Definitions and tasks. A number of different factors must be taken into account in order to establish a working definition of regulatory agencies:
7.1 The “regulatory” concept
7.2 Tasks devolved on the agencies
a. adopting individual decisions which are legally binding on third parties;
b. providing direct assistance to the Commission and, where necessary, to the Member States in the interests of the Community, in the form of technical or scientific advice and/or inspection reports;
c. creating a network of national competent authorities and organising cooperation between them in the interests of the Community with a view to gathering, exchanging and comparing information and good practice. Each European regulatory agency will also be responsible for gathering, analysing and forwarding objective, reliable and easy-to-understand information concerning its area of activity.
Definitions and tasks. A number of different factors must be taken into account in order to establish a working definition of regulatory agencies:
7.1 THE “REGULATORY” CONCEPT A distinction must be made between “regulatory” activities and the adoption of legal rules or binding legal norms which are applicable across the board. Regulatory activities do not necessary involve the adoption of legal acts. They may also involve measures of a more incentive nature, such as co-regulation, self-regulation, recommendations, referral to the scientific authority, networking and pooling good practice, evaluating the application and implementation of rules, etc. It therefore follows that a European “regulatory” agency does not necessarily have the power to enact binding legal norms.
7.2 TASKS DEVOLVED ON THE AGENCIES In keeping with the regulatory concept defined above, these agencies may be assigned one or more of the following tasks:
a. adopting individual decisions which are legally binding on third parties;
b. providing direct assistance to the Commission and, where necessary, to the Member States in the interests of the Community, in the form of technical or scientific advice and/or inspection reports;
c. creating a network of national competent authorities and organising cooperation between them in the interests of the Community with a view to gathering, exchanging and comparing information and good practice. Each European regulatory agency will also be responsible for gathering, analysing and forwarding objective, reliable and easy-to-understand information concerning its area of activity.
