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Free Webinar - 22 May 2013 -1-2pmPlease turn up your computer speakers or put on yourheadsetYou can ask questions in writi...
Free Webinar - 22 May 2013 -1-2pmPlease turn up your computer speakers or put on yourheadsetYou can ask questions in writi...
ABOUT THE WEBINARSERIES1
EU Lobbying, Ethics &Transparency: "Do"-s and"Dont"-sRisk Regulation in theEU: Sectors, Advocacyand the PrecautionaryPrinc...
GOOD TO KNOW2
Turn off your Outlook, Skype and other programs
Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat box
Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during &...
Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during &...
Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during &...
Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during &...
Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during &...
SPEAKER & ORGANISER3
SPEAKERDavid O’Leary:DirectoratBurson-MarstellerBrussels.HespecialisesintheworkingsoftheEUinstitutionsandinpolicyareassuch...
SPEAKER MODERATORDavid O’Leary András BANETHDirectoratBurson-MarstellerBrussels.Hespecialises Director–EuropeanTrainingAca...
THE PRESENTATION4
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.TODAY’S PRESENTATIONPart 1Comitology basics: what, who, w...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.WHAT IS COMITOLOGY?• ‘Filling in the gaps’or ‘dealing wit...
Evidence-based communications. Inform. Measure. Monitor. Succeed.WHAT IS COMITOLOGY?• A way of ‘filling in the gaps’or ‘de...
Evidence-based communications. Inform. Measure. Monitor. Succeed.WHAT IS COMITOLOGY?Affects a wide range of sectors:
Evidence-based communications. Inform. Measure. Monitor. Succeed.CommissionEP CouncilCO-DECISIONPROPOSES LEGISLATIONWHAT I...
Evidence-based communications. Inform. Measure. Monitor. Succeed.CommissionEP CounilCO-DECISIONPROPOSES LEGISLATIONWHAT IS...
Evidence-based communications. Inform. Measure. Monitor. Succeed.BASIC ACTWHO’S INVOLVED?COMMISSION ADOPTSNON-LEGISLATIVE ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.WHO’S INVOLVEDAround 250 committees of nationalexperts, c...
Evidence-based communications. Inform. Measure. Monitor. Succeed.WHY COMITOLOGY?• Speed: faster than co-decision• Efficien...
Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc proc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc proc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc proc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc proc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc proc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc proc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.THE PRE-LISBON REGIME• One legal basis:Article 202 EC• On...
Evidence-based communications. Inform. Measure. Monitor. Succeed.THE POST-LISBON REGIME• Two legal bases:Delegated acts (D...
Evidence-based communications. Inform. Measure. Monitor. Succeed.CHOOSING THE RIGHT PROCEDUREDelegated actsNon-legislative...
Evidence-based communications. Inform. Measure. Monitor. Succeed.CHOOSING THE RIGHT PROCEDUREDelegated actsNon-legislative...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.‘COMMON UNDERSTANDING’• No horizontal procedure, only tre...
Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.VETOING OR REVOKING POWERS• EP and Council cannot amend d...
Evidence-based communications. Inform. Measure. Monitor. Succeed.VETOING OR REVOKING POWERS• EP and Council cannot amend d...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLING
Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLING
Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLING
Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLINGNew labels from 1 July 2013:A...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of nat...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: TWO PROCEDURESAdvisory procedure:• ‘De...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: TWO PROCEDURESAdvisory procedure:• ‘De...
Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: TWO PROCEDURESAdvisory procedure:• ‘De...
Evidence-based communications. Inform. Measure. Monitor. Succeed.EXAMINATION PROCEDURECommission proposesQM +COM may adopt...
Evidence-based communications. Inform. Measure. Monitor. Succeed.EXAMINATION PROCEDUREQM +COM may adopt unless:Multilatera...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ACTING URGENTLY• Commission can adopt urgent measures if ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ORPHACOL• Positive EMA opinion on Orphacol - ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.OVERVIEWDelegated acts Implementing actsSupplement and am...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 1: POST-LISBON ALIGNMENTOLD PROCEDURES NEW PROCEDUR...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 1: POST-LISBON ALIGNMENTOLD PROCEDURES NEW PROCEDUR...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 1: POST-LISBON ALIGNMENTOLD PROCEDURES NEW PROCEDUR...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDUREWEEE – EP vs Council• EP conc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDUREWEEE – EP vs Council• EP conc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDUREWEEE – EP vs Council• EP conc...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDURE‘Procedure’becoming part of t...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 3: THE ‘NUCLEAR OPTION’‘Take it or leave it’ choice...
Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 4: PUTTING POLICY IN ‘SILOS’Some issues encompass w...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSImpact:• Don’t forget the impact of ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSTiming:• Think about comitology impa...
Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSNetwork:• For DAs and IAs, know the ...
Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSStay informed:• Commission desk offi...
Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. ...
Thank you foryour attention…and see you on 12 June!
Regulatory Affairs: What you should know about   implementing and delegated acts
Regulatory Affairs: What you should know about   implementing and delegated acts
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Regulatory Affairs: What you should know about implementing and delegated acts

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"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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  • This is a great slide, but it would need to be arranged in a more visual way i think – the legal basis on the top as a wide rectangle, and below it the comito decision and within that 5 unitsImportant to give the designer detailed instructions
  • This is a great slide, but it would need to be arranged in a more visual way i think – the legal basis on the top as a wide rectangle, and below it the comito decision and within that 5 unitsImportant to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • Important: give an example aleady here, or even re-use the one in the beginning such as energy labelling, and demonstrate the procedure using that one
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • As we see later, the lines can often be blurred…Important to give the designer detailed instructions
  • Transcript of "Regulatory Affairs: What you should know about implementing and delegated acts"

    1. 1. Free Webinar - 22 May 2013 -1-2pmPlease turn up your computer speakers or put on yourheadsetYou can ask questions in writing in the chat panelRegulatory Affairs: What youshould know about implementingand delegated acts
    2. 2. Free Webinar - 22 May 2013 -1-2pmPlease turn up your computer speakers or put on yourheadsetYou can ask questions in writing in the chat panelWELCOME to the 3rd FREEwebinar
    3. 3. ABOUT THE WEBINARSERIES1
    4. 4. EU Lobbying, Ethics &Transparency: "Do"-s and"Dont"-sRisk Regulation in theEU: Sectors, Advocacyand the PrecautionaryPrincipleRegulatory AffairsExplained: What youmust know aboutimplementing &delegated actsHow to Master EUInterest Representation:The BM guide to EUlobbying best practices7 Tips for Effective EUPublic Affairs: Practicalideas to reach the highestimpact for your issueDigital Communication inEU Affairs: How to masterTwitter, Linkedin & socialmedia in public affairsEU Public Affairs Forecastuntil June 2014: What toexpect until the end ofBarroso II and beyond?
    5. 5. GOOD TO KNOW2
    6. 6. Turn off your Outlook, Skype and other programs
    7. 7. Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat box
    8. 8. Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during & after thepresentation
    9. 9. Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during & after thepresentationPresentation will take approx. 40 mins, followed by Q&A
    10. 10. Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during & after thepresentationPresentation will take approx. 40 mins, followed by Q&AThe webinar is being RECORDED
    11. 11. Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during & after thepresentationPresentation will take approx. 40 mins, followed by Q&AThe webinar is being RECORDEDRecording & PPT will be made available within 3 days
    12. 12. Turn off your Outlook, Skype and other programsAsk via chat in the bottom left chat boxQuestions will be answered during & after thepresentationPresentation will take approx. 40 mins, followed by Q&AThe webinar is being RECORDEDRecording & PPT will be made available within 3 daysTranscript will be available within 1 week
    13. 13. SPEAKER & ORGANISER3
    14. 14. SPEAKERDavid O’Leary:DirectoratBurson-MarstellerBrussels.HespecialisesintheworkingsoftheEUinstitutionsandinpolicyareassuchasfood,consumergoodsandICT.Regulatory Affairs: What youshould know about implementingand delegated acts
    15. 15. SPEAKER MODERATORDavid O’Leary András BANETHDirectoratBurson-MarstellerBrussels.Hespecialises Director–EuropeanTrainingAcademyintheworkingsoftheEUinstitutionsandinpolicyareassuchasfood,consumergoodsandICT.Regulatory Affairs: What youshould know about implementingand delegated acts
    16. 16. THE PRESENTATION4
    17. 17. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.THE NEW COMITOLOGY:WHAT YOU SHOULDKNOW ABOUTIMPLEMENTING ANDDELEGATED ACTSDavid O’Leary //Burson-Marsteller Brussels
    18. 18. Evidence-based communications. Inform. Measure. Monitor. Succeed.TODAY’S PRESENTATIONPart 1Comitology basics: what, who, why, when?Part 2New comitologya) Delegated actsb) Implementing actsPart 3Conflicts and controversiesPart 4Tips for working with the new comitology
    19. 19. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.PART 1COMITOLOGY BASICS:WHAT, WHO, WHY, WHEN?
