Proposal for a Regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers
Date: 2010-03-09
Institutions: European Commission
Subjects: EU Member State, EU control, European Commission, legal basis, power of implementation, powers of the institutions (EU)

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EUROPEAN COMMISSION 

Brussels, 9.3.2010 
COM(2010) 83 final 

2010/0051 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND TO THE PROPOSAL: NEW INSTITUTIONAL CONTEXT 

The  Treaty  of  Lisbon  (hereinafter  "the  new  Treaty"),  which  entered  into  force  on  1st 
December  2009,  substantially  modifies  the  framework  for  implementing  powers  that  are 
conferred  upon  the  Commission  by  the  legislator.  Contrary  to  the  provisions  of  the  Treaty 
establishing  the  European  Community  (hereafter  "the  EC  Treaty"),  set  out  in  Article  202 
thereof,  the  new  Treaty  makes  a  clear  distinction  between  the  powers  delegated  to  the 
Commission  to  adopt  non-legislative  acts  of  general  application  to  supplement  or  amend 
certain  non-essential  elements  of  a  legislative  act  (delegated  acts)  on  the  one  hand  and  the 
powers conferred on the Commission to adopt implementing acts on the other hand. They are 
subject to entirely different legal frameworks: 

– 

– 

The provisions of the new Treaty on delegated acts, which are set out in Article 290 
of  the  Treaty  on  the  Functioning  of  the  European  Union  (hereinafter  "the  Treaty"), 
provide  for  the  legislator  to  control  the  exercise  of  the  Commission's  powers  by 
means  of  a  right  of  revocation  and/or  a  right  of  objection.  These  provisions  are 
sufficient in themselves and do not require any legally binding framework to make 
them operational. 

The provisions of the new Treaty on implementing acts, which are set out in Article 
291, do not provide any role for the European Parliament and the Council to control 
the  Commission's  exercise  of  implementing  powers.  Such  control  can  only  be 
exercised  by  the  Member  States.  A  legal  framework  is  required  to  establish  the 
mechanisms of such control. 

By  providing  for  these  two  very  different  legal  frameworks,  the  authors  of  the  new  Treaty 
sought to reflect more closely the nature of these two different types of acts: 

– 

– 

In the case of delegated acts, the legislator delegates to the Commission the power to 
adopt measures that it could have adopted itself. This is why it is the legislator that 
controls the Commission's exercise of these delegated powers. 

In  the  case  of  implementing  acts,  the  context  is  very  different.  The  Member  States 
are naturally responsible for implementing the legally binding acts of the European 
Union. However, where such basic acts require uniform implementing conditions, it 
is  the  Commission  that  must  exercise  implementing  powers.  This  is  why  it  is  the 
Member  States  that  are  responsible  for  controlling  the  Commission's  exercise  of 
these implementing powers. 

The provisions of the new Treaty also put the co-legislators on an equal footing in relation to 
the conferral of delegated and implementing powers.  

Under  the  EC  Treaty  it  was  the  Council  that  could  confer  implementing  powers  on  the 
Commission. The Council could also reserve implementing powers to itself in specific cases. 

Under  the  new  Treaty  provisions  it  is  a  direct  obligation  deriving  from  the  Treaty  that  acts 
must  confer  implementing  powers  on  the  Commission  where  this  is  needed  in  view  of 
ensuring uniform implementation of these acts. Those acts can also, in duly justified specific 

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cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, 
confer implementing powers on the Council instead of the Commission. This does not imply, 
however,  that  the  Council  has  any  role  in  controlling  the  exercise  of  implementing  powers 
when these are conferred on the Commission. 

The new Treaty clearly entails that it is the Member States, and they alone, that control the 
implementation by the Commission where such control is required by a legally binding Union 
act. 

As regards  the  implementation of  Article 290 of the Treaty, the Commission has  set out its 
views on the scope of delegated acts, the framework for delegations of power and the working 
methods  it  intends  to  use  for  preparing  delegated  acts  in  a  Communication  to  the  European 
Parliament and the Council (COM(2009) 673 of 9 December 2009). 

