|Comitology Procedures under the 1999 Decision
1. Advisory committeeas its name suggests, this committee is essentially advisory. Member States are often represented by experts in the particular field, who together deliver an opinion on a Commission draft of the proposed implementing measure. Although the Commission is required to "take the utmost account of the opinion delivered by the committee", it is under no obligation to abide by it.
2. Management committeein management committees Member States are usually represented by civil servants, who again deliver an opinion on the Commission's draft within an agreed time limit. However, a management committee has the power to block the Commission's proposal if a qualified majority (as laid down in Article 205(2) of the Treaty) so vote. In such cases the Commission must notify the Council immediately, and may defer the application of the measures for a period authorised by the basic instrument, but which cannot be longer than three months. The Council may, by qualified majority, take a different decision. In practice such "unfavourable opinions" are rare, mainly because the Commission is often willing to adapt its proposals during the course of the committee meetingwith the committee then voting on the adapted proposal. A management committee is frequently used in relation to the application of the common agricultural and common fisheries policies.
3. Regulatory committeedepending on the importance of the proposals, a regulatory committee is generally composed of a higher grade of civil servant than a management committee. Measures of general scope designed to apply essential provisions should be adopted by a regulatory committee. Given the greater degree of importance of the measures considered by these committees, the Commission has to gain a qualified majority on the committee if the proposal is to be adopted. If it can not muster that majority, the Commission must immediately submit to the Council a proposal relating to the measures to be taken, and must inform the European Parliament. If the European Parliament considers the measure ultra vires (ie it exceeds the implementing powers provided for in the basic instrument), and if the basic instrument was subject to co-decision (as laid down in Article 251 of the Treaty), the Commission must inform the Council of the position. The Council may then act by qualified majority on the proposal, taking account of the view of the European Parliament where appropriate. If the Council rejects the proposal by a qualified majority, the Commission must either submit an amended proposal to the Council, or re-submit its original proposal or present a legislative proposal. In practice, the Commission is very unlikely to re-submit the proposal. If it proposes primary legislation, the European Parliament will then get a voice in the passage of the legislation.