10 July 2006

Comitology: Parliament can block Commission decisions

The European Parliament endorsed the compromise reached with representatives of the Commission and the Council on the so-called comitology procedure. The new agreement allows MEPs, for the first time, to block implementing decisions taken by the Commission. It also means Parliament will be informed of these decisions in all official languages and extends the time available for Parliamentary scrutiny.

In the debate held on Wednesday 5 July, rapporteur Richard Corbett said: 'with this agreement, there is a transformation of the situation'. According to him, the new compromise improves 'accountability and transparency of the whole Community system.'

After five months of negotiation, undertaken on behalf of the Parliament by Mr Corbett and Joseph Daul, the three EU Institutions agreed to reform the current comitology system, which gives no real blocking power to MEPs. The agreement also improves Parliament's rights to be informed, by ensuring that the Commission provides detailed information on all comitology activities in all official languages.

The main accomplishment of the new agreement is the new article 5 of a Council Decision modifying the 1999 act on the implementing rights of the Commission (1999/468/EC). This introduces a new Regulatory procedure with scrutiny. According to the new procedure, Parliament will be able to block, by an absolute majority of MEPs (i.e. 367 votes are needed for the resolution to pass), quasi-legislative implementing measures under co-decision legislation by simply saying 'No'. If this happens, the Commission cannot enact the measures and has to propose either a new comitology decision or a new legislative act under the co-decision procedure.

The system of transmission of information from the Commission to Parliament has been improved. At present, documents are delivered in one or up to three languages. The Commission has now agreed to set up a detailed information system on all comitology committees' activities in all Parliaments' official languages. The time limit for MEPs to scrutinise the proposed decisions is increased from one month to three, extendable to four for the most complex issues. The clock will start ticking only when the EP has received full documentations in all official languages.

The EU legislator - when the co-decision procedure is used, this means the Parliament and the Council - often delegates powers to Commission to adopt the detailed measures need to implement legislation. The comitology system enables the Council to scrutinise the work of the Commission and, in most important cases, to block its decisions. The comitology procedures have been criticised since their introduction, mainly because Parliament does not enjoy the same rights as the Council, despite its role as co-legislator. At present, the Commission, when exercising these delegated implementing powers, can proceed with decisions, even if the Parliament opposes them. With the new agreement, Parliament and Council are now put on equal footing for all comitology procedures related to co-decision acts.

The agreement and the associated Joint Declaration must be ratified by all three institutions to come into force. The Commission formally approved the texts on 22 June.

© Graham Bishop