1999/493/EC, ECSC, Euratom: Council Decision of 9 July 1999 on the composition of the Commission
Date: 1999-07-09
Institutions: Council of the European Union
Subjects: European Commission, European Commissioner

24. 7. 1999

EN

Official Journal of the European Communities

L 192/53

COUNCIL DECISION

of 9 July 1999

on the composition of the Commission

(1999/493/EC, ECSC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, (EC), and in particular Article 215 thereof,

Having regard to the Treaty establishing the European Coal and
Steel Community (ECSC), and in particular Article 12 thereof,

Having regard to the Treaty establishng the European Atomic
Energy Community (EAEC), and in particular Article 128
thereof,

(6)

Whereas:

the Commission of

By letter of 16 March 1999 Mr Jacques Santer, President
of
the European Communities,
informed Mr Gerhard Schr(cid:148)der, President of the Confer-
ence of the Representatives of the Governments of the
Member States of the European Union, of the decision
by the Member of the Commission to resign as a body
and to refer their appointment back to the Governments
of the Member States;

In their letter of resignation the President and Members
of the Commission declared that pursuant to the fourth
paragraph of Article 215 of the Treaty establishing the
European Community and the corresponding Articles of
the ECSC and EAEC Treaties they would discharge their
duties until they had been replaced in accordance with
the procedures laid down in the Treaties;

In a declaration of 22 March 1999 the Council stated
that although it considered that a new Commission
should be appointed as rapidly as possible, in compli-
ance with the procedures specified in the Treaty of
Amsterdam, it wished the Commission to continue to
discharge its duties until then as provided for in the
Treaties;

(7)

(8)

as members of the European Parliament; membership of
the European Parliament being incompatible with
membership of
the Commission, Mr Santer and Ms
Bonino had decided in favour of their parliamentary
mandates and wanted the procedure laid down in Article
215 of the EC Treaty to be completed by 19 July 1999,
the day before the inaugural session of the European
Parliament;

Under the third paragraph of Article 215 of the EC
Treaty and the corresponding Articles of the ECSC and
EAEC Treaties, in the event of resignation the President
of the Commission is replaced for the remainder of his
term of office, the procedure applicable for his replace-
ment being that laid down in Article 214(2) of the EC
Treaty; under the fourth paragraph of Article 215, save
in the case of compulsory retirement, Members of the
Commission remain in office until
they have been
replaced; under the second paragraph of Article 215, the
Council may, acting unanimously, decide that such a
vacancy need not be filled;

After the resignation which took place on 16 March
1999, the procedure laid down in Article 214(2) of the
EC Treaty for appointing the President and Members of
the future Commission was immediately put in hand;
the Heads of State or Government of the Member States
meeting in Berlin on 24 and 25 march 1999 chose Mr
Romano Prodi by common accord as their nominee for
President of
for
appointing the President and Members of Commission
to replace the resigning President and Members is under
way and should be completed in September 1999;

the Commission;

the procedure

In these circumstances, and in view of the foregoing,
note should be taken of the requests by Mr Santer, Mr
Bangemann and Ms Bonino to be relieved of their duties
at the Commission; it should be decided tha there is no
need to replace them pending appointment of the new
Commission,

the Commission,

By letter of 29 June 1999 Mr Martin Bangemann,
Member of
informed Mr Gerhard
Schr(cid:148)der, President of the Conference of the Representa-
tives of the Governments of the Member States of the
intended to
European Union,
discharge his duties within the Commission, and
expressed his intention of taking up a company appoint-
ment;

that he no longer

HAS DECIDED AS FOLLOWS:

Article 1

By letters of 6 July 1999 Mr Jacques Santer, President of
the Commission, and Ms Emma Bonino, Member of the
Commission, informed Mr Paavo Lipponen, President of
the Conference of the Representatives of the Govern-
ments of the Member States, that they had been elected

Note is hereby taken of the requests by Mr Jacques Santer, Mr
Martin Bangemann and Ms Emma Bonino to be relieved of
their duties at the Commission of the European Communities.
There will be no need to replace them.

(1)

(2)

(3)

(4)

(5)

L 192/54

EN

Official Journal of the European Communities

24. 7. 1999

Article 2

This Decision shall take effect on the date of its adoption with regard to Mr Bangemann and on 19 July
1999 with regard to Mr Santer and Ms Bonino.

It shall be communicated to Mr Santer, Mr Bangemann and Ms Bonino and to the Governments of the
Member States of the European Union.

This Decision shall be published in the Official Journal of the European Communities.

Article 3

Done at Brussels, 9 July 1999.

For the Council

The President

S. NIINIST(cid:153)