Manual of Precedents For Acts Established Within TheCouncil of The European Communities Form - Acts - en

SN 1250/1/10 REV 1 (OR.
fr) GENERAL SECRETARIAT OF THE COUNCIL OF THE EUROPEAN UNION ____________________ Directorate for the Quality of Legislation
MANUAL OF PRECEDENTS FOR ACTS ESTABLISHED WITHIN THE COUNCIL OF THE EUROPEAN UNION
Version of 9 July 2010
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To all those who wield the pen: 'Then you should say what you mean," the March Hare went on. "I do," Alice hastily replied; "at least at least I mean what I say that's the same thing, you know." "Not the same thing a bit!" said the Hatter. "Why, you might just as well say that "I see what I eat" is the same thing as "I eat what I see!" Lewis Carroll, Alice in Wonderland. "When I use a word," Humpty Dumpty said, in rather a scornful tone. "It means just what I choose it to mean neither more nor less." "The question is," said Alice, "whether you can make words mean so many different things." "The question is," said Humpty Dumpty, "which is to be master that's all." Lewis Carroll, Through the Looking Glass. "Well," said Owl, "the customary procedure in such cases is as follows." "What does Crustimoney Proseedcake mean?" said Pooh. "For I am a Bear of Very Little Brain, and long words Bother me." "It means the Thing to Do." "As long as it means that, I don't mind," said Pooh humbly. A. A. Milne, Winnie the Pooh, 4. "Why don't you write books people can read?" Nora Joyce to her husband James (1882-1941)
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FOREWORD This manual has been drawn up to harmonise the finalisation of texts of legal acts in the official languages of the institutions of the European Union and to provide a guide on the practice followed in the Council for those responsible for drafting acts or proposals for acts. The types of legal act provided for in the Treaties are relatively few in number. The principles of these acts are defined in Articles 288 to 299 of the Treaty on the Functioning of the European Union (TFEU). The formal structure of regulations, directives and decisions is governed by Annex VI to the Rules of Procedure of the Council (OJ L 325, 11.12.2009, p. 36). No particular form is prescribed by these texts for recommendations or opinions. Apart from acts which relate to the Council's activities, acts adopted by the representatives of the Governments of the Member States (sometimes in conjunction with the Council) are also finalised within the Council. Part I of this manual sets out all the types of acts concerned in schematic form, showing the usual methods of presentation and the most common formal provisions. Part II contains general information on, in particular, the structure of acts and how they should be drafted 1.
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This manual exists in the following language versions: Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.
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See also the Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (OJ C 73, 17.3.1999, p. 1), concluded by the European Parliament, the Council and the Commission, and the Joint Practical Guide for the Drafting of Community legislation of 16 March 2000 prepared by the legal services of the European Parliament, the Council and the Commission.
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TABLE OF CONTENTS 1
Page
PART I FORMS OF LEGAL ACTS
I.
LEGISLATIVE ACTS 1. ACTS ADOPTED IN ACCORDANCE WITH THE ORDINARY LEGISLATIVE PROCEDURE 1.1 Regulations 1.2. Directives 1.3. Decisions 2. ACTS ADOPTED IN ACCORDANCE WITH THE SPECIAL LEGISLATIVE PROCEDURE 2.1. Regulations 2.2. Directives 2.3. Decisions
2 2 2 5 8
11 11 14 17
II.
NON-LEGISLATIVE ACTS 1. REGULATIONS 1.1. Regulations (general) 1.2. Implementing Regulations 2. DIRECTIVES 2.1. Directives (general) 2.2. Implementing Directives 3. DECISIONS 3.1. 3.2. 3.3. 3.4. 4. Decisions (general) Implementing Decisions Decisions in the area of the CFSP Implementing Decisions in the area of the CFSP
20 20 20 23 26 29 32 32 32 35 38 41 44 44 46
RECOMMENDATIONS 4.1. Recommendations in simple form 4.2. Recommendations in elaborate form
A detailed table of contents appears on the following pages.
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Page III. ACTS ADOPTED BY THE EUROPEAN COUNCIL 48
IV.
DECISIONS OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
52
V.
DECISIONS OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
54
VI.
COVER PAGES 1. ORDINARY LEGISLATIVE PROCEDURE 1.1. Positions of the Council at first reading 1.2. Common Positions (conciliation committee) 2. INITIATIVES (ARTICLE 76 TFEU)
56 56 56 56 56
PART II GENERAL INFORMATION
Principal new changes introduced by the Treaty of Lisbon I. REMARKS ON THE PARTS OF ACTS 1. TITLE 1.1. 1.2. 1.3. 1.4. 1.5. General Numbering of acts Indication of the subject matter Reference to an act in the title of another act Reference to an act in the body of another act 67 68 69 74 74 74 75 58 58 58 59 61 62 67 67
1.5.1. First reference 1.5.1.1. General rule: reproduction of the title in full 1.5.1.2.References in the citations 1.5.1.3.References to acts in the recitals 1.5.1.4.Citation of acts in the enacting terms 1.5.1.5.Citation of acts in an annex 1.5.2. Subsequent references to acts: short-form of reference 1.6. Punctuation
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2.
CITATIONS 2.1. 2.2. 2.4. 2.3. General remarks Form Footnotes Punctuation
Page 76 76 77 78 78 79 79 79 81 81 82 82 83 83 84 86 86 87 88 89 89 90 91 92 92 93
3.
RECITALS 3.1. General 3.1.2. Content of recitals 3.1.3. Purpose of stating reasons 3.1.4. Legal importance of recitals 3.2. Form 3.3. Punctuation
4.
ENACTING TERMS 4.1. General 4.2. Subdivision of the enacting terms 4.3. Rules for referring to the subdivisions of the enacting terms 4.3.1. The structure of references 4.3.2. Lists of subdivisions 4.3.3. Expressions to be avoided in references 4.4. References 4.5. Dynamic and Static references 4.6. Publication
5. 6.
ANNEXES FOOTNOTES 6.1. General 6.2. References to the Official Journal
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Page II. VALIDITY OF ACTS 1. 2. ENTRY INTO FORCE, TAKING EFFECT, AND APPLICABILITY REFERENCES TO DATES AND TIME LIMITS 2.1. General 2.2. Amending acts 2.3. Transposition of Directives 3. METHODS OF INDICATING THE BEGINNING AND END OF PERIODS OF VALIDITY AND DEADLINES 94 94 96 96 97 98 102 104 104 104 105 106 106 106 108 111 115 116 118 119 120 120 121
III. INDICATIONS FOR DRAFTING 1. 2. 3. 4. USE OF PRECEDENTS LEGAL TERMS STRUCTURE OF TEXTS RULES FOR WRITING CERTAIN TERMS 4.1. Use of capital and small letters 4.1.1. Use of capitals 4.1.2. Use of small letters 4.2. Abbreviations, initials, acronyms, etc. 4.3. The writing of dates, numbers and quantities 4.4. Use of inverted commas 4.5. Lists 4.6. Hyphenation of chemical terms at the end of a line 5. TARIFF NOMENCLATURE 5.1. Definitions 5.2. Rules to be followed in tariff regulations
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Page IV. LEGAL OPERATIONS AFFECTING AN ACT 1. AMENDMENT 1.1. General 1.2. Amending provisions 1.2.1. Introductory wording 1.2.2. Replacing of words etc. 1.2.3. Insertion 1.2.4. Addition 1.2.5. Deletion 1.3. Correcting documents 1.3.2. Corrigenda (before adoption) 1.3.3. Corrigenda (after adoption) 2. 3. 4. EXTENSION REPEAL CODIFICATION 4.1. Codification, consolidation, recast 4.2. Items that should appear in a codifying act 122 123 123 125 125 126 127 129 129 130 130 132 133 133 134 134 135
V.
ORDER OF CITATION, NAMES IN FULL OR ABBREVIATED FORM 1. ORDER OF CITATION 1.1. The Union and Community Treaties 1.3. Institutions and bodies of the Union 1.4. States 2. NAMES IN FULL OR ABBREVIATED FORM 2.1. 2.2. 2.3. 2.4. The Union and Euratom Treaties The institutions and bodies of the Union States
135 135 135 136 137 137 137 138 139 140
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Page VI. RULES GOVERNING THE LANGUAGES 1. 2. 3. GENERAL PRINCIPLES APPLICABLE TO SECONDARY LEGISLATION LANGUAGE ORDER 3.1. Order of language version where grouped (multilingual texts) 3.2. Order of listing languages (monolingual texts) 142 142 143 144 144 145
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Page ANNEXES
ANNEX I COMMITTEE PROCEDURE A. B. EXTRACT FROM COUNCIL DECISION 1999/468/EC STANDARD TEXTS
147 147 155
ANNEX II PROCEDURE FOR THE ADOPTION OF CORRIGENDA A. COUNCIL ACTS 1. 2. B. Statement entered in the Council minutes of 3 December 1975 Comments
157 157
ACTS ADOPTED UNDER THE ORDINARY LEGISLATIVE PROCEDURE 1. 2. Procedure followed within the Council Procedure followed within the European Parliament
159
ANNEX III CODIFICATION: STANDARD WORDING A. B. C. D. TITLE STANDARD RECITALS SPECIFIC TO CODIFICATION STANDARD ARTICLES SPECIFIC TO CODIFICATION STANDARD ANNEXES SPECIFIC TO CODIFICATION
161 161 162 164 165
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Page ANNEX IV MISCELLANEOUS: (STANDARD WORDS AND PHRASES, EXPRESSIONS, DESIGNATIONS, VARIOUS RULES) A. STANDARD WORDS AND PHRASES Financial provisions for multi-annual programmes Recital regarding Article 352 TFEU Recital regarding the principles of subsidiarity and proportionality B. C. D. E. F. G. H. NUANCES TO BE OBSERVED CONTINUED USE OF FORMER OFFICIAL NAMES EXPRESSIONS FOR THE COMMUNITY IN ITS VARIOUS FORMS DETAILS CONCERNING THE DESIGNATION OF CERTAIN COUNTRIES OR AUTHORITIES FISHERY ZONES AND NAMES OF THEIR SUBDIVISIONS RENUMBERING ACCORDING TO THE TREATY OF LISBON SOME COMMENTS ON THE USE OF THE ENGLISH LANGUAGE 168 172 149 150 151 153 155
167 167
ANNEX V SCHENGEN: STANDARD WORDING
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ANNEX VI MISCELLANEOUS A. STANDARD WORDS AND PHRASES 1. 2. 3. B. C. D. E. F. Financial provisions for multiannual programmes Recital concerning Article 352 of the TFEU Recital concerning the principles of subsidiarity and proportionality (Article 5 of the TEU)
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NUANCES TO BE OBSERVED EXPRESSIONS FOR THE COMMUNITY IN ITS VARIOUS FORMS DETAILS CONCERNING THE DESIGNATION OF CERTAIN COUNTRIES OR AUTHORITIES FISHERY ZONES AND NAMES OF THEIR SUBDIVISIONS RENUMBERING ACCORDING TO THE TREATY OF LISBON 1. 2. General comment Numbering in the case of references
G.
SOME COMMENTS ON THE USE OF THE ENGLISH LANGUAGE
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PART I
FORM OF LEGAL ACTS
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I. 1.
LEGISLATIVE ACTS ACTS ADOPTED IN ACCORDANCE WITH THE ORDINARY LEGISLATIVE PROCEDURE Regulations REGULATION (EU) [(EU, EURATOM)] No /2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of
1.1
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article(s) ... thereof,] [Having regard to the proposal from the European Commission,] [Having regard to the initiative of ... (names of the Member States),] [Having regard to the request of the Court of Justice,] [Having regard to the recommendation from the European Central Bank,] After transmission of the draft legislative act to the national parliaments, [Having regard to the opinion of the European Commission,] [Having regard to the opinion of the Court of Justice,]
For citations, see p. 76.
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[Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [After consulting,]1 Acting in accordance with the ordinary legislative procedure, [in the light of the joint text approved by the Conciliation Committee on ,]2 Whereas3: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAVE ADOPTED THIS REGULATION:
1 2
In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion. Footnote to be inserted in the case of adoption at first reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and decision of the Council of ... . Footnote to be inserted in the case of adoption at second reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and position of the Council at first reading of ... [(OJ ...)] [(not yet published in the Official Journal)]. Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] [and decision of the Council of ... ]. Footnote to be inserted in the case of adoption at third reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)], position of the Council at first reading of ... [(OJ ...)] [(not yet published in the Official Journal)]. Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)]. Legislative resolution of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and decision of the Council of ... .
For recitals, see p. 79.
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Article 1 Article 1 This Regulation shall enter into force on [This Regulation shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] 2 [It shall apply (from ) (until ...)] [It shall expire on ] This Regulation shall be binding in its entirety and directly applicable in all Member States. [This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.]3 Done at , For the European Parliament The President _______________ For the Council The President
1 2
For entry into force, taking effect and applicability in general, see p. 94. This wording in square brackets, followed by the wording "It shall apply from (date in the future)", is used where implementing measures must be published and enter into force before the regulation can apply. Where this is not the case, only the wording "This Regulation shall enter into force on the " is used, indicating the date of its application, since the adoption of the regulation confers the necessary powers on the institutions for all preparatory measures other than implementing measures. Where the regulation has retroactive effect, the wording "It shall apply from (date in the past)" is used. This paragraph does not form part of the final article. The second sentence (in square brackets) is to be substituted for the first where a regulation is not applicable to, or in, all Member States (e.g. Member States whose currency is not the euro).
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Directives DIRECTIVE 2010//EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of .
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the proposal from the European Commission,] [Having regard to the initiative of ... (names of the Member States),] After transmission of the draft legislative act to the national parliaments, [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [After consulting.,]2
1 2
For citations, see p. 76. In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion.
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Acting in accordance with the ordinary legislative procedure [in the light of the joint text approved by the Conciliation Committee on ,]1 Whereas2: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAVE ADOPTED THIS DIRECTIVE: Article 1
Footnote to be inserted in the case of adoption at first reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and decision of the Council of ... . Footnote to be inserted in the case of adoption at second reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and position of the Council at first reading of ... [(OJ ...)] [(not yet published in the Official Journal)]. Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] [and decision of the Council of ... ]. Footnote to be inserted in the case of adoption at third reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)], position of the Council at first reading of ... [(OJ ...)] [(not yet published in the Official Journal)]. Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)]. Legislative resolution of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and decision of the Council of ... .
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Article 1 [Article This Directive shall enter into force on . 2 [This Directive shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ]] [Article This Directive shall apply (from ) (until ).] Article This Directive is addressed to the Member States. [This Directive is addressed to ] [This Directive is addressed to the Member States in accordance with the Treaties.]3
Done at , For the European Parliament The President _______________ For the Council The President
1 2 3
For provisions on the transposition of Directives see point 2.3 on page 98. See Article 297(1), third subparagraph, of the TFEU. See mutatis mutandis the model for "Regulations" on page 5, footnote 3.
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1.3
Decisions DECISION No /2010/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the proposal from the European Commission,] [Having regard to the initiative of ... (names of the Member States),] [Having regard to the request of the Court of Justice,] [Having regard to the recommendation of the European Central Bank,] After transmission of the draft legislative act to the national parliaments, [Having regard to the opinion of the European Commission,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,]
For citations, see p. 76.
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[Having regard to the opinion of the Committee of the Regions,] [After consulting,]1 Acting in accordance with the ordinary legislative procedure, [in the light of the joint text approved by the Conciliation Committee on ,]2 Whereas3: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAVE ADOPTED THIS DECISION: Article 1
1 2
