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Vol. 1983/0035 
  
 
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Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION  OF THE  EUROPEAN  COMMUNITIES 
C0M(83) 116 final 
Brussels,  1st March 1983 
INSTITUTIONAL  IMPLICATIONS  OF ENLARGEMENT  : 
MORE FLEXIBILITY  IN DECISION-MAKING 
(Communication from  the Commission  to the  Council) 
C0M(83) 116 final 

COMMUNICATION  FROM THE COMMISSION TO THE  COUNCIL 
INSTITUTIONAL  IMPLICATIONS  OF ENLARGEMENT  : 
MORE FLEXIBILITY  IN DECISION-MAKING 
1. Introduction 
The Commission  made the point in the  Freœo  that enlargement 
meant it would be necessary  to streamline the functioning of the 
Community  Institutions, in order to  compensate  for the complication 
of decision-making  by the  fact that the new accessions  would 
bring the  Member  States to  double  their  original  number  and 
at the same time lessen the  degree  of homogeneity. 
Accordingly the  gist of the Fresco was  firstly  that there 
should be decision by  qualified  majority in certain  cases where 
the Treaties at present require  unanimity,  and secondly  that 
powers of management  and implementation  should as a rule be 
exercised by the  Commission. 
The Commission  put forward  the same ideas following the 
discussions  which  culminated  in the  communication  to the 
European  Council of  12 November  1982 on enlargement  (COM(82)?57  fin.). 
This communication  seeks  to flesh  out those  ideas,  making  such 
changes  with regard to  their scope  and conditions of  implementation 
as are suggested  by institutional  developments  and experience  since 
1978. 

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2. Treaty provisions  where  unanimity  would be superseded  by  
qualified  majority 
In the case of some  Treaty provisions insistence  on unanimity 
would not, or  would no longer,  appear  to be  justified,  either 
because  their implementation  is well advanced  or because  similar  Treaty 
provisions  provide  for decision  by qualified  majority,  or even 
straight  majority. 
The unwarranted  complication  of proceedings  by these 
anomalies  would be really  insupportable with  the original 
Community  of the Six  enlarged  to twelve,  and the  provisions 
concerned  should therefore  be adjusted  to allow of decision  by 
qualified  majority. 
(a) The EEC  Treaty  articles  in question  are : 
Article  28 EEC  (autonomous  alteration  or suspension  of 
customs  duties).  It is  illogical  to insist on unanimity 
here when similar  agricultural  policy  (Article  43 EEC) 
and commercial  policy  (Article  113 EEC)  measures  can be 
adopted  by qualified  majority; 

3 
• . Article  51 EEC (coordination  of social  security  for migrant 
workers).  The Community is now  furnished with  a social-
security  armoury  and Community  acts in thi6 field are more 
in the nature of management of an  existing  policy.  Moreover, 
insistence  on unanimity  is clearly  excessive given that 
coordination  of migrant  workers'  social  security  forms  part 
of free movement of  workers,  which can under  Article  ^9 EEC 
be effected  by straight  majority decision; 
. Article  126(b)  EEC (new  tasks of the  Social  Fund).  Article 
126(a) allows  the Fund's  tasks to be  reduced  by qualified 
majority,  so it is  illogical  to require unanimity  to extend 
them, particularly  as they come anyhow  within  the terms 
of reference  laid down in  Article  123 EEC; 
. Article  209 EEC (financial  and accounting regulations). 
This concerns  rules for the  implementation  of the  Treaty and 
the own resources provisions.  Now by the  terms of the  Treaty 
the material  Budget  decisions  are taken by qualified  majority 
(Article  203 EEC), and the own  resources provisions  are 
anyhow exceedingly  specific.  In addition, other procedural 
rules can pursuant  to the  Treaties  be adopted  by qualified 
majority  (e.g.  Regulations  on competition,  Articles  87 and 
9^ EEC). 
(b) The ECSC  articles  in question  are: 
. Article  5^(2) ECSC (financing  of installations  for increasing 
production, reducing production costs,  &c.). It is  hard to 
see why unanimity should  be required,  as similar  action  can 
be taken  (Articles  5^(17,  55(27 and  56(1) ECSC)by  the 
Commission  alone or with majority Council assent; 

