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Lisbon Treaty Implementation: Delegated and Implementing Acts Overview

Learn about the legislative procedures, delegated and implementing acts, control, alignment, key issues, and comitology processes as outlined in the Treaty of Lisbon. Discover how basic acts are established and how subsequent decisions are made to implement and supplement legislative acts.

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Lisbon Treaty Implementation: Delegated and Implementing Acts Overview

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  1. Treaty of Lisbon Delegated and Implementing Acts Kathryn Tierney, DG ENV 29 April 2014

  2. Ordinary legislative procedure (co decision – Art 289, TFEU) A legislative or “basic”act is established Special legislative procedure (Council with participation of EP or EP with participation of Council – Art 289, TFEU) Subsequent decisions are needed An implementing act To IMPLEMENT the legislative act, where uniform conditions are needed (Art 291, TFEU) A delegated act To SUPPLEMENT or AMEND non-essential elements of the legislative act (Art 290, TFEU)

  3. From Treaty to Implementation ‘Old’ ‘New’

  4. Birds and Habitats Directives Article 15 of Birds Directive 2009/147/EC:Amendment of Annexes I and V. Supplementing Amending •  Articles 4.1 and 4.2 of Habitats Directive 92/43/EC: Standard data form and Union lists of sites selected. Implementing  Article 19, Habitats Directive - amendments to Annexes I, II, III, V and VI to be adopted by the Council acting by qualified majority on a proposal from the Commission, and for Annex IV to be adopted by the Council acting unanimously on a proposal from the Commission.

  5. Control of delegated acts Commission Adoption of the delegated act Notification of the delegated act Parliament The delegated act cannot enter into force. The Commission may prepare and adopt a new one. Council RIGHT TO OBJECT Time-limit (generally 2 months with possible extension for the same period) If neither EP nor Council has objected or if they have both informed Commission that they don’t want to raise objections. If EP or Council expresses objections. Publication and entry into force of the delegated act

  6. Alignment to Delegated Acts Basic acts using Regulatory Procedure with Scrutiny (RPS) before Lisbon Commission committed to review the provisions attached to RPS in each basic act, in order to adapt them to the new Treaty. Overall objective: by the end of the current EP term (June 2014), all RPS provisions removed from all legislative acts. Commission has adopted 3 "omnibus" Proposals. For DG ENV: 28 acts, including Birds Direcctive, in 1st omnibus Proposal for alignment (COM(2013)451). EP/Council negotiations ongoing. Key issue = consultation of experts.

  7. Transitional period to 2014 2010 2011 2014 ? RPS still in use until basic acts are aligned Delegated acts used once basic acts have been aligned to new provisions For implementing acts, as of 1.3.2011, regulatory, management, advisory and safeguard procedures replaced with advisory and examination procedures. via new Regulation 182/2011.

  8. Set up in the basic act, e.g. provision that "The Commission shall be assisted by a committee". Governed by Regulation 182/2011 and by Standard and individual Rules of Procedure (obligatory). Formal "voting" committee. Attended by MS plus third parties and experts on a case-by-case basis, chaired by COM. EP isexcludedfromattending. Agenda addresses draft implementing acts and "other issues" related to implementing powers (for information or simple exchange of views). EP and Council informed of outcome of meeting via (external) votingsheet and summary record, uploaded in comitologyregister. Set up by Commission. Governed by "Framework for Commission Expert Groups: Horizontal Rules and public register" C(2010)7649. Informal consultation group – providing advice and expertise to COM – not binding. Attended by experts in personalcapacity or organisations' nominatedrepresentatives, or MS national authorities, chaired by COM or electedfrom the group, with COM agreement. EP mayrequest to attend. Agenda addresses preparation of legislative proposals and policy initiatives, preparation of delegated acts, and implementation of existing EU legislation, programmes COM ensuresthat information on the groups' activities are made public in the expert group register or via a link in the Register to a dedicatedwebsite. Comitology Committees vs Expert Groups Comitology Committee Commission Expert group

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