HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
28.2.2011 Official
Journal
of
the
European
Union L
55/13
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(6) In
those
basic
acts
which
require
the
control
of
the
EUROPEAN UNION,
Member States for the adoption by the Commission of
implementing acts, it is appropriate, for the purposes of
such control, that committees composed of the represen
Having regard to the Treaty on the Functioning of the European
tatives of the Member States and chaired by the
Union, and in particular Article 291(3) thereof,
Commission be set up.
Having regard to the proposal from the Commission,
(7) Where appropriate, the control mechanism should
include referral to an appeal committee which should
After transmission of the draft legislative act to the national
meet at the appropriate level.
parliaments,
Acting in accordance with the ordinary legislative procedure ( 1 ),
(8) In
the
interests
of
simplification,
the
Commission
should
exercise implementing powers in accordance with one of
Whereas:
only two procedures, namely the advisory procedure or
the examination procedure.
(1) Where
uniform
conditions
for
the
implementation
of
legally binding Union acts are needed, those acts (here
inafter ‘basic acts’) are to confer implementing powers on
(9) In
order
to
simplify
further,
common
procedural
rules
the Commission, or, in duly justified specific cases and in
should apply to the committees, including the key
the cases provided for in Articles 24 and 26 of the Treaty
provisions relating to their functioning and the possibility
on European Union, on the Council.
of delivering an opinion by written procedure.
(2)
It is for the legislator, fully respecting the criteria laid
down in the Treaty on the Functioning of the
(10) Criteria
should
be
laid
down
to
determine
the
procedure
European Union (‘TFEU’), to decide in respect of each
to be used for the adoption of implementing acts by the
basic act whether to confer implementing powers on
Commission. In order to achieve greater consistency, the
the Commission in accordance with Article 291(2) of
procedural requirements should be proportionate to the
that Treaty.
nature and impact of the implementing acts to be
adopted.
(3) Hitherto,
the
exercise
of
implementing
powers
by
the
Commission has been governed by Council Decision
1999/468/EC ( 2 ).
(11) The
examination
procedure
should
in
particular
apply
for
the adoption of acts of general scope designed to
implement basic acts and specific implementing acts
(4) The
TFEU
now
requires
the
European
Parliament
and
the
with a potentially important impact. That procedure
Council to lay down the rules and general principles
should ensure that implementing acts cannot be
concerning mechanisms for control by Member States
adopted by the Commission if they are not in accordance
of the Commission’s exercise of implementing powers.
with the opinion of the committee, except in very excep
tional circumstances, where they may apply for a limited
period of time. The procedure should also ensure that the
(5)
It is necessary to ensure that the procedures for such
control are clear, effective and proportionate to the
Commission is able to review the draft implementing
nature of the implementing acts and that they reflect
acts where no opinion is delivered by the committee,
the institutional requirements of the TFEU as well as
taking into account the views expressed within the
the experience gained and the common practice
committee.
followed in the implementation of Decision
1999/468/EC.
(12) Provided that the basic act confers implementing powers
( 1 ) Position of the European Parliament of 16 December 2010 (not yet
on the Commission relating to programmes with
published in the Official Journal) and decision of the Council of
14 February 2011.
substantial budgetary implications or directed to third
( 2 ) OJ L 184, 17.7.1999, p. 23.
countries, the examination procedure should apply.

