The Commission has the 'right of initiative' – it can propose new laws to protect the interests of the EU and its citizens. It does this only on issues that cannot be dealt with effectively at national, regional or local level (subsidiarity principle).The Commission drafts and implements EU legislation.

Before the Commission proposes new initiatives it assesses the potential economic, social and environmental consequences that they may have. It does this by preparing 'Impact assessments' which set out the advantages and disadvantages of possible policy options. The Commission also consults interested parties such as non-governmental organisations, local authorities and representatives of industry and civil society. Groups of experts give advice on technical issues. In this way, the Commission ensures that legislative proposals correspond to the needs of those most concerned and avoids unnecessary red tape. Citizens, businesses and organisations can participate in the consultation procedure via the website Public consultations.

National parliaments can formally express their reservations if they feel that it would be better to deal with an issue at national rather than EU level.

This diagram is a simplifying schema of the major pathway for the proposal process in the marine sector.