Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1999/468/EC) ( OJ L 184, 17.7.1999, p. 23 , Decision as amended by Decision 2006/512/EC ( OJ L 200, 22.7.2006, p. 11 )) (Consolidated version)
Date: 2006-10-21
Institutions: Council of the European Union
Subjects: European Commission, capacity to exercise rights, comitology, consolidation of EU law, executive competence, power of implementation, powers of the institutions (EU)

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Official Journal of the European Union

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COUNCIL

This document has been produced for documentary purposes and does not involve the responsi-
bility of the institutions

COUNCIL DECISION

of 28 June 1999

laying down the procedures for the exercise of implementing powers conferred on the Commis-
sion (1999/468/EC)

(OJ L 184, 17.7.1999, p. 23, Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p.
11))

(Consolidated version)

(2006/C 255/02)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

(4)

(5)

the rules which the Council

In the instruments which it adopts, the Council has to
confer on the Commission powers for the implementa-
tion of
the
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.

lays down;

Council

adopted Decision

of
The
13 July 1987 laying down the procedures for the exer-
cise of implementing powers conferred on the Commis-
sion; that Decision has provided for a limited number of
procedures for the exercise of such powers.

87/373/EEC

Declaration No 31 annexed to the Final Act of the Inter-
governmental Conference which adopted the Amsterdam
Treaty calls on the Commission to submit to the Council
a proposal amending Decision 87/373/EEC.

of

clarity,

reasons

amending
than
For
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.

rather

type of committee,

The first purpose of this Decision is, with a view to
achieving greater consistency and predictability in the
choice of
to provide for criteria
relating to the choice of committee procedure, it being
understood that such criteria are of a non-binding
nature, with the exception of those governing the regula-
tory procedure with scrutiny.

(6)

(7)

(7a)

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
including measures
provisions of basic instruments,
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 legisla-
tive matters.

It is necessary to follow the regulatory procedure with
scrutiny as regards measures of general scope which
seek to amend non-essential elements of a basic instru-
ment adopted in accordance with the procedure referred
to in Article 251 of the Treaty,
inter alia, by deleting
some of those elements or by supplementing the instru-
ment by the addition of new non-essential elements.
This procedure should enable the two arms of the legis-
lative authority to scrutinise such measures before they
are adopted. The essential elements of a legislative act
may only be amended by the legislator on the basis of
the Treaty.

(8)

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.

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(9)

(10)

(11)

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
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 infor-
mation to the European Parliament by providing that
the Commission should inform it on a regular basis of
the Commission should
that
committee proceedings,
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; particular attention will be paid to the provision
information to the European Parliament on the
of
proceedings of committees in the framework of
the
regulatory procedure with scrutiny, so as to ensure that
the European Parliament
takes a decision within the
stipulated deadline.

The fourth purpose of this Decision is to improve infor-
mation to the public concerning committee procedures
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
related to
provide for all
committees which have been transmitted to the Euro-
pean Parliament to be made public in a register.

to documents

references

Article 2

1. Without prejudice to paragraph 2, the choice of proce-
implementing measures
dural methods for the adoption of
shall be guided by the following criteria:

(a) management measures, such as those relating to the appli-
cation of the common agricultural and common fisheries
policies, or to the implementation of programmes with
substantial budgetary implications, should be adopted by
use of the management procedure;

(b) measures of general scope designed to apply essential
including measures
provisions of basic
concerning the protection of
safety of
humans, animals or plants, should be adopted by use of the
regulatory procedure;

the health or

instruments,

where a basic instrument stipulates that certain non-essen-
the instrument may be adapted or
tial provisions of
updated by way of
such
implementing procedures,
measures should be adopted by use of the regulatory proce-
dure;

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

2. Where a basic instrument, adopted in accordance with
the procedure referred to in Article 251 of the Treaty, provides
for the adoption of measures of general scope designed to
amend non-essential elements of that instrument, inter alia, by
deleting some of
those elements or by supplementing the
instrument by the addition of new non-essential elements,
those measures shall be adopted in accordance with the regula-
tory procedure with scrutiny.

Article 3

Advisory procedure

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

(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,

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.

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.

the basic instrument

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

imposes

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

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

shall

It

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.

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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) and (4) 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,
if
adopt measures which shall apply immediately. However,
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.

The Council, acting by qualified majority, may take a
4.
different decision within the period provided for by para-
graph 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) and (4) of the Treaty in the case of deci-
sions 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
to the Council a
Commission shall, without delay, submit
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,
inform the
Council of its position.

it shall

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 re-
examine it. It may submit an amended proposal to the 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 5a

Regulatory procedure with scrutiny

1.
The Commission shall be assisted by a Regulatory Proce-
dure with Scrutiny 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) and (4) of the Treaty in the case of deci-
sions 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.

