Modus vivendi of 20 December 1994 between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty
Date: 1994-12-20
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: Council of the European Union, European Commission, European Parliament, application of EU law













EUR-Lex - 31995Y1108(01) - EN






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31995Y1108(01)

Modus vivendi of 20 December 1994 between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty  


Official Journal C 293 , 08/11/1995 P. 0001 - 0002 





MODUS VIVENDIof 20  December 1994 between the European Parliament, the Council and the Commission concerning the  implementing measures for acts adopted in accordance with the procedure laid down in Article 189b  of the EC Treaty(95/C  293/01)1. These guidelines are intended to overcome the  difficulties which have arisen in the adoption of acts in accordance with the procedure laid down  in Article 189b of the EC Treaty for reasons connected with the question of committee procedure. 2. They in no way prejudice the positions of principle expressed by the three institutions. 3. The three institutions note that the question of the implementing measures for acts adopted in  accordance with the procedure laid down in Article 189b of the EC Treaty, when the adoption of such  measures is entrusted to the Commission, will be examined in the course of the revision of the  Treaties planned for 1996, at the request of the European Parliament, the Commission and several  Member States. The Reflection Group will be invited to examine the question. 4. The appropriate committee of the European Parliament shall be sent, at the same time and under  the same conditions as the committee referred to in the basic act, any draft general implementing  act submitted by the Commission and the timetable for it. The Commission shall notify the appropriate European Parliament committee if a specific measure  needs to be adopted urgently and shall also notify it of any other possible difficulty. The  appropriate European Parliament committee shall undertake to use urgent procedure where necessary. The Commission shall inform the appropriate European Parliament committee when measures adopted or  envisaged by the Commission are not in accordance with the opinion delivered by the committee  referred to in the basic act or when, in the absence of an opinion, the Commission must submit a  proposal to the Council regarding a measure to be taken. 5. The Council shall adopt a draft general implementing act which has been referred to it in  accordance with an implementing procedure only after- informing the European Parliament, setting a  reasonable time limit for obtaining its opinion, and- in the event of an unfavourable opinion,  taking due account of the European Parliament's point of view without delay, in order to seek a  solution in the appropriate framework. The act shall in any case be adopted by the deadlines laid down in the specific provisions of the  basic act. 6. In the context of this modus vivendi, the Commission shall take account as far as possible of  any comments by the European Parliament and shall keep it informed at every stage of the procedure  of the action which it intends to take on them, so as to enable the Parliament to assume its own  responsibilities in full knowledge of the facts. 7. This modus vivendi shall apply with effect from the date of its approval by the three  institutions. Done at Brussels on the twentieth day of December in the year one thousand nine hundred and  ninety-four. For the Council of the European UnionKlaus KINKELFor the European ParliamentNicole FONTAINEFor  the European CommissionJacques  DELORS