Regulatory Affairs: What you should know about implementing and delegated acts Q&A The following document contains the answers to the questions from the participants at the free webinar on EU public affairs held by the European Training Academy and Burson Burson-Marsteller on 22 May 2013. It is intended for information purposes only.
Q: As it seems that a basic aim of the comitology procedure is the quest for expertise and technical knowledge, is there any consultation foreseen that would include experts and scientists for all the employment spectrum and not only the ones coming from the gover government? A: During the drafting process of such technical measures, the European Commission, as the initiator of the act, conducts various stakeholder consultations and/or receives scientific input from EU agencies, such as the European Food Safety Agency (E (EFSA). FSA). This drafting phase may also include an impact assessment to evaluate the impacts of the proposed measure. Q: Has the EP so far, under the new comitology, used the opportunity to veto and achieved the necessary absolute majority? If so in what policy area/on which issue? A: No, the EP has not yet vetoed any measure. However, the EP can exercise a certain leverage already by the 'threat' of such veto, so the Commission may be willing to listen more to the EP given the eventuality of such veto power. Q: "Influencing the Commission": am I the only one that worries? Seeing that the EC has no transparency register the EU citizens have no vision on which lobbyists they meet. A: The European Commission does have a Transparency Register, shared with th the e European Parliament, and an increasing number of documents, meeting reports and agendas of EU officials and MEPs is made public. Also worth noting that it is not only private interest groups or companies that wish to influence the Commission but NGOs, civil vil organisations, diplomats and a large variety of EU stakeholders. Kindly check our 1st webinar on EU transparency, ethics and lobbying, available on this website. Q: Why can the Commission (and its agencies) even take decisions? It is a non non-elected elected body bod and even taken into account the consultations this doesn't look good from a democracy and transparency point of view. A: The Commission, when acting as a regulator or authority, is just as legitimate as any Member State government, and its decisions are bound by strict civil service rules. The European Parliament, a directly elected body, exercises democratic scrutiny over Commission decisions.
Regulatory Affairs: What you should know about implementing and delegated acts Webinar – May 22, 2013
Q: Could you please further detail how the horizontal EP/EC regulations work? A: The horizontal rules exist in the Regulation 118/2011 for all implementing measures, and for delegated acts, the Common Understanding between the EC, Council and EP lay tthe he ground though this is a non binding document.
Q: Can the Member States appoint any person to represent the country in the comitology process, or is it mandatory that it is an official of the relevant Ministry, Government Agency etc? A: Each Member State is free to choose who it sends to to a 'comitology' (advisory or examination) committee, but off course such person should be representing that Member State's public interests, not any particular company or other stakeholder. decision-making? making? Is it efficient Q: What do you consider the main flaw of this complex system of decision enough or you see the wayss for its improvement? A: For regulatory matters, it is relatively efficient, but there is certainly need for improvement when it comes to transparency: the comitology register could be updated more frequently, and for delegated acts, the Commission would need disclose more information about its own planning process. Q: Is the definition of Qualified Majority in the examination procedure the same as for the Council's work? (x MS + certain part of EU population?) A: Yes, it is the same definition: until 2014, it requires 255 votes out of 345 (until Croatia's accession these figures hold true, afterwards new figures are in force), representing 62% of the EU's population and at least 14 Member States out of 27 must be in favour. From 2014, 55% of Member States Sta representing 65% of the EU's population must support a measure for qualified majority. Q: You said previously that the comitology procedure might take from days to mo months. ths. How come we have now a hang over of 4 YEARS post post-Lisbon? A: Right when the Treaty eaty of Lisbon entered into force on 1 December 2009, the new rules were supposed to be applicable. Since delegated acts did not require any additional regulation or directive to work, this was already in force from day 1. For implementing measures, a regu regulation lation setting out the detailed rules had to be put in place, which entered into force on 1 March 2011, Regulation 118/2011. So the procedural parts are all done. For specific, individual 'comitology' acts, the time to adopt such measures can be very short if needed, so it is independent from the overall rules of the procedure itself.
Regulatory Affairs: What you should know about implementing and delegated acts Webinar – May 22, 2013