Implementing and delegated acts

What are implementing and delegated acts?

Implementing and delegated acts help ensure that an adopted EU law is applied consistently across all EU countries, or define technical details.  

They are both non-legislative acts, meaning they are not adopted through the EU's legislative procedures. Instead, the Council and the European Parliament can authorise the European Commission, the EU's executive body, to adopt these acts.  

While implementing acts cannot modify the main law that confers powers on the Commission, delegated acts may supplement or amend its non-essential elements.

Implementing acts 

Implementing acts ensure that EU laws are applied in the same way across all EU countries. They cannot change the main law. 

Committees of national experts review the Commission's draft implementing act. Their opinion may be binding or non-binding, depending on the procedure. The Council and Parliament, however, cannot block the adoption of the act. 

Examples: databases, rules on agricultural prices, approving medicinal products 

Delegated acts

Delegated acts allow the Commission to supplement or amend non-essential elements of the main law with technical details. 

They enter into force only if the Council and Parliament do not object. 

Examples: travel information rules, food labelling requirements, animal and plant health measures

Implementing acts – step-by-step procedure

Implementing powers are usually conferred on the European Commission. In certain specific cases, the Council adopts the implementing act instead. 

Draft implementing acts prepared by the Commission are examined by committees of national experts, which is why the procedure is called the committee procedure, or sometimes, informally, comitology. There are a few exceptions where the Commission may adopt an implementing act without involving a committee, e.g. for allocating small grants. 

What are comitology committees? 

Comitology committees are made up of representatives from EU countries (national experts) and are chaired by the Commission. 

What is the committee procedure? 

There are two committee procedures, which differ in the extent to which the committee is involved:

• advisory procedure 
• examination procedure

Advisory procedure

The advisory procedure is for example used for implementing acts, or to award grants or funding.

1. 

   Step 1

   The advisory committee gives its opinion by simple majority.

2. 

   Step 2

   The Commission decides whether to adopt the act, taking the committee's opinion into account. The committee's opinion is not binding.

Examination procedure

The examination procedure is the only in which EU countries can block the adoption of an implementing act.

This procedure is used for example for implementing acts related to large EU programmes, the common agricultural policy, fisheries, the environment, and safety and health rules.

1. 

   Step 1

   The examination committee gives its opinion by qualified majority, meaning 55% of the national experts representing at least 65% of the EU's population. 

2. 

   Step 2

   If the committee's opinion is positive, the Commission adopts the act. If the committee's opinion is negative, the Commission may not adopt the act. If the committee does not deliver an opinion, the Commission may adopt the act, unless the main law excludes this possibility, a simple majority of the committee opposes, or the act concerns taxation, financial services, or the protection of health or safety.

If the Commission is prevented from adopting the implementing act, it may: 

• submit a revised draft to the examination committee within two months 
• submit the draft implementing act to an appeal committee (also made up of national representatives) within one month

Immediately applicable implementing acts  

In duly justified, urgent cases, and if the legislative act allows it, the Commission may adopt the implementing act before consulting the committee. In such cases:  

• it must consult the committee within 14 days after adoption 
• the act applies for a maximum of six months, unless the legislative act provides otherwise 

If the examination procedure applies and the committee delivers a negative opinion, the Commission must repeal the act immediately.

Legal basis

Implementing acts are defined in Article 291 of the Treaty on the Functioning of the European Union and in the regulation on committee procedure (Regulation (EU) No 182/2011).

Delegated acts – step-by-step procedure

Delegated acts can only be adopted if the main law gives the Commission the power to do so. The legislative act defines the objectives, scope and duration of this delegation. 

Both the Council and the European Parliament may withdraw this delegation at any time, even if the Commission has not yet presented a delegated act. 

The adoption of a delegated act follows three main steps:

1. 1

   Drafting and consultation

   The Commission prepares the delegated act. It must consult experts designated by each EU country before adopting the act.  

2. 2

   Examination

   The Council and the Parliament each examine the delegated act.

   Time limit: two months, extendable

3. 3

   Entering into force

   If either the Council or the Parliament objects, the delegated act does not enter into force.

   If no objection is raised, the delegated act enters into force. 

Legal basis 

Delegated acts are defined in Article 290 of the Treaty on the Functioning of the European Union. 

• Register of delegated and implementing acts (European Commission)
• Have your say: Share your views on EU policies and laws (European Commission)