. Article  72 ECSC (fixing  of minimum  and maximum  rates of 
customs  duty).  Community  customs  policy  is now so far 
advanced  that there  seems no justification  for retaining  a 
more cumbrous  decision-making process  on matters of the  same" nature 
and parallel  content  in the  limited  ECSC  field; 
. Article  78(h) ECSC  (financial  regulations).  Same  problem 
as with  Article  209 EEC. 
(c) The Euratom  provisions  in question  are: 
. Article  7 Euratom  (joint  programmes).  This  provision  relates 
substantively  to the  management  of a common  policy:  under 
the EEC Treaty  management  of common  policies  is by 
qualified  majority  decision; 
. Article  183 Euratom  (financial  regulations).  Same  problem 
as with  Article  209 EEC 
3. Provisions v/here  qualified  majority  decision  would be allowed  
if the act was in  line with the Commission's  proposal  and the  
Parliament's opinion 
These are a few  provisions  of extreme  importance  to the 
attainment  of the  integration  sought  by the  Treaties,  viz. 
Article 57(2) EEC,  Article  99 EEC and  Article  100 EEC. 
Experience  has shown that their implementation  is very 
frequently  blocked  by insistence  on unanimity.  At present,  a very Large 
number of proposals  for directives  based on one or  other of those three  articles 
are languishing before  the Council,  where they frequently lie  for years.  To avoid 
results  reflecting  only the lowest common  denominator,  or 
else total impasse,  it is  vital in a Community  of Twelve to 
forgo the unanimity requirement. 
The aim of  affording  the Member  States  sufficient  safeguards 
can be achieved  by having the Parliament—now  directly  elected  and 
hence vested with  full democratic legitimacy—assume  the safeguarding 
functions  hitherto  performed  by the  unanimity requirement. 

5 
In the fields covered by the three articles the object would 
thus be to provide  that  the Council could decide by qualified majority 
where the decision to be taken was consonant both  with  the proposal 
from the Commission and  with  the opinion of the Parliament given 
by a majority of its Members. 
The procedure would then normally be as follows: the Council discussion 
having indicated  that  a qualified majority could be mustered on an 
amended proposal, the Commission would make the amendment and 
the Parliament, consulted once more, would by a majority of its 
Members give an opinion in favour of the proposal so amended. 
The Parliament's opinion being in line  with  the Commission's 
proposal  would have the effect of unblocking the proceedings by 
making possible a Council decision by qualified majority. 
As it is a  matter  of bringing the decision-making procedures 
into line  with  the needs of an enlarged Community, by assigning  to-the 
Parliament a function rendering unblocking possible, the adjustments 
to the Treaties could be based on Article 237 EEC, and the corresponding 
provisions  in the other Treaties. 
k. Remodelling of Article 235 EEC and the corresponding provisions in  
the other Treaties 
With  respect to Articles 235 EEC and 203 Euratom 
unanimity should in principle be retained: the agreement of all 
the members of the Council must remain essential for new powers of 
action to be assigned to the Community. 
But as President Thorn said in the recent Commission Programme 
Address  to the Parliament some injection of flexibility into the 
decision-making  process could be envisaged in certain  cases. 
Where the Community has already determined the main thrust of a 
new policy in a particular sector, such as the environment, the 
Council  should be able to decide, unanimously  after  consulting the 
Parliament,  that  the basic acts to be adopted in  that  sector  will 
be agreed by qualified majority  after  consultation of the Parliament. 

6 
Thus  having by the normal procedure under Article 235 EEC 
(or the corresponding provisions in the other Treaties) adopted 
a "critical mass" of basic acts in a given sector the Council 
would by the same procedure  take  a decision doing away  with 
the unanimity requirement in  future  in that  sector. A similar 
idea underlies Article 8 EEC  (transitiona-U  period), which in para 5 
allows curtailment of stages by unanimous Council decision. 
A similar procedure would be applied mutatis mutandis in relation 
to article 95 para. 1  ECSC. 
5. Remodelling of Article  155  **th  indent EEC and/corresponding  
provision  in the  Euratom  Treaty 
Article  155  ^th indent EEC and Article  12^  *+th  indent  Euratom 
also  need, in view of the overload on the  Council,  to be remodelled 
to provide  that  the Commission shall exercise the powers of 
implementation unless the Council decides otherwise. 
The propriety of this line (which was taken in the Fresco) 
has never been disputed (see inter alia para  8 of the Summit 
Communiqué  of December  19?^  and pp.  *+6ff.  of the Three Wise Men's 
Report of  1979)· 
However, it would need to be spelt out  that: 
(i) the procedures and conditions for the Commission's exercise of 
the powers concerned might be determined by the Council case by 
case  ; 
(ii) as adumbrated in the Three Wise Men's Report, the Council in 
determining these procedures and conditions must choose 
from an exhaustive list of arrangements set out in an 
annex to the Treaties (e.g. no committee, advisory committee, 
management/rules committee, safeguard committee), thus 
avoiding  both undue proliferation of different types of 
committee and the delays necessarily involved in establishing 
such  arrangements; 
(iii) the Council might in specific cases reserve the right to exeVcise 
some  of the powers concerned direct. 

