# IMMC.COM_2018_0675_FIN.ENG.xhtml.3_EN_ACT_part1_v4.docx

european flagEUROPEAN COMMISSION

Brussels, 11.10.2018

COM(2018) 675 final

REPORT FROM THE COMMISSION

ON THE WORKING OF COMMITTEES DURING 2017

{SWD(2018) 432 final}

REPORT FROM THE COMMISSION

ON THE WORKING OF COMMITTEES DURING 2017

In accordance with Article 10(2) of 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
  1
  (the ‘Comitology Regulation’), the Commission hereby presents the annual report on the working of committees for 2017.

This report gives an overview of developments in the comitology system in 2017 and a summary of the committees’ activities. It is accompanied by a staff working document containing detailed statistics on the work of the individual committees.

1.Overview of developments in the comitology system in 2017

1.1.General development

As described in the 2013 annnual report
  2
  , all comitology procedures provided for in the ‘old’ Comitology Decision
  3
  , with the exception of the regulatory procedure with scrutiny, were automatically adapted to the new comitology procedures provided for in the Comitology Regulation (Regulation (EU) 182/2011).

In 2017, the comitology committees were therefore operating under the procedures set out in the Comitology Regulation, i.e. advisory (Article 4) and examination (Article 5), as well as under the regulatory procedure with scrutiny set out in Article 5a of the Comitology Decision.

The Interinstitutional Agreement on Better Law-Making of 13 April 2016
  4
  recalls the need to align the regulatory procedure with scrutiny:

"The three institutions acknowledge the need for the alignment of all existing legislation to the legal framework introduced by the Lisbon Treaty, and in particular the need to give high priority to the prompt alignment of all basic acts which still refer to the regulatory procedure with scrutiny. The Commission will propose that latter alignment by the end of 2016."

In line with this commitment, the Commission adopted a new proposal for the alignment of the basic acts providing for the regulatory procedure with scrutiny to delegated and implementing acts
  5
  . It also adopted a second proposal, dealing specifically with the alignment of basic acts in the field of justice
  6
  . The interinstitutional negotiations on both files are ongoing. The Committee on Legal Affairs adopted its report on the proposal and received a mandate to enter into negotiations
  7
  . The Council adopted its General Approach on 20 March 2018
  8
  .

The Commission on 26 February 2016 adopted a Report on the implementation of Regulation (EU) 182/2011
  9
  . In this report, the Commission concluded that the overall legal framework for comitology is functioning well. However, it also pointed at the time to the political problem of "no opinion" outcomes especially in a few very sensitive areas such as the authorisation of genetically modified organisms. Therefore and notably in light of experiences with the authorisation procedure for glyphosate, President Juncker in his State of the Union address in September 2016 announced a Commission initiative to address this problem and to increase accountability, responsibility and transparency on the side of Member States when voting in committee, and in particular in the appeal committee. Subsequently, the Commission on 14 February 2017 adopted a 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 (COM(2017) 85 final). This proposal puts forward a number of targeted changes to the functioning of the appeal committee to address no opinion situations in sensitive areas. The interinstitutional negotiations on this file are ongoing.

Negotiations between the three institutions are also ongoing on non-binding criteria for the application of Articles 290 and 291 of the Treaty on the Functioning of the European Union, so the delineation between delegated and implementing acts.

In its Communication “Better regulation for better results” of May 2015, the Commission committed that draft texts for delegated acts and drafts for important implementing acts will be made public for a four week feedback period, allowing stakeholders to submit comments. In 2017, 165 such draft acts were published for public feedback on the Commission's "Have your say" website
  10
  .

1.2.Development of case law

In its judgment of 20 September 2017 in Case C-183/16
  11
  (Tilly Sabco), the Court of Justice underlined the need to respect the timeframes for the submission of draft implementing acts to the committee ahead of the vote and to only deviate in well justified cases. In line with Article 3(3) of Regulation 182/2011 the chair has to submit the draft agenda and the draft implementing act to the committee not less than 14 calendar days before the meeting. The time limit for submission can be shortened in exceptional cases. This possibility is further detailed in the Standard Rules of Procedure for committees
  12
  , on the basis of which committees adopt their rules of procedure. The chair can also set a time limit for the committee to deliver its opinion on the draft. The time limits have to be proportionate and afford the committee members early and effective opportunities to examine the draft and express their views.