    20. 20. Evidence-based communications. Inform. Measure. Monitor. Succeed.WHAT IS COMITOLOGY?• ‘Filling in the gaps’or ‘dealing with details’• ‘An obscure system for taking important decisions’
    21. 21. Evidence-based communications. Inform. Measure. Monitor. Succeed.WHAT IS COMITOLOGY?• A way of ‘filling in the gaps’or ‘dealing with details’• An obscure system for taking big decisions
    22. 22. Evidence-based communications. Inform. Measure. Monitor. Succeed.WHAT IS COMITOLOGY?Affects a wide range of sectors:
    23. 23. Evidence-based communications. Inform. Measure. Monitor. Succeed.CommissionEP CouncilCO-DECISIONPROPOSES LEGISLATIONWHAT IS COMITOLOGY?12to48months
    24. 24. Evidence-based communications. Inform. Measure. Monitor. Succeed.CommissionEP CounilCO-DECISIONPROPOSES LEGISLATIONWHAT IS COMITOLOGY?NON-LEGISLATIVE ACTS(VIA COMITOLOGY)EP CouncilCommission(+ experts)12to48months2daystoseveralmonths
    25. 25. Evidence-based communications. Inform. Measure. Monitor. Succeed.BASIC ACTWHO’S INVOLVED?COMMISSION ADOPTSNON-LEGISLATIVE ACTConsults expertcommitteesCommissionproposesLegislator(EP & Council)controls(scrutiny orveto)
    26. 26. Evidence-based communications. Inform. Measure. Monitor. Succeed.WHO’S INVOLVEDAround 250 committees of nationalexperts, chaired by the Commission
    27. 27. Evidence-based communications. Inform. Measure. Monitor. Succeed.WHY COMITOLOGY?• Speed: faster than co-decision• Efficient: does not block EP/Council• Reactive: no need to convene ministers, MEPs• Expertise: technical details need specialist knowledgeBut:• Democracy?• Accountability?• Transparency?
    28. 28. Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc procedures
    29. 29. Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc procedures70sRapid development
    30. 30. Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc procedures70sRapid development1987First horizontalrules
    31. 31. Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc procedures70sRapid development1987First horizontalrules1999New horizontaldecision+ EP involved
    32. 32. Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc procedures70sRapid development1987First horizontalrules20061999Amended rules:RPS + EP vetoNew horizontaldecision+ EP involved
    33. 33. Evidence-based communications. Inform. Measure. Monitor. Succeed.A BRIEF HISTORY OF COMITOLOGY60sCAPneeds rulesAd hoc procedures70sRapid development1987First horizontalrules2009 20061999Lisbon: Delegated &ImplementingActs(plus RPS ‘hangover’)Amended rules:RPS + EP vetoNew horizontaldecision+ EP involved
    34. 34. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.PART 2NEW COMITOLOGY :CHANGES AFTER LISBON
    35. 35. Evidence-based communications. Inform. Measure. Monitor. Succeed.THE PRE-LISBON REGIME• One legal basis:Article 202 EC• One legal framework / set of rules:Comitology Decision (Council Decision 1999/468)
    36. 36. Evidence-based communications. Inform. Measure. Monitor. Succeed.THE POST-LISBON REGIME• Two legal bases:Delegated acts (DAs): Articles 290 TFEUImplementing acts (IAs): Article 291 TFEU• Two legal frameworks / sets of rules:DAs: Article 290IAs: Article 291 + Comitology Regulation (Counciland EP Regulation 182/2011)
    37. 37. Evidence-based communications. Inform. Measure. Monitor. Succeed.CHOOSING THE RIGHT PROCEDUREDelegated actsNon-legislative actAmend/supplement legislationNon-essential
    38. 38. Evidence-based communications. Inform. Measure. Monitor. Succeed.CHOOSING THE RIGHT PROCEDUREDelegated actsNon-legislative actAmend/supplement legislationNon-essentialImplementing actsNon-legislative actImplement legislationOften essential
    39. 39. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.In detail:Delegated acts
    40. 40. Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of national experts:Commission formally acts alone(but… informal consultation with national experts)
    41. 41. Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of national experts:Commission formally acts alone(but… informal consultation with national experts)• No horizontal procedure, only treaty rules:Legislator decides case-by-case on how to delegate(but… „common understanding‟to avoid confusion)
    42. 42. Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of national experts:Commission formally acts alone(but… informal consultation with national experts)• No horizontal procedure, only treaty rules:Legislator decides case-by-case on how to delegate(but… „common understanding‟to avoid confusion)• Strong powers for legislatorEither EP or Council can veto measure or revoke power
