EU Committee Procedures: Decision-Making Framework

The European Union employs several committee procedures to facilitate the adoption of implementing acts. These include:

• The Advisory Procedure
• The Management Procedure
• The Regulatory Procedure
• The Regulatory Procedure with Scrutiny
• Procedural Safeguards

Common Elements of Advisory, Management, and Regulatory Procedures

In all these cases, a committee composed of representatives from the Member States and chaired by a representative of the European Commission is involved. The Commission submits its draft implementing measures to the Committee for an opinion within a specified period. The Committee acts by qualified majority.

European Parliament (EP) participation is limited to when the Commission sends its draft measures, allowing the EP to adopt a resolution stating that a measure exceeds its jurisdiction. If Parliament approves, the Commission can continue the procedure, develop a new project, or present a legislative proposal to Parliament and the Council that has a legal basis.

Advisory and Management Procedures Explained

The Advisory Procedure

The Advisory Procedure is applied when it is considered the most appropriate approach given the circumstances, and where no other procedure is specifically mandated. The Commission submits the draft implementing measure to the Advisory Committee, which issues a mandatory but non-binding opinion. The Commission then adopts and applies the measure immediately.

The Management Procedure

The Management Procedure is designed for management measures, particularly in areas such as the Common Agricultural Policy, the Common Fisheries Policy, or financial programs. The Commission sends the draft implementing measure to the Management Committee to prepare an opinion. If the Committee provides a favorable opinion, or in the absence of an opinion, the Commission intends to apply the measure immediately. However, if the Management Committee issues a negative opinion, the Commission must either adopt the measure or defer its implementation and report to the Council, which may then take a different decision by qualified majority.

The Regulatory Procedure

The Regulatory Procedure applies to measures of general scope designed to implement essential elements of a basic act, or to essential elements when implementing the Regulatory Procedure with Scrutiny. The Commission submits the draft to the Regulatory Committee. The Committee may give a favorable opinion, leading to the adoption of the measure by the committee, or a negative opinion, or no opinion. In the latter two cases, the Commission must present a proposal to the Council and report to Parliament.

The Council, in turn, may adopt the act, not adopt the measure, or oppose the proposal, in which case the Commission adopts the measure. Finally, the Council could oppose the proposal, which would enable the Commission to submit an amended proposal to the Council, re-submit its original proposal, or present a legislative proposal.