2.Overview of activities

2.1.Number of committees and meetings

It is important to distinguish between the comitology committees on the one hand, and other entities, in particular ‘expert groups’ created by the Commission itself, on the other. The latter provide expertise to the Commission
  13
  in preparing and implementing policy as well as delegated acts, whereas comitology committees assist the Commission in the exercise of the implementing powers that have been conferred upon it by basic legal acts. This report focuses exclusively on comitology committees. The number of active comitology committees in the period 1 January to 31 December 2017 was calculated by sector of activity (see Table I). The figures for the previous year (on 31 December 2016) are also given for purposes of comparison. Sections and configurations are not counted separately as these belong to a parent committee.

TABLE I — Total number of committees

| Policy sector | 2016 | 2017 |
| --- | --- | --- |
| AGRI (Agriculture and Rural Development | 17 | 12 |
| BUDG (Budget) | 2 | 2 |
| CLIMA (Climate Action) | 5 | 5 |
| CNECT (Communications Networks, Content and Technology) | 6 | 7 |
| DEVCO (International Cooperation and Development) | 5 | 5 |
| DIGIT (Informatics) | 1 | 1 |
| EAC (Education and Culture) | 2 | 2 |
| ECFIN (Economic and Financial Affairs) | 1 | 1 |
| ECHO (Humanitarian Aid and Civil Protection) | 2 | 2 |
| EMPL (Employment, Social Affairs and Inclusion) | 5 | 5 |
| ENER (Energy) | 14 | 13 |
| ENV (Environment) | 30 | 30 |
| ESTAT (Eurostat) | 6 | 4 |
| FISMA (Financial Stability, Financial Services and Capital markets Union) | 8 | 8 |
| FPI (Service for Foreign Policy Instruments) | 4 | 4 |
| GROW (Internal Market, Industry, Entrepreneurship and SMEs) | 41 | 42 |
| HOME (Migration and Home Affairs) | 13 | 13 |
| JUST (Justice and Consumers) | 23 | 23 |
| MARE (Maritime Affairs and Fisheries) | 4 | 3 |
| MOVE (Mobility and Transport) | 31 | 31 |
| NEAR (Neighbourhood and Enlargement Negotiations) | 3 | 3 |
| OLAF (European Anti-Fraud Office) | 1 | 1 |
| REGIO (Regional and Urban Policy) | 1 | 1 |
| RTD (Research and Innovation) | 5 | 5 |
| SANTE (Health and Food Safety) | 21 | 17 |
| SG (Secretariat-General) | 3* | 3* |
| TAXUD (Taxation and Customs Union) | 11 | 11 |
| TRADE (Trade) | 12 | 13 |
| TOTAL: | 277 | 267 |

Policy sector

2016

2017

AGRI (Agriculture and Rural Development

17

12

BUDG (Budget)

2

2

CLIMA (Climate Action)

5

5

CNECT (Communications Networks, Content and Technology)

6

7

DEVCO (International Cooperation and Development)

5

5

DIGIT (Informatics)

1

1

EAC (Education and Culture)

2

2

ECFIN (Economic and Financial Affairs)

1

1

ECHO (Humanitarian Aid and Civil Protection)

2

2

EMPL (Employment, Social Affairs and Inclusion)

5

5

ENER (Energy)

14

13

ENV (Environment)

30

30

ESTAT (Eurostat)

6

4

FISMA (Financial Stability, Financial Services and Capital markets Union)

8

8

FPI (Service for Foreign Policy Instruments)

4

4

GROW (Internal Market, Industry, Entrepreneurship and SMEs)

41

42

HOME (Migration and Home Affairs)

13

13

JUST (Justice and Consumers)

