EUROPEAN COMMISSION
Brussels, 9.9.2021
COM(2021) 544 final
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
on the working of committees during 2020
{SWD(2021) 240 final}
EUROPEAN COMMISSION
Brussels, 9.9.2021
COM(2021) 544 final
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
on the working of committees during 2020
{SWD(2021) 240 final}
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
on the working of committees during 2020
In accordance with Article 10(2) of Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers 1 (the ‘Comitology Regulation’), the Commission hereby presents its annual report on the working of committees for 2020.
The report gives an overview of developments in the comitology system in 2020 and a summary of the committees’ activities. It is accompanied by a staff working document containing detailed statistics on the work of the individual committees.
1.Overview of developments in the comitology system in 2020
In 2020, the committees operated in accordance with the procedures set out in the Comitology Regulation, i.e. the advisory (Article 4) and the examination (Article 5), as well as the regulatory procedure with scrutiny set out in Article 5a of the Comitology Decision 2 .
The outbreak of COVID-19 and the measures taken to contain it severely limited the possibility of holding physical committee meetings. Most committee meetings were therefore held remotely. Remote meetings were treated as a committee meeting for the purposes of the Comitology Register. As a rule, remote committee meetings were used for discussing draft implementing acts and the vote was carried out by written procedure.
A new Comitology Register 3 was launched on 28 October 2020. It continues to comply with the requirements set out in Article 10 of the Comitology Regulation, and it now offers improved search criteria and committee pages, thereby making it easier to find information. The Register of Delegated and Implementing Acts 4 was also launched on 28 October 2020, thereby documenting in a single place the work of the Commission on the basis of empowerments received from the legislator.
As regards the regulatory procedure with scrutiny, the Interinstitutional Agreement on Better Law-Making of 13 April 2016 5 recalls in its point 27 the need to align acts still refering to this procedure to the new legal framework introduced by the Lisbon Treaty.
In 2019, it was agreed to align 64 basic acts providing for the regulatory procedure with scrutiny to delegated and in a few cases implementing acts 6 . After this partial agreement on the Commission’s proposal, interinstitutional negotiations are continuing on the alignment of the remaining basic acts included in the general Commission proposal 7 and in its proposal concerning the area of justice 8 . During 2020, negotiations did not progress due to the limitations related to COVID-19.
Negotiations are still ongoing on the Commission proposal from 14 February 2017 on a Regulation of the European Parliament and of the Council amending the Comitology Regulation (EU) No 182/2011 9 . This proposal put forward a number of targeted changes to the functioning of the appeal committee to address no opinion situations in sensitive areas. The European Parliament adopted its negotiation mandate 10 on the proposal on 17 December 2020.
As announced in the Better Regulation Communication 11 , the Commission continues to publish draft texts for delegated and important implementing acts for a four weeks feedback period, allowing stakeholders to submit comments. In 2020, 66 such draft acts were published for public feedback on the Commission’s ‘Have your say’ website 12 .
2.Overview of activities
2.1.Number of committees
This report focuses exclusively on comitology committees set up by the legislator to assist the Commission in the exercise of the implementing powers conferred upon it by basic legal acts. Other entities, in particular expert groups set up by the Commission itself, are not covered in this report.
In 2020, 322 comitology committees were active (see Table I). This number includes all the committee configurations 13 . The figures for the previous year (on 31 December 2019) are also given for the purposes of comparison. There was only a very slight increase in the number of committees compared to 2019 (318).
