Rules of Procedure of the Commission (C(1999) 4000)
Date: 1999-09-18
Institutions: European Commission
Subjects: European Commission, rules of procedure

25. 9. 1999

EN

Official Journal of the European Communities

L 252/41

II

(Acts whose publication is not obligatory)

COMMISSION

RULES OF PROCEDURE OF THE COMMISSION

(C(1999) 4000)

CONTENTS

CHAPTER I

THE COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 1

Article 2

Article 3

Article 4

Section I

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Section II

Article 12

Article 13

Section III

Article 14

Article 15

Article 16

Collegiate nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Priorities and work programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision-making procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commission meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Convening of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Majority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance of officials or other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other decision-making procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Written procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation and implementation of Commission decisions . . . . . . . . . . . . . . . . . . .

Personal staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authentication of Commission instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II

COMMISSION DEPARTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 17

Article 18

Article 19

Departmental structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interdepartmental cooperation and coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

43

43

43

43

43

43

43

43

43

43

44

44

44

44

44

44

44

44

44

45

45

45

45

45

L 252/42

EN

Official Journal of the European Communities

25. 9. 1999

CHAPTER III

DEPUTISING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 20

Article 21

Article 22

Deputising for the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deputising for the Secretary-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deputising for superiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 23

Article 24

Article 25

Article 26

Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal of the previous rules of procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication in the Official Journal of the European Communities . . . . . . . . . . . . . . . . . . . . . . .

45

45

45

46

46

46

46

46

46

-

25. 9. 1999

EN

Official Journal of the European Communities

L 252/43

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Section I

Having regard to the Treaty establishing the European Coal and
Steel Community, and in particular Article 16 thereof,

Having regard to the Treaty establishing the European
Community, and in particular Article 218(2) thereof,

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular, Article 131 thereof,

Having regard to the Treaty on the European Union, and in
particular Articles 28(1) and 41(1) thereof,

HAS ADOPTED THESE RULES OF PROCEDURE:

CHAPTER I

THE COMMISSION

Article 1

The Commission shall act collectively in accordance with these
Rules and in compliance with the political guidelines laid down
by the President.

Article 2

In compliance with the political guidelines laid down by the
President, the Commission shall establish its priorities and each
year adopt its work programme.

Article 3

The President may assign to Members of the Commission
special fields of activity with regard to which they are specif-
ically responsible for the preparation of Commission work and
the implementation of its decisions. He may also change these
assignments at any time.

The President may set up working groups of Members of the
Commission, whose chairpersons he will designate.

The President shall represent the Commission. He shall desig-
nate the Members of the Commission to assist him in this task.

Article 4

Commission decisions shall be taken:

(a) at meetings;

or

(b) by written procedure in accordance with Article 12;

or

(c) by delegation in accordance with Article 13.

Commission meetings

Article 5

Meetings of
President.

the Commission shall be convened by the

The Commission shall, as a general rule, meet at least once a
week. It shall hold additional meetings whenever necessary.

Members of the Commission shall be required to attend all
meetings. The President shall judge whether Members may be
released from this requirement in certain circumstances.

Article 6

The President shall adopt the agenda of each meeting, taking
into account in particular the work programme provided for in
Article 2.

Without prejudice to the prerogative of the President to adopt
involving significant expenditure
the agenda, any proposal
must be presented in agreement with the Member of
the
Commission responsible for the budget.

If a Member of the Commission proposes the inclusion of an
item on the agenda, the President shall, save in exceptional
circumstances, be given nine days' notice.

The agenda and the necessary working documents shall be
circulated to the Members of the Commission within the time
limit and in the working languages prescribed by the Commis-
sion in accordance with Article 23.

Where a Member of the Commission requests that an item be
withdrawn from the agenda, the item shall, provided the Pres-
ident agrees, be held over for the next meeting.

The Commission may, on a proposal
from the President,
discuss any question which is not on the agenda or for which
the necessary working documents have been distributed late. It
may decide by majority vote not to discuss an item on the
agenda.

Article 7

The number of Members present required to constitute a
quorum shall be equal to a majority of the number of Members
specified in the Treaty.

