Decision-making process: delegated and implementing acts
What is a delegated act?
A non-legislative act of general application which may only be adopted if there is a delegation of powers in the legislative act.
What is an implementing act?
A non-legislative act laying down detailed rules allowing the uniform implementation of legally binding Union acts.
Why do we need them?
Delegated act: allows the Commission to react quickly and flexibly in areas such as:
- travel information
- food and feed safety
- animal health and welfare
- plant health
Delegated acts can only be adopted on the basis of a delegation granted in a legislative act.
How are delegated acts adopted?
There are certain conditions involved, the Commission prepares draft delegated acts in accordance with:
- the conditions of the delegation set out in the approved legislation
- in cooperation with experts, including from member states
Step 1:The Commission consults expert groups and adopts the act.
Simultaneously: The Council (working party) and the Parliament (responsible committee) examine the proposal [2 months (extendible once)]
Option 1: no objection
If no objection is raised during the objection period, the delegated act enters into force.
Step 2: The Commission decides on its own whether to adopt the draft act, taking into account the committee's opinion, regardless even of a negative opinion.
Option 2: raising an objection
The Council, may object via a decision adopted with by qualified majority.
The EP plenary may object via a vote by a majority of its component members.
If either the Council or the EP raise an objection, the act may not enter into force.
How are implementing acts adopted?
Implementing powers are conferred in the vast majority of cases on the European Commission.
Exceptionally on the Council in duly justified cases and those provided for in (Art24 &26TEU)
Comitology is the procedure governing the adoption of a significant part of the implementing acts by the Commission.
Committees are made up of representatives from the EU countries (member states' experts).
Step 1:Draft implementing acts prepared by the Commission are, as a rule, submitted to comitology committees. There are 2 types of committee procedures:
Advisory procedure:
Step 1: The advisory committee delivers its opinion by simple majority. The opinion is non-binding.
Step 2: The Commission decides on its own whether to adopt the draft act, taking into account the committee's opinion, regardless even of a negative opinion.
Examination procedure:
Step 1: the examination committee must deliver an opinion by qualified majority.
Option 1:
If the committee's opinion is positive, the Commission adopts the act.
Option 2:
If the committee's opinion is negative, the Commission may not adopt the implementing act.
Option 3:
If no opinion is delivered, the Commission may adopt the draft implementing act, with the exception of the cases specified in the comitology regulation.
Option 4:
In the case of a negative vote: the Commission has either one month to submit the draft measure to the appeal committee (member states' experts), or two months to submit a new version to the same committee.
For implementing acts- immediately applicable, the procedure is different:
Step 1:the Commission adopts the implementing act before consulting a committee, on duly justified imperative grounds of urgency, if provided for in the basic act.
Timeline: the act applies for a maximum period of six months, unless the basic act provides otherwise.
Step 2: the Commission has to consult the relevant committee within 14 days of adoption.
Option 1:
When the examination procedure applies and the committee delivers a negative opinion, the Commission is obliged to repeal the act immediately.
Last review: 3 February 2025