A new road map for CLP ATP – the shift to delegated acts

The updates of the CLP’s ATP will soon shift from RPS to Delegated Acts.  REACH will still sit under RPS and be supported by the REACH Committee. CARACAL will become the ‘Expert Group’ dealing with delegated acts.

The Commission submitted proposal a proposal to manage the transition on 28  June 2019.

I’ve tried to put it into a process chart (see below).

For ongoing files, in particular, the 14th ATP,  a follow-up consultation of the expert group will happen.

On 18 July 2019, documents will be transmitted to the European Parliament after the end of the recess period. 

The new regime will enter into force on 26 July 2019.

You can track the adoption of delegated acts via this useful link.

 

Points of contention

The Commission notes “Under the delegated acts procedure, the Commission’s preparation of draft texts under CLP will continue as before. They will be subject to publication by the Commission under the public feedback mechanism (unless they concern harmonised classification and labelling, as the public consultation takes place at the level of ECHA). They will also be discussed with Member States and stakeholders at the CARACAL meeting” (page 4).

This seems to be at odds with their current practice. For the 14th ATP, the Commission launched a public consultation (link) on 1 1 January 2019 that closed on 8 February 2019. It received 489 submissions.

The reason for this change is that on draft implementing acts, there is a 4-week feedback period.

If an Agency has already done this and the Commission is simply following the recommendations of the Agency,  then the COM does not have to repeat the 4-week feedback.

The same applies to draft delegated acts. For delegated acts, the lead Directorate-General must discuss the draft legal text with other Directorate-Generals before the adoption by the College.