1. Comitology and the Treaty of Lisbon
Similarities
Innovations

2. The Comitology World is United
Today
The Comitology World is United
Powers conferred on the Commission
for the implementation of legislative instruments
A single basis
Article 202, TEC
A single framework
The Comitology Decision
Covering both “quasi-legislative” acts (PRAC) and purely implementing acts
{Council Decision 1999/468/EC of 28 June 1999,
Amended by Council Decision 2006/512/EC of 18 July 2006}

3. The Comitology World will be Split
Tomorrow
The Comitology World will be Split
Two bases
Article 290, TFEU
Article 291, TFEU
Implementing
Acts
Delegated
Acts

4. DELEGATED ACTS
Article 290
DEFINITION 
Measures designed to supplement or amend certain non-essential elements of the basic act, i.e. “quasi-legislative acts”
SCOPE 
Similar to the scope of measures currently covered by the Regulatory Procedure with Scrutiny (PRAC) introduced in 2006

5. Legal regime of delegated acts: comparison with PRAC
Today
Tomorrow
A framework: Art. 5a of the
Comitology Decision.
Necessity to obtain an opinion from
a comitology committee.
EP and Council are not completely on
an equal footing.
Limited grounds for the right of opposition.
No binding framework.
Case by case basis.
No compulsory consultation of
committees.
Perfect equal footing between
EP and Council.
No limited grounds
for the right of opposition.
Right of revocation

6. Main objective of the Commission for delegated acts
Establishment of a “Framework” in order to avoid a piecemeal approach
Essential
Internally: clear guidelines for the services
Externally: common understanding with the other institutions

7. Contents of a future framework
Limits of the delegation of power (objectives, content, nature, scope and duration).
Preparation of a delegated act (consultation of experts from the Member States and possible role of the European Parliament).
Control by the legislator (opposition and revocation).

8. IMPLEMENTING ACTS Article 291
This provision should cover the measures currently adopted under “traditional” comitology procedures
Member States are responsible for the implementation of the Union law.
On a subsidiary basis, the Commission is entrusted this role of implementation, when uniform conditions for implementation are necessary.
It is therefore the Member States which have to control the Commission when the latter exercises its implementing powers.
Rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers have to be laid down in advance by a Regulation adopted under co decision by EP and Council.
This “framework regulation” will replace the 1999 Comitology Decision (for basic acts adopted after the entering into force of the Lisbon Treaty).

9. Possible contents of a future proposal of Comitology Regulation: comparison with the current Comitology Decision
Today
Tomorrow
The Comitology Decision
was adopted by the Council only.
Advisory procedure.
2 procedures in which committees of
Member States deliver opinions
by QM (Management & Regulatory).
Referral to Council in case of
divergences with committees’ opinions.
The Commission SHALL adopt the draft
measures against which there is no QM.
The Comitology Regulation
will be adopted by co decision.
Advisory procedure maintained.
A single procedure in which
committees may oppose by QM to
the draft measures.
No referral to Council. No institutional role
for EP either.
Flexibility for the Commission, which MAY
adopt the draft measures where there is no
QM against.