    43. 43. Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of national experts:Commission formally acts alone(but… informal consultation with national experts)• No horizontal procedure, only treaty rules:Legislator decides case-by-case on how to delegate(but… „common understanding‟to avoid confusion)• Strong powers for legislatorEither EP or Council can veto measure or revoke power• Inter-institutional parityEP and Council have equal powers, right to information(but… informal consultation with national experts)
    44. 44. Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of national experts:Commission formally acts alone(but… informal consultation with national experts)• No horizontal procedure, only treaty rules:Legislator decides case-by-case on how to delegate(but… „common understanding‟to avoid confusion)• Strong powers for legislator:Either EP or Council can veto measure or revoke power• Inter-institutional parity:EP and Council have equal powers, right to information(but… informal consultation with national experts)
    45. 45. Evidence-based communications. Inform. Measure. Monitor. Succeed.‘COMMON UNDERSTANDING’• No horizontal procedure, only treaty rules:Legislator decides case-by-case on how to delegate – interms of objectives, content, duration and scopeCommon understanding gives basic models:Evidence-based communications. Inform. Measure. Monitor. Succeed.
    46. 46. Evidence-based communications. Inform. Measure. Monitor. Succeed.DELEGATED ACTS: KEY FEATURES• No formal committees of national experts:Commission formally acts alone(but… informal consultation with national experts)• No horizontal procedure, only treaty rules:Legislator decides case-by-case on how to delegate(but… „common understanding‟to avoid confusion)• Strong powers for legislator:Either EP or Council can veto measure or revoke power• Inter-institutional parity:EP and Council have equal powers, right to information(but… informal consultation with national experts)
    47. 47. Evidence-based communications. Inform. Measure. Monitor. Succeed.VETOING OR REVOKING POWERS• EP and Council cannot amend draft measures• ‘Nuclear options’: veto or revoke power• Big majorities needed to veto or revoke:– EP: absolute majority of all MEPs– Council: qualified majority
    48. 48. Evidence-based communications. Inform. Measure. Monitor. Succeed.VETOING OR REVOKING POWERS• EP and Council cannot amend draft measures• ‘Nuclear options’: veto or revoke power• Big majorities needed to veto or revoke:– EP: absolute majority of all MEPs– Council: qualified majority• EP/Council have 2+2 months to object to an act• Any reason allowed for veto or revocation• Under ‘common understanding’, EP and Council mustgive each other one month’s notice of intention to revoke
    49. 49. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.Delegated acts:An example
    50. 50. Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLING
    51. 51. Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLING
    52. 52. Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLING
    53. 53. Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ENERGY LABELLINGNew labels from 1 July 2013:A +++A ++A +ABCDA++
    54. 54. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.In detail:Implementing acts
    55. 55. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of national experts:Commission cannot act as it wishes
    56. 56. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of national experts:Commission cannot act as it wishes• Horizontal procedures set by EP and Council:‘Advisory’and ‘examination’procedures
    57. 57. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of national experts:Commission cannot act as it wishes• Horizontal procedures set by EP and Council:‘Advisory’and ‘examination’procedures• Weaker powers for legislator:Only right of scrutiny – oblige Commission to review act
    58. 58. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of national experts:Commission cannot act as it wishes• Horizontal procedures laid down by EP and Council:‘Advisory’and ‘examination’procedures• Weaker powers for legislator:Only right of scrutiny – oblige Commission to review act• Inter-institutional disparityMember states in control in committees