23

23

MARE (Maritime Affairs and Fisheries)

4

3

MOVE (Mobility and Transport)

31

31

NEAR (Neighbourhood and Enlargement Negotiations)

3

3

OLAF (European Anti-Fraud Office)

1

1

REGIO (Regional and Urban Policy)

1

1

RTD (Research and Innovation)

5

5

SANTE (Health and Food Safety)

21

17

SG (Secretariat-General)

3*

3*

TAXUD (Taxation and Customs Union)

11

11

TRADE (Trade)

12

13

TOTAL:

277

267

- Including the appeal committee (for the needs of the comitology register, the appeal committee is registered as a committee under the responsibility of the Secretariat-General; in practice, it is managed by all services concerned).

In 2017, the comitology committees could generally be broken down according to the type of procedure under which they operated (advisory procedure, examination procedure, regulatory procedure with scrutiny — see Table II). Certain committees which applied multiple procedures have been separated from committees operating under a single procedure.

TABLE II — Number of committees by procedure

| | Type of procedure | |
| --- | --- | --- |
| | Advisory | Examination | Regulatory with scrutiny | Operates under several procedures | TOTAL: |
| AGRI | 0 | 7 | 0 | 5 | 12 |
| BUDG | 0 | 1 | 0 | 1 | 2 |
| CLIMA | 0 | 1 | 0 | 4 | 5 |
| CNECT | 0 | 3 | 0 | 4 | 7 |
| DEVCO | 0 | 2 | 0 | 3 | 5 |
| DIGIT | 0 | 1 | 0 | 0 | 1 |
| EAC | 0 | 1 | 0 | 1 | 2 |
| ECFIN | 0 | 0 | 0 | 1 | 1 |
| ECHO | 0 | 1 | 0 | 1 | 2 |
| EMPL | 0 | 0 | 2 | 3 | 5 |
| ENER | 2 | 4 | 1 | 6 | 13 |
| ENV | 0 | 7 | 4 | 19 | 30 |
| ESTAT | 0 | 2 | 0 | 2 | 4 |
| FISMA | 0 | 2 | 2 | 4 | 8 |
| FPI | 0 | 4 | 0 | 0 | 4 |
| GROW | 4 | 9 | 4 | 25 | 42 |
| HOME | 2 | 9 | 0 | 2 | 13 |
| JUST | 7 | 6 | 4 | 6 | 23 |
| MARE | 0 | 2 | 0 | 1 | 3 |
| MOVE | 3 | 8 | 4 | 16 | 31 |
| NEAR | 1 | 1 | 0 | 1 | 3 |
| OLAF | 0 | 1 | 0 | 0 | 1 |
| REGIO | 0 | 0 | 0 | 1 | 1 |
| RTD | 0 | 4 | 0 | 1 | 5 |
| SANTE | 0 | 8 | 0 | 9 | 17 |
| SG | 0 | 3 | 0 | 0 | 3* |
| TAXUD | 1 | 8 | 0 | 2 | 11 |
| TRADE | 3 | 4 | 0 | 6 | 13 |
| TOTAL: | 23 | 99 | 21 | 124 | 267 |

Type of procedure

Advisory

Examination

Regulatory with scrutiny

Operates under several procedures

TOTAL:

AGRI

0

7

0

5

12

BUDG

0

1

0

1

2

CLIMA

0

1

0

4

5

CNECT

0

3

0

4

7

DEVCO

0

2

0

3

5

DIGIT

0

1

0

0

1

EAC

0

1

0

1

2

ECFIN

0

0

0

1

1

ECHO

0

1

0

1

2

EMPL

0

0

2

3

5

ENER

2

4

1

6

13

ENV

0

7

4

19

30

ESTAT

0

2

0

2

4

FISMA

0

2

2

4

8

FPI

0

4

0

0

4

GROW

4

9

4

25

42

HOME

2

9

0

2

13

JUST

7

6

4

6

23

MARE

0

2

0

1

3

MOVE

3

8

4

16

31

NEAR

1

1

0

1

3

OLAF

0

1

0

0

1

REGIO

0

0

0

1

1

RTD

0

4

0

1

5

SANTE

0

8

0

9

17

SG

0

3

0

0

3*

TAXUD

1

8

0

2

11

TRADE

3

4

0

6

13

TOTAL:

23

99

21

124

267

- Including the appeal committee.

