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

1. Regulatory Affairs: What you should know
about implementing and delegated acts
Regulatory Affairs:
implementing and delegated acts
The following document contains the answers to the questions from the participants at the free webinar on EU
public affairs held by the European Training Academy and Burson
information purposes only.
Q: As it seems that a basic aim of the comitology procedure is the quest for expertise and technical
knowledge, is there any consultation foreseen that would include experts and scientists for all the
employment spectrum and not only the ones coming from the gover
A: During the drafting process of such technical measures, the European Commission, as the initiator of
the act, conducts various stakeholder consultations and/or receives scientific input from EU agencies,
such as the European Food Safety Agency (E
assessment 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 the
necessary absolute majority? If so in what
A: No, the EP has not yet vetoed any measure. However, the EP can exercise a certain leverage already
by the 'threat' of such veto, so the Commission may be willing to listen more to the EP given the
eventuality of such veto power.
Q: "Influencing the Commission": am I the only one that worries? Seeing that the EC has no
transparency register the EU citizens have no vision on which lobbyists they meet.
A: The European Commission does have a Transparency Register, shared with th
and an increasing number of documents, meeting reports and agendas of EU officials and MEPs is made
public. Also worth noting that it is not only private interest groups or companies that wish to influence
the Commission but NGOs, civil organisations, diplomats and a large variety of EU stakeholders. Kindly
check 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 non
taken into account the consultations this doesn't look good from a democracy and transparency point
of view.
A: The Commission, when acting as a regulator or authority, is just as legitimate as any Member State
government, and its decisions are bound by strict civil service rules. The European Parliament, a directly
elected body, exercises democratic scrutiny over Commission decisions.
Regulatory Affairs: What you should know
about implementing and delegated acts
Webinar – May 22, 2013
Regulatory Affairs: What you should know about
implementing and delegated acts
Q&A
The following document contains the answers to the questions from the participants at the free webinar on EU
public affairs held by the European Training Academy and Burson-Marsteller on 22 May 2013. It is intended for
seems that a basic aim of the comitology procedure is the quest for expertise and technical
knowledge, is there any consultation foreseen that would include experts and scientists for all the
employment spectrum and not only the ones coming from the government?
During the drafting process of such technical measures, the European Commission, as the initiator of
the 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 impact
assessment to evaluate the impacts of the proposed measure.
so far, under the new comitology, used the opportunity to veto and achieved the
necessary 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 already
by 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 no
transparency 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 made
public. Also worth noting that it is not only private interest groups or companies that wish to influence
vil organisations, diplomats and a large variety of EU stakeholders. Kindly
check 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 bod
taken into account the consultations this doesn't look good from a democracy and transparency point
The Commission, when acting as a regulator or authority, is just as legitimate as any Member State
bound by strict civil service rules. The European Parliament, a directly
elected body, exercises democratic scrutiny over Commission decisions.
What you should know about
The following document contains the answers to the questions from the participants at the free webinar on EU
2013. It is intended for
seems that a basic aim of the comitology procedure is the quest for expertise and technical
knowledge, is there any consultation foreseen that would include experts and scientists for all the
During the drafting process of such technical measures, the European Commission, as the initiator of
the act, conducts various stakeholder consultations and/or receives scientific input from EU agencies,
FSA). This drafting phase may also include an impact
so far, under the new comitology, used the opportunity to veto and achieved the
No, the EP has not yet vetoed any measure. However, the EP can exercise a certain leverage already
by 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 no
e European Parliament,
and an increasing number of documents, meeting reports and agendas of EU officials and MEPs is made
public. Also worth noting that it is not only private interest groups or companies that wish to influence
vil organisations, diplomats and a large variety of EU stakeholders. Kindly
check our 1st webinar on EU transparency, ethics and lobbying, available on this website.
elected body and even
taken into account the consultations this doesn't look good from a democracy and transparency point
The Commission, when acting as a regulator or authority, is just as legitimate as any Member State
bound by strict civil service rules. The European Parliament, a directly

2. Regulatory Affairs: What you should know
about implementing and delegated acts
Q: 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 for
delegated acts, the Common Understanding between the EC, Council and EP lay t
is a non binding document.