In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion. Footnote to be inserted in the case of adoption at first reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and decision of the Council of ... . Footnote to be inserted in the case of adoption at second reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and position of the Council at first reading of ... [(OJ ...)] [(not yet published in the Official Journal)]. Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] [and decision of the Council of ... ]. Footnote to be inserted in the case of adoption at third reading: Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)], position of the Council at first reading of ... [(OJ ...)] [(not yet published in the Official Journal)]. Position of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)]. Legislative resolution of the European Parliament of ... [(OJ ...)] [(not yet published in the Official Journal)] and decision of the Council of ... . For recitals, see p. 79.
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[Article This Decision shall enter into force on . 1 [This Decision shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ]] [Article This Decision shall apply (from ...) (until ...).] Article This Decision is addressed to the Member States. [This Decision is addressed to ] [This Decision is addressed to the Member States in accordance with the Treaties.]2 Done at , For the European Parliament The President _______________ For the Council The President
1 2
See Article 297(1), third subparagraph, of the TFEU. See mutatis mutandis the model for "Regulations" on page 5, footnote 3.
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2.
ACTS ADOPTED IN ACCORDANCE WITH A SPECIAL LEGISLATIVE PROCEDURE Regulations COUNCIL REGULATION (EU) No /2010 of
2.1
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the proposal from the European Commission,] [submitted (presented) after consulting (after consultations within) the committee established (provided for) in (act establishing the committee),] [Having regard to the draft Regulation submitted by the European Commission,]2 [Having regard to the initiative of (names of the Member States),] [Having regard to the recommendation from the European Commission,] [Having regard to the request of the European Investment Bank,] After transmission of the draft legislative act to the national parliaments, [Having regard to the consent of the European Parliament,] [Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the Court of Justice,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Court of Auditors,]
1 2
For citations, see p. 76. This citation is used in place of the preceding one when, in the absence of a formal right of initiative to make a proposal or recommendation, the Commission submits a draft text [to the Member States for the purposes of an initiative on their part.]
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[Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [After consulting,]1 Acting in accordance with a special legislative procedure, Whereas2: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAS ADOPTED THIS REGULATION: Article 1 Article 3 This Regulation shall enter into force on [This Regulation shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] 4
1 2 3 4
In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion. For recitals, see p. 79. For entry into force, taking effect and applicability in general, see p. 94. This wording in square brackets, followed by the wording "It shall apply from (future date)", is used when the regulation requires implementing texts which must be published and enter into force before its effective application. If such is not the case, only the wording "This Regulation shall enter into force on the " is used, indicating the effective date of its application, since the very fact of the adoption of the regulation confers the necessary powers on the institutions for all preparatory measures other than the abovementioned implementing texts. Where the regulation has retroactive effect, the wording "It shall apply from (date in the past)" is used.
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[It shall apply (from ) (until ).] [It shall expire on ]
This Regulation shall be binding in its entirety and directly applicable in all Member States. [This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.]1 Done at 2, For the Council The President _______________
This paragraph does not form part of the final article. The second sentence (in square brackets) is to substitute the first where a regulation is not applicable to, or in, all Member States (e.g. Member States not taking part in the euro). Usually Brussels, except for April, June and October, when Council meetings are held in Luxembourg.
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2.2
Directives COUNCIL DIRECTIVE 2010//EU of
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the proposal from the European Commission,] [Having regard to the draft Directive submitted by the European Commission,]2 After transmission of the draft legislative act to the national parliaments, [Having regard to the consent of the European Parliament,] [Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [After consulting,]3 Acting in accordance with a special legislative procedure,
1 2 3
For recitals, see p. 76. This citation is used in place of the preceding one when, in the absence of any formal right of initiative to make a proposal or recommendation, the Commission submits a draft text. In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion.
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Whereas1: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAS ADOPTED THIS DIRECTIVE: Article 1 Article 2 [Article 3 This Directive shall enter into force on . [This Directive shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ]
1 2 3
For recitals, see p. 79. Concerning provisions on the transposition of Directives see point 2.3 on page 98. This article is used for directives addressed to all Member States. Such directives have to be published in the Official Journal of the European Union. They enter into force in accordance with the same rules as regulations (see Article 297 TFEU). Other directives have to be notified to those to whom they are addressed and take effect upon such notification (see Article 297 TFEU).
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[Article This Directive shall apply (from ) (until ).] Article This Directive is addressed to the Member States.[This Directive is addressed to ] [This Directive is addressed to the Member States in accordance with the Treaties.]1 Done at 2, For the Council The President _______________
1 2
See mutatis mutandis the model for "Regulations" on page 4, footnote 3. Usually Brussels, except for April, June and October, when Council meetings are held in Luxembourg.
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2.3
Decisions COUNCIL DECISION No. /2010/EU of
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the proposal from the European Commission,] [Having regard to the draft Decision submitted by the European Commission,]2 [Having regard to the initiative of (names of the Member States),] After transmission of the draft legislative act to the national parliaments, [Having regard to the consent of the European Parliament,] [Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [Having regard to the opinion of the Committee on Employment,] [After consulting,]3 Acting in accordance with a special legislative procedure,
1 2 3
For citations, see p. 76. This citation is used in place of the preceding one when, in the absence of any formal right of initiative to make a proposal or recommendation, the Commission submits a draft text. In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion.
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HAS ADOPTED THIS DECISION: Article 1 Article This Decision shall enter into force on . [This Decision shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ]
For recitals, see p.79.
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Article This Decision is addressed to the Member States. [This Decision is addressed to ] [This Decision is addressed to the Member States in accordance with the Treaties.]1
Done at 2, For the Council The President _______________
1 2
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II. 1.
NON-LEGISLATIVE ACTS REGULATIONS
1.1. Regulations (general) REGULATION (EU) [(EURATOM)] [(EU, EURATOM)] No /2010 OF THE COUNCIL of . THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the proposal from the European Commission,] [Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,] [Having regard to the draft Regulation submitted by the European Commission,]2 [Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the Court of Justice,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [After consulting,]3
1 2 3
For citations, see p. 76. This citation is used in place of the preceding one when, in the absence of any formal right of initiative to make a proposal or recommendation, the Commission submits a draft text. In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion.
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HAS ADOPTED THIS REGULATION: Article 1 Article 2 This Regulation shall enter into force on [This Regulation shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] 3 [It shall apply (from ) (until ).] [It shall expire on ]
1 2 3
For recitals, see p. 79. For entry into force, taking effect and applicability in general, see p. 94. This wording in square brackets, followed by the wording "It shall apply from (future date)", is used when the regulation requires implementing texts which must be published and enter into force before its effective application. If such is not the case, only the wording "This Regulation shall enter into force on the " is used, indicating the effective date of its application, since the very fact of the adoption of the regulation confers the necessary powers on the institutions for all preparatory measures other than the abovementioned implementing texts. Where the regulation has retroactive effect, the wording "It shall apply from (date in the past)" is used.
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This Regulation shall be binding in its entirety and directly applicable in all Member States. [This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.]1 Done at 2, For the Council The President _______________
This paragraph does not form part of the final article. The second sentence (in square brackets) is to substitute the first where a regulation is not applicable to, or in, all Member States (e.g. Member States not taking part in the euro). Usually Brussels, except for April, June and October, when Council meetings are held in Luxembourg.
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1.2
Implementing Regulations COUNCIL IMPLEMENTING REGULATION (EU) [(EURATOM)] [(EU, EURATOM)] No /2010 of
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union,1 [Having regard to the Treaty establishing the European Atomic Energy Community, (and in particular Article(s) thereof,)] Having regard to. *, and in particular Article(s) thereof, [Having regard to the proposal from the European Commission,] [,]2 [After consulting,]3 _______________ * OJ L , , p. .
1 2 3
For citations, see p. 76. Possible reference to consultations or other preparatory acts. In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion.
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HAS ADOPTED THIS REGULATION: Article 1 Article 2 This Regulation shall enter into force on [This Regulation shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ...)] [It shall expire on ]
1 2
For recitals, see p. 79. For entry into force, taking effect and applicability, see p. 94.
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This Regulation shall be binding in its entirety and directly applicable in all Member States. [This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.]1
Done at 2, For the Council The President _______________
This paragraph does not form part of the final article. The second sentence (in square brackets) is to substitute the first where a regulation is not applicable to, or in, all Member States (e.g. Member States whose currency is not the euro). Usually Brussels, except for April, June and October, when Council meetings are held in Luxembourg.
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2. 2.1
DIRECTIVES Directives (general) COUNCIL DIRECTIVE No 2010//EU [EURATOM] [EU, EURATOM] of
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,1 [Having regard to the proposal from the European Commission,] [Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,] [Having regard to the draft Directive submitted by the European Commission,]2 [Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [After consulting,]3
1 2 3
For recitals, see p. 76. This citation is used in place of the preceding one when, in the absence of any formal right of initiative to make a proposal or recommendation, the Commission submits a draft text. In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion.
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HAS ADOPTED THIS DIRECTIVE: Article 1 Article 2 a) Form to use if the addressees of the Directive are not named: Article This Directive shall enter into force on . [This Directive shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ]
1 2
For recitals, see p. 79. Concerning provisions on the transposition of Directives see point 2.3 on page 98.
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[Article This Directive shall apply (from ) (until ).] Article This Directive is addressed to the Member States. [This Directive is addressed to the Member States in accordance with the Treaties.]1 b) Form to use if the addressees of the Directive are named: Article This Directive shall take effect on the day of its notification. Article This Directive is addressed to .. Done at 2, For the Council The President _____________
1 2
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2.2
Implementing Directives COUNCIL IMPLEMENTING DIRECTIVE No 2010//EU [EURATOM] [EU, EURATOM] of
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union,1 [Having regard to the Treaty establishing the European Atomic Energy Community, (and in particular Article(s) thereof,)] Having regard to. *, and in particular Article(s) thereof, [Having regard to the proposal from the European Commission,] []2 [After consulting,]3
_______________ *
OJ L , , p. .
1 2 3
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Whereas:1 (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAS ADOPTED THIS DIRECTIVE: Article 1 Article 2 a) Form to use if the addressees of the Directive are not named: Article This Directive shall enter into force on . [This Directive shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ]
1 2
For recitals, see p. 79. Concerning provisions on the transposition of Directives see point 2.3 on page 98.
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[Article This Directive shall apply (from ) (until ).] Article This Directive is addressed to the Member States. [This Directive is addressed to the Member States in accordance with the Treaties.]1 b) Form to use if the addressees of the Directive are named: Article This Directive shall take effect on the day of its notification. Article This Directive is addressed to .. Done at 2, For the Council The President _____________
1 2
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3.
DECISIONS
3.1. Decisions (general) COUNCIL DECISION of THE COUNCIL OF THE EUROPEAN UNION, [Having regard to the Treaty on European Union, and in particular Article(s) thereof,1 [Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,] [Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article(s) ... thereof,] [Having regard to the reasoned proposal from (names of the Member States), (the European Parliament), (the European Commission),] [Having regard to the proposal from the European Commission,] [Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,] [Having regard to the draft decision submitted by the European Commission,]2 [Having regard to the initiative of the President of the Court of Justice,] [Having regard to the consent of the European Parliament] [Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,]
1 2
For citations, see p. 79. This citation is used in place of the preceding one when, in the absence of any formal right of initiative to make a proposal or recommendation, the Commission submits a draft text.
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[Having regard to the opinion of the Economic and Financial Committee,] [Having regard to the opinion of the Employment Committee,] [After consulting,]1 Whereas2: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAS ADOPTED THIS DECISION: Article 1 a) Form to use if the addressees of the Decision are not named: Article This Decision shall enter into force on . [This Decision shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ]
1 2
In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion. For recitals, see p. 79.
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[Article This Decision shall apply in accordance with the Treaties.] b) Form to use if the addressees of the Decision are named: Article This Decision shall take effect on the day of its notification. Article This Decision is addressed to .. Done at 1, For the Council The President _____________
