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 has been published in the Official Journal. It repeals Decision 1999/468/EC (the old ‘Comitology Decision’). There are now two comitology procedures – the advisory procedure and the examination procedure. The advisory procedure is the same as in the old Comitology Decision. The examination procedure replaces the management and regulatory procedures. The examination committee can approve or reject the implementing measure with qualified majority (the same voting rules as in the Council apply). In case no decision is taken, depending on the subject matter of the implementing measure, the Commission can either adopt the measure or submit it to an appeal committee, where new, final voting takes place.
All the legal and institutional issues on delegated lawmaking and the new comitology regime are reviewed in my new paper for the EUSA conference.