2. 

OBJECTIVES AND CONTENT OF THE PROPOSAL 

2.1. 

Rationale and key principles guiding the proposal 

Article  291  of  the  Treaty  provides  that  the  European  Parliament  and  the  Council,  acting  by 
means of regulations in accordance with the ordinary legislative procedure, shall lay down in 
advance  the  rules  and  general  principles  concerning  mechanisms  for  control  by  Member 
States of the Commission's exercise of implementing powers. The purpose of this proposal is 
to implement Article 291 of the Treaty. 

This proposal is guided first and foremost by the new provisions of the Treaty and the new 
institutional  context  described  under  point  1  above.  However,  the  proposal  also  draws  on 
Council Decision 1999/468/EC (hereafter "the Comitology Decision") and experience gained 
in  implementing  that  Decision,  whilst  simplifying  its  provisions  taking  into  account  in 
particular the following general principles: 

– 

– 

It is the Member States that are responsible for controlling the Commission's exercise 
of implementing powers; 

Procedural requirements should be proportionate to the nature of implementing acts. 

2.2.  Main elements of the proposal including similarities and innovations in relation 

to the Comitology Decision 

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)); 

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– 

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. 

Under the examination procedure, the Committee itself would therefore be able to prevent the 
adoption of the draft measures by the Commission if a qualified majority of Member States 
were  against.  The  voting  rules  for  this  procedure  would  reflect  the  voting  rules  that  were 
required for the Council, acting as an appeal body, to prevent the adoption of a draft measures 
by the Commission under the Comitology Decision. It would also be coherent that the voting 
rules  of  the  committees  acting  under  the  examination  procedure  would  be  similar  than  the 
voting  rules  foreseen  for  the  Council  to  oppose  a  delegated  act  under  Article  290  of  the 
Treaty.  

However, another innovation is that there would not be an obligation for the Commission to 
adopt  draft  measures  in  cases  where  neither  a  qualified  majority  in  favour  nor  a  qualified 
majority  against  is  reached1.  Indeed,  greater  flexibility  is  needed  in  such  cases  in  order  to 
enable the Commission to reconsider draft measures. The Commission should be in a position 
to  decide  whether  or  not  to  adopt  the  draft  measures  or  to  present  an  amended  draft  to  the 
committee, taking account inter alia of positions expressed within the committee. Introducing 
such  flexibility  would,  on  the  one  hand,  enable  the  positions  of  Member  States  to  be  better 
taken into account and on the other hand, it would help to improve the quality and adequacy 
of the decisions taken. 

– 

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Specific  procedures  are  foreseen  for  measures  to  apply  immediately  on  imperative 
grounds  of  urgency  and  where  this  is  provided  for  in  a  basic  act  (Article  6).  This 
provision would enable the relevant committee to examine and deliver an opinion on 

Under the Comitology Decision, the Commission was required to adopt the draft measures where the 
Committee was unable to deliver an opinion under the management procedure, and where the Council, 
acting as an appeal body, was unable to take a decision under the regulatory procedure. 

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– 

– 

– 

– 

– 

– 

a measure after it has been adopted by the Commission. Where the measure is not in 
accordance with the opinion of the committee under the examination procedure, the 
Commission would be obliged to repeal the measure but could maintain it in force if 
warranted on a limited number of grounds such as health and safety.  

The proposal maintains provisions relating to the rules of procedures of committees 
(Article  7)  and  regarding  public  access  to  information  on  committee  proceedings 
(Article 8(3)). 

Building on experience gained with the implementation of the Comitology Decision, 
the  proposal  also  includes  a  number  of  important  provisions  that  are  common 
practice  but  were  so  far  not  covered  by  the  Decision  or  were  only  foreseen  in  the 
Rules of Procedure of committees. These include the provisions for the use of written 
procedures  (Article  3(5))  in  order  to  obtain  the  committee's  opinion  and  the 
possibility for draft measures to be amended in order to take into account discussions 
in the committee prior to it delivering its formal opinion (Article 3(4)). 