Usually Brussels, except for April, June and October, when Council meetings are held in Luxembourg.
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3.2
Implementing Decisions COUNCIL IMPLEMENTING DECISION of ..
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union,1 [Having regard to the Treaty establishing the European Atomic Energy Community, (and in particular Article thereof,)] Having regard to *, and in particular Article thereof, [Having regard to the proposal from the European Commission,] []2 [After consulting ,]3
_______________ *
OJ L , , p. .
1 2 3
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HAS ADOPTED THIS DECISION: Article 1 a) Form to use if the addressees of the Decision are not named: Article This Decision shall enter into force on . [This Decision shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ] [Article This Decision shall apply in accordance with the Treaties.]
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b)
Form to use if the addressees of the Decision are named: Article
This Decision shall take effect on the day of its notification. Article This Decision is addressed to .. Done at 1, For the Council The President _____________
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3.3
Decisions in the field of the CFSP COUNCIL DECISION No 2010//CFSP of
THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, [and in particular Article(s) thereof,]1 Having regard to the Treaty on the Functioning of the European Union, [and in particular Article(s) thereof,] [Having regard to the Decision of the European Council,] [Having regard to the initiative of (name of the Member State(s)),] [Having regard to the notification by (name of the Member State(s)),] [Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,] [Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, supported by the European Commission,] [Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the High Representative of the Union for Foreign Affairs and Security Policy,] [Having regard to the consent of the European Commission,] [After consulting,]2
1 2
For citations, see p. 76. In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion.
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b)
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3.4. CFSP Implementing Decisions COUNCIL IMPLEMENTING DECISION No 2010//CFSP of . THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union,1 Having regard to the Treaty on European Union, and in particular Article 24 (26) thereof, Having regard to *, and in particular Article thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, []2 [After consulting ,]3
_______________ *
OJ L , , p. .
1 2 3
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b)
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4.
RECOMMENDATIONS1
4.1. Recommendations in simple form COUNCIL RECOMMENDATION of THE COUNCIL OF THE EUROPEAN UNION, [Approving ,] [Noting that ,] [Desirous of ,] HEREBY RECOMMENDS Member States: [(1) (2) to ; to .]
The form of recommendations may vary. However, recommendations always have the closing formula ("Done at ") and the signature of the President.
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[HEREBY RECOMMENDS: (1) (2) that Member States ; that Member States (;)]
[HEREBY INVITES the Commission to .] Done at , For the Council The President _______________
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4.2
Recommendations in more elaborate form COUNCIL RECOMMENDATION of
THE COUNCIL OF THE EUROPEAN UNION, [Having regard to the Treaty on European Union, and in particular Article(s) thereof,] [Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) thereof,]1 [Having regard to the conclusions of the European Council,] [Having regard to the reasoned proposal from (names of the Member States), (the European Parliament), (the European Commission),] [Having regard to the proposal from the European Commission,] [Having regard to the recommendation from the European Commission,] [Having regard to the draft recommendation submitted by the European Commission,]2 [Approving ,] [Noting that ,] [Desirous of ,]
Article 292 TFEU confers on the Council the horizontal power to adopt recommendations. In this case, the legal base to be indicated is Article 292 in conjunction with the specific Article conferring upon the Union the power to act. For example, in the field of research, the citation should be drafted as follows: "Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 in conjunction with Article 182(5) thereof". This citation is used in place of the preceding one when, in the absence of any formal right of initiative to make a proposal or recommendation, the Commission submits a draft text.
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Whereas: (1) (2) (3) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HEREBY RECOMMENDS Done at , For the Council The President ____________
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III. ACTS ADOPTED BY THE EUROPEAN COUNCIL1 DECISION OF THE EUROPEAN COUNCIL of THE EUROPEAN COUNCIL, [Having regard to the Treaty on European Union, and in particular Article(s) thereof,]2 [Having regard to the Treaty on the Functioning of the European Union, and in particular Article(s) (235) (236) thereof,] [Having regard to the proposed/ draft revision of the Treaties sent by the Council,] [Having regard to the proposed/ draft revision of the Treaty submitted by (names of the Member States), (the European Parliament) ,(the European Commission),] [Having regard to the proposal from (names of the Member States),] [Having regard to the proposal from the European Commission,] [Having regard to the initiative of the European Parliament,] [Having regard to the initiative of (names of the Member State),]
The European Council does not adopt legislative acts, although it may adopt legal acts in the form of decisions. 2 For citations, see p. 76.
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[Having regard to the opinion of the European Parliament,] [Having regard to the opinion of the European Commission,] [Having regard to the consent of the Member States,] [Having regard to the opinion of the European Central Bank,] [With the agreement of the President of the European Commission,] [Having regard to the consent of the European Parliament,] [Having regard to the opinion of the Board of Governors of the European Central Bank,] [After consulting,]1 Whereas:2 (1) (2) (3) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAS ADOPTED THIS DECISION: Article 1
1 2
In cases where the Treaty requires that an institution or body be consulted, but the consultation does not result in an opinion. For recitals, see p. 79.
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a)
Form to use if the addressees of the Decision are not named: Article
This Decision shall enter into force on . [This Decision shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.] [It shall apply (from ) (until ).] [It shall expire on ] [Article This Decision shall apply in accordance with the Treaties.]
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b)
This Decision shall take effect on the day of its notification. Article This Decision is addressed to .. Done at , For the Council The President _____________
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IV.
DECISIONS OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES [, MEETING WITHIN THE COUNCIL]1 of
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES [, MEETING WITHIN THE COUNCIL,] [Having regard to.,] Whereas: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
[In agreement with the European Commission,] HAVE ADOPTED THIS DECISION: Article 1 [Article [Member States shall take the measures necessary for the implementation of this Decision.]
The words "meeting within the Council" appear in almost every decision of this kind. They do not appear in decisions appointing members of the Commission or judges and advocates-general of the Court of Justice or the Court of First Instance.
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[Article This Decision shall enter into force on . [This Decision shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.]] Done at , The President _____________
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V.
DECISIONS OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of
THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL, [Having regard to.,] Whereas: (1) (2) ( ) [Begin with a capital letter] . [Begin with a capital letter] . [Begin with a capital letter] ,
HAVE ADOPTED THIS DECISION: Article 1
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[Article This Decision shall enter into force on . [This Decision shall enter into force on the () day (following that) (of) its publication in the Official Journal of the European Union.]] Done at , The President _____________
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VI. COVER PAGES1 1. ORDINARY LEGISLATIVE PROCEDURE
1.1 Positions of the Council at first reading Subject: Position of the Council at first reading with a view to the adoption of a Regulation / Directive / Decision of the European Parliament and of the Council on 1.2 Joint Texts (conciliation committee) Subject: Regulation (Directive) (Decision) of the European Parliament and of the Council on Joint text approved by the Conciliation Committee provided for in Article 294(10) of the Treaty on the Functioning of the European Union. 2. INITIATIVES (ARTICLE 76 TFEU) Subject: Initiative of (name of the Member State or Member States)2 with a view to adopting a (Regulation) (Directive) (Decision) of the European Parliament and of the Council (of the Council) on _______________
The cover page includes, other than the subject preceded by the heading "LEGISLATIVE ACTS AND OTHER INSTRUMENTS", the relevant the institutional and interinstitutional code-numbers of the document. The text of the act to be adopted is attached to the cover page without the words "Council's position at first reading (initiative by..) for adoption of " or "joint text relating to". At publication in the C-series of the Official Journal, the cover page is removed and the aforementioned information is included in the title. It is to be noted that these preparatory texts are not signed. Complete description (see p. 140).
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PART II GENERAL INFORMATION1
Footnotes which have a number are common to all linguistic versions. By contrast, footnotes which have an asterisk are specific to each language version.
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The "ordinary legislative procedure" provided for by Article 294 TFEU corresponds largely to the "codecision" procedure introduced by the Maastricht Treaty (and subsequently modified). However, there is an important new element: the European Parliament, at first reading, no longer issues an opinion, but adopts a "position at first reading". If the Council approves the European parliament's position at first reading, the act is then adopted " in the wording which corresponds to the position of the European Parliament" (Article 294(4) TFEU). This change puts the European Parliament on an equal footing with the Council and makes it clear that first readings first take place in the European Parliament. The field of application of the ordinary legislative procedure is broadened considerably 9there are forty new instances in which it applies). The "special legislative procedure" concerns acts adopted by the Council, after consulting, or with the consent of, the European Parliament, together with three cases (Articles 223, 226 and 228 TFEU) in which the European Parliament legislates alone, following an opinion or consent of the Commission, and following the consent of the Council. One of the principal acts to be adopted under the special legislative procedure (Article 314 TFEU) is the annual budget of the Union, which thus becomes a legislative act.
Article 288 TFEU provides for only one type of decision. Thus, the "sui generis decision", which enjoyed a special title in German, Dutch, Slovene and Danish, ceases to exist. SN 1250/1/10 REV 1 JUR
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59 II Non-legislative acts Of particular note among the non-legislative acts are delegated acts (Article 290 TFEU) and implementing acts (Article 291 TFEU). Delegated acts, which must take the same form as one of the three legally-binding acts (generally that of a regulation), are adopted by the Commission alone, acting upon a power delegated from the European parliament and the Council; they are measures of general scope designed to supplement or certain amend non-essential elements of a legislative act (a non-legislative act cannot confer a delegation of powers on the Commission, nor can it be supplemented or amended by a delegated act). The delegation is strictly circumscribed and is subject to specific conditions. Implementing acts aim at putting into effect binding legal acts (including non-legislative acts) of the European union, where uniform conditions are necessary to their implementation. The are adopted by the Commission, or, in duly substantiated cases, by the Council. In the field of CFSP, implementing acts are always adopted by the Council. Article 291 FTEU, which replaces the old Article 202 EC, thus reinforces the Commission's implementing function. A new regulation, to be adopted under the ordinary legislative procedure, will replace Council Decision 1999/486/EC (the so-called "committology" decision) regarding the detailed arrangements for the exercise of implementing powers conferred on the Commission. Also worth of note among the non-legislative acts are decisions of the European Council, all CFSP acts (since the second subparagraph of Article 24(1) TEU forbids the adoption of legislative acts in this field), acts in the field of international relations (such as decisions taken under Article 218 TFEU), as well as decisions nominating persons, procedural decisions and so on.
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I. 1. 1.1.
REMARKS ON THE PARTS OF ACTS The TITLE General The title is the means of identifying the act. It generally contains the following information: the name of the act (regulation, directive, implementing regulation etc.), a number and the abbreviation "EU", "Euratom" or "EU, Euratom" (see point 1.2), the name(s) of the institution(s) which adopted the act, the date of signature of the act for acts adopted under the ordinary legislative procedure and the budget, and the date of the act's adoption in the case of acts adopted by the Council alone, an indication of the subject matter (see point 1.3).
Titles of delegated acts and implementing acts In accordance with Articles 290 and 291 TFEU, the word "delegated" or "implementing" must appear in the title of such acts. Amended title or corrected title If the title of an act has been amended by another act or corrected by a corrigendum, it is always necessary to cite the title as so amended or corrected1.
This can be checked in EUR-Lex.
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1.2.
Numbering of acts The way in which acts are numbered varies according to the type of act1 (a) Texts publication of which in the Official Journal is obligatory are given a serial number which forms part of the title (i) For regulations, the number includes the term "No" (followed by the number, then the year) and is written as in the following examples: (ii) Regulation (EU) No ..../2010 Regulation (Euratom) No /2010 Regulation (EU, Euratom) No /20102,
For directives adopted in accordance with the legislative procedure and other directives addressed to all the Member States, the number includes the year, followed by a number, then the relevant abbreviation concerned: Directive 2010/.../EU3, For decisions adopted by the legislative procedure, the number includes the term "No" following by a number, the year and the relevant abbreviation concerned: Decision No /2010/EU.
(iii)
1 2 3
See also the Rules of Procedure of the Council, Annex VI, which contains provisions on numbering. For the order of citation of EU and Euratom, see page 135. Since 1 January 1992, the number of directives is attributed by the General Secretariat of the Council at the time of adoption. For other acts, the number is attributed by the Publications Office at the time of publication.
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(b)
Most texts the publication of which is not obligatory1 do not have a serial number in the title. (i) Such acts, in particular directives, other than those adopted by the legislative procedure, are addressed to individually identified Member States; decisions, other than those adopted under the legislative procedure, which mention the addressee; and recommendations. Since January 1963, these acts, if published in the Official Journal (L Series), are allocated a reference number (year followed by a number and then an abbreviation) which appears in brackets below the title. For practical reasons this reference number has been used (since March 1974) without the brackets when referring to these acts (the structure of the reference is the same for all these acts):

