Durchführungsbestimmungen

Durchführungsbeschluss, or implementing decision, is a category of European Union legal act used to ensure the uniform application of Union law across member states. It is adopted by the European Commission under the Treaties, most notably pursuant to Article 291 TFEU, and is part of the system of implementing acts that provide the specific rules necessary to implement EU legislation.

The implementing decision lays down detailed rules, procedures, or technical specifications that member states must follow to implement directives or regulations. Unlike delegated acts, which authorize the Commission to amend non-essential elements of legislation, implementing decisions specify uniform, procedural, or technical arrangements so that the law operates consistently throughout the EU. The decision is binding in its entirety on all member states and does not typically require national transposition.

Procedurally, implementing decisions are prepared within the comitology framework established by Regulation 182/2011. A committee of representatives from member states reviews the Commission’s proposal, and the outcome—whether a positive opinion, non-objection, or veto—guides the adoption of the decision. The Commission may adopt the act by a vote or, in some procedures, by written procedure, depending on the committee outcome and applicable rules.

The scope of a Durchführungsbeschluss includes licensing, market access, technical standards, or procedural steps necessary to implement EU law, rather than policy changes themselves. It is subject to judicial review by national and EU courts, ensuring compliance with the Treaties and fundamental rights. It serves to achieve uniform application and predictable administration across the European Union.