Brussels' countermoves

Duties, EU retaliation to the US will take place in 'comitology': this is what it is

The Commission's implementing powers are subject to control by the national governments through the committees

by Redaction Rome

4 April 2025

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Key points

What is comitology
The procedure
Examination procedure
... and the advisory one
Committee sketch
Appeals Committee
Control by the Council and the European Parliament
Committee document register

3' min read

Within hours of Trump's decision to hit with 20% tariffs, the European Union announced countermeasures. "There are countermeasures coming in response to the duties on aluminium and steel announced on 12 March by the Trump administration: the decision will take place in comitology, and the countries will be called to vote on 9 April," EU sources explained, pointing out that following the vote - by qualified majority - the first counterduties may come into force on 15 April, followed by a second tranche of measures on 15 May. "We were ready on 12 March, we are ready now. There are still consultations going on, then we will proceed,' the same sources reiterated, pointing out that 'the retaliation will reflect the input received from the national governments'.

What is comitology

"Comitology", or comitology, or comitology procedure, applies when the Commission has been given implementing powers in a legal text. It is envisaged that the Commission will be assisted by a committee to define the measures contained in the resulting implementing act. The comitology procedure is not mandatory for all implementing acts (the Commission may adopt some of them without consulting a committee, e.g. for the allocation of subsidies below a certain amount).

The procedure

When the Commission adopts implementing acts, two possibilities arise. The first: examination procedure, which applies in particular to measures of general scope and measures with a potentially substantial impact (e.g. in the field of taxation or agricultural policy). The second: advisory procedure, which generally applies in other cases. Both procedures require a committee composed of representatives from all EU countries to give a formal opinion, usually in the form of a vote, on the measures proposed by the Commission. Depending on the procedure, the opinion may be more or less binding on the Commission.

The examination procedure

If a qualified majority (55% of the Member States representing at least 65% of the total EU population) votes in favour of the proposed implementing act, the Commission must adopt the act. If there is a qualified majority voting against the proposed act, the Commission may not adopt the act. If there is no qualified majority either for or against the proposed act, the Commission may adopt it or submit a new amended version.

... and the consultative one

In this case, the Commission is free to decide whether or not to adopt the act, but must still 'take the utmost account' of the committee's opinion.

The sketch of the committees

Committees are set up by the legislator (Council and European Parliament or Council alone). They comprise one representative of each Member State and are chaired by a Commission official. Each committee establishes its own operating procedures, taking the standard rules of procedure for committees as a model. The Commission services submit draft implementing acts to the committees for their opinion. Most committees meet several times a year at Commission headquarters (usually in Brussels). Before each meeting, the Commission sends the invitation, the agenda and the draft implementing act to the national authorities. After the meeting, the Commission publishes the result of the vote and the summary record of the meeting in the register of committee documents. The Commission publishes an annual report on the work of the committees detailing their activities in each policy area.

Appeals Committee

If the Commission cannot adopt the implementing act it has proposed (in particular because the committee has delivered a negative opinion), it can refer the case to the appeal committee. The appeal committee functions similarly to the other committees: it is composed of representatives of the member countries, but at a higher level of representation. It is chaired by the Commission and follows the same voting rules. It gives the EU countries the opportunity to have a second discussion. If the appeal committee delivers a negative opinion on the implementing act proposed by the Commission, the Commission must respect this decision.

Control by the Council and the European Parliament

The Commission's implementing powers, in addition to being subject to control by national governments through the committees, are also subject to further control by the European Parliament and the Council of the EU, which have a: right of information (all implementing provisions discussed in the committees are simultaneously forwarded to the Parliament and the Council); right of scrutiny (if the Commission's actions relate to a legislative act adopted under the ordinary legislative procedure, the European Parliament and/or the Council may oppose the proposed implementing act if it exceeds the powers of the Commission as defined in the original act. The Commission is then obliged to re-examine the act it has proposed taking into account the position of the other institutions; it will then decide whether to maintain, amend or withdraw it.

The Register of Committee Documents

The register of committee documents contains a list of all committees set up to apply the comitology procedure, as well as information and documents relating to the work of each of them.