In this piece, I look at the grounds for the successful challenge and look to provide more background.
Grounds: legal and Commission stepping into Member States’ competence.
Everything below is based on publically available sources. It’s just a time-consuming process.
The development of the files shows a lack of political deft touch by the Commission Services. To see so much work thrown away shows that the Commission’s internal scrutiny system is wanting.
An indication that pushing delegated acts adoption through quickly and without taking on board concerns is dangerous.
Whilst most objections are grounded in solid legal or procedural concerns, the lack of grounds to challenge a delegated acts has been used on some occasions.
Any Council format can formalise the objection with a decision.
There is a short window of opportunity to bring about the challenge.
The EP is likened to ask for a partial re-assessment and not a total veto
Council – Successful Challenges
Case 1: supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the deployment and operational use of cooperative intelligent transport systems (link)
Grounds: Legal (see link)and technological
- 8 July 2019: Council – Employment and Social Policy – back objection (link)
- 13 July 2019: Deadline to object (2+2)
- 4 July 2019: CORPRER discuss. Chair identifies a QMV in support of the objection
- 26 June 2019: Intermodal Transport Working Party discuss DA in the light of the opinion4 prepared by the Council Legal Service. Seven delegations express intention to object. Four delegations express support.
- 13 May 2019: Scrutiny period extended by two months by Council of the EU
- 8 May 2019: Presidency asks for two months extension
- 3 May 2019: Intermodal Transport Working Party discuss
- 17 April 2019: Motion for a resolution tabled by the TRAN Committee rejected by Plenary (link)Votes: 270 for, 304 against, 30 abstentions (link)
- 8 April 2019: TRAN Committee Resolution adopted by Committee (link)grounds: procedural (transmitted just before the recess (f)) and technological (d) (link), Roll Call Vote: 16 for, 11 against, and 4 abstentions (link)
- 5 April 2019: Intermodal Transport Working Party discuss – 4 countries plus others ask for Council Legal Service Opinion
- 3 April 2019: Deadline for delegations to raise objections – 4 comments received
- 3 March 2019: Commission submit delegated act to Council and European Parliament
- 13 March 2019: Impact Assessment published and Executive Summary
- 13 March 2019: Delegated act adopted
- 8 February 2019: public consultation ends – 100 submissions
- 11 January 2019: 4-week draft delegated act public consultation starts
- 9 February 2018: Stakeholder Consultation
- 12 January 2018: Public Consultation ends
- December 2018: RICARDO Study ends10 October 2018: RSB issue opinion on Impact Assessment (Positive with Reservations)
- 12 October 2017: 2ndmeeting of the Expert Group for Preparation of the delegated act
- 10 October 2017: Public Consultation starts (13 weeks)
- September 2017: Contract to RICARDO issued to provide a support study for IA
- 23 May 2017: First Meeting of the Expert Group for Preparation of a delegated act
- 20 March 2017: New delegated act planned
- 30 November 2016: Commission Communication announce delegated act by 2018 (link)
- 7 July 2010: Directive 2010/40/EU published in OJ (link)
Case 2: 6 June 2019: measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure – Council (link)
Grounds: Legal concerns, (no conflict with Chicago Convention) substantive: Commission stepping into Member States’ competence and sets a precedent for other international fora.
18 July 2019: Commission adopt a new delegated act taking into account reservations rasied by Member States
6 June 2019: Justice and Home Affairs Council agree to objection without debate, adopted as an A Point. 24 Member States sign the statement.
29 May 2019: COREPER confirm t decision to object to the measure
23 May 2019: Scrutiny phase extended 1 month
15 May: COREPER discuss file – 18 Member States (QMV) sign statement expressing
8 May 2019: Working Party on the Environment discuss file
15 April 2019: Agriculture and Fisheries Council adopt a decision to extend scrutiny by an extra month
11 April 2019: COREPER supports the call for 1 more month
4 April 2019: Working Party on the Environment discuss the measure and ask for 1 more month
6 March 2019: Delegated act adopted
26 December 2018: Public Consultation ends
27 November 2018: 4 weeks Public Consultation starts (link)
27 November 2018: Draft Delegated act
13 July 2018: Meeting of the Climate Change Expert Group
13 November 2017: New delegated act planned
Case 3: 7 March 2019: supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies (link)
Grounds: Political sensitivity, lack of consultation with the Member States, lack of consultation with third countries
7 March 2019: Justice and Home Affairs (JHA) Council object (28 Member States)
6 March 2019: COREPER back position to object
13 March 2019: Deadline for EP and Council to object (extension by 1 month)
28 February 2019: 27 Member States announce that they will object to the proposal
13 February 2019: Delegated act adopted
7 February 2019: Expert Group provide further feedback
5 February 2019: Expert Group discuss the draft delegated act
28 January 2019: Commission consults Expert Group by Written procedure (ends 1 February 2019)
23 January 2019: Commission inform third countries of inclusion
15 November 2018: Commission publishes results (link)
