EN
L 37/46
Official Journal of the European Union
18.2.2022
COMMISSION IMPLEMENTING DECISION (EU) 2022/219 of 11 February 2022 establishing rules of procedure for the review, pursuant to Article 22(1) of Council Regulation (EC) No 58/2003, of the legality of acts of executive agencies which injure a third party and have been referred to the Commission by any person directly or individually concerned
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 58/2003 (1), and in particular Article 22(1) thereof, Whereas: (1)
Pursuant to Article 22(1) of Regulation (EC) No 58/2003, the Commission may be asked to review the legality of any act of an executive agency which injures a third party.
(2)
After hearing the arguments put forward by the interested third party and those of the executive agency concerned, the Commission must take a decision within 2 months.
(3)
In its final decision under Article 22(3) of Regulation (EC) No 58/2003, the Commission either upholds the executive agency’s act or decides that the executive agency must modify it (either in whole or in part).
(4)
The executive agency concerned must take the necessary measures to comply with the Commission’s decision under Article 22(4) of Regulation (EC) No 58/2003.
(5)
Following its assessment, the Commission may suspend the implementation of the act at issue or prescribe interim measures in case the rights of the party instituting the legality review risk being jeopardised.
(6)
Building up on the experience gained, it is necessary to establish rules of procedure for the legality review of acts of executive agencies pursuant to Article 22(1) of Regulation (EC) No 58/2003.
(7)
These rules of procedure shall not apply to review procedures undertaken by the Commission on its own initiative under Article 22(2) of Regulation (EC) No 58/2003, nor procedures instituted by Member States under Article 22(1) of that Regulation.
(8)
These rules of procedure shall be complemented by the Annex to the Commission Decision establishing guidelines for the establishment and operation of executive agencies financed from the EU budget and other sources,
HAS ADOPTED THIS DECISION:
Article 1 The rules of procedure for the review by the Commission of the legality of acts of executive agencies pursuant to Article 22(1) of Regulation (EC) No 58/2003 are set out in the Annex.
Article 2 This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
(1) OJ L 11, 16.1.2003, p. 1.