---

L 55/14
EN
Official Journal of the European Union
28.2.2011
(13) The
chair
of
a
committee
should
endeavour
to
find
(21) Decision
1999/468/EC
should
be
repealed.
In
order
to
solutions which command the widest possible support
ensure the transition between the regime provided for in
within the committee or the appeal committee and
Decision 1999/468/EC and this Regulation, any reference
should explain the manner in which the discussions
in existing legislation to the procedures provided for in
and suggestions for amendments have been taken into
that Decision should, with the exception of the regu
account. For that purpose, the Commission should pay
latory procedure with scrutiny provided for in
particular attention to the views expressed within the
Article 5a thereof, be understood as a reference to the
committee or the appeal committee as regards draft
corresponding procedures provided for in this Regu
definitive anti-dumping or countervailing measures.
lation. The effects of Article 5a of Decision 1999/468/EC
should be provisionally maintained for the purposes of
existing basic acts which refer to that Article.
(14) When
considering
the
adoption
of
other
draft
imple
menting acts concerning particularly sensitive sectors,
(22) The
Commission’s
powers,
as
laid
down
by
the
TFEU,
notably taxation, consumer health, food safety and
concerning the implementation of the competition rules
protection of the environment, the Commission, in
are not affected by this Regulation,
order to find a balanced solution, will, as far as
possible, act in such a way as to avoid going against
any predominant position which might emerge within
HAVE ADOPTED THIS REGULATION:
the appeal committee against the appropriateness of an
implementing act.
Article 1
Subject-matter
(15) The
advisory
procedure
should,
as
a
general
rule,
apply
in
This Regulation lays down the rules and general principles
all other cases or where it is considered more appro
governing the mechanisms which apply where a legally
priate.
binding Union act (hereinafter a ‘basic act’) identifies the need
for uniform conditions of implementation and requires that the
adoption of implementing acts by the Commission be subject to
the control of Member States.
(16) It
should
be
possible,
where
this
is
provided
for
in
a
basic act, to adopt implementing acts which are to
apply immediately on imperative grounds of urgency.
Article 2
Selection of procedures
(17) The
European
Parliament
and
the
Council
should
be
1. A
basic
act
may
provide
for
the
application
of
the
promptly informed of committee proceedings on a
advisory procedure or the examination procedure, taking into
regular basis.
account the nature or the impact of the implementing act
required.
(18) Either
the
European
Parliament
or
the
Council
should
be
2. The
examination
procedure
applies,
in
particular,
for
the
able at any time to indicate to the Commission that, in
adoption of:
its view, a draft implementing act exceeds the imple
menting powers provided for in the basic act, taking
into account their rights relating to the review of the
(a) implementing acts of general scope;
legality of Union acts.
(b) other implementing acts relating to:
(19) Public
access
to
information
on
committee
proceedings
should be ensured in accordance with Regulation (EC) No
(i) programmes with substantial implications;
1049/2001 of the European Parliament and of the
Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission
(ii) the common agricultural and common fisheries
documents ( 1 ).
policies;
(iii) the environment, security and safety, or protection of
(20) A register containing information on committee
the health or safety, of humans, animals or plants;
proceedings should be kept by the Commission.
Consequently, rules relating to the protection of classified
documents applicable to the Commission should also
(iv) the common commercial policy;
apply to the use of the register.
( 1 ) OJ L 145, 31.5.2001, p. 43.
(v) taxation.