29 October 2018: Written Procedure for Expert Group of the first group of countries
15 September 2018: Expert Group endorse Commission approach
June 2018: Last meeting of Expert Group
30 May 2018: European Parliament and Council adopt Directive (EU) 2018/843,
30 June 2017: Road Map
December 2017: Start of Expert Group consulted on approach, methodology and assessment criteria
Case 4: 7 November 2014: on the transmission format for research and development expenditure data, as referred to in Regulation (EU) No 549/2013 of the European Parliament and of the Council on the European System of national and regional accounts in the European Union (link)
07 November 2014: Council adopt objection
12 August 2014: Delegated act adopted
Case 5: 9 December 2013: Galileo (link)
Grounds: Legal, sovereigntyu
5 January 2014: Deadline for objection (as extended)
9 December 2013: Council adopt objection (link)
29 November 2013: 25 Member States support objection
27 November 2013: Information Written Procedure launched for the Member States
27 November 2013: Working Party on Intermodal Questions and Network meet. 14 Member States indicate opposition to the delegated act
5 November 2013: Deadline for objection (initial) objection
19 September: EP extends the deadline by two months for objection to 5 January
06 September 2013: Delegated act adopted
European Parliament Successful Challenges
Case 6: 27 March 2019: amending Annex II to Regulation (EU) No 516/2014 of the European Parliament and of the Council establishing the Asylum, Migration and Integration Fund (link)
Case 7: 27 March 2019: amending Annex II to Regulation (EU) No 515/2014 of the European Parliament and of the Council establishing as part of the Internal Security Fund, the instrument for financial support for external borders and visa (link)
Grounds: Legal and political
28 March 2019: Resolution adopted (link)
20 March 2019: Civil Liberties Committee Motion for Resolution adopted
14 December 2018: Delegated act adopted
24 September 2018: Draft delegated act
Case 8: 14 June 2018: amending Delegated Regulation (EU) 2017/118 establishing fisheries conservation measures for the protection of the marine environment in the North Sea (link)
Case 9: 17 May 2017: amending Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council, as regards deleting Guyana from the table in point I of the Annex and adding Ethiopia to that table (link)
Case 10: 19 January 2017: amending Commission Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 by identifying high-risk third countries with strategic deficiencies (link)
19 January 2017: Resolution adoption. 393 for, 67 against, 210 abstenstions.
Case 11: 14 September 2016: on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (link)
Case 12: 20 January 2016: supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for processed cereal-based food and baby food (link)
Case 13: 20 May 2015: amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in illumination and display lighting applications (link)
Grounds: Manifest error of fact, requestassessment
20 May 2015: Objection adopted, 618 for, 33 against, 28 abstentions
13 May 2015: Objectors: Eickhout, Taylor (Greens/ALE), Groote, Sârbu, Poc, Dance, Melior, Guteland (S&D Group), Konečná (GUE)
30 January 2015: Delegated act adopted
Case 14: 20 May 2015: regards the obligation to present a licence for imports of ethyl alcohol of agricultural origin and repealing Regulation (EC) No 2336/2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (link)
Grounds: Political
20 May 2015: European Parliament objection adopted (link) 486 for, 164 against, and 26 abstenstions
7 May 2015: Michel Dantin, Eric Andrieu, José Bové, Martin Häusling on behalf of the Committee on Agriculture and Rural Development table objection
20 February 2015: Delegated act adopted
Case 15: 15 January 2014: on the provision of food information to consumers as regards the definition of ‘engineered nanomaterials (link)
Grounds: Legal – exceeds delegated powers and not compatiable with the aim and content of the enabling legislation
12 April 2014: Deadline for objections
19 March 2014: COREPER decided not to object. No QMV to object.
12 March 2014: Objection adopted (link) 402 for, 258 against, and 14 abstentions.
28 February 2014: Council Working Party discuss the objection
19 February 2014: Council Working Party discuss the objection
12 February 2014: Environment Committee adopts resolution: 31 for, 26 against and 2 abstentions
5 February: Motion for a Resolution tabled by Carl Schlyter, Åsa Westlund, Kartika Tamara Liotard, Christa Klaß, Sirpa Pietikäinen, Frédérique Ries
3 February: Environment Committee indicate intention to raise objection
22 January 2014: COREPER support extension
17 January 2014: Council Working Party on Foodstuffs discuss and ask for a 2-month extension
20 December 2013: Corrigendum published correcting the error
19 December 2013: Delegated act published in OJ (by accident)
12 December 2013: EP and Council receive delegated act – 2 months (extendable by 2 months)
12 December 2013: Delegated act adopted
10 November 2013: Deadline for feedback from WTO
11 September 2013: Commission notifies WTO of draft delegated Regulation
6 September 2013: Inter-Service Consultation ends
26 July 2013: Draft delegated act in inter-service consultation
24 May 2013: Commission Expert Group discuss the draft definition
22 May 2013: Working Group within the Advisory Group on the Food Chain and Animal and Plant Health discuss the definition