1999/468/EC: Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
Date: 1999-06-28
Institutions: Council of the European Union
Subjects: European Commission, capacity to exercise rights, executive competence, powers of the institutions (EU)

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 June 1999

laying down the procedures for the exercise of implementing powers conferred on the Commis-
sion (*)

(1999/468/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular the third indent of Article 202
thereof,

Having regard to the proposal from the Commission (1),

(6)

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

in the instruments which it adopts, the Council has to
confer on the Commission powers for the implementa-
lays down; the
tion of the rules which the Council
Council may impose certain requirements in respect of
the exercise of these powers; it may also reserve to itself
the right, in specific and substantiated cases, to exercise
directly implementing powers;

the Council adopted Decision 87/373/EEC of 13 July
1987 laying down the procedures for the exercise of
implementing powers conferred on the Commission (3);
that Decision has provided for a limited number of
procedures for the exercise of such powers;

the
declaration No 31 annexed to the Final Act of
Intergovernmental Conference which adopted
the
Amsterdam Treaty calls on the Commission to submit to
the Council a proposal amending Decision 87/373/EEC;

for reasons of clarity, rather than amending Decision
87/373/EEC, it has been considered more appropriate to
replace that Decision by a new Decision and, therefore,
to repeal Decision 87/373/EEC;

the first purpose of this Decision is, with a view to
achieving greater consistency and predictability in the
choice of type of committee, to provide for criteria

(*) Three statements in the Council minutes relating to this Decision

are set out in OJ C 203 of 17 June, page 1.

(1) OJ C 279, 8.9.1998, p. 5.
(2) Opinion delivered on 6 May 1999 (not yet published in the Official

Journal).

(3) OJ L 197, 18.7.1987, p. 33.

(7)

(8)

(9)

relating to the choice of committee procedures, it being
understood that such criteria are of a non-binding
nature;

in this regard, the management procedure should be
followed as regards management measures such as those
relating to the application of the common agricultural
and common fisheries policies or to the implementation
of programmes with substantial budgetary implications;
such management measures should be taken by the
Commission by a procedure ensuring decision-making
within suitable periods; however, where non-urgent
measures are referred to the Council, the Commission
should exercise its discretion to defer application of the
measures;

the regulatory procedure should be followed as regards
measures of general scope designed to apply essential
provisions of basic instruments,
including measures
concerning the protection of the health or safety of
humans, animals or plants, as well as measures designed
to adapt or update certain non-essential provisions of a
basic instrument; such implementing measures should
be adopted by an effective procedure which complies in
full with the Commission’s right of initiative in legis-
lative matters;

the advisory procedure should be followed in any case in
which it is considered to be the most appropriate; the
advisory procedure will continue to be used in those
cases where it currently applies;

the second purpose of this Decision is to simplify the
requirements for the exercise of implementing powers
conferred on the Commission as well as to improve the
involvement of the European Parliament in those cases
where the basic instrument conferring implementation

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powers on the Commission was adopted in accordance
with the procedure laid down in Article 251 of the
Treaty; it has been accordingly considered appropriate to
reduce the number of procedures as well as to adjust
them in line with the respective powers of the institu-
tions involved and notably to give the European Parlia-
ment an opportunity to have its views taken into consid-
eration by, respectively, the Commission or the Council
in cases where it considers that, respectively, a draft
measure submitted to a committee or a proposal
submitted to the Council under the regulatory procedure
exceeds the implementing powers provided for in the
basic instrument;

the third purpose of this Decision is to improve in-
formation to the European Parliament by providing that
the Commission should inform it on a regular basis of
committee proceedings,
the Commission should
that
transmit to it documents related to activities of commit-
tees and inform it whenever the Commission transmits
to the Council measures or proposals for measures to be
taken;

the fourth purpose of this Decision is to improve in-
formation to the public concerning committee proced-
ures and therefore to make applicable to committees the
principles and conditions on public access to documents
applicable to the Commission, to provide for a list of all
committees which assist the Commission in the exercise
of implementing powers and for an annual report on the
working of committees to be published as well as to
provide for all
references to documents related to
committees which have been transmitted to the Euro-
pean Parliament to be made public in a register;

(10)

(11)

(12)

the specific committee procedures created for the imple-
mentation of the common commercial policy and the
competition rules laid down by the Treaties that are not
currently based upon Decision 87/373/EEC are not in
any way affected by this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

Other than in specific and substantiated cases where the basic
instrument reserves to the Council the right to exercise directly
certain implementing powers itself, such powers shall be
conferred on the Commission in accordance with the relevant
provisions in the basic instrument. These provisions shall stipu-
late the essential elements of the powers thus conferred.

specific procedural
Where the basic instrument
requirements for the adoption of implementing measures, such
requirements shall be in conformity with the procedures
provided for by Articles 3, 4, 5 and 6.

imposes

Article 2

The choice of procedural methods for the adoption of imple-
menting measures shall be guided by the following criteria:

(a) management measures,

those relating to the
such as
application of the common agricultural and common fish-
eries policies, or to the implementation of programmes
with substantial budgetary implications, should be adopted
by use of the management procedure;

instruments,

(b) measures of general scope designed to apply essential
including measures
provisions of basic
concerning the protection of
the health or safety of
humans, animals or plants, should be adopted by use of the
regulatory procedure; where a basic instrument stipulates
that certain non-essential provisions of the instrument may
be adapted or updated by way of implementing procedures,
such measures should be adopted by use of the regulatory
procedure;

(c) without prejudice to points (a) and (b), the advisory pro-
cedure shall be used in any case in which it is considered to
be the most appropriate.

Article 3

Advisory procedure

1.
The Commission shall be assisted by an advisory
committee composed of the representatives of the Member
States and chaired by the representative of the Commission.