---

EN
28.2.2011 Official
Journal
of
the
European
Union L
55/15
3. The
advisory
procedure
applies,
as
a
general
rule,
for
the the chair shall convene a committee meeting within a
adoption of implementing acts not falling within the ambit of
reasonable time.
paragraph 2. However, the advisory procedure may apply for
the adoption of the implementing acts referred to in paragraph
2 in duly justified cases.
6. The
committee’s
opinion
shall
be
recorded
in
the
minutes.
Committee members shall have the right to ask for their
position to be recorded in the minutes. The chair shall send
Article 3
the minutes to the committee members without delay.
Common provisions
7. Where applicable, the control mechanism shall include
1. The common provisions set out in this Article shall apply
referral to an appeal committee.
to all the procedures referred to in Articles 4 to 8.
The appeal committee shall adopt its own rules of procedure by
2. The
Commission
shall
be
assisted
by
a
committee a simple majority of its component members, on a proposal
composed of representatives of the Member States. The
from the Commission.
committee shall be chaired by a representative of the
Commission. The chair shall not take part in the committee
vote.
Where the appeal committee is seised, it shall meet at the
earliest 14 days, except in duly justified cases, and at the
latest 6 weeks, after the date of referral. Without prejudice to
3. The chair shall submit to the committee the draft imple
paragraph 3, the appeal committee shall deliver its opinion
menting act to be adopted by the Commission.
within 2 months of the date of referral.
A representative of the Commission shall chair the appeal
Except in duly justified cases, the chair shall convene a meeting
committee.
not less than 14 days from submission of the draft imple
menting act and of the draft agenda to the committee. The
committee shall deliver its opinion on the draft implementing
The chair shall set the date of the appeal committee meeting in
act within a time limit which the chair may lay down according
close cooperation with the members of the committee, in order
to the urgency of the matter. Time limits shall be proportionate
to enable Member States and the Commission to ensure an
and shall afford committee members early and effective oppor
appropriate level of representation. By 1 April 2011, the
tunities to examine the draft implementing act and express their
Commission shall convene the first meeting of the appeal
views.
committee in order to adopt its rules of procedure.
4. Until
the
committee
delivers
an
opinion,
any
committee
Article 4
member may suggest amendments and the chair may present
Advisory procedure
amended versions of the draft implementing act.
1.
Where the advisory procedure applies, the committee shall
deliver its opinion, if necessary by taking a vote. If the
The chair shall endeavour to find solutions which command the
committee takes a vote, the opinion shall be delivered by a
widest possible support within the committee. The chair shall
simple majority of its component members.
inform the committee of the manner in which the discussions
and suggestions for amendments have been taken into account,
in particular as regards those suggestions which have been
2. The
Commission
shall
decide
on
the
draft
implementing
largely supported within the committee.
act to be adopted, taking the utmost account of the conclusions
drawn from the discussions within the committee and of the
opinion delivered.
5. In
duly
justified
cases,
the
chair
may
obtain
the
committee’s opinion by written procedure. The chair shall
Article 5
send the committee members the draft implementing act and
shall lay down a time limit for delivery of an opinion according
Examination procedure
to the urgency of the matter. Any committee member who does
1. Where the examination procedure applies, the committee
not oppose the draft implementing act or who does not
shall deliver its opinion by the majority laid down in
explicitly abstain from voting thereon before the expiry of
Article 16(4) and (5) of the Treaty on European Union and,
that time limit shall be regarded as having tacitly agreed to
where applicable, Article 238(3) TFEU, for acts to be adopted
the draft implementing act.
on a proposal from the Commission. The votes of the represen
tatives of the Member States within the committee shall be
weighted in the manner set out in those Articles.
Unless otherwise provided in the basic act, the written
procedure shall be terminated without result where, within
the time limit referred to in the first subparagraph, the chair
2. Where
the
committee
delivers
a
positive
opinion,
the
so decides or a committee member so requests. In such a case,
Commission shall adopt the draft implementing act.

