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GET ACCESS NOWComitology refers to the procedure used by the commission in the exercise of its implementing powers delegated in a Union act pursuant to Article 291 TFEU.
In the exercise of its implementing powers under Article 291 TFEU, the Commission is assisted by the so called ‘comitology committees’ which are composed of representatives of the Member States and chaired by a representative of the Commission. Regulation (EU) 182/2011 introduced two different comitology procedures: the ‘examination’ and the ‘advisory’ procedure. According to the examination procedure (Article 5 of Reg. 182/2011), a committee is called upon for a binding opinion on a draft implementing act acting by qualified majority. If the committee delivers a positive opinion (a qualified majority of the committee votes in favour of the draft) the Commission can adopt the act. In case of a negative opinion (a qualified majority of the committee votes against the draft), the Commission cannot adopt the act, but can amend its proposal, or submit it to an appeal committee, where final voting takes place. Where the committee fails to deliver either a positive
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