Abstract
This chapter considers the kinds of binding decisions which can be taken at EU level which are not ‘legislative’. We now have two separate kinds of acts, ‘delegated acts’ and ‘implementing acts’, which can be adopted on the basis of EU legislation. These reflect a differentiation regarding the nature of the tasks given to the Commission by the EU legislator (that is, the European Parliament and the Council) and the consequent requirements in terms of accountability. The first section summarises the main points which characterise the two categories of acts. The second section outlines some of the questions which have arisen as these new arrangements have been introduced. The third section takes some examples related to the Food Information to Consumers regulation.
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Notes
- 1.
The procedures are laid down in Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. OJ L 55 of 28 February 2011.
- 2.
Case C-427/12, Commission v Parliament and Council (the ‘Biocides case’), 18 March 2014. European Commission, ‘Report from the Commission on the Working of Committees during 2013’ COM(2014) 572 final. Brussels, 16 September 2014, p. 4.
- 3.
In the Commission’s proposal, legislative acts, including their annexes, could only be amended by legislative or delegated acts. Additional substantive rules and criteria, which alter the content of the legislation and add new rules of general application, could only be created by delegated acts, whereas implementing acts would be used to implement those rules of criteria without modifying their substance. ‘Measures establishing a procedure’ could be laid down in either delegated or implementing acts; those involving ‘further non-essential policy choices’ should ‘in general’ be laid down in delegated acts, while those ensuring uniform conditions should ‘in general’ be implementing acts. The same criterion would apply to methods and methodology. Measures establishing the types of information to be provided would generally be delegated acts, and measure determining arrangements for how information should be provided would be implementing acts. Work programmes implementing financial instruments should be implementing acts.
- 4.
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers […]. OJ L 304 of 22 November 2011.
- 5.
The Summary Report of this meeting, as well as the voting result, are available on the Commission’s ‘comitology register’, using the meeting reference CMTD(2014)0679.
- 6.
Commission Delegated Regulation (EU) No 1363/2013 of 12 December 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards the definition of ‘engineered nanomaterials’. OJ L 343 of 19 December 2013; Motion for a Resolution pursuant to Rule 87a(3) of the Rules of Procedure on the Commission delegated regulation of 12 December 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards the definition of ‘engineered nanomaterials’ [C(2013)08887—2013/2997(DEA)] 18 February 2014.
- 7.
This is ‘any intentionally produced material that has one or more dimensions of the order of 100 nm or less or that is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale.’ [Article 2(2)(t)].
- 8.
The Commission’s Recommendation states that ‘A nanomaterial as defined in this recommendation should consist for 50 % or more of particles having a size between 1 nm and 100 nm. In accordance with [the scientific committee] SCENIHR’s advice, even a small number of particles in the range between 1 nm and 100 nm may in certain cases justify a targeted assessment. However, it would be misleading to categorise such materials as nanomaterials. Nevertheless there may be specific legislative cases where concerns for the environment, health, safety or competitiveness warrant the application of a threshold below 50 %.’ Commission Recommendation of 18 October 2011 on the definition of nanomaterial (2011/696/EU) OJ L 275 of 20 October 2011. Recital 11.
- 9.
Commission Implementing Regulation (EU) No 1337/2013 of 13 December 2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry. OJ L 335 of 14 December 2013.
- 10.
Now under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.
- 11.
Commission Regulation (EU) No 97/2010 of 4 February 2010 entering a name in the register of traditional specialities guaranteed [Pizza Napoletana (TSG)], OJ L 34 of 5 February 2010.
- 12.
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Best, E. (2016). Delegated and Implementing Acts. In: Understanding EU Decision-Making. Springer, Cham. https://doi.org/10.1007/978-3-319-22374-2_5
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DOI: https://doi.org/10.1007/978-3-319-22374-2_5
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