---

L 55/16
EN
Official Journal of the European Union
28.2.2011
3. Without
prejudice
to
Article
7,
if
the
committee
delivers
a
Article 6
negative opinion, the Commission shall not adopt the draft
implementing act. Where an implementing act is deemed to
Referral to the appeal committee
be necessary, the chair may either submit an amended version
1. The
appeal
committee
shall
deliver
its
opinion
by
the
of the draft implementing act to the same committee within 2
majority provided for in Article 5(1).
months of delivery of the negative opinion, or submit the draft
implementing act within 1 month of such delivery to the appeal
committee for further deliberation.
2. Until
an
opinion
is
delivered,
any
member
of
the
appeal
committee may suggest amendments to the draft implementing
act and the chair may decide whether or not to modify it.
4. Where
no
opinion
is
delivered,
the
Commission
may
adopt the draft implementing act, except in the cases
provided for in the second subparagraph. Where the
The chair shall endeavour to find solutions which command the
Commission does not adopt the draft implementing act, the
widest possible support within the appeal committee.
chair may submit to the committee an amended version thereof.
The chair shall inform the appeal committee of the manner in
which the discussions and suggestions for amendments have
Without prejudice to Article 7, the Commission shall not adopt
been taken into account, in particular as regards suggestions
the draft implementing act where:
for amendments which have been largely supported within
the appeal committee.
(a) that act concerns taxation, financial services, the protection
of the health or safety of humans, animals or plants, or
3. Where
the
appeal
committee
delivers
a
positive
opinion,
definitive multilateral safeguard measures;
the Commission shall adopt the draft implementing act.
Where no opinion is delivered, the Commission may adopt the
(b) the basic act provides that the draft implementing act may
draft implementing act.
not be adopted where no opinion is delivered; or
Where the appeal committee delivers a negative opinion, the
Commission shall not adopt the draft implementing act.
(c) a simple majority of the component members of the
committee opposes it.
4. By
way
of
derogation
from
paragraph
3,
for
the
adoption
of definitive multilateral safeguard measures, in the absence of a
In any of the cases referred to in the second subparagraph,
positive opinion voted by the majority provided for in
where an implementing act is deemed to be necessary, the
Article 5(1), the Commission shall not adopt the draft measures.
chair may either submit an amended version of that act to
the same committee within 2 months of the vote, or submit
the draft implementing act within 1 month of the vote to the
5. By way of derogation from paragraph 1, until
appeal committee for further deliberation.
1 September 2012, the appeal committee shall deliver its
opinion on draft definitive anti-dumping or countervailing
measures by a simple majority of its component members.
5. By
way
of
derogation
from
paragraph
4,
the
following
procedure shall apply for the adoption of draft definitive anti-
Article 7
dumping or countervailing measures, where no opinion is
delivered by the committee and a simple majority of its
Adoption of implementing acts in exceptional cases
component members opposes the draft implementing act.
By way of derogation from Article 5(3) and the second
subparagraph of Article 5(4), the Commission may adopt a
draft implementing act where it needs to be adopted without
The Commission shall conduct consultations with the Member
delay in order to avoid creating a significant disruption of the
States. 14 days at the earliest and 1 month at the latest after the
markets in the area of agriculture or a risk for the financial
committee meeting, the Commission shall inform the
interests of the Union within the meaning of Article 325 TFEU.
committee members of the results of those consultations and
submit a draft implementing act to the appeal committee. By
way of derogation from Article 3(7), the appeal committee shall
In such a case, the Commission shall immediately submit the
meet 14 days at the earliest and 1 month at the latest after the
adopted implementing act to the appeal committee. Where the
submission of the draft implementing act. The appeal
appeal committee delivers a negative opinion on the adopted
committee shall deliver its opinion in accordance with
implementing act, the Commission shall repeal that act
Article 6. The time limits laid down in this paragraph shall
immediately. Where the appeal committee delivers a positive
be without prejudice to the need to respect the deadlines laid
opinion or no opinion is delivered, the implementing act
down in the relevant basic acts.
shall remain in force.

