Single European Act (Hansard, 12 March 1986)

§ Mrs. Chalker

The principal subjects on which the EEC treaty already provides for majority voting are as follows:

Article

(i) Qualified Majority on a proposal from the Commission
7	—rules to prevent discrimination on the grounds of nationality.
28	—autonomous alteration or suspension of common customs tariff duties etc. not exceeding 20 per cent. of the rate.
42	—application of competition rules to agriculture.
43(2)	—implementing the common agricultural policy.
43(3)	—establishment of common agricultural market organisations.
54(2)	—freedom of establishment.
55	—exclusion of certain activities from freedom of establishment.
56(2)	—co-ordination of certain national provisions concerning special treatment of foreign nationals.
57(1)	—mutual recognition of diplomas and so on.
57(2)	—taking up and pursuit of activities by certain self-employed persons.
63(2)	liberalisation of services
69	free movement of capital.
70(2)	—amendment of national measures restricting free movement of capital.
75(1)	—inland transport policy.
79(3)	—elimination of discrimination between carriers.
87(1)	—competition rules.
92(3)(d)	—additional categories of state aids considered compatible with the common market.
94	—state aids rules.
98	—special authorisation of export refunds or countervailing charges on imports.
101	—directives to remove distortions of competition caused by differences between national laws.
103	—directives to implement conjunctural policy measures adopted under article 103(2).
112(1)	—harmonisation of export aids.
113	—common commercial policy.
116	—common action in international organisations of an economic character.
127	—European social fund.

(ii) Qualified Majority not on the basis of Commission proposals
73(1)	—revocation of Commission authorisation of a member state's protective measures in field of capital movements.
108(2)	—grant of mutual assistance to meet balance of payments difficulties.
108(3)	—revocation or amendment of Commission authorisation of a member state's protective measures to meet balance of payments difficulties.
109	—amendment of a member state's protective measures to meet a sudden balance of payments crisis.
114	—conclusion of certain commercial agreements with third countries.
126(a)	—stopping certain social fund assistance.
154	—salaries of EC staff (now found in article 6 of merger treaty).
203(3)	—establishment of draft budget.
203(5)	—decisions on budget amendments and modifications proposed by European Parliament.
203(9)	—altering maximum rate of increase in budget (with agreement of European Parliament).
204	—authorising expenditure in excess of provisional twelfths at beginning of financial year.
206(9)	—conditions of employment of members of the Court of Auditors.
206(b)	—recommendation to Parliament that Commission be given a discharge in respect of implementation of the budget.

(iii) Simple Majority
49	—free movement of workers (qualified majority after entry into force of Single European Act).
128	—vocational training policy.
139	—request for extraordinary session of the Parliament.
151	—adoption of Council rules of procedure (now in article 5 of merger treaty).
152	—requests for Commission studies.
153	—rules for committees provided for in treaty.

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173	—decision to bring an action before the Court of Justice to review the legality of an act.
175	—decision to bring an action before the Court of Justice for failure to act.
196	—request for convention of Economic and Social Committee.
228	—request for an opinion from the Court of Justice on the compatibility of an international agreement with the treaty.
236	—Concil Opinion on on calling a conference of member states to consider proposals for treaty amendments.

The principal subjects on which the EEC treaty currently requires unanimity are as follows (those which, as a result of the Single European Act, will be partly or wholly subject to majority voting are marked with an asterisk):

Article

28*	—alteration of duties etc. in the common customs tariff by more than 20 per cent.
51	—social security for migrant workers.
56(2)	—coordination of national legislation concerning special treatment for foreign nationals.
57(29*	—taking up and pursuit of activities by certain self-employed persons (as amended by the Single European Act).
59(2)*	—extention of free movement of services to nationals of a third country.
70(1)*	—capital movements between member states and third countries.
75(3)	—common transport policy provisions liable to have a serious effect on standards of living and so on.
76	—safeguard against new discrimination between carriers.
84(2)*	—sea and air transport (as amended by the Single European Act).
93(2)	—derogations from state aids rules.
99	—indirect tax approximation.
100*	—approximation of provisions affecting functioning of common market (supplemented by article 18 and 19 of the Single European Act).
103(2)	—conjunctural policy measures.
121	—delegation to the Commission of implementation of common social measures.
126(b)	—new tasks for European social fund.
138(3)	—direct elections to the European Parliament.
149	—amendments to Commission proposals (amended by Single European Act to introduce procedure for co-operation with European Parliament).
157	—size of Commission (now article 10, merger treaty).
159	—replacement of members of Commission (now article 12, merger treaty).
165	—increasing the number of judges on the ECJ.
166	—increasing the number of advocates-general at the ECJ.
194	—appointment of members of Economic and Social Committee.
196	—approval of rules of procedure of the Economic and Social Committee.
201	—own resources.
26(4)	—appointment of members of the Court of Auditors.
209	—adoption of financial regulations and so on.
217	—languages of Community institutions.
223(3)	—amendments to list of war materials etc
231	—co-operation with OECD.
235	—action in absence of specific powers in the Treaty.
237	—new accessions.
238	—conclusion of association agreements.

In addition to the subjects indicated above, the Single European Act will introduce qualified majority voting on the following:

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Article

28*	—alteration of duties etc. in the common customs tariff by more than 20 per cent.
51	—social security for migrant workers.
56(2)	—coordination of national legislation concerning special treatment for foreign nationals.
57(29*	—taking up and pursuit of activities by certain self-employed persons (as amended by the Single European Act).
59(2)*	—extention of free movement of services to nationals of a third country.
70(1)*	—capital movements between member states and third countries.
75(3)	—common transport policy provisions liable to have a serious effect on standards of living and so on.
76	—safeguard against new discrimination between carriers.
84(2)*	—sea and air transport (as amended by the Single European Act).
93(2)	—derogations from state aids rules.
99	—indirect tax approximation.
100*	—approximation of provisions affecting functioning of common market (supplemented by article 18 and 19 of the Single European Act).
103(2)	—conjunctural policy measures.
121	—delegation to the Commission of implementation of common social measures.
126(b)	—new tasks for European social fund.
138(3)	—direct elections to the European Parliament.
149	—amendments to Commission proposals (amended by Single European Act to introduce procedure for co-operation with European Parliament).
157	—size of Commission (now article 10, merger treaty).
159	—replacement of members of Commission (now article 12, merger treaty).
165	—increasing the number of judges on the ECJ.
166	—increasing the number of advocates-general at the ECJ.
194	—appointment of members of Economic and Social Committee.
196	—approval of rules of procedure of the Economic and Social Committee.
201	—own resources.
26(4)	—appointment of members of the Court of Auditors.
209	—adoption of financial regulations and so on.
217	—languages of Community institutions.
223(3)	—amendments to list of war materials etc
231	—co-operation with OECD.
235	—action in absence of specific powers in the Treaty.
237	—new accessions.
238	—conclusion of association agreements.

In addition to the subjects indicated above, the Single European Act will introduce qualified majority voting on the following:

Article

8B	—guidelines and so on for balanced progress on internal market.
118A	—adoption of minimum requirements for health and safety of workers.
130E	—implementing decisons relating to European regional development fund.
130Q(2)	—adoption of certain provisions implementing the framework programme on research and technological development.
130S	—decisions on matters relating to the environment in respect of which the Council decides by unanimity that decisions are to be taken by qualified majority.

This reply does not cover matters falling within the treaties establishing the European Coal and Steel Community and the European Atomic Energy Community, since the Single European Act affects them only in respect of the establishment of a court of first instance.