Whilst only the Member States have a role to play in the control of the exercise of 
the  implementing  powers  by  the  Commission,  both  legislators  should  be  properly 
and  continuously  informed  of  committee  proceedings  through  the  continued  use  of 
the  existing  Comitology  Register,  which  would  be  adapted  to  the  new  procedures 
(Article  8(1)  and  (2)).  This  right  of  information  would  not  suspend  the  decision-
making process, since that would give the legislators a prerogative incompatible with 
Article 291 of the Treaty.  

Finally,  for  reasons  of  clarity,  consistency  and  efficiency,  the  proposal  foresees  an 
automatic  alignment  of  the  existing  acquis  to  the  new  procedures  (Article  10).  All 
references  to  the  procedures  provided  for  in  the  Comitology  Decision,  with  the 
exception  of  Article  5a  thereof,  would  be  understood  as  being  references  to  the 
corresponding procedures of the Regulation: this approach would have the advantage 
of  avoiding  having  a  complex  set  up  with  the  old  Comitology  procedures  and  the 
new  ones  running  in  parallel;  at  the  same  time  it  would  avoid  having  to  align  the 
existing acquis act by act or through omnibus regulations. In order to make ready the 
register,  which  will  have  to  accomplish  technically  the  automatic  alignment  of  all 
existing procedures, Article 10 will apply two months after the entry into force of the 
Regulation.  

Such an adaptation to the new system would not affect pending procedures in which 
an  opinion  has  already  been  delivered,  at  a  committee  meeting  or  by  written 
procedure  (Article  11).  This  does  not  mean  that  ongoing  procedures  in  which  no 
opinion  has  been  delivered  should  stop  and  restart  from  scratch;  they  should 
continue: meetings should take place and written procedures should carry on. Indeed 
the  consequences  of  such  an  alignment  relate  in  essence  to  the  procedure  to  be 
followed after an opinion is taken by the committee. 

Article 10 and 11 do not apply to the specific procedures that are not subject to the 
Council Decision 1999/468/EC, in particular those created for the implementation of 
the  common  commercial  policy.  Consequently,  those  specific  procedures  will 
continue to apply until the basic acts will have been adapted in the light of the system 
of  implementing  powers  created  by  Article  291  of  the  Treaty  and  the  rules  and 

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general principles for the exercise of the Commission's implementing powers as set 
out in this proposal. 

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2010/0051 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union;  and  in  particular 
Article 291(3) thereof, 

Having regard to the proposal from the European Commission, 

Acting in accordance with the ordinary legislative procedure2, 

Whereas: 

(1)  Where  uniform  conditions  for  implementing  legally  binding  Union  acts  (hereafter: 
“basic  acts”)  are  needed,  those  acts  are  to  confer  implementing  powers  on  the 
Commission,  or,  in  duly  justified  specific  cases  and  in  the  cases  provided  for  in 
Articles 24 and 26 of the Treaty on European Union, on the Council. 

(2) 

(3) 

(4) 

(5) 

In  the  context  of  the  Treaty  establishing  the  European  Community,  the  exercise  of 
implementing  powers  by  the  Commission  was  governed  by  Council  Decision 
1999/468/EC of 28 June 1999.  

The  Treaty  on  the  Functioning  of  the  European  Union  now  requires  the  European 
Parliament  and  the  Council  to  lay  down  the  rules  and  general  principles  concerning 
mechanisms  for  control  by  Member  States  of  the  Commission's  exercise  of 
implementing powers. 

It  is  necessary  to  ensure  that  procedures  for  such  control  are  clear,  effective  and 
proportionate  to  the  nature  of  the  implementing  acts  and  that  they  reflect  the 
institutional  requirements  of  the  Treaty  as  well  as  the  experience  gained  and  the 
common practice followed in the implementation of Decision 1999/468/EC. 