---

EN
28.2.2011 Official
Journal
of
the
European
Union L
55/17
Article 8
(c) the summary records, together with the lists of the
authorities and organisations to which the persons
Immediately applicable implementing acts
designated by the Member States to represent them belong;
1. By
way
of
derogation
from
Articles
4
and
5,
a
basic
act
may provide that, on duly justified imperative grounds of
urgency, this Article is to apply.
(d) the draft implementing acts on which the committees are
asked to deliver an opinion;
2. The
Commission
shall
adopt
an
implementing
act
which (e) the voting results;
shall apply immediately, without its prior submission to a
committee, and shall remain in force for a period not
exceeding 6 months unless the basic act provides otherwise.
(f) the final draft implementing acts following delivery of the
opinion of the committees;
3. At the latest 14 days after its adoption, the chair shall
submit the act referred to in paragraph 2 to the relevant
(g) information concerning the adoption of the final draft
committee in order to obtain its opinion.
implementing acts by the Commission; and
4. Where
the
examination
procedure
applies,
in
the
event
of (h) statistical data on the work of the committees.
the committee delivering a negative opinion, the Commission
shall immediately repeal the implementing act adopted in
accordance with paragraph 2.
2. The
Commission
shall
also
publish
an
annual
report
on
the work of the committees.
5. Where
the
Commission
adopts
provisional
anti-dumping 3. The
European
Parliament
and
the
Council
shall
have
or countervailing measures, the procedure provided for in this
access to the information referred to in paragraph 1 in
Article shall apply. The Commission shall adopt such measures
accordance with the applicable rules.
after consulting or, in cases of extreme urgency, after informing
the Member States. In the latter case, consultations shall take
place 10 days at the latest after notification to the Member
4. At the same time as they are sent to the committee
States of the measures adopted by the Commission.
members, the Commission shall make available to the
European Parliament and the Council the documents referred
to in points (b), (d) and (f) of paragraph 1 whilst also informing
Article 9
them of the availability of such documents.
Rules of procedure
1. Each
committee
shall
adopt
by
a
simple
majority
of
its 5. The
references
of
all
documents
referred
to
in
points
(a)
to
component members its own rules of procedure on the
(g) of paragraph 1 as well as the information referred to in
proposal of its chair, on the basis of standard rules to be
paragraph 1(h) shall be made public in the register.
drawn up by the Commission following consultation with
Member States. Such standard rules shall be published by the
Commission in the Official Journal of the European Union.
Article 11
Right of scrutiny for the European Parliament and the
Council
In so far as may be necessary, existing committees shall adapt
their rules of procedure to the standard rules.
Where a basic act is adopted under the ordinary legislative
procedure, either the European Parliament or the Council may
at any time indicate to the Commission that, in its view, a draft
2. The
principles
and
conditions
on
public
access
to implementing act exceeds the implementing powers provided
documents and the rules on data protection applicable to the
for in the basic act. In such a case, the Commission shall
Commission shall apply to the committees.
review the draft implementing act, taking account of the
positions expressed, and shall inform the European Parliament
and the Council whether it intends to maintain, amend or
Article 10
withdraw the draft implementing act.
Information on committee proceedings
Article 12
1. The
Commission
shall
keep
a
register
of
committee
proceedings which shall contain:
Repeal of Decision 1999/468/EC
Decision 1999/468/EC is hereby repealed.
(a) a list of committees;
The effects of Article 5a of Decision 1999/468/EC shall be
maintained for the purposes of existing basic acts making
(b) the agendas of committee meetings;
reference thereto.

---

L 55/18
EN
Official Journal of the European Union
28.2.2011
Article 13
2. Articles 3 and 9 of this Regulation shall apply to all
existing committees for the purposes of paragraph 1.
Transitional provisions: 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
3. Article
7
of
this
Regulation
shall
apply
only
to
existing
by the Commission in accordance with Decision 1999/468/EC,
procedures which make reference to Article 4 of Decision
the following rules shall apply:
1999/468/EC.
(a) where the basic act makes reference to Article 3 of Decision
1999/468/EC, the advisory procedure referred to in
4. The
transitional
provisions
laid
down
in
this
Article
shall
Article 4 of this Regulation shall apply;
not prejudge the nature of the acts concerned.
(b) where the basic act makes reference to Article 4 of Decision
Article 14
1999/468/EC, the examination procedure referred to in
Article 5 of this Regulation shall apply, with the
Transitional arrangement
exception of the second and third subparagraphs of
This Regulation shall not affect pending procedures in which a
Article 5(4);
committee has already delivered its opinion in accordance with
Decision 1999/468/EC.
(c) where the basic act makes reference to Article 5 of Decision
1999/468/EC, the examination procedure referred to in
Article 5 of this Regulation shall apply and the basic act
Article 15
shall be deemed to provide that, in the absence of an
opinion, the Commission may not adopt the draft imple
Review
menting act, as envisaged in point (b) of the second
By 1 March 2016, the Commission shall present a report to the
subparagraph of Article 5(4);
European Parliament and the Council on the implementation of
this Regulation, accompanied, if necessary, by appropriate legis
lative proposals.
(d) where the basic act makes reference to Article 6 of Decision
1999/468/EC, Article 8 of this Regulation shall apply;
Article 16
(e) where the basic act makes reference to Articles 7 and 8 of
Entry into force
Decision 1999/468/EC, Articles 10 and 11 of this Regu
lation shall apply.
This Regulation shall enter into force on 1 March 2011.
This Regulation is binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 16 February 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
MARTONYI J.

---