Control of Implementing Powers through Committees (Regulation)
“Implementing acts” serve to implement a legally binding EU legal act. Implementing binding legal EU acts according to national law is in principle the duty of Member States. If an EU-wide implementation is required, the basic legal act serves to delegate implementing powers to the Commission. The Member States control the exercise of the implementing powers by the Commission through committees. The Regulation rules such committee procedures.
Limiting committee procedures to an advisory procedure, an examination procedure and an appeal procedure creates more transparency and efficiency. Setting the advisory procedure with a non-binding delivered opinion by the committee as the standard procedure facilitates the adoption of implementing measures. The aim to objectify the procedure for choosing the advisory or examination procedure is not achieved, for the criteria do not set any real limits to the scope of selection. The appeal procedure following the examination procedure in defined cases allows for a “second instance” in politically sensitive constellations. In the advisory procedure, i.e. in most cases, neither the Member States nor the European Parliament or the Council have the right to veto if the Commission exceeds its implementing powers.