CELEX: 51986PC0035
Language: en
Date: 1986-03-03
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN THE PROCEDURES FOR THE EXERCISE OF IMPLEMENTING POWERS CONFERRED ON THE COMMISSION

No C 70/6                                Official Journal of the European Communities                                   25.3.86
4.    The estimated total cost to the Fund of the                                              Article 7
common measure is 60 million ECU.
                                                                    1.    Applications for reimbursement in respect of
5.    The period allowed for the implementation of the              expenditure incurred by the Member State or region
common measure shall be two years, beginning on the                 concerned during a given calendar year shall be
day on which the first scheme is approved, and shall                submitted to the Commission before 1 May the
expire on 1 July 1988 at the latest.                                following year.
                                                                    2.    Decisions on the granting of aid by the Fund shall
6.    On the basis of a progress report by the                      be taken in accordance with Article 7 (1) of Regulation
Commission on the implementation of the common                      (EEC) No 729/70.
measure, and following           a proposal from           the
Commission, the Council shall, before 1 April 1988, take            3.    Payments on account of up to 50 % in respect of
a decision on whether the duration of the common                    actual work may be made by the Fund in accordance
measure, as referred to in paragraph 5, should be                   with the financial arrangements adopted by the Member
extended.                                                           State or region concerned and the amount of work, as
                                                                    referred to in Article 1 (3) (a) and (b), actually done.
                          Article 6                                 4.    Detailed rules for the application of this Article
                                                                    shall be adopted in accordance with the procedure laid
When approving a programme pursuant to Article 2 the                down in Article 13 of Regulation (EEC) No 729/70.
Commission shall, jointly with the Member State or
region concerned, lay down detailed rules regarding the                                        Article 8
information which must be provided at regular intervals
concerning the implementation of the programme. The                 This Regulation shall enter into force on the third day
                                                                    following its publication in the Official Journal of the
Government of the Member State or the region
                                                                    European Communities.
concerned shall at the same time designate the agency or
body responsible for the actual implementation of the               This Regulation shall be binding in its entirety and
programme.                                                          directly applicable in all Member States.
              Proposal for a Council Regulation (EEC) laying down the procedures for the exercise of
                                     implementing powers conferred on the Commission
                                                       COM(86) 35 final
                                (Submitted by the Commission to the Council on 3 March 1986)
                                                          (86/C 70/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            recourse should be limited; whereas certain rules should
                                                                    therefore be established to govern all provisions involving
Having regard to the Treaty establishing the European               procedures for the exercise of implementing powers
Economic Community, and in particular Article 235                   conferred by the Council on the Commission;
thereof,
Having regard to the proposal from the Commission,                  Whereas these procedures should be such as to ensure
                                                                    the efficiency of the decision-making process;
Having regard to the opinion of the European Par-
liament,
Whereas the Council, in rules which it establishes,                 Whereas certain procedures providing for committees of
confers powers of implementation on the Commission;                 national experts set up by the Commission to be
                                                                    consulted or asked for an opinion on proposed
Whereas it may be advisable in certain cases to make                implementing measures have proved appropriate in the
exercise of these powers subject to certain procedures              past; whereas these should therefore continue to
providing for collaboration between the Commission and              constitute the only procedures;
experts from the Member States;
Whereas, in order to facilitate Council decision-making             Whereas the Treaty has not provided the necessary
in this area, the types of procedure to which it may have           powers,
 ---pagebreak--- 25.3.86                                 Official Journal of the European Communities                               No C 70/7
HAS ADOPTED THIS REGULATION:                                          defer application of the measures which it has
                                                                      adopted for not more than . . . from the date of such
                          Article 1                                    communication.
The procedures which the Council may impose in respect                The Council, acting by a qualified majority, may take
of the exercise of implementing powers which it confers               a different decision within . . .
on the Commission in the acts which it adopts shall take           3. 'Regulatory     committee'procedure
one of the following three forms:
                                                                      The representative of the Commission, who shall be
                                                                      chairman of the committee, shall submit to the latter a
1. 'Advisory    committee'procedure
                                                                      draft of the measures to be adopted. The committee
   The committee set up under the auspices of the                     shall deliver its opinion on the draft within a time
   Commission shall discuss matters on which the latter               limit which the chairman may lay down according to
   has requested an opinion. When seeking the opinion                 the urgency of the matter. The opinion shall be
   of the committee, the Commission may set a time                    delivered by the majority laid down in Article 148 (2)
   limit within which such opinion shall be given. No                 of the Treaty in the case of decisions which the
   vote shall be taken. However, any member of the                    Council is required to adopt on a proposal from the
   committee may demand that his views be set down in                 Commission. The votes of the representatives of the
   the minutes.                                                       Member States within the committee shall be
                                                                      weighted in the manner set out in that Article. The
2. 'Management      committee'procedure                               chairman shall not vote.
   The representative of the Commission, who shall be                 The Commission shall adopt the measures envisaged
   chairman of the committee, shall submit to the latter a            if they are in accordance with the opinion of the
   draft of the measures to be adopted. The committee                 committee.
   shall deliver its opinion on the draft within a time               If the measures envisaged are not in accordance with
   limit which the chairman may lay down according to                 the opinion of the committee, or if no opinion is
   the urgency of the matter. The opinion shall be                    delivered, the Commission shall without delay submit
   delivered by the majority laid down in Article 148 (2)             to the Council a proposal with regard to the measures
   of the Treaty in the case of decisions which the                   to be adopted. The Council shall act by a qualified
   Council is required to adopt on a proposal from the                majority.
   Commission. The votes of the representatives of the
                                                                      If, within . . . of the proposal being submitted to it,
   Member States within the Committee shall be
                                                                      the Council has not acted, the proposed measures
   weighted in the manner set out in that Article. The
                                                                      shall be adopted by the Commission.
   chairman shall not vote.
   The Commission shall adopt measures which shall                                            Article 2
   apply immediately. However, if these measures are               This Regulation shall enter into force on . . .
   not in accordance with the opinion of the committee,
   they shall be communicated by the Commission to the             This Regulation shall be binding in its entirety and
   Council forthwith. In that event the Commission may             directly applicable in all Member States.