9 The working of the comitology committees
in 2013
| Committee's assessment
| Legally and politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Commission Report on the working of Committees during 2013
|
| Legal base | —
|
| Department | Foreign and Commonwealth Office
|
| Document numbers | (36353), 13389/14 + ADD 1, COM(14) 572
|
Summary and Committee's conclusions
9.1 Committees, consisting of representatives of
Member States, exercise oversight of the use of implementing powers
given to the Commission in EU legislative acts pursuant to Article
291 TFEU. This process is known as "comitology". The
current document is the third annual report on committee activities
which the Commission is required to present in accordance with
Article 10(2) of the Comitology Regulation (No. 182/2011).[47]
9.2 We noted in our Fifteenth Report that there did
not appear to have been any change of material concern in the
operation of the comitology committees in 2013, compared with
2012 (excepting the overall increase in the number of committees).
However, we were disappointed to see that there had been no significant
increase in the use of the more rigorous examination procedure
which gives Member States greater control over the act adopted.
9.3 On that question of control, we asked for a further
view from the Government on whether it considered that the Council
would be pressing for the wider use of examination procedure,
where there is scope to do so under the Comitology Regulation.
We also asked what impact if any, the judgment in Commission
v Parliament and Council[48]
(the Biocides case) could have in assisting Member States argue
a preference for implementing (as opposed to delegated) powers
to be conferred on the Commission. The Government now responds
to those questions, informing us that the Council has taken a
robust approach to promoting the examination procedure and that
it is too soon to predict with certainty the impact of the judgment
in the Biocides case.
9.4 We thank the Minister for his prompt and helpful
response. We are now content to clear this document from scrutiny.
Full details of the document:
Commission Report on the working of Committees during 2013:
(36353), 13389/14 + ADD 1, COM(14) 572.
Background and previous scrutiny
9.5 The current document is a new annual report on
the working of committees during 2013. We reported the assessment
and conclusions of the report and the Government's view of it
in our Fifteenth Report of 2014-15.
The Minister's letter of 3 November 2014
9.6 The Minister for Europe (Mr David Lidington)
first responds to the question we asked in our Fifteenth Report
concerning a wider use of the examination procedure in the exercise
of implementing powers. He says:
"Cabinet Office guidance to officials representing
the UK in European negotiations is clear that they should negotiate
for the appropriate committee procedure to be specified in the
basic act, thus increasing Member State control over Commission
implementing acts. The Council does press for use of the examination
procedure in cases other than where it is appropriate to use the
advisory procedure and I expect that to continue. As you are aware
from the Commission's report, the examination procedure, during
2013, was used in 116 committees in comparison to 25 committees
where the advisory procedure had been adopted. This is indicative
of the Council taking a robust approach in this regard."
9.7 He then considers our question concerning the
impact of the judgment in the Biocides case:
"You specifically asked what impact, if
any, the Judgment in Commission v Parliament and Council
(the Biocides case) could have in assisting Member States to argue
a preference, in any given case, for implementing powers to be
conferred on the Commission. Following this Judgment, it should
be easier for Member States to argue for implementing acts. In
this case the Court considered that in most situations the legislator
has discretion in deciding whether to confer a delegated act or
implementing act, and provided it could reasonably have taken
that view, the risk of successful challenge to that decision is
low. Given that this is a recent judgement, we do not yet have
quantitative evidence relating to its impact."
Previous Committee Reports
Fifteenth Report HC 219-xv, (2014-15), chapter 7
(22 October 2014).
47 Regulation 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. Back
48
C-427/12. Back
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