Implementing powers

Implementing powers of the Council of the European Union

Under Article 202, introduced into the Treaty establishing the European Community by the 1986 Single European Act, ‘The Council confers on the Commission powers for the implementation of the rules it lays down. It may impose certain requirements in respect of the exercise of those powers. In specific cases, it may reserve the right to exercise implementing powers directly.’

Therefore, even though general practice involves the delegation of implementing powers to the Commission, the Council remains the holder of executive power and reserves the right to exercise that power.

The delegation of implementing powers to the Commission is subject to a complex system of intervention by committees consisting of representatives of Member States (‘commitology’). The procedures were laid down by the Council Decision of 28 June 1999.

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