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Reform of the Comitology Regulation [EU Legislation in Progress]

Written by Rafał Mańko (1st edition),

© Jürgen Fälchle / Adobe Stock

On 14 February 2017, the European Commission adopted a proposal amending Regulation (EU) No 182/2011 (the ‘Comitology Regulation’) in order to increase the transparency and accountability of the decision-making process leading to the adoption of implementing acts. The main elements of the proposal include amending the voting rules for the Appeal Committee (AC) in order to reduce the risk of a no opinion scenario and to clarify the positions of the Member States, providing for the possibility of a further referral to the AC at ministerial level if no opinion is delivered, and increasing the transparency of the comitology procedure by making public the votes of the Member States’ representatives in the AC. Following the opinions of a number of committees, submitted in the previous and current terms, on 12 October 2020, Parliament’s Committee on Legal Affairs adopted its report. It proposes to oblige Member States’ representatives to give reasons for their vote, abstention or for any absence from the vote, and where particularly sensitive areas are concerned (consumer protection, health and safety of humans, animals or plants, or the environment), also case-specific detailed reasons for their vote or abstention. Other amendments concern better accessibility to the comitology register to increase transparency for citizens, and empowering Parliament and Council to call on the Commission to submit a proposal amending the basic act, where they deem it appropriate to review the implementing powers granted to the Commission. A partial first-reading report was adopted on 17 December 2020 in plenary and the file was referred back to the Legal Affairs Committee for interinstitutional negotiations.

Complete version

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers
Committee responsible: Legal Affairs Committee (JURI) COM(2017) 085
14.2.2017
Rapporteur: to be appointed following resignation of József Szájer (EPP, Hungary) 2017/0035(COD)
Shadow rapporteurs: Bettina Vollath (S&D, Austria)
Pascal Durand (Renew, France)
Marie Toussaint (Greens/EFA, France)
Angel Dzhambazki (ECR, Bulgaria)
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
Next steps expected: Appointment of new rapporteur and trilogue negotiations

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