    59. 59. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: KEY FEATURES• Formal committees of national experts:Commission cannot act as it wishes• Horizontal procedures set by EP and Council:‘Advisory’and ‘examination’procedures• Weaker powers for legislator:Only right of scrutiny – oblige Commission to review act• Inter-institutional disparityMember states in control in committees
    60. 60. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: TWO PROCEDURESAdvisory procedure:• ‘Default’procedure• Used for funding decisions; less controversial measures• Commission takes ‘utmost account’of committee’s views
    61. 61. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: TWO PROCEDURESAdvisory procedure:• ‘Default’procedure• Used for funding decisions; less controversial measures• Commission takes ‘utmost account’of committee’s viewsExamination procedure:• Applies to issues of ‘general scope’or ‘sensitive topics’ –e.g. trade, taxation, human health, animalhealth, plant health, theenvironment, agriculture, fisheries…• Committee votes on measures• Appeal committee (deputy perm reps) may intervene• Member states keep significant control
    62. 62. Evidence-based communications. Inform. Measure. Monitor. Succeed.IMPLEMENTING ACTS: TWO PROCEDURESAdvisory procedure:• ‘Default’procedure• Used for funding decisions; less controversial measures• Commission takes ‘utmost account’of committee’s viewsExamination procedure:• Applies to issues of ‘general scope’or ‘sensitive topics’ –e.g. trade, taxation, human health, animalhealth, plant health, theenvironment, agriculture, fisheries…• Committee votes on measures• Appeal committee (deputy perm reps) may intervene• Member states retain significant control
    63. 63. Evidence-based communications. Inform. Measure. Monitor. Succeed.EXAMINATION PROCEDURECommission proposesQM +COM may adopt unless:Simple majority againstBasic act forbids‘Sensitive topic’EXAMINATION COMMITTEENo QMQM - ACT ADOPTEDCOM acts:(Within two months) Submits new draft act(Within one month) Send to appeal cttee
    64. 64. Evidence-based communications. Inform. Measure. Monitor. Succeed.EXAMINATION PROCEDUREQM +COM may adopt unless:Multilateral trade safeguardOn sensitive issues, decisionmust reflect predominant viewAPPEAL COMMITTEENo QMQM - ACT ADOPTEDACT NOT ADOPTED
    65. 65. Evidence-based communications. Inform. Measure. Monitor. Succeed.ACTING URGENTLY• Commission can adopt urgent measures if needed• Committees have ex-post control – a negative opinionmeans the act is repealed• Example: post-Fukushima measures
    66. 66. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.Implementing acts:An example
    67. 67. Evidence-based communications. Inform. Measure. Monitor. Succeed.AN EXAMPLE: ORPHACOL• Positive EMA opinion on Orphacol - but Commissionproposed not to give a market authorisation• Examination committee: QMV opposed Commission• Appeal committee: QMV opposed Commission• New draft tabled: no QMV either way• Commission had discretion – and stuck by itsoriginal decision
    68. 68. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.Overview:Delegated acts vsimplementing acts
    69. 69. Evidence-based communications. Inform. Measure. Monitor. Succeed.OVERVIEWDelegated acts Implementing actsSupplement and amend‘non essential elements’Role Provide uniform conditionsfor implementing EU actsGeneral application Scope General or individualapplicationNo (not formally) Expert committees YesIn individual legislation +‘common understanding’Legal basis Horizontal EP/CouncilRegulationEP/Council can veto orrevoke delegationScrutiny Member states can block;EP/Council scrutinyOngoing replacement of‘RPS’ until 2014 – andsome disputes…Alignment Automatically replaced oldcomitology on 1 March2011
    70. 70. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.PART 3CONFLICTS ANDCONTROVERSIES
    71. 71. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 1: POST-LISBON ALIGNMENTOLD PROCEDURES NEW PROCEDURESIMPLEMENTING ACTS (AUTOMATIC ALIGNMENT)ADVISORY ADVISORYMANAGEMENTEXAMINATIONREGULATORY
    72. 72. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 1: POST-LISBON ALIGNMENTOLD PROCEDURES NEW PROCEDURESIMPLEMENTING ACTS (AUTOMATIC ALIGNMENT)ADVISORY ADVISORYMANAGEMENTEXAMINATIONREGULATORYDELEGATED ACTS (ONGOING ALIGNMENT OF EACH LAW)REGULATORY PROCEDURE WITHSCRUTINYDELEGATED ACTS
    73. 73. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 1: POST-LISBON ALIGNMENTOLD PROCEDURES NEW PROCEDURESIMPLEMENTING ACTS (AUTOMATIC ALIGNMENT)ADVISORY ADVISORYMANAGEMENTEXAMINATIONREGULATORYDELEGATED ACTS (ONGOING ALIGNMENT OF EACH LAW)REGULATORY PROCEDURE WITHSCRUTINYDELEGATED ACTS
