SofemaOnline (www.sofemaonline.com) looks at the principle of Implementing & Delegated Acts
Introduction
Once an EU law is passed, it can be necessary to update it to reflect developments in a particular sector or to ensure that it is implemented properly. Parliament and Council can authorise the Commission to adopt delegated or implementing acts, respectively, in order to do this.
Implementing acts
Primary responsibility for implementing EU law lies with EU countries. However, in areas where uniform conditions for implementation are needed (taxation, agriculture, the internal market, health and food safety, etc.), the Commission (or exceptionally the Council) adopts an implementing act.
How are implementing acts adopted?
Before the Commission can adopt an implementing act, it must usually consult a committee in which every EU country is represented.
The committee enables EU countries to oversee the Commission's work as it adopts an implementing act – a procedure referred to in EU jargon as ‘comitology’.
As part of the Commission's better regulation agenda, citizens and other stakeholders can provide feedback on the draft text of an implementing act for four weeks before the relevant committee votes to accept or reject it. There are some exceptions, for example, in case of emergency or when citizens and stakeholders have already contributed. More details in the better regulation toolbox.
An overview of the feedback gathered is presented to the committee, and the resulting discussion is included in the summary record, which is published in the comitology register.
Delegated acts
The Commission adopts them on the basis of a delegation granted in the text of an EU law, in this case a legislative act.
The Commission's power to adopt delegated acts is subject to strict limits:
- The delegated act cannot change the essential elements of the law
- The legislative act must define the objectives, content, scope and duration of the delegation of power
- Parliament and Council may revoke the delegation or express objections to the delegated act
How are delegated acts adopted?
The Commission prepares and adopts delegated acts after consulting expert groups, composed of representatives from each EU country, which meet on a regular or occasional basis.
As part of the Commission's better regulation agenda, citizens and other stakeholders can provide feedback on the draft text of a delegated act during a four-week period. There are some exceptions, for example, in case of emergency or when citizens and stakeholders have already contributed. More details in the better regulation toolbox.
Once the Commission has adopted the act, Parliament and Council generally have two months to formulate any objections. If they do not, the delegated act enters into force.
Adopted acts contain an 'explanatory memorandum' summarising the feedback received and how it was used.
Register of Commission expert groups and other similar entities
A new Interinstitutional Register of Delegated Acts was launched in December 2017. It provides a complete view of the lifecycle of delegated acts and allows users to subscribe in order to receive notifications about the files of their interest. The Register is available in all the EU languages. (Interinstitutional register of delegated acts)
The measures taken in accordance with this Regulation to regulate civil aviation in the Union, and the delegated and implementing acts adopted on the basis thereof, should correspond and be proportionate to the nature and risks associated with the different types of aircraft, operations, and activities they address.
Such measures should also, in as far as possible, be formulated in a manner that focuses on objectives to be achieved while allowing different means of achieving those objectives, and they should also foster a systemic approach to civil aviation, taking into account interdependencies between safety and other technical domains of aviation regulation, including cyber security.
This should contribute to a more cost-efficient achievement of required safety levels and to the stimulation of technical and operational innovation. Use should be made of recognised industry standards and practices, where it has been found that they ensure compliance with the essential requirements set out in this Regulation.
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