(ii)
Directive 75/786/EEC Decision 92/547/Euratom Decision 2004/112/EC, Euratom Decision 2009/937/EU Decision 2010/41/EU, Euratom,
From May 1999 until November 2009, acts adopted in the field of CFSP (common strategies, joint actions and common positions) or judicial or police cooperation in criminal matters (common positions, framework decisions and decisions) had a serial number (year/number/abbreviation) which formed part of the title. Since 1 December 1999, decisions under Article 25 TEU carry as the header "Decision of the Council", a serial number (year/number/CFSP), the date of adoption and the indication of the subject matter.
NB:
The abbreviations changed on 1 November 1993 when the EEC became the EC (after the Maastricht Treaty) and on 1 December 2009, when the EC became the EU (after the Treaty of Lisbon).
See also the Rules of Procedure of the Council, which contains in Article 17 provisions with respect to publication. It should be noted that the Rules of Procedure require the publication of a certain number of acts the publication of which is not obligatory within the meaning of the TFEU.
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1.3.
Indication of the subject matter (a) The indication of the subject matter should give details of the main contents of the act and help in distinguishing it from other acts. Care should therefore be taken to avoid giving a new act a title already borne by another act in force. This is particularly the case for amending acts (see point 1.4(b)), the purpose of which should be as clearly stated as possible. (b) On the other hand, the indication of the subject matter should be as brief as possible thus making subsequent references to the title easier in. This objective can be attained, inter alia, by: shortening the title of another act to be cited, in particular by paraphrasing (see point 1.4), resorting to a shortened description (e.g. "Union " instead of "European Union", "Member States" instead of "Member States of the European Union", "TEU" instead of "Treaty on European Union")
and, by way of exception, to abbreviations and acronyms in current use (e.g. ACP, OECD, Europol). (c) The title may be followed by an abbreviated name (which generally appears in brackets). This is particularly practical in the case of important acts which are cited frequently.
"Convention on the basis of Article 34 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention)"
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64 1.4. Reference to an act in the title of another act (a) Where the title of an act refers to that of another act, the name of the institution is omitted from the title of the act referred to if it is the same institution1 and, in the case of acts which have a serial number or a reference number, the date of adoption is also omitted2. Where the institution is the same and the act has a serial number or reference number:
"Council Regulation (EU) No /2010 of extending the Annex to Regulation (EU) No /2008 establishing to cover other products" "Council Decision of on the implementation of Decision 2010//EU on "
Where the institution is not the same:
"Directive 2010//EU of the European Parliament and of the Council of amending Council Directive 93//EEC concerning/with regard to "
Where the act has neither a (serial) number nor a reference number:
"Decision of the European Parliament and of the Council of 17 December 2009 amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework Financing projects in the field of energy in the context of the European Economic Recovery Plan"
1 2
As regards "hybrid forms", see page 63. For the titles of amending acts see point (c) on page 124.
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65 Hybrid forms When several acts of different authors are cited, reference is always made to their respective authors (even if it concerns the same author as the author of the citing act). For example: Instead of: "Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC and Regulation (EC) No 2006/2004", write: "Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council".
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(b)
Where an act amends a section or a clearly identifiable part of another act, the citation of the title of the latter is replaced by an indication of the purpose of the amendment (usually starting with the words "as regards" or "in respect of"). It is never sufficient simply to give the serial number or reference of the act. Thus, where, for example, "Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of open network provision (ONP)" is being amended in part, the title of the directive amending it would read as follows:
"Directive 98/61/EC of the European Parliament and of the Council of 24 September 1998 amending Directive 97/33/EC as regards operator number portability and carrier preselection" and not simply "Directive 98/61/EC of the European Parliament and of the Council of 24 September 1998 amending Directive 97/33/EC".
(c) To render the title less cumbersome, reference to the act amended or referred to is in some cases shortened by leaving out those parts of it which are devoid of, or no longer of, any interest, e.g.: parts introduced by words such as "and amending" or "and repealing": Thus, the title of a regulation referring to "Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers [and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001]" would not include the second part of the title, (i.e. the part in square brackets),
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67 elements already mentioned in the title. Thus, at the end of the following example, the title of Regulation (EEC) No 1408/71 is not repeated even though it forms part of the full title of Regulation (EEC) No 574/72: "Council Regulation (EC) No 118/1997 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71", mention of the legal basis or procedure: thus, the part reading "defined (adopted) by the Council on the basis of Article of the Treaty on European Union", which, until May 1999, formed part of the title of a common position or joint action, is not included where the act is being amended, extended, implemented or repealed (all the more so where the numbering of the Article changes if the act in question was adopted before the Treaty of Amsterdam entered into force): "Council Decision 98/107/CFSP of 26 January 1998 amending Common Position 96/635/CFSP on Burma/Myanmar", and not "Council Decision 98/107/CFSP of 26 January 1998 amending Common Position 96/635/CFSP [, defined by the Council on the basis of Article 15 of the Treaty on European Union,] on Burma/Myanmar" (the part in square brackets is not included).
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(d) Where the title of an act must include that of a delegated or implementing act, the word "delegated" or "implementing" must always be included: For example: Council Implementing Regulation (EU) No /2010 of amending Implementing Regulation (EU) No /2010 (e) Where implementing regulations amending the Staff Regulations are concerned, the subject is referred to directly, with no mention of the Regulation laying down the Staff Regulations (the reason being the dispersal of basic provisions throughout several acts): "Regulation (EU, Euratom) No /2010 of the European Parliament and of the Council of amending the Staff Regulations of Officials of the European Communities [and the rules applicable to other servants of the Communities] [with regard to]", and not Council Regulation (EU, Euratom) No /2010 of the European Parliament and of the Council of amending Council Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations ".
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69 1.5. 1.5.1. Reference to an act in the body of another act First reference
1.5.1.1. General rule: reproduction of the title in full When an act is referred to for the first time in the body of another act, the title is quoted in full and is followed by a footnote (an Arabic numeral) giving, at the bottom of the page, the Official Journal reference1. For example: "Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organisation of the market in fishery and aquaculture products1
OJ L 388, 31.12.1992, p. 1."
In the case of decisions the publication of which is not obligatory but which have nevertheless been published, the reference number given to them by the Official Journal should be included [see page 60, point (b)(i)], even though the reference is not part of the title, "Council Decision 93/626/EEC of 25 October 1993 on the conclusion of the Convention on Biological Diversity1
1
OJ L 309, 13.12.1993, p. 1."
Depending on where the first reference is inserted, the more specific rules from points 1.5.1.2 onwards apply.
The general rule is that this note does not mention subsequent amendments or corrections. However, there is one exception: When the title of an act being codified has been amended, the first recital of the codifying act contains this title as amended. A footnote is added giving the original title of the act being codified as well as the subsequent acts amending it. For guidelines on Official Journal references: see page 93. Note, however, that as regards acts of primary law, that there should never be any reference to the Official Journal. For guidelines on dynamic and static references: see page 89.
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1.5.1.2. References in the citations The general rule of reproduction of the title in full applies. In the case of the acts concerning the conditions of accession and the adjustments to the Treaties, the act in question is referred to in a shortened form and without mentioning the Official Journal.
For example: "having regard to the Act of Accession of Austria, Finland and Sweden,"
or, depending on the context:
the 1994 Act of Accession1 (in particular for footnote references ). In the case of the Staff Regulations: the main part of the subject of the Regulation is cited followed by the serial number and the institution. For example: the Staff Regulations of officials (and the Conditions of employment of other servants) of the European Communities, laid down in Regulation (EEC, Euratom, ECSC) No 259/681, ...
_____________________
1
OJ L 56, 4.3.1968, p. 1."
The reference years for the various Acts of Accession are the following: 1972 (Denmark, Ireland and United Kingdom), 1979 (Greece), 1985 (Spain and Portugal), 1994 (Austria, Finland and Sweden), 2003 (Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia), 2005 (Bulgaria, Romania).
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1.5.1.3. References to acts in the recitals It is good legislative technique to mention in the recitals all the acts to which reference will be made in the rest of the act. Where an act is cited for the first time in the recitals the general rule of reproduction of the title in full applies. Specific rules apply to the following exceptions: where the subject of the act cited already appears in the title of the citing act, the serial number or the reference of the act and the name of the institution which is the author of the act: For example:
in the body of "Council Regulation (EEC) No 1741/81 of 26 June 1981 amending Regulation (EEC) No 2527/80 providing certain measures ", the amended Regulation will be cited as follows:
Council Regulation (EEC) No 2527/801 __________________
1
OJ L 258, 1.10.1980, p. 1."
where an act containing autonomous provisions amends another act at the same time, that part of the title beginning with "and amending ...." or "and repealing ... " is not cited if that part is irrelevant for the purposes of the citation (and above all if the amendment in question has in the meantime been replaced by another)1,
See example on page 64, point (c), first indent.
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where an act which refers to a common position or a joint action, the wording "defined (adopted) by the Council on the basis of Article ... of the Treaty on European Union", which formed, until May 1999, part of the title is not included in the case of amendment, prorogation, implementation or repeal of the said act1: For example: "On 29 April 1997, the Council adopted Joint Action 97/288/CFSP on the European Union's contribution to the promotion of transparency in export controls linked to the nuclear field1, ______________
1
OJ L 120, 12.5.1997, p. 1."
in the case of the Staff Regulations, the main part of the subject matter of the regulation is followed only by the number and the name of the institution, For example: " the Staff Regulations of officials (and the Conditions of employment of other servants) of the European Communities, laid down in Regulation (EEC, Euratom, ECSC) No 259/681 _____________________________
1
OJ L 56, 4.3.1968, p. 1."
The same solution is recommended for titles beginning "on the harmonisation of the laws of the Member States".
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when the subject of the act cited is paraphrased in the text in which it is referred to, only the serial number or the reference is reproduced. In such cases, the date of the act is not mentioned: "Council Regulation (EEC) No 2644/80 of 14 October 1980 laying down general rules for intervention in the sheepmeat and goatmeat sector" will be cited as follows: "By Regulation (EEC) No 2644/801, the Council laid down general rules relating to _________________________
1
OJ L 275, 18.10.1980, p. 8."
NB: Do not write: " by its Regulation (EU) No ",
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74 where to recall the subject of the act cited serves no purpose in understanding the context (this is particularly the case with references to an adoption procedure) the serial number or reference and the name of the institution which is the author of the act: For example: Council Regulation (EC) No 1258/1999 of 17 May 1999 relating to the financing of the common agricultural policy" will be cited as follows: " the provisions taken pursuant to the procedure provided for in Article 13 of Council Regulation (EC) No 1258/19991 _________________
1
OJ L 160, 26.6.1999, p. 103."
N.B. If, due to the context, part of the title (institution and/or date) is excerpted from the full title, the footnote containing the Official Journal reference remains nonetheless at the end of the shortened title: For example: "Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organisation of the market in fishery and aquaculture products1 ________
1
OJ L 388, 31.12.1992, p. 1."
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where, to make for easier reading of the text, it is preferable to cite the title in a footnote (in particular when several complex titles are cited at once) only the serial number or reference are reproduced in the body of the text:
For example: "Directive 94/60/EC 1 provides that the Commission is to submit to the European Parliament and the Council a proposal with a view to supplementing this list, at the latest six months after publication of an adjustment to technical progress of Annex I to Directive 67/548/EEC 2, which lists carcinogenic classified substances _______________
1
Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the 14th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L 365, 31.12.1994, p. 1). Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1).
where several acts are cited one after the other (as in the case of repealed acts), a presentation in the form of a list with dashes is to be preferred for reasons of clarity and/or readability.
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76 1.5.1.4. Citation of acts in the enacting terms
References to other acts in the enacting terms should be limited to those that are necessary. The enacting terms themselves must be understandable without the reader having to have recourse to other acts. In general, acts should be cited for the first time in the recitals. If this is not the case, and the act is cited for the first time only in the enacting terms, the same rules apply as for the citation of acts in the recitals.
1.5.1.5.
Citation of acts in an annex
It is rare that an act is cited for the first time in an annex. If this happens, the title must always be in the shortened form (type of act, serial number or reference), followed by a footnote containing the full title. 1.5.2. (a) Subsequent references to acts: short-form of reference When an act is referred to again in the body of an act, the title is given in a shortened form, i.e. the institution and the subject are not repeated; the date is given only if the act referred to has neither an official number nor a reference.
Regulation (EU) No /2010 provides for Regulations (EU) No /2010, (EU) No /2010 and (EU) No /2010 provide for Directive [Decision] 2010//EU provides for [The] Decision of [date] 2010 provides for 1
This is the case of unpublished acts.
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(b)
Where an act is not identified by a serial number or a reference, the title is quoted in full the first time it is referred to in the enacting terms, even if the act has already been referred to in the preamble. Where several unpublished acts adopted on the same day are cited, the title, in whole or in part, must be given in all the references, repeating, if necessary, the date.
(c)
If the act has been given an abbreviated name (formerly introduced by wording such as "hereinafter referred to as ", but latterly often simply set out within inverted commas within a parenthesis), this name is used in subsequent references in the text in question. Thus, in anti-dumping matters: the regulation which introduced the anti-dumping regime is generally known as "the basic Regulation"; the regulation which set up the provisional duty is generally known as "the provisional Regulation".
(d)
For citation of the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, see page 138, Section 2.2.
1.6. Punctuation (This section applies to the French version only).
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78 2. 2.1. CITATIONS General remarks (a) The citations, which appear at the beginning of the preamble, serve to indicate: the legal basis of the act1, proposals, initiatives, recommendations, requests, opinions, and consents which must be obtained as envisaged by the Treaties (procedural acts not provided for by the Treaties are mentioned in the last recital).
(b)
In the case of legislative acts, citations are added regarding: the transmission of a draft legislative act to national parliaments, the procedure followed (ordinary or special legislative procedure).
(c)
Care should be taken to ensure that the citation is a strict citation and does not contain material which should instead be included in the recitals. For example: if the repetition of the main content of the enacting terms, other than the legal bases, is necessary in order to understand the enacting terms, or in order to facilitate a judicial review of the validity of the act, that repetition must be done in the citations, Some preliminary procedural steps (opinions of technical bodies, some non-mandatory consultations) normally appear at the end of the preamble and are introduced by formulae such as "Having regard to the opinion of ......", "After consulting .....".
In Council Implementing decisions, the second citation should refer to the secondary legal basis which provides for the implementing powers or which can be interpreted as reserving a power to the Council.
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79 (d) All drafts and proposals for legislative acts addressed to the European Parliament and to the Council must be transmitted to the national parliaments1 and, therefore, contain the citations "after transmitting the draft legislative act to the national parliaments".
NB: This citation is introduced for legislative acts for which the draft (proposal, initiative, etc.) has been adopted and transmitted as from 1 December 2009 (see Article 2 of Council Decision 2009/937/EU adopting the Rules of Procedure of the Council).
2.2. Form
Both types of citation (legal bases and prior procedural steps) begin in the same way in most language versions (in English with the words "Having regard to") but with different forms in some other versions (e.g. in Dutch and German).
For example: "Having regard to the Treaty on the Functioning of the European Union ", "Having regard to the request of the Court of Justice". Where the Treaty calls for consultation of an institution or body and such consultation results in an opinion being given, the corresponding citation will read "Having regard to the opinion of .." and will be followed by a footnote containing the Official Journal publication reference or, in the absence of such, the reference "Opinion of [date] (not yet published in the Official Journal)". Where the Treaty calls for consultation of an institution or body, but such consultation does not result in an opinion being given, the corresponding citation will read: "After consulting ," or "Having consulted " (without a footnote reference or other information)
See Protocol No 1 on the role of national parliaments; Article 2, first paragraph. As regards the conditions set down by Protocol No 2 on the application of the principles of subsidiarity and proportionality, national parliaments may address a reasoned opinion on whether the a draft legislative act complies with the principle of subsidiarity.
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80 In the case of the ordinary legislative procedure (Article 294 TFEU) or the special legislative procedure, the citation concerning transmission of the draft legislative act and the reference to the procedure itself are as follows: "After transmission of the draft legislative act to the national parliaments," "Acting in accordance with the [ordinary] (special) legislative procedure [in the light of the joint text approved by the Conciliation Committee on , ]".
2.3.
Punctuation In the English text, citations begin with a capital letter and end with a comma.
2.4.
Footnotes Citations giving the legal basis (except certain basic acts such as the Treaties, Acts of Accession and the ACP-EC Partnership Agreement) and citations concerning acts of participation by institutions and bodies of the Union, such as proposals1, recommendations or opinions, are followed by a footnote reference. Normally the footnote gives the number of the Official Journal of the European Union in which the legislative act or act of participation in question was published (ending with a full stop): "OJ C 17, 22.1.1996, p. 430." If the act has not been published, the date on which it was delivered is indicated: "Opinion [Assent] of 1 April 2010 (not yet published in the Official Journal). NB: Documents internal to the institutions are not usually cited in the footnotes.
Since January 2003, legislative proposals adopted by the Commission are published in the C series of the Official Journal only in the form of lists showing the corresponding internal documents which may be consulted on the internet. Citations regarding such proposals are therefore not usually accompanied by a footnote.
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81 3. RECITALS
3.1.
General The recitals should state concisely the reasons for the main provisions of the act. The obligation to state the reasons derives from Article 296 TFEU.
3.1.2.
Content of recitals (a) The recitals should constitute a genuine statement of reasons and should therefore not contain the legal bases (which should already appear in the citations), repeat a provision already cited as a legal basis, or simply reproduce some of the provisions of the enacting terms which follow. Neither should recitals contain provisions which lay down a law or amount to political exhortations. Anything which is not of direct relevance to the reasons for the enacting terms should be avoided1. The recitals must relate to the enacting terms and the order should correspond as far as possible to that of the provisions to which they relate. Naturally, there is no need to justify each provision individually. In accordance with point 3.1.3, the extent of the obligation to state the reasons for provisions depends on the nature of the act. In the case of acts intended for general application (a regulation, for example), the reasons may simply be an indication of the general situation which led to the adoption of the act and the general objectives which it is designed to achieve2; it need not necessarily specify, far less appraise, the facts which led to its adoption3.
(b)
(c)
This is on the understanding, however, that it may be thought useful to give reasons why certain aspects are not covered by the act in question. See the judgment of the Court of Justice of 19 November 1998 in Case C-284/94 Spain v Council [1998] ECR I-7309. See the judgment of the court of Justice of 6 November 2003 in Case C-501/01 Netherlands v Commission [2003] ECR I-13263.
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In the case of decisions within the meaning of Article 296 TFEU, it is sufficient to give a brief but clear and relevant explanation of the main points of fact and law on which they are based1. It would be excessive to require a specific statement of reasons for each of the choices made2. It should be noted that the reasons given should also justify, if necessary, conformity with the principles of subsidiarity and proportionality3. In the case of legislative acts, as regards the conditions set down by Protocol No 2 on the application of the principles of subsidiarity and proportionality, national parliaments may address a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity. Such reasoned opinions may only concern areas of non-exclusive competence. If one of the thresholds provided for in Protocol 2 regarding the number of votes represented by the parliaments which issue reasoned opinions is reached, it is necessary to add specific citations to explain the decision to maintain or amend the draft legislative project. (d) The extent of the obligation to state reasons also depends on the provision in question. Thus, certain provisions be reasoned with particular care, in particular those provisions which: are taken by derogation, are not part of the usual legal regime, constitute exceptions to general principles, such as retroactive provisions, threaten to cause prejudice to interested parties, set the entry into force at the date of publication.
2 3
See the judgment of the Court of Justice of 4 July 1963 in Case 24/62 Germany v Commission [1963] ECR 143. See judgment of the Court of Justice of 22 January 1986 in Case 250/84 Eridania [1986] ECR 117. See the judgment of the Court of Justice of 13 May 1997 in Case C-233/94, Germany v. The Commission [1997] ECR I-2405. For the standard formulation see page 184, section 3.
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3.1.2.
Purpose of stating reasons The purpose of stating the reasons is to give the parties concerned in a possible dispute the opportunity of defending their interests, to enable the Court to exercise its powers of supervision and to allow the Member States, and any national of these States who so wishes, to know the justifications for the measures taken and to assess whether an act is or is not well founded1.
3.1.3. Legal importance of recitals