Q: Can the Member States appoint any person to
is 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 State's public interests, not
any particular company or other stakeholder.
Q: What do you consider the main flaw of this complex system of decision
enough or you see the ways for its improvement?
A: For regulatory matters, it is relatively efficient, but there is certainly need for improvement when it
comes to transparency: the comitology register could be updated more frequently, and for delegated
acts, 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 Council's
work? (x MS + certain part of EU population?)
A: Yes, it is the same definition: until
these figures hold true, afterwards new figures are in force), representing 62% of the EU's population
and at least 14 Member States out of 27 must be in favour. From 2014, 55% of Member Sta
representing 65% of the EU's population must support a measure for qualified majority.
Q: You said previously that the comitology procedure might take from days to mo
have now a hang over of 4 YEARS post
A: Right when the Treaty of Lisbon entered into force on 1 December 2009, the new rules were
supposed to be applicable. Since delegated acts did not require any additional regulation or directive to
work, this was already in force from day 1. For implementing measures, a regu
detailed 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 such
measures can be very short if needed, so it is independent from the overall rules of the procedure itself.
Regulatory Affairs: What you should know
about implementing and delegated acts
Webinar – May 22, 2013
Could you please further detail how the horizontal EP/EC regulations work?
exist in the Regulation 118/2011 for all implementing measures, and for
delegated acts, the Common Understanding between the EC, Council and EP lay the ground though this
Can the Member States appoint any person to represent the country in the comitology process, or
is 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 State's public interests, not
any particular company or other stakeholder.
What do you consider the main flaw of this complex system of decision-making? Is it efficient
s for its improvement?
For regulatory matters, it is relatively efficient, but there is certainly need for improvement when it
comes to transparency: the comitology register could be updated more frequently, and for delegated
need disclose more information about its own planning process.
Is the definition of Qualified Majority in the examination procedure the same as for the Council's
population?)
Yes, it is the same definition: until 2014, it requires 255 votes out of 345 (until Croatia's accession
these figures hold true, afterwards new figures are in force), representing 62% of the EU's population
and at least 14 Member States out of 27 must be in favour. From 2014, 55% of Member Sta
representing 65% of the EU's population must support a measure for qualified majority.
You said previously that the comitology procedure might take from days to months. How come we
have now a hang over of 4 YEARS post-Lisbon?
eaty of Lisbon entered into force on 1 December 2009, the new rules were
supposed to be applicable. Since delegated acts did not require any additional regulation or directive to
work, this was already in force from day 1. For implementing measures, a regulation setting out the
detailed 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 such
if needed, so it is independent from the overall rules of the procedure itself.
exist in the Regulation 118/2011 for all implementing measures, and for
he ground though this
represent the country in the comitology process, or
is 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 State's public interests, not
making? Is it efficient
For regulatory matters, it is relatively efficient, but there is certainly need for improvement when it
comes to transparency: the comitology register could be updated more frequently, and for delegated
need disclose more information about its own planning process.
Is the definition of Qualified Majority in the examination procedure the same as for the Council's
2014, it requires 255 votes out of 345 (until Croatia's accession
these figures hold true, afterwards new figures are in force), representing 62% of the EU's population
and at least 14 Member States out of 27 must be in favour. From 2014, 55% of Member States
representing 65% of the EU's population must support a measure for qualified majority.
ths. How come we
eaty of Lisbon entered into force on 1 December 2009, the new rules were
supposed to be applicable. Since delegated acts did not require any additional regulation or directive to
lation setting out the
detailed 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 such
if needed, so it is independent from the overall rules of the procedure itself.