In those basic acts which require the control of the Member States for the adoption by 
the Commission of implementing acts, it is appropriate that for the purposes of such a 
control  there  should  be  instituted  committees  composed  of  the  representatives  of  the 
Member States and chaired by the Commission. 

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(6) 

(7) 

(8) 

(9) 

In order to simplify the requirements for the Commission's exercise of implementing 
powers,  there  should  only  be  two  procedures:  the  advisory  procedure  and  the 
examination procedure.  

In  the  interests  of  simplification,  common  rules  should  apply  to  the  committee, 
including  the  key  provisions  relating  to  the  functioning  of  their  proceedings  and  the 
possibility for the committee to deliver an opinion by written procedure. 

Criteria should be laid down to determine the procedure to be used for the adoption of 
implementing acts. In order to achieve greater consistency and in order to ensure that 
procedural requirements are proportionate to the nature of the implementing acts to be 
adopted, those criteria should be binding. 

The examination procedure should only apply for the adoption of measures of general 
scope  designed  to  implement  basic  acts  and  specific  measures  with  a  potentially 
important impact. That procedure should provide for the control of the Member States 
in such a way that measures cannot be adopted if they are not in conformity with the 
opinion  of  the  committee,  except  in  very  exceptional  circumstances,  where  the 
Commission  should  be  able,  in  spite  of  a  negative  opinion,  to  adopt  and  apply 
measures for a limited period of time. The Commission should be able to review the 
draft measures in the event that no opinion is delivered by the committee, taking into 
account the views expressed within the committee. 

(10)  The advisory procedure should apply in all other cases and where it is considered to be 

most appropriate. 

(11) 

It should be possible to adopt measures to apply immediately on imperative grounds of 
urgency, where this is provided for in a basic act. 

(12)  The  European  Parliament  and  the  Council  should  be  kept  informed  of  committee 

proceedings on a regular basis. 

(13)  Public access to information on committee proceedings should be ensured. 

(14)  Decision  1999/468/EC  should  be  repealed.  In  order  to  ensure  the  transition  between 
the regime provided for in Decision 1999/468/EC and this Regulation, any reference 
in existing legislation to the procedures provided for in that Decision should, with the 
exception of the regulatory procedure with scrutiny provided for in Article 5a thereof, 
be  understood  as  a  reference  to  the  corresponding  procedures  provided  for  in  this 
Regulation. The effects of Article 5a of Decision 1999/468/EC should be maintained 
for the purposes of existing basic acts which refer to that Article. 

(15)  The Commission's powers, as laid down by the Treaty, concerning the implementation 

of the competition rules, are not affected by this Regulation, 

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HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

This Regulation lays down the rules and general principles governing the mechanisms which 
shall apply in cases where a legally binding Union act (hereafter "basic act") requires that the 
adoption  of  binding  implementing  acts  by  the  Commission  be  subject  to  the  control  of 
Member States.  

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Article 2 
Selection of procedures 

A  basic  act  may  provide  for  the  application  of  the  examination  procedure  or  the 
advisory procedure, according to the type of implementing measures concerned.  

The examination procedure may only apply for the adoption of: 

(a) 

Implementing measures of general scope;  

(b)  Other implementing measures relating to: 

i) 

common agricultural and common fisheries policies; 

ii) 

environment, security and safety or protection of the health or safety of 
humans, animals or plants; 

iii) 

common commercial policy. 

For all other implementing measures, and for implementing measures referred to in 
paragraph  2  where  it  is  considered  to  be  appropriate,  the  advisory  procedure  shall 
apply. 

Article 3 
Common provisions 

Where  a  basic  act  provides  for  the  application  of  the  procedures  referred  to  in 
Articles 4, 5 and 6, the provisions set out in paragraphs  2  to  6  of  this  Article  shall 
apply. 

The Commission shall be assisted by a committee composed of the representatives of 
the Member States and chaired by a representative of the Commission. 

The chairperson shall submit to the committee a draft of the measures to be taken. 

