Although the Commission has the right to take any initiative it considers appropriate to attain the objectives of the Treaties, most proposals are a response to legal obligations, technical requirements or to a specific request for action from another institution, a Member State or from the interested parties.
After the commission produces its proposal for an updated regime under the 2003 directove, or even a new directive, the Member States will be less able to steer the proccess. The earlier you put your input in, the bigger the final effect of your input.
I don't see anything wrong, it's all in the public eye. For instance, now we have a position by the UK government and in the future they could be challenged if they contradict themselves.
If you want to conclude that the EU is indeed run by bureaucrats, I won't stand in your way. Nothing is 'mere'. — Richard P. Feynman
OK, so let MSs contribute input to public consultations. It's still very far from the only influence they have. Take the "online poll" for the Energy Green paper, for example. If the only way Member States can have their say about an essential aspect of policy like energy is to go through that manipulative process, then...
No, don't let me reach a conclusion...
