COUNCIL RESOLUTION of 15 July 1975 on the adaptation to technical progress of Directives or other Community rules on the protection and improvement of the environment

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the draft of the Commission;

Having regard to the Opinion of the European Parliament (1);

Having regard to the Opinion of the Economic and Social Committee (2);

Whereas in order to carry out the programme of action of the European Communities on the environment (3) it will be necessary among other things to adopt Directives or other Community rules for approximating the laws, regulations and administrative provisions of the Member States, and in the absence of national legislation to establish Community rules;

Whereas it may sometimes be necessary to adapt certain measures contained in these Directives or other Community rules to scientific and technical progress, particularly in the environmental field, in accordance with an ad hoc procedure; A. Adopts to this end as a solution in principle: - the establishment of committees composed of representatives of the Member States and chaired by a representative of the Commission;

- the insertion in the Directives or other Community rules of the following provisions;

"Article ... 1. Where the procedure laid down in this Article is to be followed matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Committee ..., hereinafter called the "Committee".

2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its Opinion on the draft within a time limit which may be determined by the Chairman according to the urgency of the matter. It shall decide by a majority of 41 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The Chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged where these are in accordance with the Opinion of the Committee;

(b) When the measures envisaged are not in accordance with the Opinion of the Committee, or if no opinion is adopted, the Commission shall, without delay, propose to the Council the measures to be adopted. The Council shall act by a qualified majority.

(1) OJ No C 76, 3.7.1974, p. 29. (2) OJ No C 109, 19.9.1974, p. 43. (3) OJ No C 112, 20.12.1973, p. 3. (c) If, within three months of the proposal being submitted to it, the Council has not acted, the measures proposed shall be adopted by the Commission.";

B. Provides that in cases which in the opinion of the Commission are of special importance, the Commission shall submit proposals directly to the Council, and the Council shall act on these by a qualified majority;

C. Agrees that in each Directive or other Community rule it shall be specified for which provisions thereof the procedures set out above shall be invoked;

D. Agrees, in addition, that at the end of a period of 18 months from the initial application of the procedures set out above, it will investigate, at the request of a Member State, on a proposal from the Commission, and in the light of experience, whether there is a need to amend these procedures.