The  committee  shall  examine  the  draft  measures.  Until  an  opinion  has  been 
delivered,  the  chairperson  may  present  amended  versions  of  the  draft  measures  in 
order to take into account the discussions within the committee. For that purpose, the 
chairperson  may  convene  several  meetings  of  the  committee.  The  committee  shall 

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deliver  its  opinion  on  the  draft  within  a  time-limit  which  the  chairperson  may  lay 
down according to the urgency of the matter.  

5. 

The chairperson may obtain the committee’s opinion by written procedure. He or she 
shall  send  the  committee  members  the  draft  measures  on  which  their  opinion  is 
sought and shall lay down a time-limit according to the urgency of the matter. Any 
committee  member  who  does  not  explicitly  oppose  or  abstain  before  the  time-limit 
laid  down  expires  is  considered  to  have  given  their  tacit  agreement  to  the  draft 
measures. 

Within the time-limit laid down in accordance with the previous subparagraph, any 
committee  member  may  ask  for  the  written  procedure  to  be  terminated  and  for  the 
draft measures to be examined at a committee meeting. The chairperson may decide 
to  maintain  the  written  procedure  or  to  terminate  the  written  procedure  without 
result, in which case a committee meeting shall be convened as soon as possible. 

6. 

The committee’s opinion shall be recorded in the minutes. Each Member State may 
ask to have its position recorded in the minutes. 

Article 4 
Advisory procedure 

1. 

2. 

1. 

2. 

3. 

The  committee  shall  deliver  its  opinion,  if  necessary  by  taking  a  vote.  If  the 
committee takes a vote, the opinion shall be delivered by the majority laid down in 
Article 238(1) of the Treaty. 

The Commission shall decide on the measures to be taken, taking the utmost account 
of  the  conclusions  drawn  from  the  discussions  within  the  committee  and  of  the 
opinion delivered. It shall inform the committee of the manner in which the opinion 
has been taken into account. 

Article 5 
Examination procedure 

The  committee  shall  deliver  its  opinion  by  a  qualified  majority  as  provided  for  in 
Article 16(4) and (5) of the Treaty on European Union. 

If  the  draft  measures  are  in  accordance  with  the  opinion  of  the  committee,  the 
Commission  shall  adopt  these  measures,  unless  exceptional  circumstances  or  new 
elements  have  arisen  which  would  justify  the  measures  not  being  adopted.  In  such 
cases, the chairperson may submit to the committee a new draft of the measures to be 
taken. 

If  the  draft  measures  are  not  in  accordance  with  the  opinion  of  the  committee,  the 
Commission  shall  not  adopt  those  measures.  The  chairperson  may  submit  to  the 
committee the draft measures for further deliberation or submit an amended version 
of the draft measures. 

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4. 

5. 

1. 

2. 

3. 

4. 

5. 

If no opinion is delivered, the Commission may adopt the draft measures. Where the 
Commission  does  not  adopt  the  draft  measures,  the  chairperson  may  submit  to  the 
committee an amended version of the draft measures. 

By  derogation from paragraph 3, the Commission  may  adopt  draft  measures  which 
are  not  in  accordance  with  the  opinion  of  the  committee  where  their  non  adoption 
within an imperative deadline would create a significant disruption of the markets or 
a risk for the security or safety of humans or for the financial interests of the Union.  

In such a case the Commission shall immediately inform the committee of its reasons 
for  adopting  the  measures  and  may  submit  them  to  a  second  deliberation  of  the 
committee. If the measures adopted are not in accordance with the second opinion of 
the committee, or if the measures have not been submitted to a second deliberation 
within  a  month  after  their  adoption,  the  Commission  shall  repeal  the  measures 
forthwith.  If  the  measures  are  in  accordance  with  the  second  opinion  of  the 
committee, or if no opinion is delivered, those measures shall remain in force. 

Article 6 
Immediately applicable measures 

By  way  of  derogation  from  Articles  4  and  5,  a  basic  act  may  provide  that,  on 
imperative  grounds  of  urgency,  the  provisions  set  out  in  paragraphs  2  to  5  of  this 
Article shall apply. 

