Database on German and European Economic Law

 Regulation (EU) No 182/2011

I. Description

The key elements of the proposal are as follows:

– The proposal maintains the Committee structure foreseen in the Comitology Decision (Article 3), but rationalises it as outlined below;

– Only two procedures are foreseen: the advisory procedure, which mirrors the existing advisory procedure, and a new "examination" procedure, which would replace the existing management and regulatory procedures (Articles 4 and 5);

– The advisory procedure is the general rule and can be applied to all policy domains and for all types of binding implementing measures (Article 2(3));

– The criteria for the choice of the examination procedure mirror those provided for in the Comitology Decision. Nevertheless for the purpose of achieving greater consistency and in order to ensure that procedural requirements are proportionate to the nature of implementing acts to be adopted, these criteria are binding in the sense that only when the criteria are met can the examination procedure in question be used (Article 2(2)) ;

– The examination procedure (Article 5) would function as follows:
• Where the Committee delivers a negative opinion on the draft measures, the Commission could not adopt them. The Commission would have the possibility to re-submit the draft to the committee for a second deliberation, or table an amended draft. In very exceptional circumstances, the Commission would be able to adopt the draft measures despite a negative opinion but in such a case the committee would have the last word within a time-period which will not exceed one month;
• Where no opinion is reached, the Commission could ultimately decide whether to adopt the measures or not, taking into account inter alia the positions expressed within the committee;
• In the case of a positive opinion of the committee, the Commission would adopt the measures unless exceptional circumstances or new elements would justify them not being adopted.

II. General Information

Title

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

Status
Existing
Regulation
(EU) No 182/2011
Source
O.J. EU No L (Legislation), Edition 55, Year 2011, p.13
Adoption
02/16/2011
Promulgation
02/28/2011
Character
Regular Act
Legal Basis
Art. 291 Abs. 3 AEUV
Legislative Procedure
Codecision procedure

III. Versions and Legislative History

1. Versions

Titel
Allg. Daten
Textfassung

Original Text :
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

  (EU) No 182/2011

Beschluss:
02/16/2011 (A)
Verkuendung:
02/28/2011 (P)
(A) Adoption | (P) Promulgation

2. Legislative History

Datum
Typ / Titel
Textfassungen
03/09/2010
Proposal
COM(2010) 83 endgültig

3. Legal Impact

Auswirkungstyp
Richtlinie
Textfassungen
Repeal
  Decision 1999/468/EC

Legend

Legislative Act Status

Documents

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Overview

I. Description
II. General Information
III. Versions and Legislative History
1. Versions
2. Legislative History
3. Legal Impact