Implementing and delegated acts

Question 1

Why do implementing and delegated acts exist?

Answer 1

• legal acts sometimes do not or can not include all details, scientific evidence may change for instance
• OLP/SLP too burdensome to go through every time details change
• > Commission is granted power to adopt non-legislative acts to supplement non-essential elements of a legislative act (which includes general guidelines)

Question 2

Procedure of a delegated act

Answer 2

• EC will conduct consultations with experts designated by MS (no general rules about details, to be agreed upon individually)
• no formal requirement to consult with Committee of MS
• revocation of EC powers by EP or Council for a delegated act possible
• veto or revocation by EP (absolute majority of MEPs) or Council (QVM) against a delegated act within 2 months possible -> “nuclear option” (no amendment)
• however: EC consults national experts…

Question 3

Implementing act

Answer 3

Referring to acts required to ensure that uniform conditions apply to all MS, with respect to issues that have to be implemented through national legislation

Question 4

Procedure of an implementing act

Answer 4

• advisory procedure (not used as often)
• examination procedure
• Commission is assisted by committee with MS representatives
• EP influence is limited, MS and EC are in control
• Statistics: only in few cases no or a negative opinion is delivered

Question 5

Implementing act: Examination procedure

Answer 5

Committees deliver their opinion

• > positive and no opinion: Commission adopts draft
• > negative opinion: EC presents amended version within 2 months, or further deliberations

Question 6

Implementing act: Appeal committee

Answer 6

When referred to appeal committee:

• > positive and no opinion: Commission adopts draft
• > negative opinion: no adoption

Question 7

Implementing act: Urgent matters

Answer 7

• for exceptional cases only
• implementing act in force immediately, but need to be presented to appeal committee right away -> if negative opinion: cancellation of act

Question 8

Possible questions for exam: What is the difference implementing and delegated act?

Answer 8

(See also Session 17/03/21, around 7min before end of session)