Article 8

The Commission shall take decisions on the basis of proposals
from one or more of its Members.

A vote shall be taken if any Member so requests. The vote may
be on a proposal as originally made or as amended by the
Member or Members responsible or by the President.

Commission decisions shall be adopted if a majority of the
number of Members specified in the Treaty vote in favour. This
majority shall be required irrespective of the tenor and nature
of the decision.

L 252/44

EN

Official Journal of the European Communities

25. 9. 1999

Article 9

Article 13

Meetings of the Commission shall not be public. Discussions
shall be confidential.

Article 10

Save as otherwise decided by the Commission, the Secretary-
General shall attend meetings. Attendance of other persons
shall be determined in accordance with the rules to give effect
to these Rules of Procedure.

In the absence of a member of the Commission, his Chef de
cabinet may attend the meeting and, at the invitation of the
President, state the views of the absent Member.

The Commission may decide to hear any other person.

Article 11

Minutes shall be taken of all meetings of the Commission.

The draft minutes shall be submitted to the Commission for
approval at a subsequent meeting. The approved minutes shall
be authenticated by the signatures of the President and the
Secretary-General.

The Commission may, provided the principle of collective
responsibility is fully respected, empower one or more of its
Members to take, on its behalf and under its responsibility,
clearly defined management or
administrative measures,
including instruments preparatory to a decision to be taken by
the Commission at a later time.

its
The Commission may also instruct one or more of
Members, with the agreement of the President, to adopt the
definitive text of any instrument as defined in the first para-
graph, or of any proposal to be presented to the other institu-
tions the substance of which has already been determined in
discussion.

Decisions adopted by delegation procedure shall be recorded in
a day note which shall be recorded in the minutes of the next
Commission meeting.

Powers conferred in this way may be subdelegated only as
expressly provided in the enabling decision.

The provisions of the first, second and third paragraphs shall
be without prejudice to the rules concerning delegation in
respect of financial matters or the powers conferred on the
appointing authority and the authority empowered to conclude
contracts of employment.

Section III

Section II

Preparation and implementation of Commission decisions

Other decision-making procedures

Article 14

Article 12

The agreement of the Commission to a proposal by one or
more of its Members may be obtained by means of a written
procedure, provided the Directorates-General directly involved
are in agreement and the proposal has been endorsed by the
Legal Service.

For this purpose, the text of the proposal shall be circulated in
writing to all members of the Commission in the languages
prescribed by the Commission in accordance with Article 23,
with a time limit within which members must make known
any reservations or amendments they wish to make.

Any Member of the Commission may, in the course of the
written procedure, request that the proposal be discussed. He
shall send a reasoned request to that effect to the President.

A proposal on which no Member of the Commission has made
a reservation and maintained it up to the time limit set for a
written procedure shall stand adopted by the Commission.
Proposals adopted shall be recorded in a day note which shall
be recorded in the minutes of the next meeting.

Members of the Commission may each appoint personal staff
to assist them in their work and in preparing Commission
decisions.

A member of the Commission to whom an area of respons-
ibility is assigned shall give instructions to the relevant depart-
ments.

Article 15

The Secretary-General shall assist the President in preparing the
proceedings and meetings of the Commission. He shall also
assist the chairperson of the working groups set up under the
second paragraph of Article 3.

He shall ensure that decision-making procedures are properly
implemented and that effect is given to the decisions referred
to in Article 4.

He shall ensure the necessary coordination between depart-
ments in the preparatory stages and shall see that the rules for
submission of documents are complied with.

25. 9. 1999

EN

Official Journal of the European Communities

L 252/45

He shall take the necessary steps to ensure that Commission
instruments are officially notified to those concerned and are
published in the Official Journal of the European Communities and
that documents of the Commission and its departments are
transmitted to the other
the European
Communities.

institutions of

He shall be responsible for official relations with the other
institutions of the European Communities, subject to any de-
cisions by the Commission to exercise any function itself or to
assign it to its Members or departments. He shall monitor the
proceedings of
the European
Communities and keep the Commission informed.

institutions of

the other

Article 16

Instruments adopted by the Commission in the course of a
meeting shall be attached,
in the authentic language or
languages, in such a way that they cannot be separated, to a
summary note prepared at the end of the meeting at which
they were adopted. They shall be authenticated by the signa-
tures of the President and the Secretary-General on the last
page of the summary note.

