Implementing and delegated acts Role of the Committee and the expert group Jill Michielssen European Commission, DG Environment Industrial emissions, air quality and noise Unit

Lisbon Treaty’s legislative hierarchy

–> Committee of competent authorities Implementing acts –> Committee of competent authorities

Regulation (EU) No 182/2011 Entered into force on 1 March (OJ L 55, 28.2.2011). Lays down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. Replaces Comitology Decision 1999/468/EC (with the exception of Regulatory procedure with scrutiny). 2 procedures (advisory & examination).

Regulation (EU) No 182/2011 Control by Member States only; the Council or the Parliament may indicate to the Commission that they consider a draft implementing act exceeds its implementing powers => needs to be reviewed by Commission Appeal committee with Commission in the chair Improved procedures in case of no opinion

Relevant provisions of Seveso III Article 27 – Reference to Committee established by Directive 96/82/EC Art.27(2) Reference to Art. 5 of Regulation (EU) N° 182/2011 – examination procedure (weighted voting in committee as in former regulatory procedure) Need to modify Rules of procedure to take into account new Regulation

Implementing acts under Seveso III Report forms for Information on accidents - Article 18(3) Four-yearly implementation report – Article 21(2) Information on establishments – Article 21(3) Databases on Seveso Plants (Seveso Plants Information Retrieval System) eMARS database (Major Accident Reporting System) By 01/01/2015

–> Seveso Expert group Delegated acts –> Seveso Expert group

Legal framework Communication from the President to the Commission C(2010)7649 (10.11.2010) and its accompanying Commission Staff Working Paper (SEC(2010) 1360 final) ->defining types of expert groups (formal/informal), key provisions on operation, membership and appointment.

Relevant provisions of Seveso III Article 25 – to adapt Annexes II to VI to technical progress Article 26 – procedure Adoption by Commission Notification to EP and Council Entry into force if no objection within 2 months (period can be extended with 2 months by EP or Council)

Role Prepare delegated acts Discuss general implementation issues Informal entity, no Rules of procedure, no formal opinion or vote EP has the right to be informed of meetings: the same documentation which is sent to the MS shall be sent to a functional mailbox (also to Council) Under certain conditions, EP has the right to participate in meetings.

Composition In principle same members/observers as CCA committee – unless MS indicates otherwise http://ec.europa.eu/transparency/regexpert/index.cfm?do=search.result Lists to be updated! Stakeholders invited (CEFIC and EEB, others upon request or on ad hoc basis) EP and Council informed - functional mailbox

Thank you for your attention!