Judgment_paragraph 24 · European Commission v Pollinis France (C-726/22 P)

24Article 5a of Decision 1999/468, entitled ‘Regulatory procedure with scrutiny’, which was inserted by Council Decision 2006/512/EC of 17 July 2006 (OJ 2006 L 200, p.11), provided, in paragraphs 1 to 3:1. The Commission shall be assisted by a Regulatory Procedure 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) [EC] 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.If the measures envisaged by the Commission are in 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 component 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 Commission. 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;…’

European Commission v Pollinis France (C-726/22 P)

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