22 Comitology — adaptation of the
regulatory procedure with scrutiny
| Committee's assessment
| Legally and politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Draft Regulation adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny
|
| Legal base | Article 81(2) TFEU; QMV; co-decision
|
| Department
Document numbers
| Ministry of Justice
(35179), 12539/13, COM(13) 452
|
Summary and Committee's conclusions
22.1 The delegation of powers to the Commission to
adopt subordinate legislation has been in operation for many years,
subject to various degrees of control by committees of Member
States, through a process known as "comitology". In
2009 the Lisbon Treaty replaced existing comitology procedures
with two legal instruments. It introduced powers for the Commission
to adopt "implementing acts" where "uniform conditions
for implementation" are needed (Article 291 TFEU). It also
introduced powers for the Commission to adopt "delegated
acts", which are measures to "supplement or amend certain
non-essential elements of a basic legislative act" (Article
290 TFEU).
22.2 Subsequently, Regulation No. 182/2011, the comitology
Regulation, laid down new rules and general principles for committee
procedures to control the Commission's exercise of its powers
to make implementing acts. It also converted most of the old pre-Lisbon
comitology procedures to the new ones. However, one old procedure
— known as "Regulatory Procedure with Scrutiny"
("RPS") — was not included in this. Instead, the
Commission issued a statement that it would review the provisions
attached to this procedure in each instrument it intends to modify,
in order to adapt them in due course according to criteria laid
down in the Treaty; and that it would assess the results of this
process by the end of 2012 in order to estimate how many legislative
acts containing references to the RPS remain in force. It would
then prepare the appropriate legislative initiatives to complete
the adaptation.
22.3 This proposal was intended to convert, wholesale,
existing RPS procedures in the area of justice to the delegated
legislation procedure.
22.4 The Government, with the support of this Committee,
objected to the automatic wholesale conversion to the delegated
legislation procedure. Since the Lisbon Treaty Member States have
generally favoured the implementing legislation procedure because
it gives them a greater say in the formulation of the subordinate
legislation.
22.5 The Minister has informed the Committee, by
letter dated 18 March 2015, that the Commission has withdrawn
this proposal, notice of which has appeared in the Official Journal
of the European Union on 7 March 2015.[92]
22.6 This proposal having been withdrawn we clear
it from scrutiny.
22.7 A welcome consequence of the withdrawal of
this proposal is that the Commission will now need to address
on a case by case basis the updating of remaining subordinate
legislation powers which use the Regulatory Procedure with Scrutiny.
Full details of the documents:
Draft Regulation adapting to Article 290 of the Treaty on the
Functioning of the European Union a number of legal acts in the
area of Justice providing for the use of the regulatory procedure
with scrutiny: (35179), 12539/13, COM(13) 452.
Previous Committee Reports
Twenty-sixth Report HC 83-xxiii (2013-14), chapter
9 (4 December 2013), Thirteenth Report HC 83-xiii (2013-14), chapter
14 (4 September 2013).
92 OJ C 2015/80, 7 March 2015, p.21. Back
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