TABLE I — Total number of committees
|
Commission department |
2019 |
2020 |
|
AGRI (Agriculture and Rural Development |
11 |
11 |
|
BUDG (Budget) |
2 |
2 |
|
CLIMA (Climate Action) |
5 |
5 |
|
CNECT (Communications Networks, Content and Technology) |
9 |
9 |
|
DEFIS (Defence Industry and Space) |
6 |
5 |
|
INTPA (International Partnerships)/DEVCO (International Cooperation and Development) |
5 |
5 |
|
DIGIT (Informatics) |
1 |
1 |
|
EAC (Education and Culture) |
2 |
2 |
|
ECFIN (Economic and Financial Affairs) |
1 |
1 |
|
ECHO (Humanitarian Aid and Civil Protection) |
2 |
2 |
|
EMPL (Employment, Social Affairs and Inclusion) |
5 |
5 |
|
ENER (Energy) |
14 |
14 |
|
ENV (Environment) |
27 |
27 |
|
ESTAT (Eurostat) |
2 |
2 |
|
FISMA (Financial Stability, Financial Services and Capital markets Union) |
9 |
11 |
|
FPI (Service for Foreign Policy Instruments) |
4 |
2 |
|
GROW (Internal Market, Industry, Entrepreneurship and SMEs) |
36 |
38 |
|
HOME (Migration and Home Affairs) |
18 |
19 |
|
JUST (Justice and Consumers) |
24 |
26 |
|
MARE (Maritime Affairs and Fisheries) |
3 |
3 |
|
MOVE (Mobility and Transport) |
32 |
32 |
|
NEAR (Neighbourhood and Enlargement Negotiations) |
3 |
3 |
|
OLAF (European Anti-Fraud Office) |
1 |
1 |
|
REGIO (Regional and Urban Policy) |
1 |
1 |
|
RTD (Research and Innovation) |
17 |
17 |
|
SANTE (Health and Food Safety) |
34 |
34 |
|
SG (Secretariat-General) |
4* |
4 |
|
TAXUD (Taxation and Customs Union) |
26 |
26 |
|
TRADE (Trade) |
14 |
14 |
|
TOTAL: |
318 |
322 |
* Including the appeal committee (for the purposes of the comitology register, the appeal committee is registered as a committee under the responsibility of the Secretariat-General; in practice, it is managed by all services concerned).
Comitology committees can generally be classified according to the type of procedure under which they operate. Table II shows the committees active in 2020 per procedure (advisory procedure, examination procedure, regulatory procedure with scrutiny). The committees that applied multiple procedures have been separated from committees operating under a single procedure.
TABLE II — Number of committees by procedure
|
Commission department |
Type of procedure |
||||
|
Advisory |
Examination |
Regulatory with scrutiny |
Operates under several procedures |
TOTAL: |
|
|
AGRI |
0 |
5 |
0 |
6 |
11 |
|
BUDG |
0 |
1 |
0 |
1 |
2 |
|
CLIMA |
0 |
1 |
0 |
4 |
5 |
|
CNECT |
0 |
4 |
0 |
5 |
9 |
|
DEFIS |
0 |
3 |
0 |
2 |
5 |
|
INTPA/ DEVCO |
0 |
2 |
0 |
3 |
5 |
|
DIGIT |
0 |
1 |
0 |
0 |
1 |
|
EAC |
0 |
1 |
0 |
1 |
2 |
|
ECFIN |
0 |
0 |
0 |
1 |
1 |
|
ECHO |
0 |
1 |
0 |
1 |
2 |
|
EMPL |
0 |
0 |
2 |
3 |
5 |
|
ENER |
2 |
6 |
1 |
5 |
14 |
|
ENV |
0 |
7 |
4 |
16 |
27 |
|
ESTAT |
0 |
0 |
0 |
1 |
1 |
|
FISMA |
0 |
4 |
2 |
5 |
11 |
|
FPI |
0 |
1 |
0 |
1 |
2 |
|
GROW |
3 |
9 |
2 |
24 |
38 |
|
HOME |
1 |
15 |
0 |
3 |
19 |
|
JUST |
8 |
9 |
4 |
5 |
26 |
|
MARE |
0 |
2 |
0 |
1 |
3 |
|
MOVE |
4 |
8 |
2 |
18 |
32 |
|
NEAR |
1 |
1 |
0 |
1 |
3 |
|
OLAF |
0 |
1 |
0 |
0 |
1 |
|
REGIO |
0 |
0 |
0 |
1 |
1 |
|
RTD |
0 |
15 |
0 |
2 |
17 |
|
SANTE |
0 |
12 |
0 |
22 |
34 |
|
SG |
0 |
3 |
0 |
1 |
4* |
|
TAXUD |
1 |
10 |
0 |
15 |
26 |
|
TRADE |
3 |
5 |
0 |
6 |
14 |
|
TOTAL: |
23 |
128 |
17 |
154 |
322 |
* Including the appeal committee.
2.2.Number of meetings
The number of meetings is one of the indicators of activity at comitology level. Combined with the number of written procedures 14 , it reflects the intensity of work in general, both at sector level and in individual committees (Table III).
