According to Article 290 of the Treaty on the Functioning of the European Union (TFEU), the European Commission implements legislation at Community level. In particular, each legislative act specifies the scope of the implementing powers assigned to the Commission by the Council of the European Union. In this context, the Treaty provides for the Commission to be assisted by a committee, under a procedure called “comitology”.
The term 'comitology' therefore sums up the system whereby the Commission exercises the implementing powers conferred on it by the European Union legislator, with the assistance of committees of representatives of the Member States.
The committees are discussion forums composed of representatives of the Member States and chaired by Commission officials, which enable the Commission to engage in dialogue with national administrations before adopting implementing measures. In this way, the Commission ensures that these measures are as well adapted as possible to the reality of each country. Most committees meet several times a year (usually in Brussels).
“Comitology” has been regulated, since 1 March 2011, by Regulation (EU) 182/2011 of the European Parliament and of the Council, which establishes the rules and general principles relating to the modalities of control by the Member States of the exercise of implementing powers by the Commission.
In the case of Spain, the Autonomous Communities have gradually increased their participation, which currently reaches more than a hundred of the Committees of the European Commission. This participation takes place as part of the Spanish delegation to these committees and provided that the following requirements are met:
- The competences of the Autonomous Communities on the matters dealt with in the different committees.
- The express will of a significant number of Autonomous Communities or the existence of a specific interest that advises participation in the corresponding committees.
- The availability of personnel with adequate technical training to participate in the meetings of the committees and who maintain a functional or employment relationship with a regional administration.
The attendance of the official or technician designated by the Autonomous Community at the meetings of a certain committee will take place on behalf of the Autonomous Communities as a whole.