Decision 1987/373 - 87/373/EEC: Council Decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission - Main contents
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official title
87/373/EEC: Council Decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 1987/373 |
| Original proposal | COM(1986)35 |
| CELEX number i | 31987D0373 |
| Document | 13-07-1987 |
|---|---|
| Publication in Official Journal | 18-07-1987; OJ L 197, 18.7.1987,Special edition in Finnish: Chapter 01 Volume 002,Special edition in Swedish: Chapter 01 Volume 002 |
| Effect | 13-07-1987; Entry into force Date of document |
| End of validity | 17-07-1999 |
|
87/373/EEC: Council Decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission
Official Journal L 197 , 18/07/1987 P. 0033 - 0035
Finnish special edition: Chapter 1 Volume 2 P. 0072
Swedish special edition: Chapter 1 Volume 2 P. 0072
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COUNCIL DECISION
of 13 July 1987
laying down the procedures for the exercise of implementing powers conferred on the Commission
(87/373/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 145 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, in the acts which it adopts, the Council confers on the Commission powers for the implementation of the rules which the Council lays down; whereas the Council may impose certain requirements in respect of the exercise of these powers; whereas it may also reserve the right, in specific cases, to exercise directly implementing powers itself;
Whereas, in order to improve the efficiency of the Community's decision-making process, the types of procedure to which it may henceforth have recourse should be limited; whereas certain rules governing any new provision introducing procedures for the exercise of implementing powers conferred by the Council on the Commission should therefore be laid down;
Whereas this Decision must not affect procedures for implementing Commission powers contained in acts which predate its entry into force; whereas it must be possible, when amending or extending such acts, to adapt the procedures to conform with those set out in this Decision or to retain the existing procedures,
HAS DECIDED AS FOLLOWS:
Article 1
Other than in specific cases where it reserves the right to exercise directly implementing powers itself, the Council shall, in the acts which it adopts, confer on the Commission powers for the implementation of the rules which it lays down. The Council shall specify the essential elements of these powers.
The Council may impose requirements in respect of the exercise of these powers, which must be in conformity with the procedures set out in Articles 2 and 3.
Article 2
PROCEDURE I
The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.
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.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
PROCEDURE II
The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.
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 148 (2) 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.
The Commission shall adopt measures which shall apply immediately. However, if these measures are...
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