    74. 74. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDUREWEEE – EP vs Council• EP concedes to Council – IAs chosen over DAs• Notes than “shall not be used as a precedent”
    75. 75. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDUREWEEE – EP vs Council• EP concedes to Council – IAs chosen over DAs• Notes than “shall not be used as a precedent”Cross-border healthcare – EP/Council vs Commission• EP concedes to Council – IAs chosen over DAs• Commission notes that legality of IAs may be questioned– says they should be DAs
    76. 76. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDUREWEEE – EP vs Council• EP concedes to Council – IAs chosen over DAs• Notes than “shall not be used as a precedent”Cross-border healthcare – EP/Council vs Commission• EP concedes to Council – IAs chosen over DAs• Commission notes that legality of IAs may be questioned– says they should be DAsBiocides – EP/Council vs Commission, the ECJ rules• EP concedes to Council – IAs chosen over DAs• Commission takes EP/Council to Court to challenge useof IAs
    77. 77. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 2: CHOICE OF PROCEDURE‘Procedure’becoming part of the negotiation betweenEP and Council• EP seems willing to trade ‘substance’for ‘procedure’• Biocides case should give clearer indication of linebetween DAs and IAs
    78. 78. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 3: THE ‘NUCLEAR OPTION’‘Take it or leave it’ choice can be tricky…Food additives:• Commission included a ‘meat glue’ in a list of 20 foodadditives• EP vetoed, blocking all 20 additives• Did Commission think EP would not veto all additivesbecause it disliked one additive?
    79. 79. Evidence-based communications. Inform. Measure. Monitor. Succeed.ISSUE 4: PUTTING POLICY IN ‘SILOS’Some issues encompass wider interests that can bemissed in policy-specific comitology proceduresAirport body scanners:• Commission draft act adopted by transport experts• EP Transport Committee signalled its approval• MEPs on Civil Liberties Committee heard about plan andobjected to lack of privacy safeguards• EP President wrote to Commission, which withdrewmeasureNB: a formal veto is not the only way to block a proposal…
    80. 80. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.PART 4TIPS FOR WORKING WITHTHE NEW COMITOLOGY
    81. 81. Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSImpact:• Don’t forget the impact of comitology:– 60-70 legislative acts per year– > 2,000 delegated or implementing acts per year• It can affect key business issues –labelling, marketing, authorisations…Procedure:• Ensure you know which one applies to your issue• In the legislative phase, think about whether you canaffect the choice in your favour (including for texts thatneed to be aligned)
    82. 82. Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSTiming:• Think about comitology impact from legislative phase sothat ‘objective, scope, duration, content’ suit your needs• Focus on comitology measures as soon as the law ispassed – the Commission will be thinking about them!• Get in early – influence the content while the Commissionis drafting to avoid calling for a ‘nuclear option’• Remember, the nuclear option is difficult to achieve:– Lack of expertise/understanding in EP/Council– Too many measures– Too little time (2+2 months)– Thresholds are very high (absolute majority / QMV)
    83. 83. Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSNetwork:• For DAs and IAs, know the Commission desk officerresponsible• For IAs in particular, find out the committee involved andwho sits on it – often officials in national capitals• For DAs in particular, consider which MEPs areinterested and wish to be kept informed… you may needthem in the scrutiny phase (Baby milk health claim case)• Consultations may include experts from Parliament ornon-institutional actors - another chance to influence
    84. 84. Evidence-based communications. Inform. Measure. Monitor. Succeed.‘NEW COMITOLOGY’ TIPSStay informed:• Commission desk officer• EP committee secretariats• Perm Reps• Comitology register
    85. 85. Evidence-based communications. Inform. Measure. Monitor. Succeed.Evidence-based communications. Inform. Measure. Monitor. Succeed.ANY QUESTIONS?
    86. 86. Thank you foryour attention…and see you on 12 June!
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