§ Mr. Teddy TaylorTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement explaining the procedures under which directives are classified as stemming from particular clauses of the treaty of Rome, as amended by the Single European Act; and what means are available to member states if they consider that directives are being wrongly classified.
§ Mrs. ChalkerThe great majority of legislation adopted by the Council requires a proposal from the Commission. It is for the Commission to propose the treaty article on which such measures are to be based. The Commission may amend its proposals during the course of discussion in the light of member states' views. The Council may amend any aspect of a Commission proposal, including the legal base, by unanimity. If a member state considers that the legal base of a measure once adopted is incorrect6W it may seek annulment of the measure by instituting proceedings in the European Court of Justice under article 173 of the EEC treaty.
§ Mr. Teddy TaylorTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will list the directives which have been made by the various Councils of Ministers under article 100A; and on how many such directives Her Majesty's Government have objected to the use of this clause.
§ Mrs. ChalkerThe following directives have been adopted under article 100A of the treaty. The Government accept the legal base of these directives:
- arrangements for summer time
- vehicle emissions (two directives)
- lawn-mower noise (two directives)
- information on technical norms
- liquid fertilisers
- toy safety