7 
6. Formulation  of the  above suggestions into  articles  for  
incorporation  into the Accession Treaty 
The above  suggestions  might be formulated into Accession 
Treaty articles  on the  lines instanced  in Annex I. 
7. Conclusion 
The Commission  considers, further-to its  communication  of 12 November  1982, 
that the following adjustments should  be made to the  Treaties  in consequence  of 
enlargement,  pursuant  to Articles  237, para.  2, EEC, 98  ECSC and 205, para.  2 
EURATOM, on the accession  of Spain and Portugal  : 
(i) in Articles  28, 51,  126(b)  and 209 EEC, and in  Articles  52(2), 
72 and 78(h)  ECSC and 7 and 183  Euratom,  the requirement  of 
unanimity  to be  replaced  by the  requirement  of qualified 
majority; 
(ii) in the  case of acts on the  basis of Articles  57(2),  99 and 
100 EEC,  qualified  majority decision  to be  allowable  where 
the act was in  line with the Commission's  proposal  and the 
Parliament  by a majority  of its Members  gave an opinion  in 
favour; 
(iii) Articles  235 EEC. aqd^Q^  EURATOM to  provide  that' 
where the main thrust  <a>f a new policy had already  been 
determined  the Council, acting  unanimously  after consulting  the 
Parliament,  might  decide to go  over to qualified  majority voting, 
coupled with consultation  of the  Parliament, for  the adoption 
of future basic acts;  a similar procedure  to be  applied mutatis  mutandis 
in relation  to Article 95, para. 1, ECSC; 
(iv) Articles  155 *+th indent EEC and 12*t kth  indent  Euratom  to 
provide that  as a rule the Commission  had power to management 
and implement  the rules laid down by the  Council,  but that 
the Council  might  determine case  by case the procedures  and 
conditions  for the  exercise  of that power,  selecting from 
a set number of committee  arrangements,  and might also in 
specific  cases reserve  the right to exercise parts  of that 
power direct. 

ANNEX 1 
Provisions  for the  Adjustment  of the  Treaties 
(a) "In EEC  Articles  28, 51,  126(b)  and 209 and ECSC  Articles  54, 
second paragraph,  72 and 78h and EAEC  Articles  78 first paragraph 
and 183, the word  'unanimously'  shall be replaced  by' by &  qualified 
majority'." 
(b) "In EEC  Article  57(2) the  following  shall be inserted before  the 
last sentence: 
'In these matters  the Council  shall however act by a  qualified 
majority  where the  directive  corresponds  to a Commission  proposal 
and where the  Assembly,  acting  by a majority  of the  msmbers  of which 
it is composed, has  delivered  a favourable opinion  on such proposal'." 
(c) "In EEC  Article  99 a third paragraph  shall be added,  reading  as 
follows: 
'However, the  Council  shall act by a  qualified  majority  where the 
measure  corresponds to  the Commission  proposal  and where the  Assembly, 
acting by a majority  of the  members  of which it is composed, has 
delivered  a favourable opinion  on such proposal'." 
(d) "In EEC  Article  100, second paragraph,  the following  shall bo added: 
'Such directives shall  he adopted  by a qualified  majority  where the 
measure  corresponds  tothe Commission  proposal  and where the  Assembly, 
acting by a majority  of the  members  of which it is composed, has 
delivered  a favourable  opinion on  such proposal'." 
(e) "In EEC  Article  235  anc* EAEC Article  203 a second  paragraph shall be 
added, reading  as follows : 
'However, the  Council  ahall act by a  qualified  majority  on. a proposal 
from the Commission  and after consulting  the Assembly  in fields 
determined  by it in  accordance with  the procedure  provided  for in the 
preceding  paragraph'  ." 
(f) "In ECSC  Article  95, first paragraph,  the following  sentence  shall be 
added: 
'In fields  previously  determined  in accordance with  the same procedure 
the assent  of the  Council  may be  given by a qualified  majority'." 

II 
(g) "EEC Article  155, fourth indent,  shall be replaced  by the 
following: 
'- exercise  implementing  powers in 
respect of the  rules laid down by the  Council. Subject 
to the provisions  of Artiole  205, "the Council may provide 
in such rules that decisions  are to be  taken in 
accordance  with one of the  procedures  given in Annex V 
to this Treaty and may  also in specifio  cases reserve the 
right to exercise  some of the  powers  directly' 
(h) "EAEC Article  124, fourth indent,  shall  be replaced  "by the 
following: 
exercise  implementing  powers in 
respect of tho  rules laid down by the  Council. Subject 
to the provisions  of Article  179» "the  Council may provide 
in such rules that decisions  are to be  taken in 
accordance  with one of the  procedures  given in Annex VI 
to this Treaty and may  also in specific  cases reserve the 
right to exercise  some of the  powers  directly'." 
This Annex is intended^  to contain standard  models for  committees. 
(See Annex II). 

