Documents considered by the Committee on 30 January 2019 Contents

12Comitology—adapting remaining legal acts to Lisbon procedures

Committee’s assessment

Legally and politically important

Committee’s decision

Cleared from scrutiny; further information requested

Document details

(a) Proposal for a Regulation of the European Parliament and the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 TFEU; (b) Proposal for a Regulation of the European Parliament and the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 TFEU

Legal base

(a) Articles 33, 43(2), 53(1), 62, 62(2), 91, 100(2), 114, 153(2)(b), 168(4)(a), 168(4)(b), 172, 192(1), 207, 214(3) and 338(1) TFEU; ordinary legislative procedure; QMV (b) Article 82(1) TFEU; ordinary legislative procedure, QMV

Department

Exiting the European Union

Document Numbers

(a) (38475), 5623/17 + ADD 1, COM(16) 799; (b) (38481), 5705/17 + ADD 1, COM(16) 798

Summary and Committee’s conclusions

12.1EU subordinate legislation can be made by the Commission, in accordance with the powers conferred by parent Directives, Regulations or Decisions. Before Lisbon, such legislation was made in committees, a process known as “comitology”. Much of it was aligned to Lisbon legislative procedures as either delegated acts (Article 290 TFEU) or implementing legislation (Article 291 TFEU) by the 2011 Comitology Regulation. Broadly-speaking, since Lisbon the Commission must consult a committee consisting of expert representatives of Member States on proposed implementing acts. In the case of delegated acts, the Council can veto the entry into force of an act or revoke the delegation to the Commission (as can the European Parliament). This requires a qualified majority vote by Member States in the Council. Collectively, implementing and delegated acts are sometimes referred to as EU “tertiary” legislation.

12.2However, some measures remain unaligned with Lisbon procedures and are still subject to old “regulatory procedure with scrutiny” procedure (RPS). The original text of these proposals aimed to align three such measures in the JHA field (civil judicial cooperation measures) and 165 in non-JHA fields to Lisbon procedure. As such, the proposals are mainly technical in nature. Their substance and effect are not being altered.

12.3The last time the Committee reported on these proposals, we granted a scrutiny waiver for a proposed partial General Approach (excluding 26 out of a total of 168 legal acts).175 Of the 26, 24 legal acts were removed from the non-JHA Regulation and two from the JHA Regulation.

12.4Following the agreement of the partial General Approach, the Minister of State for Exiting the EU (Lord Callanan) now provides an update in his letter of 22 January 2019. Before doing so, he reiterates that:

12.5He then outlines progress:

12.6The Minister then describes the substance of the new General Approach which:

12.7Following the agreement of the General Approach, the Minister reports that the Commission has proposed in trilogues that the institutions should align such acts it can before the EP elections in May 2019. The EP’s agreement to this will be conditional on the remaining acts not being withdrawn. The Government supports this approach.

12.8With the EP election deadline in mind, the Presidency is seeking to adopt the proposals in February 2019. Therefore the Minister now requests scrutiny clearance to enable the UK to support their final adoption.

12.9We thank the Minister for his letter. On the basis that the Government supports the outcome of trilogues, we are content now to clear these technical proposals from scrutiny. We take this opportunity however to ask for an update on a more substantive proposal affecting how implementing acts are made: the proposed Regulation amending the 2011 Comitology Regulation which governs the making of implementing acts.177 The last time the Government wrote to us with an update was on 28 June 2017.

Full details of the documents

(a) Proposal for a Regulation of the European Parliament and the Council adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 TFEU: (38475), 5623/17 + ADD 1, COM (16) 799; (b) Proposal for a Regulation of the European Parliament and the Council adapting a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny to Article 290 TFEU: (38481), 5705/17 + ADD 1, COM(16) 798.

Previous Committee Reports

Twentieth Report HC 301– xix (2017–19), chapter 2 (14 March 2018); Thirty-second Report, HC 71–xxx (2016–17), chapter 2 (22 February 2017).


175 Though we were originally told by the Government that this figure was 28.

176 This was after consultation between Committee staff and Government officials.

177 See the Report of the previous Committee: Fortieth Report HC 71–xxxvii (2016–17), chapter 14, 25 April 2017




Published: 5 February 2019