The number of committees is not the only indicator of activity at comitology level. The number of meetings held, as well as the number of written procedures
  14
  used in 2017, also reflects the intensity of work in general, both at sector level and in individual committees (Table III).

TABLE III — Number of meetings and written procedures

| | Number of committees | Meetings | Written procedures |
| --- | --- | --- | --- |
| | | 2016 | 2017 | 2016 | 2017 |
| AGRI | 12 | 111 | 90 | 7 | 17 |
| BUDG | 2 | 4 | 4 | 0 | 0 |
| CLIMA | 5 | 7 | 7 | 1 | 2 |
| CNECT | 7 | 18 | 17 | 12 | 11 |
| DEVCO | 5 | 18 | 17 | 11 | 9 |
| DIGIT | 1 | 2 | 1 | 0 | 0 |
| EAC | 2 | 5 | 6 | 3 | 1 |
| ECFIN | 1 | 0 | 3 | 0 | 0 |
| ECHO | 2 | 4 | 4 | 4 | 3 |
| EMPL | 5 | 4 | 6 | 1 | 1 |
| ENER | 13 | 12 | 6 | 4 | 5 |
| ENV | 30 | 26 | 29 | 11 | 13 |
| ESTAT | 4 | 6 | 6 | 5 | 2 |
| FISMA | 8 | 11 | 10 | 13 | 18 |
| FPI | 4 | 5 | 2 | 2 | 0 |
| GROW | 42 | 63 | 70 | 36 | 34 |
| HOME | 13 | 36 | 28 | 65 | 29 |
| JUST | 23 | 22 | 10 | 4 | 5 |
| MARE | 3 | 6 | 4 | 5 | 10 |
| MOVE | 31 | 52 | 54 | 25 | 35 |
| NEAR | 3 | 7 | 8 | 12 | 19 |
| OLAF | 1 | 1 | 0 | 1 | 0 |
| REGIO | 1 | 1 | 1 | 0 | 2 |
| RTD | 5 | 57 | 57 | 263 | 246 |
| SANTE | 17 | 117 | 108 | 437 | 494 |
| SG | 3 | 5 | 8* | 0 | 1* |
| TAXUD | 11 | 50 | 33 | 22 | 29 |
| TRADE | 13 | 24 | 27 | 38 | 38 |
| TOTAL | 267 | 674 | 616 | 982 | 1 024 |

Number of committees

Meetings

Written procedures

2016

2017

2016

2017

AGRI

12

111

90

7

17

BUDG

2

4

4

0

0

CLIMA

5

7

7

1

2

CNECT

7

18

17

12

11

DEVCO

5

18

17

11

9

DIGIT

1

2

1

0

0

EAC

2

5

6

3

1

ECFIN

1

0

3

0

0

ECHO

2

4

4

4

3

EMPL

5

4

6

1

1

ENER

13

12

6

4

5

ENV

30

26

29

11

13

ESTAT

4

6

6

5

2

FISMA

8

11

10

13

18

FPI

4

5

2

2

0

GROW

42

63

70

36

34

HOME

13

36

28

65

29

JUST

23

22

10

4

5

MARE

3

6

4

5

10

MOVE

31

52

54

25

35

NEAR

3

7

8

12

19

OLAF

1

1

0

1

0

REGIO

1

1

1

0

2

RTD

5

57

57

263

246

SANTE

17

117

108

437

494

SG

3

5

8*

0

1*

TAXUD

11

50

33

22

29

TRADE

13

24

27

38

38

TOTAL

267

674

616

982

1 024

- 8 meetings of the appeal committee.