TABLE III — Number of meetings and written procedures
|
Commission department |
Number of committees |
Meetings |
Written procedures |
||
|
2019 |
2020 |
2019 |
2020 |
||
|
AGRI |
11 |
90 |
79 |
18 |
69 |
|
BUDG |
2 |
4 |
1 |
1 |
5 |
|
CLIMA |
5 |
5 |
7 |
1 |
8 |
|
CNECT |
9 |
11 |
12 |
15 |
17 |
|
DEFIS |
5 |
20 |
14 |
9 |
6 |
|
INTPA/ DEVCO |
5 |
13 |
9 |
14 |
51 |
|
DIGIT |
1 |
2 |
2 |
0 |
0 |
|
EAC |
2 |
5 |
2 |
0 |
1 |
|
ECFIN |
1 |
0 |
5 |
0 |
0 |
|
ECHO |
2 |
7 |
8 |
3 |
6 |
|
EMPL |
5 |
7 |
3 |
1 |
1 |
|
ENER |
14 |
16 |
12 |
6 |
3 |
|
ENV |
27 |
25 |
20 |
12 |
9 |
|
ESTAT |
2 |
3 |
3 |
9 |
11 |
|
FISMA |
11 |
6 |
14 |
18 |
14 |
|
FPI |
2 |
5 |
4 |
2 |
3 |
|
GROW |
38 |
34 |
35 |
14 |
48 |
|
HOME |
19 |
45 |
47 |
16 |
38 |
|
JUST |
26 |
13 |
9 |
2 |
3 |
|
MARE |
3 |
1 |
0 |
9 |
15 |
|
MOVE |
32 |
46 |
44 |
31 |
41 |
|
NEAR |
3 |
9 |
7 |
8 |
66 |
|
OLAF |
1 |
0 |
0 |
0 |
0 |
|
REGIO |
1 |
0 |
1 |
1 |
0 |
|
RTD |
17 |
45 |
32 |
228 |
275 |
|
SANTE |
34 |
107 |
93 |
476 |
678 |
|
SG |
4* |
9 |
6 |
0 |
2 |
|
TAXUD |
26 |
37 |
32 |
18 |
26 |
|
TRADE |
14 |
25 |
13 |
32 |
73 |
|
TOTAL: |
322 |
590 |
514 |
944 |
1469 |
* meetings/written procedure of the appeal committee
There were 514 meetings in 2020, less than in 2019 (590). However, there were 1469 written procedures, an increase of approximately 50% compared to 2019. This very sharp increase in written procedures in 2020 is explained by the fact that from March 2020 onwards, it became impossible to hold meetings physically due to the outbreak of the pandemic COVID-19 and subsequent restrictions. As a result, meetings were held virtually to discuss the draft implementing acts, then followed by a written procedure for the vote of the committee. This way of working was followed because the written procedure provides the most stable and certain framework for the casting and counting of votes, and therefore it has been used in the majority of cases and votes have only taken place in a meeting in a small number of cases due to the urgency.
2.3.Number of opinions and implementing acts/measures
As always, this report provides overall figures on the formal opinions delivered by the committees and the subsequent implementing acts adopted by the Commission 15 , quantifying the tangible ‘output’ of the committees (Table IV).
TABLE IV — Number of opinions and implementing acts adopted
|
Commission department |
Opinions 16 |
Implementing Acts
|
EP resolutions (art. 11) |
||
|
2019 |
2020 |
2019 |
2020 |
2020 |
|
|
AGRI |
111 |
102 |
111 |
100 |
0 |
|
BUDG |
4 |
3 |
3 |
3 |
0 |
|
CLIMA |
7 |
10 |
7 |
6 |
0 |
|
CNECT |
21 |
28 |
23 |
23 |
0 |
|
DEFIS |
9 |
8 |
4 |
7 |
0 |
|
INTPA/ DEVCO |
61 |
58 |
59 |
58 |
0 |
|
DIGIT |
1 |
1 |
1 |
1 |
0 |
|
EAC |
8 |
3 |
6 |
3 |
0 |
|
ECFIN |
0 |
10 |
0 |
10 |
0 |
|
ECHO |
10 |
8 |
8 |
7 |
0 |
|
EMPL |
7 |
3 |
3 |
2 |
0 |
|
ENER |
12 |
5 |
4 |
1 |
0 |
|
ENV |
26 |
19 |
21 |
11 |
0 |
|
ESTAT |
10 |
12 |
6 |
12 |
0 |
|
FISMA |
28 |
11 |
17 |
12 |
0 |
|
FPI |
2 |
3 |
1 |
1 |
0 |
|
GROW |
69 |
61 |
38 |
44 |
0 |
|
HOME |
66 |
69 |
21 |
11 |
0 |
|
JUST |
7 |
3 |
2 |
2 |
0 |
|
MARE |
10 |
15 |
6 |
16 |
0 |
|
MOVE |
62 |
59 |
62 |
59 |
0 |
|
NEAR |
58 |
66 |
58 |
65 |
0 |
|
OLAF |
0 |
0 |
0 |
0 |
0 |
|
REGIO |
1 |
0 |
5 |
0 |
0 |
|
RTD |
228 |
275 |
158 |
191 |
0 |
|
SANTE |
762 |
749 |
733 |
748 |
9 |
|
SG* |
20 |
1 |
18 |
1 |
0 |
|
TAXUD |
61 |
56 |
58 |
54 |
0 |
|
TRADE |
68 |
80 |
68 |
81 |
0 |
|
TOTAL: |
1729 |
1718 |
1501 |
1529 |
9 |
* Including opinions delivered by the appeal committee. However, adopted acts are counted only for the service resposnible for drafting them.