The Court of Justice has ruled that the recitals to a Community act are not legally binding; in particular, they cannot be relied on as a ground for derogating from the actual provisions of the act2. This does not mean, however, that recitals have no legal effect. (a) If the reasoning set out in an act for which a statement of the reasons is compulsory is wanting or is not sufficient to fulfil the requirements laid down in the Treaties and those imposed by the relevant case-law of the Court, the Court may annul the act for breach of essential procedural requirements within the meaning of Article 263 of the TFEU. (b) The Court often refers to the recitals in order to interpret the enacting terms of an act3. (c) Recitals are of particular importance in order for the Court to assess whether the Community legislator has not made obvious errors in areas where it enjoys a margin of appraisal. (d) Recitals may under certain circumstances give rise to legitimate expectations of individuals, or, on the contrary, may limit such expectations4.
See the judgments of the Court of Justice in Case 24/62 (cited above) and in Case C-400/99 Italy v Commission [2005] ECR I-3657. See also the judgment of the Court of First Instance of 12 December 2006 in Case T-228/02 Organisation of Modjahedines v Council [2006] ECR II-4665. Case C-162/97 Nilsson et al [1998] ECR I-7477 at paragraph 54. A recital in the preamble to a regulation which does not correspond to any of the provisions which it contains can generally not be relied on to interpret the regulation, cf. Case C-308/97 Manfredi [1998] ECR I-7685 at paragraph 29. E.g. Case C-244/95 Moskof ECR [1997] I-6441 at paragraphs 78 and 86 and Case C-288/97 CCAA [1999] ECR I-2575, at paragraph 19. E.g. Case C-284/94 Spain v. Council [1998] ECR I-7309 at paragraphs 43 and 44 and Case C-22/94 Irish Farmers Association [1997] ECR I-1809 at paragraphs 23-25.
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84 3.2. Form (a) In most acts, when there are several recitals, they are introduced by "Whereas:" which appears once as a heading for all that follows in the preamble. If there is only a single recital, it starts with the word "Whereas" and continues as one sentence. A recital may consist of several elements. In this case, each element is linked to the former without "whereas" or "and whereas" being added beforehand. Each recital takes the form of an independent sentence, beginning with a capital letter. (b) If there is more than one recital, each is preceded by a numeral (Arabic, rather then Roman) which appears in brackets on the left. (c) In some acts (e.g. anti-dumping rules), the reasons for the action taken are given, because of their complexity, as a series of headings (A, B, C, etc., with a heading and an Arabic numeral in brackets in the margin). (d) The reasoning given in the preamble to some acts (for example, recommendations) follows a different structure. Generally speaking, the various elements are introduced, in particular, by wording such as "recalling ", "desirous of ", "considering that ".
3.3.
Punctuation In English texts "Whereas:" has an initial capital; in agreements, the whole word appears in capitals. A single recital is followed by a comma. If there is more than one recital, each recital is followed by a full stop except the last, which is followed by a comma. Where a recital consists of several elements, each subsequent element is separated by a full stop and the word following the full stop bears an initial capital.
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85 4. ENACTING TERMS
4.1.
General (a) The enacting terms form the legislative part of the act. This means that: the enacting terms of a binding act should not contain provisions of a non-normative nature, such as wishes or political declarations, or those which repeat or paraphrase passages or articles from the Treaties or those which restate legal provisions already in force, in English, the auxiliary "shall" is used generally in enacting terms1. However, in resolutions and, generally speaking, in the annexes to all acts, the "will" or "must" form is to be used, rather than "shall".
(b) The enacting terms are, as far as possible, drafted along the lines of a standard structure: subject matter and scope, definitions, rights and obligations, provisions on the delegation of powers to the Commission and/or provisions conferring implementing powers, procedural provisions, including: (i) procedures concerning delegated acts (ii) procedures concerning implementing acts implementing measures, transitional and final provisions.
They are divided into articles, and, depending on their length and complexity, into titles, chapters and sections. Whereas Articles may, titles, chapters and sections should (each) bear a title showing their purpose. If need be, a table of contents should precede lengthy acts or voluminous annexes.
The verb is expressed in the present tense in French.
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(c) The use of the word "provisions" before the title of an act or before a subdivision of the enacting terms is superfluous (in the preamble, the enacting terms and elsewhere) unless the provisions concerned are provisions whose nature or content is being described or provisions which do not figure in the text under consideration:
but
Regulation [Article ] shall apply in the case referred to in Article ... Pursuant to Article 2(1) Subject to Article 5
The relevant provisions of Article (necessarily restrictive formula) The provisions of Regulation [of Article ] concerning (part of the Regulation or Article) The provisions referred to in Article (provisions which already exist and to which the Article refers) The provisions provided for in Article (provisions to be taken by virtue of the Article itself).
4.2. Subdivision of the enacting terms

