Article 93 GDPR - Committee procedure
Relevant Recitals
No relevant recitals listed.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 provides that the Commission is assisted by a committee within the meaning of Regulation (EU) No 182/2011, the general framework for Member State control of the Commission's implementing powers. The committee is composed of representatives of the Member States and gives them a formal role before implementing acts under the Regulation are adopted.
It applies wherever a provision of the Regulation refers to it, which triggers the examination procedure of Article 5 of Regulation (EU) No 182/2011. The most significant references include adequacy decisions under Article 45(3), their amendment or repeal under Article 45(5), standard contractual clauses under Articles 28(7) and 46(2)(c) and decisions on the general validity of codes of conduct under Article 40(9).
It makes available the urgency procedure of Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, allowing the Commission to adopt immediately applicable implementing acts. The Regulation invokes it in Article 45(5), so that an adequacy decision can be repealed, amended or suspended without delay on duly justified imperative grounds of urgency.
No. The committee under Regulation (EU) No 182/2011 is a body of Member State representatives chaired by the Commission, and it is distinct from the European Data Protection Board established by Article 68, which contributes through opinions and advice under Article 70 rather than through comitology votes.
The instrument determines who can stop a Commission measure. An implementing act under Article 93 can be blocked within the examination committee by the Member States, whereas a delegated act under Article 92 can be vetoed by the European Parliament or the Council, so the two procedures allocate political control differently.