to veto and achieved thenecessary absolute majority? If so in what policy area/on which issue?No, the EP has not yet vetoed any measure. However, the EP can exercise a certain leverage alreadyby the threat of such veto, so the Commission may be willing to listen more to the EP given the"Influencing the Commission": am I the only one that worries? Seeing that the EC has notransparency register the EU citizens have no vision on which lobbyists they meet.The European Commission does have a Transparency Register, shared with the European Parliament,and an increasing number of documents, meeting reports and agendas of EU officials and MEPs is madepublic. Also worth noting that it is not only private interest groups or companies that wish to influencevil organisations, diplomats and a large variety of EU stakeholders. Kindlycheck our 1st webinar on EU transparency, ethics and lobbying, available on this website.Why can the Commission (and its agencies) even take decisions? It is a non-elected bodtaken into account the consultations this doesnt look good from a democracy and transparency pointThe Commission, when acting as a regulator or authority, is just as legitimate as any Member Statebound by strict civil service rules. The European Parliament, a directlyelected body, exercises democratic scrutiny over Commission decisions.What you should know aboutThe following document contains the answers to the questions from the participants at the free webinar on EU2013. It is intended forseems that a basic aim of the comitology procedure is the quest for expertise and technicalknowledge, is there any consultation foreseen that would include experts and scientists for all theDuring the drafting process of such technical measures, the European Commission, as the initiator ofthe act, conducts various stakeholder consultations and/or receives scientific input from EU agencies,FSA). This drafting phase may also include an impactso far, under the new comitology, used the opportunity to veto and achieved theNo, the EP has not yet vetoed any measure. However, the EP can exercise a certain leverage alreadyby the threat of such veto, so the Commission may be willing to listen more to the EP given the"Influencing the Commission": am I the only one that worries? Seeing that the EC has noe European Parliament,and an increasing number of documents, meeting reports and agendas of EU officials and MEPs is madepublic. Also worth noting that it is not only private interest groups or companies that wish to influencevil organisations, diplomats and a large variety of EU stakeholders. Kindlycheck our 1st webinar on EU transparency, ethics and lobbying, available on this website.elected body and eventaken into account the consultations this doesnt look good from a democracy and transparency pointThe Commission, when acting as a regulator or authority, is just as legitimate as any Member Statebound by strict civil service rules. The European Parliament, a directly
    • Regulatory Affairs: What you should knowabout implementing and delegated actsQ: Could you please further detail how the horizontal EP/EC regulations work?A: The horizontal rules exist in the Regulation 118/2011 for all implementing measures, and fordelegated acts, the Common Understanding between the EC, Council and EP lay tis a non binding document.Q: Can the Member States appoint any person tois it mandatory that it is an official of the relevant Ministry, Government Agency etc?A: Each Member State is free to choose who it sends to to a comitology (advisory or examination)committee, but of course such person should be representing that Member States public interests, notany particular company or other stakeholder.Q: What do you consider the main flaw of this complex system of decisionenough or you see the ways for its improvement?A: For regulatory matters, it is relatively efficient, but there is certainly need for improvement when itcomes to transparency: the comitology register could be updated more frequently, and for delegatedacts, the Commission would need disclose more information about its own planning process.Q: Is the definition of Qualified Majority in the examination procedure the same as for the Councilswork? (x MS + certain part of EU population?)A: Yes, it is the same definition: untilthese figures hold true, afterwards new figures are in force), representing 62% of the EUs populationand at least 14 Member States out of 27 must be in favour. From 2014, 55% of Member Starepresenting 65% of the EUs population must support a measure for qualified majority.Q: You said previously that the comitology procedure might take from days to mohave now a hang over of 4 YEARS postA: Right when the Treaty of Lisbon entered into force on 1 December 2009, the new rules weresupposed to be applicable. Since delegated acts did not require any additional regulation or directive towork, this was already in force from day 1. For implementing measures, a regudetailed rules had to be put in place, which entered into force on 1 March 2011, Regulation 118/2011.So the procedural parts are all done. For specific, individual comitology acts, the time to adopt suchmeasures can be very short if needed, so it is independent from the overall rules of the procedure itself.Regulatory Affairs: What you should knowabout implementing and delegated actsWebinar – May 22, 2013Could you please further detail how the horizontal EP/EC regulations work?exist in the Regulation 118/2011 for all implementing measures, and fordelegated acts, the Common Understanding between the EC, Council and EP lay the ground though thisCan the Member States appoint any person to represent the country in the comitology process, oris it mandatory that it is an official of the relevant Ministry, Government Agency etc?Each Member State is free to choose who it sends to to a comitology (advisory or examination)f course such person should be representing that Member States public interests, notany particular company or other stakeholder.What do you consider the main flaw of this complex system of decision-making? Is it efficients for its improvement?For regulatory matters, it is relatively efficient, but there is certainly need for improvement when itcomes to transparency: the comitology register could be updated more frequently, and for delegatedneed disclose more information about its own planning process.Is the definition of Qualified Majority in the examination procedure the same as for the Councilspopulation?)Yes, it is the same definition: until 2014, it requires 255 votes out of 345 (until Croatias accessionthese figures hold true, afterwards new figures are in force), representing 62% of the EUs populationand at least 14 Member States out of 27 must be in favour. From 2014, 55% of Member Starepresenting 65% of the EUs population must support a measure for qualified majority.You said previously that the comitology procedure might take from days to months. How come wehave now a hang over of 4 YEARS post-Lisbon?eaty of Lisbon entered into force on 1 December 2009, the new rules weresupposed to be applicable. Since delegated acts did not require any additional regulation or directive towork, this was already in force from day 1. For implementing measures, a regulation setting out thedetailed rules had to be put in place, which entered into force on 1 March 2011, Regulation 118/2011.So the procedural parts are all done. For specific, individual comitology acts, the time to adopt suchif needed, so it is independent from the overall rules of the procedure itself.exist in the Regulation 118/2011 for all implementing measures, and forhe ground though thisrepresent the country in the comitology process, oris it mandatory that it is an official of the relevant Ministry, Government Agency etc?Each Member State is free to choose who it sends to to a comitology (advisory or examination)f course such person should be representing that Member States public interests, notmaking? Is it efficientFor regulatory matters, it is relatively efficient, but there is certainly need for improvement when itcomes to transparency: the comitology register could be updated more frequently, and for delegatedneed disclose more information about its own planning process.Is the definition of Qualified Majority in the examination procedure the same as for the Councils2014, it requires 255 votes out of 345 (until Croatias accessionthese figures hold true, afterwards new figures are in force), representing 62% of the EUs populationand at least 14 Member States out of 27 must be in favour. From 2014, 55% of Member Statesrepresenting 65% of the EUs population must support a measure for qualified majority.ths. How come weeaty of Lisbon entered into force on 1 December 2009, the new rules weresupposed to be applicable. Since delegated acts did not require any additional regulation or directive tolation setting out thedetailed rules had to be put in place, which entered into force on 1 March 2011, Regulation 118/2011.So the procedural parts are all done. For specific, individual comitology acts, the time to adopt suchif needed, so it is independent from the overall rules of the procedure itself.