Proposal for a Council Regulation adapting the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted under the assent procedure
Date: 2001-12-27
Institutions: European Commission
Subjects: European Commission, advisory committee (EU), power of implementation, powers of the institutions (EU)

26.3.2002

EN

Official Journal of the European Communities

C 75 E/383

Proposal for a Council Regulation adapting the provisions relating to committees which assist the
Commission in the exercise of its implementing powers laid down in Council instruments adopted
under the assent procedure

(2002/C 75 E/29)

COM(2001) 789 final (cid:151) 2001/0313(AVC)

(Submitted by the Commission on 27 December 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 161 thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

87/373/EEC should therefore be replaced by provisions
referring to the advisory procedure laid down in Article
3 of Decision 1999/468/EC.

(6) The provisions of the instruments providing for recourse to
type IIa and IIb committee procedures established by
Decision 87/373/EEC should be replaced by provisions
referring to the management procedure provided for in
Article 4 of Decision 1999/468/EC,

Having regard to the opinion of the Committee of Regions,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1) Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
repealed Decision

procedures
conferred on the Commission (1)
87/373/EEC (2).

the exercise of

for

relating

the Commission (3) on Decision 1999/468/EC,
to committees which assist

(2) In accordance with the joint statement of the Council and
the
of
the
provisions
Commission in the exercise of its implementing powers,
provided for
in application of Decision 87/373/EEC,
should be adapted in order to bring them into line with
the provisions of Articles 3, 4 and 5 of Decision
1999/468/EC.

(3) The aforesaid statement indicates the methods for adapting
the committee procedures, which is automatic provided
the committee
this does not affect
that
provided for in the basic act.

the nature of

(4) The time limits set in the provisions to be adapted must
remain in force. Wherever there is no specific time limit
laid down for adopting the implementing measures, the
time limit should be set at three months.

With regard to the advisory procedure, the instrument referred
to in the annex is amended in accordance with Annex I.

Article 2

With regard to the management procedure,
the instrument
referred to in the annex is amended in accordance with
Annex II.

Article 3

References to provisions of the instruments in the annexes are
understood to be references to these provisions as amended by
this Regulation.

Article 4

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Communities.

(5) The provisions of the instruments providing for recourse to
the type I committee procedure established by Decision

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 197, 18.7.1987, p. 33.
(3) OJ C 203, 17.7.1999, p. 1.

C 75 E/384

EN

Official Journal of the European Communities

26.3.2002

ANNEX I

ADVISORY PROCEDURE

Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds
(OJ L 161, 26.6.1999, p. 1).

Article 47(2) is replaced by the following:

(cid:145)2. Where the Committees mentioned in paragraph 1(a), (c) and (d) are acting as Consultative Committees
pursuant to Articles 48, 50 and 51 respectively, the procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 thereof.(cid:146)

ANNEX II

MANAGEMENT PROCEDURE

Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds
(OJ L 161, 26.6.1999, p. 1).

Article 47(3) is replaced by the following:

(cid:145)3. Where the Committees mentioned in paragraph 1(a), (c) and (d) are acting as Management Committees
pursuant to Articles 48, 50 and 51 respectively, the procedure laid down in Article 4 of Decision 1999/468/EC
shall apply, in compliance with Article 7 thereof. The period provided for in Article 4(3) of Decision 1999/468/EC
shall be one month.(cid:146)