Article 5, Paragraph 4. · Regulation (EU) No 182/2011

Contents

4.Where no opinion is delivered, the Commission may adopt the draft implementing act, except in the cases provided for in the second subparagraph. Where the Commission does not adopt the draft implementing act, the chair may submit to the committee an amended version thereof.Without prejudice to Article 7, the Commission shall not adopt the draft implementing act where:

(a)that act concerns taxation, financial services, the protection of the health or safety of humans, animals or plants, or definitive multilateral safeguard measures;

(b)the basic act provides that the draft implementing act may not be adopted where no opinion is delivered; or

(c)a simple majority of the component members of the committee opposes it.

In any of the cases referred to in the second subparagraph, where an implementing act is deemed to be necessary, the chair may either submit an amended version of that act to the same committee within 2 months of the vote, or submit the draft implementing act within 1 month of the vote to the appeal committee for further deliberation.