The Commission shall adopt measures which shall apply immediately.  

The chairperson shall without delay submit the measures referred to in paragraph 2 to 
the  relevant  committee  in  order  to  obtain  its  opinion  in  accordance  with  the 
procedure provided for in the basic act.  

In the case of the examination procedure, where the measures are not in accordance 
with  the  opinion  of  the  committee  pursuant  to  Article  5(3),  the  Commission  shall 
repeal the measures adopted in accordance with paragraph 2.  

By way of derogation from paragraph 4, the Commission may maintain the measures 
in force on grounds related to the protection of the environment or of the health or 
safety  of  humans,  animals  or  plants,  the  conservation  of  marine  resources,  for 
security  and  safety  reasons,  or  to  avoid  disruption  or  threat  of  disruption  of  the 
markets.  In  those  cases,  the  chairperson  shall  without  delay  either  resubmit  to  the 
committee  the  same  measures  for  a  second  deliberation  or  submit  an  amended 
version of the measures. 

The measures referred to in paragraph 2 shall remain in force until they are repealed 
or replaced by another implementing act. 

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Article 7 
Rules of procedure 

1. 

Each committee shall adopt by a majority of its component members its own rules of 
procedure  on  the  proposal  of  its  chairperson,  on  the  basis  of  standard  rules  which 
shall be published by the Commission in the Official Journal of the European Union. 

In so far as necessary existing committees shall adapt their rules of procedure to the 
standard rules. 

2. 

The principles and conditions on public access to documents and on data protection 
applicable to the Commission shall apply to the committees. 

Article 8 
Information on committee proceedings 

1. 

The Commission shall keep a register of committee proceedings which shall contain: 

(a) 

the agendas of committee meetings,  

(b) 

the summary records, together with the lists of the authorities and organisations 
to  which  the  persons  designated  by  the  Member  States  to  represent  them 
belong,  

(c) 

the draft measures on which the committees are asked to deliver an opinion, 

(d) 

the results of voting, 

(e) 

the final draft measures following the opinion of the committees, 

(f) 

the  information  concerning  the  final  adoption  of  the  measures  by  the 
Commission, and 

(g) 

statistical data on the working of the committees. 

2. 

3. 

The  European  Parliament  and  the  Council  shall  have  access  to  the  information 
referred to in paragraph 1. 

The references of all documents referred to in points (a) to (f) of paragraph 1 as well 
as the information referred to in point (g) of paragraph 1 shall be made public in the 
register.  

Article 9 
Repeal of Decision 1999/468/EC  

Decision 1999/468/EC shall be repealed. 

The  effects  of  Article  5a  of  the  repealed  Decision  shall  be  maintained  for  the  purposes  of 
existing basic acts making reference thereto. 

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Article 10 
Adaptation of existing basic acts 

1. 

Where basic acts adopted before the entry into force of this Regulation provide for 
the  exercise  of  implementing  powers  by  the  Commission  in  accordance  with 
Decision 1999/468/EC, the following rules shall apply: 

(a) 

(b) 

(c) 

(d) 

references  to  Article  3  of  Decision  1999/468/EC  shall  be  understood  as 
references to Article 4 of this Regulation; 

references to Articles 4 and 5 of Decision 1999/468/EC shall be understood as 
references to Article 5 of this Regulation; 

references  to  Article  6  of  Decision  1999/468/EC  shall  be  understood  as 
references to Article 6 of this Regulation; 

references to Articles 7 and 8 of Decision 1999/468/EC shall be understood as 
references to Article 8 of this Regulation. 

2. 

Articles 3 and 7 of this Regulation shall apply to all existing committees. 

Article 11 
Transitional Arrangement 

This  Regulation  shall  not  affect  pending  procedures  in  which  a  committee  has  already 
delivered its opinion in accordance with Decision 1999/468/EC. 

Article 12 

This Regulation shall enter into force on 1 October 2010. 

Article 10 of this Regulation shall apply from 1 December 2010. 

This Regulation is binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

13 

   EN