Regulation (EU) 2019/1243 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union

Summary:

Regulation of the European Parliament and of the Council of 20 June 2019 amending a number of legislative acts in order to align them with provisions introduced by the Treaty of Lisbon.

Further information:

The Treaty of Lisbon substantially modified the legal framework governing the powers that can be conferred on the European Commission by the legislator. Articles 290 and 291 TFEU introduced a clear distinction between powers to adopt non-legislative acts of general application to supplement or amend a legislative act (delegated acts), and powers to adopt acts to ensure uniform conditions for implementing a legally binding act (implementing acts).

Legislative acts adopted before the entry into force of the Treaty of Lisbon confer powers on the Commission to adopt measures under the regulatory procedure with scrutiny (RPS) established by Article 5a of Decision 1999/468/EC (the Comitology Decision). The revision of this Decision by Regulation 182/2011 (the Comitology Regulation) left out of its scope Article 5a of the Comitology Decision. Article 5a had therefore to be provisionally maintained for the purposes of existing acts referring to this Article.

At the time of adoption of the Comitology Regulation the Commission made a commitment to review the provisions attached to this procedure, in order to adapt them in due course. In line with this commitment the Commission presented three legislative proposals in 2013, but due to the stagnation of the interinstitutional negotiations on these files, the Commission withdrew them.

The question of the alignment was taken up again in the discussions on the revision of the Interinstitutional Agreement on Better Law-Making. All institutions acknowledged the need for the alignment and the Commission committed to submit by the end of 2016 a new proposal for the alignment of legislative acts which still contain references to the RPS.

• Primary Source

EUR-Lex: COM(2016)799: Proposal for a Regulation adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:799:FIN

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