Instruments adopted by written procedure shall be attached in
the authentic language or languages, in such a way that they
cannot be separated, to the day note referred to in Article 12.
These instruments shall be authenticated by the signature of
the Secretary-General on the last page of the day note.

Instruments adopted by delegation procedure shall be attached
in the authentic language or languages, in such a way that they
cannot be separated, to the day note referred to in Article 13.
They shall be authenticated by the signature of the Secretary-
General on the last page of the day note.

these Rules,

For the purposes of
‘instruments’ means any
instrument as referred to in Article 14 of the ECSC Treaty,
Article 249 of the EC Treaty and Article 161 of the Euratom
Treaty.

For the purposes of these Rules, ‘authentic language or langua-
ges’ means the official languages of the Communities in the
case of instruments of general application and the language or
languages of those to whom they are addressed in other cases.

The Directorates-General and equivalent departments shall
normally be divided into directorates, and directorates into
units.

Article 18

The Commission may, in special cases, set up temporary struc-
tures to deal with particular matters and shall determine their
responsibilities and method of operation.

Article 19

In order to ensure the effectiveness of Commission action,
departments shall work in close cooperation and in coordi-
implementation of
nated fashion in the preparation or
Commission decisions.

in sufficient

responsible shall,

Before submitting a document to the Commission, the depart-
time, consult other
ments
departments which are associated or concerned by virtue of
their powers or responsibilities or the nature of the subject, and
shall inform the Secretariat-General where it is not consulted.
The Legal Service shall be consulted on all drafts or proposals
for legal instruments and on all documents which may have
legal implications. The Directorates-General responsible for the
budgets, personnel and administration shall be consulted on all
documents which may have implications concerning the
budget and finances or personnel and administration re-
spectively. The Directorate-General responsible for financial
likewise be consulted, as need be.
control shall

responsible shall endeavour

The department
to frame a
proposal that has the agreement of the departments consulted.
In the event of a disagreement it shall append to its proposal
the differing views expressed by these departments, without
prejudice to Article 12.

CHAPTER III

DEPUTISING

Article 20

CHAPTER II

COMMISSION DEPARTMENTS

Article 17

If the President is prevented from exercising his functions, they
shall be exercised by one of the Vice-Presidents or Members
chosen in the order laid down by the Commission.

Article 21

A number of Directorates-General and equivalent departments
forming a single administrative service shall assist the Commis-
sion in the performance of its tasks.

Where the Secretary-General is prevented from exercising his
functions, they shall be exercised by the Deputy Secretary-
General or, where this is not possible, by an official designated
by the Commission.

L 252/46

EN

Official Journal of the European Communities

25. 9. 1999

Article 22

Article 24

Where a Director-General
is prevented from exercising his
functions, they shall be exercised by the most senior Deputy
Director-General present, and in the event of equal seniority, by
the one who is eldest, or, where this position does not exist, by
an official designated by the Commission. If no such replace-
ment is designated, the most senior subordinate present in the
highest category and grade shall deputize, and in the event of
equal seniority, the one who is eldest.

A Deputy Head of Unit, where the position exists, shall depu-
tize for the Head of Unit.

Where any other superior is prevented from exercising his
duties, the Director-General shall designate an official in agree-
ment with the Member of the Commission responsible. If no
replacement is designated, the most senior subordinate present
in the highest category and grade shall deputize, and in the
event of equal seniority, the one who is eldest.

FINAL PROVISIONS

Article 23

The Commission shall, as necessary,
effect to these Rules of Procedure.

lay down rules to give

The Rules of Procedure of 17 February 1993, as amended by
Decision 95/148/EC, Euratom, ECSC, are repealed.

Article 25

These Rules of Procedure shall enter
September 1999.

into force on 18

Article 26

These Rules of Procedure shall be published in the Official
Journal of the European Communities.

Done at Brussels, 18 September 1999.

For the Commission

The President

Romano PRODI