ANNEX II 
ANNEX V TO THE EEC  TREATY 
ANNEX VI TO THE  EAEC TREATY 
Procedures  referred to in the fourth indent of  Article  155 EEC 
Procedures  referred to in the fourth indent of  Article  124 EAEC 
1. The "Consultative  Committee"  procedure 
"The Committee  set up by the  Commission  shall discuss  matters  on which 
the latter has requested an opinion. The  Commission  may, when seeking 
the opinion of the  Committee,  set a time limit within which such opinion 
Bhall be given. No  vote shall be taken. However,  any member  of the 
Committee  may demand  that his views bs set down in the minutes". 
2. The "Management  Committee"  procedure 
"The representative of the  Commission  Bhall submit  to the Committee  set 
up by the  Commission  and chaired by a respresentative of the  latter a 
draft of the measures  to be adopted„  The Committee  shall deliver  its 
Opinion on the  draft within a  time limit sat by the  Chairman  according 
to the urgency  of the matter.  An Opinion  sha.ll be delivered by the 
majority  laid down in Article  148 (2) of the EEC Treaty  ^Article  118 
(2) of the  EAEC Treaty__/ in the  case of decisions  which the Council is 
required to  adopt on a proposal  from the Commission.  The votes of the 
representatives of the  Member Statees within the  Committee  shall be 
weighted  in the manner  set out in  those Articles.  The Chairman  shall 
not -vote; 
The Commission  shall adopt measures  which shall apply immediately. 
However,  if these measures  are not in  accordance  i^ith the Opinion of 
the Committee,  they shall forthwith be  communicated  by the Commission 
to the Council. In that  event the Commission  may defer application of 
the measures  which it has adopted  for not more than £1.. .Jtvom  the 
date of such communication. 
The Council, acting by a  qualified  majority, may  take a different 
decision  within /T....JJ." 

- 2 -
3· The "Rules Committee"  procedure 
"The representative  of the  Commission  shall submit to the  Committee 
set up by the  Commission  and chaired  by a representative  of the  latter 
a draft of the  measures  to be adopted.  The Committee  Bhall deliver  its 
Opinion on the  draft within a time limit set by the  Chairman  according 
to the urgency  of the  matter.  An Opinion  shall be delivered  by the 
majority  laid down in  Article 148 (2) of the EEC  Treaty  ^Article  118 
(2) of the  EAEC Treaty_7"  in the  case of decisions  which the Council iB 
required  to adopt on a proposal  from the Commission.  The votes of the 
representatives  of the Member  States within  the Committee  shall be 
weighted  in the  manner set out in  those Articles.  The Chairman  shall 
not vote. 
The Commission  Bhall adopt the measures  envisaged  if they are in 
accordance  with the Opinion of the  Committee. 
If the measures  envisaged  are not in  accordance  with the Opinion of 
the Committee,  or if no Opinion  is delivered,  the Commission  shall 
without  delay submit to the  Council a proposal with regard  to the 
measures  to be adopted.  The Council  shall act by a  qualified  majority. 
If, within 0""J °^ "^e  proposal being  submitted  to it, the Council 
has not acted, the proposed  measures  shall be adopted  by the  Commission". 
4. The "Safeguard  Committee"  procedure 
"The representative  of the  Commission  shall, not later then 
Bubmit to the  Committee  set up by the  Commission  and chaired  by a 
representative  of the  latter a draft of the  measures  to be adopted. 
Discussion within  the Committee  shall take place within  a time limit 
set up by the  Chairman  according  to the  urgency  of the  matter. 
No vote shall be taken. However,  any member of the  Committee  may demand 
that his views be set down in the  minutes.  Within a period of C"">J 
following  discussions  in the  Committee,  the Commission  shall adopt a 
measure  which it shall communicate  to the Member  States and which shall 
apply after a period of during  this period no Member  State 
has referred  the matter to the  Council. 

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The Council  may, at the  request  of a Member  State and acting  by a 
qualified  majority, revise  the Commission's  decision. 
The Commission's  decision  shall apply after  a period of 
calculated  from the day on which the matter was  referred  to the  Council, 
if the latter has not  given a ruling  within  this period".