Skip to content
RGPD

Article 39

Committee procedure

1.   The Commission shall be assisted by a 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 5 of Regulation (EU) No 182/2011 shall apply.

3.   Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a committee member so requests.

Common Questions

Frequently Asked Questions

What is the committee mentioned in the NIS2 directive?
The committee mentioned is a group created to support the European Commission in making decisions relating to cybersecurity under the NIS2 directive, following specific EU rules outlined in Regulation (EU) No 182/2011, and usually includes experts from different EU countries to provide advice and input before important cybersecurity regulations are approved.
What happens if the committee uses a written procedure and someone disagrees?
If the committee uses a written procedure to make a decision and one member disagrees or the chair decides it isn't effective, the written procedure is stopped without making any final decision, meaning the committee must then meet and discuss the issue directly to reach an agreement.
What does Regulation (EU) No 182/2011 mentioned in NIS2 refer to?
Regulation (EU) No 182/2011 sets the rules about how EU committees help the European Commission make decisions by establishing clear procedures, including the way committees give their opinions, vote on proposals, and handle cases where disagreements occur among members or when members request further review.
Who decides to end a written committee procedure without result?
The chair of the committee or any single committee member has the power to request ending a written procedure without reaching any result, ensuring that important decisions aren’t finalized unless every member feels comfortable and has properly considered and discussed the issue in direct committee interactions.
← Article 38 Article 40 →