2.
The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft, within a time-limit which
the chairman may lay down according to the urgency of the
matter,

if necessary by taking a vote.

3.
The opinion shall be recorded in the minutes; in addition,
each Member State shall have the right to ask to have its
position recorded in the minutes.

The Commission shall take the utmost account of the
4.
inform the
opinion delivered by the committee.
committee of the manner in which the opinion has been taken
into account.

It shall

Article 4

Management procedure

1.
The Commission shall be assisted by a management
committee composed of the representatives of the Member
States and chaired by the representative of the Commission.

2.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft within a time-limit which
the chairman may lay down according to the urgency of the
matter. The opinion shall be delivered by the majority laid
down in Article 205(2) of the 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
States within the committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

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The Commission shall, without prejudice to Article 8,
3.
adopt measures which shall apply immediately. However,
if
these measures are not in accordance with the opinion of the
committee, they shall be communicated by the Commission to
the Council forthwith. In that event, the Commission may defer
application of the measures which it has decided on for a
period to be laid down in each basic instrument but which
shall in no case exceed three months from the date of such
communication.

4.
The Council, acting by qualified majority, may take a
different decision within the period provided for by paragraph
3.

Article 5

Regulatory procedure

1.
The Commission shall be assisted by a regulatory
committee composed of the representatives of the Member
States and chaired by the representative of the Commission.

2.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft within a time-limit which
the chairman may lay down according to the urgency of the
matter. The opinion shall be delivered by the majority laid
down in Article 205(2) of the 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
States within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

3.
The Commission shall, without prejudice to Article 8,
adopt the measures envisaged if they are in accordance with
the opinion of the committee.

4.
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 relating to the measures to be taken and shall inform
the European Parliament.

If

5.
the European Parliament considers that a proposal
submitted by the Commission pursuant to a basic instrument
adopted in accordance with the procedure laid down in Article
251 of the Treaty exceeds the implementing powers provided
for in that basic instrument, it shall inform the Council of its
position.

6.
The Council may, where appropriate in view of any such
position, act by qualified majority on the proposal, within a
period to be laid down in each basic instrument but which
shall in no case exceed three months from the date of referral
to the Council.

If within that period the Council has indicated by qualified
majority that it opposes the proposal, the Commission shall
It may submit an amended proposal to the
re-examine it.
Council, re-submit its proposal or present a legislative proposal
on the basis of the Treaty.

If on the expiry of that period the Council has neither adopted
the proposed implementing act nor indicated its opposition to

the proposal for implementing measures, the proposed imple-
menting act shall be adopted by the Commission.

Article 6

Safeguard procedure

The following procedure may be applied where the basic
instrument confers on the Commission the power to decide on
safeguard measures:

(a) the Commission shall notify the Council and the Member
States of any decision regarding safeguard measures. It may
be stipulated that before adopting its decision, the Commis-
sion shall consult the Member States in accordance with
procedures to be determined in each case;

(b) Any Member State may refer the Commission’s decision to
the Council within a time-limit to be determined within the
basic instrument in question;

(c) the Council, acting by a qualified majority, may take a
different decision within a time-limit to be determined in
the basic instrument in question. Alternatively, it may be
stipulated in the basic instrument that the Council, acting
by qualified majority, may confirm, amend or revoke the
decision adopted by the Commission and that,
the
Council has not taken a decision within the abovemen-
the Commission is
the decision of
tioned time-limit,
deemed to be revoked.

if

Article 7

1.
Each committee shall adopt its own rules of procedure on
the proposal of its chairman, on the basis of standard rules of
procedure which shall be published in the Official Journal of the
European Communities.

Insofar as necessary existing committees shall adapt their rules
of procedure to the standard rules of procedure.

The principles and conditions on public access to docu-
2.
ments applicable to the Commission shall apply to the
committees.

The European Parliament

3.
shall be informed by the
Commission of committee proceedings on a regular basis. To
that end, it shall receive agendas for committee meetings, draft
measures submitted to the committees for the implementation
instruments adopted by the procedure provided for by
of
Article 251 of
the Treaty, and the results of voting and
summary records of the meetings and lists of the authorities
and organisations to which the persons designated by the
Member States to represent them belong. The European Parlia-
ment shall also be kept informed whenever the Commission
transmits to the Council measures or proposals for measures to
be taken.

4.
The Commission shall, within six months of the date on
which this Decision takes effect, publish in the Official Journal of
the European Communities, a list of all committees which assist
the Commission in the exercise of implementing powers. This
list shall specify,
the basic
instrument(s) under which the committee is established. From
2000 onwards, the Commission shall also publish an annual
report on the working of committees.

in relation to each committee,

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The references of all documents sent to the European
5.
Parliament pursuant to paragraph 3 shall be made public in a
register to be set up by the Commission in 2001.

Resolution of the European Parliament and of its reasons for
doing so.

Article 8

If the European Parliament indicates, in a Resolution setting out
the grounds on which it is based, that draft implementing
measures, the adoption of which is contemplated and which
have been submitted to a committee pursuant to a basic instru-
ment adopted under Article 251 of the Treaty, would exceed
the implementing powers provided for in the basic instrument,
the Commission shall re-examine the draft measures. Taking
the Resolution into account and within the time-limits of the
procedure under way, the Commission may submit new draft
measures to the committee, continue with the procedure or
submit a proposal to the European Parliament and the Council
on the basis of the Treaty.

The Commission shall
inform the European Parliament and
the committee of the action which it intends to take on the

Article 9

Decision 87/373/EEC shall be repealed.

Article 10

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Communities.

Done at Luxembourg, 28 June 1999.

For the Council

The President

M. NAUMANN