The committees delivered 1718 opinions in 2020, slightly less than in 2019 (1729). At 1529, the number of implementing acts adopted following a committee procedure was slightly higher than in 2019 (1501).
The European Parliament and the Council have a right of scrutiny under Article 11 of the Comitology Regulation. In 2020, the European Parliament adopted 9 resolutions on the basis of Article 11 of the Comitology Regulation, while the Council did not adopt any. All 9 resolutions of the European Parliament referred to acts coming from DG SANTE.
2.4.Meetings of the appeal committee
The appeal committee met 5 times during 2020, and discussed 11 draft implementing acts the Commission referred to it. The appeal committee delivered no opinion in 10 cases and a positive opinion in 1 of them 17 . The Commission decided to adopt 5 implementing acts following no opinion in 2020.
TABLE V — activity of the appeal committee
|
Commission department |
Number of meetings of the appeal committee |
Number of opinions of the appeal committee |
Number of acts adopted following an opinion of the appeal committee |
|
2020 |
2020 |
2020 |
|
|
MOVE |
1 |
1 |
1 |
|
SANTE |
3 18 |
9 |
3 19 |
|
TRADE |
1 |
1 |
1 |
|
TOTAL: |
5 |
11 |
5 |
2.5.Use of the regulatory procedure with scrutiny
The Comitology Regulation maintained the effects of the regulatory procedure with scrutiny because existing basic acts refer to it 20 . This procedure can no longer be used in new legislation, but it still appears in many existing basic acts and will continue to apply under those acts until the respective empowerments are aligned to empowerments for delegated or implementing acts. In 2020, 29 measures were adopted according to the regulatory procedure with scrutiny (see Table V), significantly lower than in 2019 when that number stood at 88. The right to oppose was used 4 times in 2020 by the European Parliament and was not used by the Council. In 2019, the European Parliament had opposed once to a measure adopted according to the regulatory procedure with scrutiny, and the Council had not used this right.
TABLE V — Number of measures adopted according to the regulatory procedure with scrutiny
|
Commission department |
Regulatory procedure with scrutiny - measures
|
European Parliament opposed adoption of draft measures |
Council opposed adoption of draft measures |
|
AGRI |
0 |
0 |
0 |
|
BUDG |
0 |
0 |
0 |
|
CLIMA |
0 |
0 |
0 |
|
CNECT |
0 |
0 |
0 |
|
DEFIS |
0 |
0 |
0 |
|
INTPA/ DEVCO |
0 |
0 |
0 |
|
DIGIT |
0 |
0 |
0 |
|
EAC |
0 |
0 |
0 |
|
ECFIN |
0 |
0 |
0 |
|
ECHO |
0 |
0 |
0 |
|
EMPL |
1 |
0 |
0 |
|
ENER |
0 |
0 |
0 |
|
ENV |
5 |
0 |
0 |
|
ESTAT |
0 |
0 |
0 |
|
FISMA |
4 |
0 |
0 |
|
FPI |
0 |
0 |
0 |
|
GROW |
15 |
1 |
0 |
|
HOME |
0 |
0 |
0 |
|
JUST |
0 |
0 |
0 |
|
MARE |
0 |
0 |
0 |
|
MOVE |
1 |
0 |
0 |
|
NEAR |
0 |
0 |
0 |
|
OLAF |
0 |
0 |
0 |
|
REGIO |
0 |
0 |
0 |
|
RTD |
0 |
0 |
0 |
|
SANTE |
29 |
3 |
0 |
|
SG |
0 |
0 |
0 |
|
TAXUD |
0 |
0 |
0 |
|
TRADE |
0 |
0 |
0 |
|
TOTAL: |
55 |
4 |
0 |
3.Detailed information on the activities of the committees
The staff working document accompanying this report provides detailed information about the work of the individual committees in 2020.
4.Conclusion
The 2020 activity of the committees continued at levels comparable to previous years, with a notable increase in the number of written procedures in the context of the COVID-19 pandemic: there were 322 active committees, who held 514 meetings, carried out 1469 written procedures and delivered 1718 opinions.
The European Parliament and the Council are invited to take note of this report.