2.2.Number of opinions and implementing acts/ measures

As always, this report provides overall figures on the formal opinions delivered by the committees and the subsequent implementing acts/measures adopted by the Commission
  15
  . These figures quantify the tangible ‘output’ of the committees (see Table IV). Out of the total number of draft implementing acts submitted to the committeess in 2017, the European Parliament adopted 9 resolutions on the basis of Article 11 of the Comitology Regulation, while the Council has not adopted any such resolution.

TABLE IV — Number of opinions and implementing acts/measures adopted

| | Opinions
  16 | Implementing Acts
  adopted | Regulatory procedure with scrutiny - measures
  adopted |
| --- | --- | --- | --- |
| | 2016 | 2017 | 2016 | 2017 | 2016 | 2017 |
| AGRI | 110 | 142 | 105 | 137 | 1 | 0 |
| BUDG | 7 | 7 | 0 | 5 | 0 | 0 |
| CLIMA | 7 | 11 | 6 | 3 | 0 | 4 |
| CNECT | 20 | 19 | 14 | 18 | 0 | 0 |
| DEVCO | 57 | 53 | 55 | 54 | 0 | 0 |
| DIGIT | 1 | 1 | 1 | 1 | 0 | 0 |
| EAC | 4 | 5 | 4 | 4 | 0 | 0 |
| ECFIN | 0 | 3 | 0 | 3 | 0 | 0 |
| ECHO | 7 | 7 | 4 | 6 | 0 | 0 |
| EMPL | 4 | 7 | 3 | 5 | 0 | 1 |
| ENER | 8 | 8 | 4 | 7 | 6 | 0 |
| ENV | 38 | 31 | 13 | 16 | 11 | 18 |
| ESTAT | 11 | 9 | 3 | 4 | 5 | 6 |
| FISMA | 28 | 22 | 28 | 7 | 0 | 0 |
| FPI | 2 | 4 | 0 | 2 | 0 | 0 |
| GROW | 84 | 104 | 45 | 83 | 21 | 24 |
| HOME | 76 | 76 | 61 | 68 | 0 | 0 |
| JUST | 6 | 10 | 6 | 6 | 0 | 0 |
| MARE | 10 | 20 | 10 | 17 | 0 | 0 |
| MOVE | 65 | 59 | 44 | 50 | 17 | 4 |
| NEAR | 64 | 74 | 65 | 74 | 0 | 0 |
| OLAF | 2 | 0 | 2 | 0 | 0 | 0 |
| REGIO | 2 | 2 | 1 | 0 | 0 | 0 |
| RTD | 270 | 248 | 191 | 176 | 0 | 0 |
| SANTE | 717 | 803 | 632 | 753 | 55 | 56 |
| SG | 11 | 16* | 9 | 17 | 0 | 0 |
| TAXUD | 82 | 79 | 67 | 85 | 0 | 0 |
| TRADE | 75 | 86 | 75 | 86 | 0 | 0 |
| TOTAL | 1 768 | 1906 | 1 448 | 1687 | 116 | 113 |

Opinions
  16

Implementing Acts
  adopted

Regulatory procedure with scrutiny - measures
  adopted

2016

2017

2016

2017

2016

2017

AGRI

110

142

105

137

1

0

BUDG

7

7

0

5

0

0

CLIMA

7

11

6

3

0

4

CNECT

20

19

14

18

0

0

DEVCO

57

53

55

54

0

0

DIGIT

1

1

1

1

0

0

EAC

4

5

4

4

0

0

ECFIN

0

3

0

3

0

0

ECHO

7

7

4

6

0

0

EMPL

4

7

3

5

0

1

ENER

8

8

4

7

6

0

ENV

38

31

13

16

11

18

ESTAT

11

9

3

4

5

6

FISMA

28

22

28

7

0

0

FPI

2

4

0

2

0

0

GROW

84

104

45

83

21

24

HOME

76

76

61

68

0

0

JUST

6

10

6

6

0

0

MARE

10

20

10

17

0

0

MOVE

65

59

44

50

17

4

NEAR

64

74

65

74

0

0

OLAF

2

0

2

0

0

0

REGIO

2

2

1

0

0

0

RTD

270

248

191

176

0

0

SANTE

717

803

632

753

55

56

SG

11

16*

9

17

0

0

TAXUD

82

79

67

85

0

0

TRADE

75

86

75

86

0

0

TOTAL

1 768

1906

1 448

1687

116

113

- Including 16 opinions delivered by the appeal committee and 17 adopted acts.

