§ Mr. Skeetasked the Secretary of State for Trade whether directions under Article 90 of the Treaty of Rome are subject to veto or modification by the Council of Ministers.
§ Mr. MeacherDirectives issued by the Commission under Article 90.3 of the EEC Treaty must, I am advised, be appropriate to ensure the application of the provisions of Article 90. The Council of Ministers has no power to veto or modify such directives, but equally the Commission has no power in such directives to enlarge the scope of rules contained in the Treaty. If it were considered that the Commission, in issuing a directive, had acted in excess of its competence, or misused its powers, it would be open to a member State, or the Council, to have the legality of the directive reviewed by the Court of Justice under Article 173 of the EEC Treaty.