Chapter 4|Delegated and Implementing Acts|📖 3 min read
1. The Commission shall be assisted by a committee ('the Digital Services Committee'). That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Understanding This Article
Article 88 establishes the Digital Services Committee as consultative body providing Member State expertise for Commission implementing acts adoption. Operating under Regulation (EU) No 182/2011 comitology framework standardizing EU committee procedures across policy areas, the Committee applies advisory procedure (Regulation 182/2011 Article 4) meaning Committee provides non-binding opinions on Commission implementing act proposals, Commission considers Committee views with appropriate weight but retains final decisional authority, and Commission may adopt implementing acts even if Committee opinion is negative or suggests modifications. This differs from examination procedure used in some EU legislation where Committee can effectively block implementing acts through negative opinion. Advisory procedure preserves Commission flexibility and regulatory agility essential for fast-evolving digital platform governance while benefiting from Member State technical input and political perspectives. Committee typically comprises national experts from Member State digital services regulatory authorities (often DSCs or their designated representatives), ministry officials responsible for digital policy, and technical specialists in platform regulation, consumer protection, and fundamental rights. Committee meetings provide forum for: reviewing draft implementing acts (e.g., Article 83 enforcement procedure rules, Article 85 AGORA operational specifications), discussing practical implementation challenges and cross-border coordination issues, sharing Member State enforcement experiences and best practices, identifying potential improvements enhancing implementing act workability, and raising political sensitivities specific Member States may have regarding certain provisions. Commission incorporates Committee suggestions when they improve technical quality, address legitimate concerns, or enhance cross-border interoperability without compromising regulatory objectives. Committee proceedings create institutional memory documenting Member State perspectives on implementing act development useful for future regulatory refinements.
Key Points
Commission assisted by Digital Services Committee for implementing acts adoption
Committee operates under Regulation (EU) No 182/2011 comitology framework
Advisory procedure per Regulation 182/2011 Article 4 applies to all implementing acts
Committee comprises representatives designated by each of 27 Member States
Provides expert technical input on Commission implementing act proposals
Committee opinions are non-binding - Commission considers but not bound by Committee views
Commission retains final decision-making authority distinguishing from examination procedure
Committee typically comprises national experts from Member State digital services regulatory authorities
Enables Member State expertise and political perspectives to inform implementing acts
Improves practical functionality and cross-border interoperability of implementing measures
Advisory procedure preserves Commission flexibility while benefiting from national input
Committee meetings enable discussion of implementation challenges and best practices
Facilitates coordination between Commission regulatory approach and national enforcement realities
Committee opinions documented and may influence subsequent implementing act modifications
Practical Application
Article 85 AGORA Implementing Acts Review: Commission prepares implementing acts defining AGORA information sharing system operational arrangements per Article 85(3). Draft implementing acts specify: technical architecture and security protocols, user authentication and role-based access controls, document classification and metadata standards, notification and workflow automation rules, reporting dashboard specifications, language support and translation integration, data retention and deletion policies, system availability and performance requirements. Commission submits draft to Digital Services Committee for advisory procedure review. Committee comprises 27 Member State representatives including Irish DSC officials (Ireland hosts many VLOP establishments), German Federal Network Agency experts (large user population), Estonian e-governance specialists (digital infrastructure expertise), French CNIL representatives (data protection perspectives). Committee meeting discussions: Irish representative notes draft access controls should accommodate varying national DSC organizational structures (some centralized, others distributed across multiple agencies), German representative suggests dashboard analytics should enable cross-platform comparative analysis helping DSCs identify systematic compliance patterns, Estonian representative recommends API integration specifications enabling automated data exchange with national regulatory databases, French representative raises data protection concerns about document retention periods requiring GDPR alignment. Commission evaluates suggestions: incorporates flexible access control configurations accommodating different DSC structures (Irish suggestion addressing practical implementation), adds comparative analytics dashboard requirements (German suggestion improving regulatory effectiveness), specifies API integration standards (Estonian suggestion enhancing interoperability), revises retention policies ensuring GDPR compliance (French suggestion addressing legal requirement). Committee votes: 23 Member States provide positive opinion, 3 abstain (technical concerns about implementation timelines), 1 negative (prefers alternative technical approach). Despite mixed opinion, Commission adopts implementing acts incorporating most Committee suggestions. Final implementing acts (Regulation 2024/607) reflect Committee input improving practical functionality while Commission retained decisional authority. Demonstrates advisory procedure value: Member State expertise improved implementing act quality, diverse national perspectives identified issues Commission hadn't considered, Committee input enhanced cross-border interoperability, Commission flexibility preserved enabling timely adoption. Committee continues monitoring AGORA implementation, providing feedback in subsequent meetings informing future modifications.