If

the measures envisaged by the Commission are in
3.
accordance with the opinion of the Committee, the following
procedure shall apply:

(a) the Commission shall without delay submit

the draft
measures for scrutiny by the European Parliament and the
Council;

(b) the European Parliament, acting by a majority of its compo-
nent members, or
the Council, acting by a qualified
majority, may oppose the adoption of the said draft by the
Commission, justifying their opposition by indicating that
the draft measures proposed by the Commission exceed the
implementing powers provided for in the basic instrument
or that the draft is not compatible with the aim or the
content of the basic instrument or does not respect the
principles of subsidiarity or proportionality;

(c) if, within three months from the date of referral to them,
the European Parliament or the Council opposes the draft
measures, the latter shall not be adopted by the Commis-
sion. In that event, the Commission may submit to the
Committee an amended draft of the measures or present a
legislative proposal on the basis of the Treaty;

(d) if, on expiry of that period, neither the European Parlia-
ment nor the Council has opposed the draft measures, the
latter shall be adopted by the Commission.

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If the measures envisaged by the Commission are not in
the Committee, or if no

4.
accordance with the opinion of
opinion is delivered, the following procedure shall apply:

(a) the Commission shall without delay submit a proposal
relating to the measures to be taken to the Council and
shall forward it to the European Parliament at the same
time;

(b) the Council shall act on the proposal by a qualified

majority within two months from the date of referral to it;

(c) if, within that period, the Council opposes the proposed
measures by a qualified majority, the measures shall not be
adopted. In that event, the Commission may submit to the
Council an amended proposal or present a legislative
proposal on the basis of the Treaty;

(d) if the Council envisages adopting the proposed measures, it
shall without delay submit them to the European Parlia-
ment. If the Council does not act within the two-month
the Commission shall without delay submit the
period,
measures by the European Parliament;

(e) the European Parliament, acting by a majority of its compo-
nent members within four months from the forwarding of
the proposal in accordance with point (a), may oppose the
adoption of the measures in question, justifying its opposi-
tion by indicating that the proposed measures exceed the
implementing powers provided for in the basic instrument
or are not compatible with the aim or the content of the
basic instrument or do not respect the principles of subsi-
diarity or proportionality;

(f) if, within that period, the European Parliament opposes the
proposed measures, the latter shall not be adopted. In that
event, the Commission may submit to the Committee an
amended draft of
the measures or present a legislative
proposal on the basis of the Treaty;

(g) if, on expiry of that period, the European Parliament has
not opposed the proposed measures, the latter shall be
adopted by the Council or by the Commission, as the case
may be.

5.
By way of derogation from paragraphs 3 and 4, a basic
instrument may in duly substantiated exceptional cases provide:

(a) that the time-limits laid down in paragraphs 3(c), 4(b) and
4(e) shall be extended by an additional month, when justi-
fied by the complexity of the measures; or

(b) that the time-limits laid down in paragraphs 3(c), 4(b) and
4(e) shall be curtailed where justified on the grounds of effi-
ciency.

6.
A basic instrument may provide that if, on imperative
grounds of urgency, the time limits for the regulatory proce-
dure with scrutiny referred to in paragraphs 3, 4 and 5 cannot
be complied with, the following procedure shall apply:

(a) if the measures envisaged by the Commission are in accord-
ance with the opinion of the Committee, the Commission
shall adopt
immediately be
implemented. The Commission shall without delay commu-
nicate them to the European Parliament and to the Council;

the measures, which shall

(b) within a time-limit of one month following that communi-
cation, the European Parliament, acting by a majority of its
component members, or the Council, acting by a qualified
majority, may oppose the measures adopted by the
Commission, on the grounds that the measures exceed the
implementing powers provided for in the basic instrument
or are not compatible with the aim or the content of the
basic instrument or do not respect the principles of subsi-
diarity or proportionality;

(c) in the event of opposition by the European Parliament or
the Council, the Commission shall repeal the measures. It
may, however, provisionally maintain the measures in force
if warranted on health protection, safety or environmental
grounds. In that event, it shall without delay submit to the
Committee an amended draft of the measures or a legisla-
tive proposal on the basis of the Treaty. The provisional
measures shall remain in force until they are replaced by a
definitive instrument.

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 repeal the
decision adopted by the Commission and that,
the
Council has not taken a decision within the abovemen-
tioned time-limit,
the Commission is
the decision of
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
which shall be published in the Official Journal of the European
Communities.

In so far as necessary existing committees shall adapt their
rules of procedure to the standard rules.

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

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The European Parliament shall be regularly kept informed
3.
by the Commission of committee proceedings
following
arrangements which ensure that the transmission system is
transparent and that the information forwarded and the various
stages of the procedure are identified. To that end,
it shall
receive
committee meetings, draft measures
submitted to the committees for the implementation of instru-
ments adopted by the procedure provided for by 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 repre-
sent them belong.

agendas

for

The European Parliament shall also be kept informed whenever
the Commission transmits to the Council measures or propo-
sals 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, in relation to each committee, the basic instru-
ment(s) under which the committee is established. From 2000
onwards, the Commission shall also publish an annual report
on the working of committees.

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

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 review the draft measures. Taking the
resolution into account and within the time-limits of the proce-
dure 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 Resolu-
tion of the European Parliament and of its reasons for doing so.

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.

NB:

Readers are informed that statements in the Council minutes relating to these two Decisions are set out in OJ C 203,
17.7.1999, p. 1, and in OJ C 171, 22.7.2006, p. 21.

A statement by the European Parliament, the Council and the Commission concerning the Decision of 17 July 2006 is
set out on page 1 of this Official Journal.