Committee proceedings for the Control of Implementing Powers (Regulation)
“Implementing acts” serve the purpose of implementing legislative EU acts. The implementation of legally binding EU acts subject to national law is principally a task of the Member States. If an implementation is required throughout the EU, the basic act provides for a conferment of powers upon the Commission. The Regulation Proposal is laying down the rules for control by Member States of the Commission’s exercise of implementing powers.
The planned committee proceedings reduce the number of procedures of the comitology decision to either an advisory procedure or an examination procedure, granting to the committee the right to veto the adoption of implementing measures. The loss of control on the part of Member States and, at the same time, the considerable gain in power for the Commission due to the advisory procedure being the ordinary procedure, can be limited by stipulating certain requirements relating to the exercise of implementing powers in the basic act. The aim of the Regulation, namely to objectify with binding criteria the choice between either advisory or examination procedures, is thus not met. For the criteria for choosing either the advisory or the examination procedure do not set any real limits to the exercise of discretion. Some of the provisions of the Regulation Proposal – in particular on the examination procedure – are too vague and thus create unjustified room for manoeuvre for the Commission at the cost of Member States.