2.3.Meetings of the appeal committee

The appeal committee met 8 times and was consulted by written procedure once during 2017, and discussed 16 draft implementing acts (in the areas of health and consumer policy and trade) which were referred by the Commission. The appeal committee delivered no opinion in 15 cases and a favorable opionion once. The Commission decided to adopt 17 implementing acts of which one was voted on by the appeal committee in 2016.

2.4.Use of the regulatory procedure with scrutiny

As mentioned under Section 1, the regulatory procedure with scrutiny has not been affected by the comitology reform of 2011. This procedure can no longer be used in new legislation, but it still appears in many existing basic acts and will continue to apply under those acts until they are aligned. In 2017 113 measures were adopted according to the regulatory procedure with scrutiny (see Table V). The right to oppose was used once, by the European Parliament. In 2016, by comparison, the right to oppose was also used once.

TABLE V — Number of measures adopted according to the regulatory procedure with scrutiny

| | Regulatory procedure with scrutiny - measures
  adopted | European Parliament opposed adoption of draft measures | Council opposed adoption of draft measures |
| --- | --- | --- | --- |
| AGRI | 0 | 0 | 0 |
| BUDG | 0 | 0 | 0 |
| CLIMA | 4 | 0 | 0 |
| CNECT | 0 | 0 | 0 |
| DEVCO | 0 | 0 | 0 |
| DIGIT | 0 | 0 | 0 |
| EAC | 0 | 0 | 0 |
| ECFIN | 0 | 0 | 0 |
| ECHO | 0 | 0 | 0 |
| EMPL | 1 | 0 | 0 |
| ENER | 0 | 0 | 0 |
| ENV | 18 | 0 | 0 |
| ESTAT | 6 | 0 | 0 |
| FISMA | 0 | 0 | 0 |
| FPI | 0 | 0 | 0 |
| GROW | 24 | 0 | 0 |
| HOME | 0 | 0 | 0 |
| JUST | 0 | 0 | 0 |
| MARE | 0 | 0 | 0 |
| MOVE | 4 | 0 | 0 |
| NEAR | 0 | 0 | 0 |
| OLAF | 0 | 0 | 0 |
| REGIO | 0 | 0 | 0 |
| RTD | 0 | 0 | 0 |
| SANTE | 56 | 1 | 0 |
| SG | 0 | 0 | 0 |
| TAXUD | 0 | 0 | 0 |
| TRADE | 0 | 0 | 0 |
| TOTAL | 113 | 1 | 0 |

Regulatory procedure with scrutiny - measures
  adopted

European Parliament opposed adoption of draft measures

Council opposed adoption of draft measures

AGRI

0

0

0

BUDG

0

0

0

CLIMA

4

0

0

CNECT

0

0

0

DEVCO

0

0

0

DIGIT

0

0

0

EAC

0

0

0

ECFIN

0

0

0

ECHO

0

0

0

EMPL

1

0

0

ENER

0

0

0

ENV

18

0

0

ESTAT

6

0

0

FISMA

0

0

0

FPI

0

0

0

GROW

24

0

0

HOME

0

0

0

JUST

0

0

0

MARE

0

0

0

MOVE

4

0

0

NEAR

0

0

0

OLAF

0

0

0

REGIO

0

0

0

RTD

0

0

0

SANTE

56

1

0

SG

0

0

0

TAXUD

0

0

0

TRADE

0

0

0

TOTAL

113

1

0

3.Detailed information on the activities of the committees

The working document accompanying this report provides detailed information about the work of the individual committees in 2017, broken down on the basis of the different Commission departments concerned.

4.Conclusion

The European Parliament and the Council are invited to take note of this Report.