Brussels, 21/12/2010 (Agence Europe) - In 2011 a new mechanism for implementing EU legislation, as introduced in the framework of the Lisbon Treaty, will replace the old so-called “comitology” procedure (committees made up of representatives from member states). The new mechanism consists of two procedures (advisory and examination procedures) applicable when the European Parliament and the Council grant the Commission implementing powers.
After nine months of negotiations, the European Parliament confirmed on 16 December an agreement with the Council on the new regulation laying out the Commission's implementing powers remit. This new regulation, which enters into force on 1 March 2011, will automatically replace the existing system. Maroš Šefèoviè, the commissioner for institutional relations and administration, declared that “agreement on this very important piece of legislation will have a major impact on the way the Commission implements European policies. The new rules establish a system of control by member states of the implementing powers given to the Commission which will be simpler, more efficient, more transparent and in full compliance with the Treaty”. The Lisbon Treaty includes two kinds of Commission competences: those delegated for adopting quasi-legislative measures and implementing powers. As in the past, the control mechanism included in the regulation is based on “committee procedure” but contrary to the current system, the Council cannot intervene as an appeals body. In certain cases, it could, nevertheless, prove necessary to set up to an “appeals committee”, chaired by the Commission. There is therefore the possibility of re-examining draft measures or amending them, if necessary. The regulation also stipulates that implementing powers in areas of action such as trade defence will be covered under the normal system. Until now, these measures have been subject to special procedures in which the Council frequently had the last word. The new rules fully take into account the role bestowed upon the Commission by the treaties: only a vote by the committee (according to qualified majority voting) against a draft implementing power would be able to prevent the Commission from adopting it. The only case in which the Commission has to obtain a favourable opinion from the committee for adopting the draft act on implementing powers is the one involving definitive multilateral trade safeguard measures. The Commission regrets this exception to the normal rules. (B.C./transl.fl)