What are the Agency’s opinion and advice?
Opinions and advices are non-legally binding acts of the Agency. They do not represent the view of other EU institutions and bodies, and are without prejudice to the decision-making processes foreseen by the applicable EU legislation.
Who can request an opinion/advice from the Agency?
- Only the European Commission can request a technical advice from the Agency “in matters requiring specific knowledge” under Article 41 of the Agency Regulation.
- The European Commission and the national regulatory bodies under Article 55 of Directive 2012/34/EU are given the possibility in the Agency Regulation to request the Agency for an opinion on the subject matters identified in the Agency Regulation.
The Agency may issue opinions which constitute acceptable means of compliance concerning deficiencies in TSIs, in accordance with Article 6(2) of Directive (EU) 2016/797, and provide those opinions to the Commission. It may also at the request of the Commission, issue opinions to it regarding requests by Member States for non-application of TSIs, in accordance with Article 7 of Directive (EU) 2016/797. There are other cases where the Agency can issue opinions, particularly in the frame of its examination of draft national rules and of existing national rules (Articles 25 and 26 of the Agency Regulation). But the latter follow other procedures for requesting opinions from the Agency.
In which case can these organizations request an opinion/advice from the Agency?
The table summarizing all the options for which the Agency can issue an opinion/advice is here.
How to request an opinion or advice from the Agency?
The European Commission or one or more national regulatory bodies, as the case may be, should send a request to email@example.com
. The request form
may facilitate the request to the Agency. Before sending the request, please consult the relevant articles of the Agency Regulation.
How to have access to the Agency’s opinions/advice?
Opinions issued under Article 10 of the Agency Regulation are published within one month on the Agency’s website from which all commercially confidential material has been removed.
Other opinions and advices are made available following an assessment based on Regulation (EC) 1049/2001 and the Arrangements to be applied by the Agency for public access to documents.
Below you may find the list of the Opinions and Advices the Agency has issued so far.