Designation I. Higher subdivisions 1 Part Title Chapter Section Part I, II (or: Part One, Part Two) Title I, II Chapter I, II (or 1, 2) Section 1, 2 (in) Part I, II (or: in Part One, Part Two) (in) Title I, II (in) Chapter I, II (or 1, 2) (in) Section 1, 2 Symbol Method of reference Comments These subdivisions may or may not have a title Used (together or singly) in certain long and highly structured texts
2 3 4 5
Where these subdivisions are accorded different degrees of rank in the same text, the use of Roman numerals for each should be avoided; use should be made of a combination of the various possibilities (ordinal adjectives, Roman numerals, Arabic numerals). For the numbering of new articles for insertion, see point 1.2.3 on page 127. Method of referring to lower subdivisions of such points: e.g., "point I.(a)", "point A.(1)". Method of referring to combinations of such points: e.g., "point (a)(i)", "point (1)(i)". Reference to the introductory wording may be made by words such as "at the beginning of, "the introductory words of" or "the introductory part of". The introductory phrase ends with a colon (:). When, within a paragraph, points (a), (b) etc. are not preceded by an introductory phrase, they are deemed to be genuine subparagraphs and end with a full-stop. For purposes of presentation, "sub-indents"" (additional indent further to the right) and "double-indents" (=) should not be used in lists, etc.; if necessary, use should be made of (i), (ii) etc. Where there is no possibility of ambiguity, "point" may be omitted in English, e.g. "in (a)", as opposed to "in point (a)".
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Designation II. Basic subdivisions Article or Point 3 III. Lower subdivisions Paragraph+ (numbered) Paragraph (unnumbered) Subparagraph Point 4 1, 2 None (in) paragraph 1, 2 (in) the first paragraph I, II (or A, B) I. (or A or 1) (in) point I, II (A, B) * (in) point I (A, 1) Used in certain recommendations Subdivisions do not have a title Independent subdivisions of an Article Non-independent elements of an article Non-independent element of a lengthy paragraph Generally preceded by introductory wording 5 Punctuation: see point 4.5 on page 107. Sole Article or Article 1, 2 (or I, II) (in the) Sole Article (in) Article 1, 2 (or I, II) Symbol Method of reference Comments These subdivisions may or may not have a title Continuous numbering (even where there are higher subdivisions) 2
None (a), (b) (1), (2) (i), (ii), (iii), (iv)
(in) the first, second, final subparagraph **
(in) (point) (a), (b) * (in) (point) (1), (2) (in) (point) (i), (ii)
Indent 6 Sentence (or, for example, where there is no finite verb, phrase)
None in the first indent in the first sentence/phrase preceded (except at the beginning of a text) and followed by a full stop.
Note that in English, there can be both numbered and unnumbered paragraphs. Care must therefore be taken when rendering into English the French term "alinea", which can correspond to either an unnumbered paragraph or a subparagraph.
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4.3.
Rules for referring to the subdivisions of the enacting terms
4.3.1.
The structure of references (a) When reference is made to a provision, it is often necessary to indicate a number of subdivisions in order to situate the provision precisely. In English texts, the tendency is to proceed from the particular to the general except in the case of numbered subdivisions of articles, or where there is otherwise no risk of confusion. The exact place in the text may also be indicated:

NB:
the second sentence of Article 1(1)* at the beginning of the third subparagraph of paragraph 1
The subdivisions must be written as indicated on pages 84 and 85 and should not be abbreviated (e.g. "Art." for "Article" or "" for "paragraph").
(b) The only higher subdivisions to which reference is made are those which are not common to the provision referred to and the place where the reference is being made. For example, if reference is made in the first indent of point (b) of Article 3(1) to the second indent of point (a) of the same paragraph, the reference in point (b) would read:
in the second indent of point (a) and not in the second indent of point (a) of Article 3(1) or in the second indent of point (a) of this paragraph
A distinction should be drawn between "Article 1(1)" (where paragraph 1 is not preceded by introductory wording) and "point 1 of Article 1" (where point 1 is preceded by such wording).
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NB:
When reference is made to articles which themselves appear in one or more "higher" subdivisions (part, title, chapter, section), it is unnecessary to mention these subdivisions since the articles are numbered continuously throughout the act:
Article 2 and not Article 2 of Section I.

4.3.2. Lists of subdivisions (a) When subdivisions of the same type are listed and one or more is accompanied by "lower" subdivisions, the rule set out in point 4.3.1 is to be followed, with the subdivision type being repeated for each reference:
Article 1 and Article 2(1) (and not Articles 1 and 2(1)) point (5) of paragraph 1 and the second subparagraph of paragraph 2, (and not paragraphs 1, point (5) and 2, second subparagraph,)
(b) Where subdivisions of the same type are listed and are not accompanied by "lower" subdivisions, the method of referring to them is simplified inasmuch as the subdivision type is not repeated each time:
Chapters I and II (rather than Chapter I and Chapter II) Articles 1, 4 and 9 Articles 1 to 4* Articles 1 to 4 and 9 the first and third indents )
There is no need to add "inclusive" here, since every element cited is automatically included.
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NB:
If reference is made to three directly consecutive figures, they should preferably be indicated individually rather than be given in a contracted form:
Articles 2, 3 and 4 (rather than Articles 2 to 4)

(c) Often the forms of reference outlined in (a) and (b) are combined:
Article 1, Article 5(2) and (3) and Articles 6 to 9

4.3.3. Expressions to be avoided in references When, within an act, reference is made to a subdivision of the same act, the words "preceding", "following", etc., should be avoided, in favour of the exact reference to that subdivision. In addition, phrases such as "abovementioned" or "set out below" should not be added to the exact reference. Finally, the phrase "of this Regulation (Article, paragraph, etc.)" should not be added unless there is a likelihood of confusion*. For example, within an article, a reference in paragraph 2 to paragraph 1 of the same article should read:
"The procedure laid down in paragraph 1 " and not: or: or: in the preceding paragraph
in paragraph 1 above (except to avoid ambiguity): in paragraph 1 of this Article etc.
In this context, "this Regulation" is always rendered in French texts by "le prsent rglement". "That" should be used in English texts where there is a risk of confusion with a regulation, article, etc. which has just been referred to. Alternatively, the number of the regulation just referred to can be repeated. Care must be taken in the use of "this" and "that".
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4.4.
References (internal and external)

References should indicate precisely the act or provision to which reference is made. Cross-references (references to an act or an article which itself refers back to the initial provision) and serial references (references to a provision which itself refers to another provision) should be avoided.
4.5.
Dynamic and Static references

A "dynamic reference" means that a provision to which it refers is always taken to refer to that provision as it has, if applicable, been amended. However, dynamic references may pose a problem as regards the determination of a normative act, in the sense that the content of the provision to which reference is being made is not predetermined but varies on the basis of any subsequent amendments of that provision. A "static reference" means a reference to a specific text and its content on a specific date by indicating the title of the act, its source and by specifying, where necessary, the amending act (for example, Articles XXX of Regulation ..., as amended by Regulation ..."). If the rule to which reference is being made has been amended or repealed, the rule which makes the reference should, if necessary, also be amended. References to legal acts that are internal to the Union are dynamic references, unless the contrary is indicated.
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4.6.
Publication
Publication in the Official Journal is a condition of applicability of legislative acts and of certain categories of nonlegislative acts and can have an effect upon their date of entry into force (see Article 297(1) and (2) TFEU). For publication in the Official Journal, Article 17 of the Council's Rules of Procedure distinguishes between acts: (a) which are published automatically (paragraph 1)1;
(b) which are published unless the Council or Coreper decides otherwise (paragraph 2): (c) publication of which is decided on a case-by-case basis (paragraphs 3, 4 and 5).
In view of these provision of primary and secondary legislation, an article providing for publication appears to be unnecessary. The decision to publish acts falling under point (c) is entered in the verbatim report of the Council's deliberations.
It should be noted that the Rules of Procedure of the Council provide for the publication of a number of acts whose publication is not, according to the TFEU, strictly-speaking obligatory.
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93 5. ANNEXES The Annex to an act generally contains technical rules or information which, for practical reasons, do not appear in the enacting terms themselves and which are often in the form of a list or table. The enacting terms must always set out clearly, in the proper place and by means of a reference (e.g. "contained in the Annex", "contained in Annex I", "set out in the Annex"), the connection between the provisions therein and the Annex. The Annex is always implicitly an integral part of the act to which it is attached1. The form, style and numbering of Annexes are not fixed. However, the text of the Annex should have the word "ANNEX" on the first page and, if there are several annexes, that reference is followed, in general, by a roman numeral. For the sake of clarity, the Annex should have a title. For the sake of clarity, the Annex should have a title. In English the mandatory "shall" form should be avoided as far as is possible in Annexes; "will" or "must" generally suffice. (see also the second indent of point 4.1(a) on page 83). Note that, in English, an Annex is described as the Annex "to" the principal document.
Thus, when a provision of the act is cited in the Annex thereto, the general wording is e.g. "the list provided for in Article ".
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6.
FOOTNOTES
6.1.
General (a) In general, the purpose of footnotes is to refer to the number of the Official Journal of the European Union1 in which the act referred to was published. They may also contain any other purely documentary information. However, they do not give reference numbers of documents internal to the institutions themselves (e.g. reports, notes, etc.).
(b) Footnotes which have any other purpose should be avoided as far as possible. It is preferable to incorporate the content of such notes in the text of the act. However, footnotes are an integral part of the act in so far as they are a result of the will of the institution which drafted them, and they have the same binding force as the provisions of the act itself. The same applies, inter alia, to the annotations referring to tariff headings which are frequently found in Annexes2. On the other hand, references of a purely documentary nature (such as reference to OJ publication dates) are of a purely informative nature only. (c) Since October 2008, the institutions no longer refer, in the text or the footnotes, to the last amendment of the cited act, unless to do so is necessary to the reader's understanding of the act cited. Unless stated otherwise3, acts referred to in published texts are understood as referring to acts in their final version in force.
1 2
The official name before 1 February 2003 was the "Official Journal of the European Communities". Judgment of the Court of Justice of 20 June 1973 in Case 80/72 Koninklijke Lassiefabrieken [1973] ECR I 665, paragraphs 14 to 17. See page 89, point 4.5.
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95 6.2. References to the Official Journal (a) The system of numbering the pages of the Official Journal by individual issues came into existence on 1 July 1967 (OJ 138); before that date, the page numbering was continuous throughout the year. The division of the Official Journal into "L" (legislation) and "C" (communication and information) series was introduced on 1 January 1968. Thus, reference to an Official Journal in which an act is published is as follows: Acts published before 1 July 1967:
OJ 106, 30.10.1962, p. 2553/62.

Acts published between 1 July and 31 December 1967:
OJ 174, 31.7.1967, p. 1.
Acts published after 1 January 1968:
OJ L 99, 5.5.1970, p. 1.
For acts for which only an electronic version exists, the reference is as follows: OJ C 365 E, 19.12.2000, p. 135. (b) In Union acts, the Official Journal of the European Union is cited simply by the abbreviation "OJ".
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II.
VALIDITY OF ACTS1
1.
ENTRY INTO FORCE, TAKING EFFECT AND APPLICABILITY (a) Under Article 297(1) TFEU, legislative acts enter into force on the date specified in them or, if no date is specified, on the twentieth day following that of their publication2. In practice, the final article of legislative acts generally specifies an exact date or a date defined by reference to the date of publication. In accordance with Article 297(2), second subparagraph, TFEU those rules also apply to nonlegislative acts adopted in the form of regulations, directives addressed to all of the Member States, and decision that do not indicate an addressee. The date of entry into force is always in the future.
(b)
According to the third subparagraph of Article 297(2) TFEU, non-legislative acts adopted in the form of directives addressed to individual Member States, and decisions in which the addressees are named, are notified to the addressees thereof and take effect as a result of that notification.
1 2
For details of the rules covering time limits, dates, etc., see page 102, point 3. For more information on the publication of acts of the Council, see page 90, point 4.6.
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97 (c) Where the date of applicability of a regulation or of some of its provisions does not coincide with the date of entry into force (retroactive or deferred application), the words "it shall apply from ..." should be used in the last article, in the case of regulations, as follows:
"Article This Regulation shall enter into force on [This Regulation shall enter into force on the () day (following that of) of its publication in the Official Journal of the European Union].1 2 It [Article ] shall apply (from ) (until ) (from . to .)".
In the case of retroactive or deferred application, another method is often adopted whereby, in an Article other than the last, terms such as the following are used: "for the period to " "from to (in the case of tariff quota regulations, for example)" "with effect from [from] "
Where application is retroactive, the wording "shall enter into force on the day of its publication " should be used. Entry into force on the very day of publication require a specific recital setting out the reasons for such. Expressions such as "inclusive" are to be avoided, as they serve no useful purpose.
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98 2. 2.1. REFERENCES TO DATES AND TIME LIMITS General Provisions setting out date and time-limits are given in a precise manner, preferably by indicating the date expressed in figures (day/month/year). This method avoids calculation, errors or ambiguities and affords precise wording. If possible, the following should be avoided: reference to another article in which the date in question is mentioned (this method calls for the place in the text to be precisely identified, which can prove cumbersome):
"the date referred to in the second sentence of the first subparagraph of Article 12(1)"
a descriptive reference (this method gives rise to relatively lengthy formulae and entails looking for the relevant provision):
"the date from which Member States are to comply with this Directive" "three years from the date of entry into force of this Regulation" In a number of cases it is possible to simplify a more complex reference by replacing it by the precise date. Thus, the sentence "The Commission shall present a report two years at the latest after the entry into force of this Regulation." can be replaced (if entry into force is 1 January 2010) by "The Commission shall present a report before 1 January 2012.". Where the date is not known because the act in question is not yet published in the Official Journal, a blank space is left, together with a reference, in the form of an asterisk, to a footnote; the footnote contains the details which enable the Publications Office to complete the text at the time of publication1*:
1 *
In the case of anti-dumping regulations, it is advisable to contact the DG before adopting the specific date solution. The practice is to include such instructions to the Publications Office only in the base language version of a particular act. It is thus not necessary to reproduce them in each language version.
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"The competent authorities may allow their credit institutions to apply a 50 % risk weighting to the loans outstanding on *. In this case, the property shall be valued not later than **. _____ ___________ * Two years from the date of entry into force of this Directive. ** Five years from the date of entry into force of this Directive."
2.2. Amending acts If, when an act is being amended by another act of the same name, the use of a reference to "this Regulation" or to "this Directive (Decision)" is intended to designate a date or period, care must be taken not to cause confusion with regard to the two acts. This is particularly the case for instances where the expression occurs in a part of the text which contains the amended text appearing in inverted commas. In this place, such a reference (e.g. to "the entry into force of this Directive") refers to the basic act. If, on the other hand, it is the amending act to which reference is being made, a direct reference to such act in the amended text is to be avoided; the desired objective may, however, be attained by replacing the reference by some other indication (generally by the corresponding date, in numerical form).
Example (of a mistake): See OJ L 42, 12.2.1987, p. 45 Directive 87/101/EEC amending Directive 75/439/EEC "Article 1 1. Articles 1 to 6 shall be replaced by the following Articles: "Article 7 On the basis of this information, the Commission shall submit to the Council, within five years following notification of this Directive, a report " Correct wording: " shall submit to the Council, by [at the latest on] 1992, a report"1
Explanation: Article 7 (a new provision) has to be inserted into the basic directive; "this Directive" would therefore mean the directive of 1975. However, a simple calculation will show that the 1987 Directive (+ five years = 1992) is what the author intended to refer to (since 1975 + five years = 1980, year already past in 1987, the date of adoption of the amending directive).
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100 2.3. Transposition of directives The transposition of a directive by Member States comprises the adoption, publication and entry into force of the provisions of national law. (a) Some directives fix separate dates for adoption and publication, on the one hand, and application, on the other;
(b) Most directives simply give one overall date by which Member States have to conform to the provisions thereof (thus leaving Member States to determine the course to be taken by the various stages of transposition). Rather than a final date1 (introduced by wording such as "at the latest on", "by" or "before", all of which afford some lee-way as regards timing) sometimes a single, fixed date is used; this obliges all Member States to apply the directive's provisions as from the same date. The forms listed above should be examined in each case to ascertain which is the most appropriate2.
Expressions such as "brought into application", "made to apply" or "application" for the final date of transposition are not to be recommended. Such expressions, interpreted strictly, refer to the actual application which, generally speaking, ("at the latest") varies from one Member State to another; they should preferably be replaced by a definite date. However, it should be noted that, for its proposals for directives, the Commission uses only two standard models.
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101 Standard wording for transposition clauses 1.Article 1 1. Member States shall bring into force the laws, regulations, and administrative provisions necessary (take the necessary measures) to comply with this Directive before (with effect from )2 (within a period of as from the date of its entry into force (adoption). They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the (main) provisions of national law which they adopt in the field covered by this Directive. (The Commission shall inform the other Member States thereof.)
To be used when the national provisions can be adopted and applied on a date that the Member States choose provided that such date is not after the deadline given in order to comply with the directive. The date to be indicated is that of the start of the new arrangements (i.e. "1 January 2002" and not "31 December 2001").
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102 2. Article 1 1. Before Member States shall (, after consulting the Commission,) adopt and publish the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions from (at the latest). When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. As soon as this Directive has entered into force, Member States shall ensure that the Commission is informed, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.]
3.
Article 2 Member States shall adopt and publish, not later than , the laws, regulations and administrative provisions necessary to comply with this Directive before . They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
To be used when it is necessary for the national provisions to apply as from the same date in all of the Member States. To be used when the national provisions must be adopted and published before a set date but the Member States are free to choose the date of application provided that such date of application is not after the deadline given in order to conform with the directive.
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103 4. Article Member States shall communicate to the Commission their laws, regulations and administrative provisions with regard to the application of this Directive. 5. Article 1 Member States shall immediately inform the Commission of measures taken pursuant to this Directive. Correlation Tables Directives occasionally refer to "correlation tables" between the directive and the implementing measures adopted by the various Member States. Such a reference may be made in an Article or in a recital. Example of article: "They (the Member States) shall communicate immediately to the Commission the text of those provisions and a correlation table between them and this Directive." Example of a recital: "(...) In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make those tables public, __________ OJ C 321, 31.12.2003, p. 1.".
This wording is used when the directive makes provision simply for the right to take measures.
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104 NB: The choice (a) to insert or not a reference and (b) as regards the form of such reference (legal obligation in the form of an article or mere "encouragement" in the form of a recital) is a question of substance in which the lawyer-linguists cannot not involve themselves without running the risk either of changing the legislator's intent or of litigation before the Court of Justice. In summary, this reference must not be changed during the legal-linguistic revision.
3.
METHODS OF INDICATING THE BEGINNING AND END OF PERIODS OF VALIDITY AND DEADLINES (a) Beginning of periods of validity Unless it is expressly stated to the contrary, a period begins at 00.00 hours on the date indicated. Some of the expressions used to indicate the beginning of a period are:

NB:
from (to ) with effect from since to take effect on to enter into force on
The expression "after" should not be used because it may lead to confusion. If it is used, the date which follows "after" should be the date preceding that on which the period begins. The expression "after 31 December 1998" means "1 January 1999 or any date thereafter".
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105 (b) End of periods of validity1 2 Unless it is expressly stated to the contrary, a period ends at midnight on the date indicated3. Some of the expressions used to indicate the end of a period are:

(c)
until applicable until the entry into force of , but at the latest until (from to ) to expire on shall be repealed on shall cease to be applicable on
Deadlines Time limits end at midnight on the date indicated3. Where a decision is to be taken, the following wording should, for the sake of clarity (since even the last day is of importance) be used: by at the latest or, preferably by (See footnote 2 on page 95) Where a report is to be lodged, a proposal submitted or a time limit adhered to (e.g. in the case of directives) instances where it is unlikely that the task will be carried out on the last day the following simplified form is used: before NB: The expression "before " must be followed by the date which follows the end of the period. The expression "before 1 January 1999" means "by 31 December 1998".
1 2 3
Note in this context leap years, the next being 2012, have 29 days in February. This footnote does not concern the English version. See Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1) "inclusive" is superfluous here.
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106 III. INDICATIONS FOR DRAFTING
1.
USE OF PRECEDENTS Frequently acts are drawn up, in whole or in part, on the basis of earlier or similar acts. This is so where provisions which are no longer in force (e.g. the annual fixing of prices) must be extended or updated or where provisions similar to those applicable in other sectors are to be adopted ("horizontal texts"). There is no need to repeat word for word previous or similar formulations. Any improvements which seem appropriate may be made and errors should be corrected. Changes which are not absolutely necessary should, however, be avoided so that the persons or institutions to whom the provisions in question are addressed are not given the false impression that material differences exist between the old and new texts.
2.
LEGAL TERMS Legal terms cover precise ideas and notions. Thus it is important always to use the same term for the same notion and it is also important not to give a wider or narrower interpretation to a given notion in one language or another. Thus a distinction must be made, for example, between "to adopt provisions" and "to take measures". "Measure" has a wider meaning than "provision" and covers not only written law but also other types of action (practical arrangements, checks etc.). In Union texts it is often necessary to avoid using a term of national law which has no satisfactory equivalent in one or more Member States and which does not cover exactly a given notion or corresponds to a more general notion (see point 5 of the Joint Practical Guide). In such a case a new, more appropriate, term should be used in its place (even if it is perhaps less elegant).
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107 3. STRUCTURE OF TEXTS For practical reasons, in particular so that references can be identical in all languages, the subdivision of a text into sentences (a sentence being the text between two full-stops, with the exception of the first sentence) must be the same in all languages. When this principle causes difficulties in one or more of the languages, the sentence should be divided up by semicolons. Since articles and paragraphs are autonomous, self-contained units, it is useful and often indispensable, for the sake of clarity, to repeat terms from article to article or from paragraph to paragraph and to give complete references, as in the following example:
Instead of: "1. The Council shall take all measures necessary 2. It shall adopt these measures in accordance with the procedure " the following is to be preferred: "1. The Council shall take all measures necessary 2. The Council shall adopt the measures referred to in paragraph 1 in accordance with the procedure "
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108 4. 4.1. 4.1.1. RULES FOR USING CERTAIN TERMS Use of capital and small letters (upper and lower case) Use of capitals (upper case) In the English text, the usual rules regarding initial capital letters, e.g. for days of the week, months of the year, the beginning of sentences, etc., apply to: (a) the beginning of a text in a table;
(b) names of countries as described in terms of geography:
Belgium
(c) names of countries as designated in terms of protocol1:
the Kingdom of Belgium

(d) designations as to nationality, as an adjective or a noun;
For further details, see the Interinstitutional style guide, point 10.2. See the Interinstitutional style guide, Annex A5.
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109 (e) names of Heads of State or Government:
His Majesty the King of the Belgians the Prime Minister

(f) titles of organisations and institutions*: the United Nations the World Health Organisation the European Union the European Parliament the Court of Justice the European Economic and Social Committee the Court of Auditors the European Agricultural Guidance and Guarantee Fund (EAGGF)
but some titles and names are written with small letters:
the French overseas departments; the overseas countries and territories

NB: Where the title is a combination of institutions or organisations, capitals are used:
the Council of the European Union the Commission of the European Communities
The abbreviation "GATT" is, by way of exception, also the name of the organisation itself. Where the text of the Agreement is meant, the title should be given in full in a citation, followed by the abbreviation, e.g. "the General Agreement on Tariffs and Trade (GATT)".
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(g) official names of administrative bodies:
the General Secretariat of the Council

(h) abbreviations (each letter as a capital, without full stops in between, where each letter is the initial letter of a word)1:
EC, UN, WTO, GATT

NB: Sometimes, where at least one of the letters is not an initial letter, the abbreviation is written with an initial capital only, e.g.: Euratom; however, the following are written in capitals in English:
CREST, COST
4.1.2. Use of small letters (lower case)
symbols for units of measurement which are not derived from the names of individuals are to be written in the lower case; e.g. km, kg (as opposed to V, W); "euro"2: written in the lower case when used in general terms as a denomination without a figure e.g. "the euro is holding its own on the market at the moment, as is the dollar", but use the acronym when referring to an amount, thus: "EUR 12 million is the amount agreed upon".
1 2
See the Interinstitutional Style Guide, point 10.6 and Annex A4. See commentary on page 114, third paragraph.
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111 For the record This page was intentionally left blank in the English version to coincide, for the purposes of pagination, with the French (which was taken as the model for the lay-out).
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4.2.
Abbreviations, initials, acronyms, etc.1 (a) Abbreviations, in particular in the form of distinguishing abbreviations or truncated words (acronyms), are to be avoided as far as possible (except for special cases such as numbers, document references, lists, tables, etc.)2:
the European Union (for the first reference, or the short title "Union" for subsequent references: see page 137, point 2.1). and not the EU the European Atomic Energy Community and not Euratom or the EAEC
One outstanding exception, however, is: the "ACP-EC Partnership Agreement". (Now referred to as the "ACP-EU" Agreement ) When an abbreviation is commonly used, as happens in particular in the case of bodies or programmes or concepts for specific fields3, the full name may be accompanied by the abbreviation in brackets; this abbreviation is not necessarily derived from the name in the language in question. Cases where each language uses its own abbreviations:
European Agricultural Guidance and Guarantee Fund (EAGGF)

NB: In this particular case, however, the initials used individually by each of the languages result in an identical set of initials in the Romance languages.
2 3
See the Councils multilingual glossary of abbreviations (1994) edited by the Office for Official Publications of the European Communities (ISBN 92-824-1175-3). Information gleaned from the Glossary will need to be adapted to the agreed methods of writing, spelling, etc. of the Interinstitutional Style Guide (point 10.6 and Annex A4). See also second indent of point 1.3(b) on page 59 for titles, etc. E.g. TAC (total allowable catch) the same for all Community languages the French being an abbreviation of "total admissible des captures" since the United Nations Convention on the Law of the Sea, 1982 (Article 66(2)). The abbreviation "TAC" is used in all Community languages, except for Latvian and Lithuanian.
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113 Cases where the abbreviation used in one language is adopted by all the others:
United Nations Relief and Works Agency for Palestine Refugees in the NearEast (UNRWA)
NB: All Union languages use the English abbreviation for this body.
Cases where some languages use their own abbreviation whereas others take over one belonging to another of the languages:
Organisation mondiale du commerce (OMC)

NB: Most Union languages use the English abbreviation "WTO" for the World Trade Organisation.
(b) When a long title has to be quoted several times in the same text, it is often advisable to use an abbreviation or a shortened version of the title. When for example a body or programme is commonly known by its abbreviation, the abbreviation should be used:
First reference:
The Scientific and Technical Research Committee (CREST)

Subsequent references:
CREST (or, where there is no likelihood of ambiguity: "the Committee")

If there is no common abbreviation, a shortened version of the title should be used: first reference:
the Standing Committee on Employment (hereinafter referred to as "the Committee")

subsequent references:
the Committee
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114
(c)
Units of measurement and units of currency are generally written out in full, except in tables and lists.
NB.:
An exception is the euro, for which the (ISO code) abbreviation is used when a figure is involved1: EUR 10
For the names, symbols and definitions of the units of measurement, see Directive 80/181/EEC (OJ L 39, 15.2.1980, p. 40). In Union acts, the abbreviations for the national currencies of the Member States are henceforth those of ISO Code 4217, the order being the alphabetical order of the currency abbreviations, except for the euro, which comes first: Currencies in circulation euro Bulgarian lev Czech koruna Danish crown (krone) Estonian kroon pound sterling Hungarian forint Lithuanian litas Latvian lats Polish zloty Romanian lei Swedish crown (krona) Former currencies ATS Austrian schilling BEF Belgian franc CYP Cyprus pound DEM German mark ESP Spanish peseta FIM Finnish markka FRF French franc GRD Greek drachma IEP Irish pound (punt) ITL Italian lira LUF Luxembourg franc MTL Maltese lira NLG Dutch guilder PTE Portuguese escudo SIT Slovenian tolar SKK Slovak koruna
EUR BGN CZK DKK EEK GBP HUF LTL LVL PLN RON SEK
Thus, "euro" is to be written in full only when not accompanied by an amount in figures; for other currencies the full form is always to be used. When a currency appears several times in the same text, cite it first in full, then use the ISO Code in the rest of the text: "income of 300 Danish crowns (DKK) and expenditure of DKK 505".
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115
The name of the European single currency is the "euro" and its ISO code "EUR". The symbol is to be avoided in Union acts. In legal acts of the European Union, its name is the same in all official languages (bearing in mind, of course, the different alphabets that exist and that some languages have declinations, plural forms etc.). The word is written in the lower case, except in German, where the first letter is a capital letter. As far as possible the number of cases where "euro" is written in full should be avoided and use should routinely be made of the abbreviation (ISO code) "EUR" if a legal act refers to a sum in euros. In English, when a specific amount is referred to, the three-letter symbol "EUR" is placed before the amount e.g. "EUR 160". Note, however, "the euro rate", "the euro as against the dollar", "several million euros". One euro is divided into one hundred cent (Article 2 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139, 11.5.1998, p. 1)). In principle, the term "cent" is used in all the official languages. The second recital of the abovementioned regulation does, however, stipulate "that the definition of the name "cent" does not prevent the use of variants of this term in common usage in the Member States." Thus, in English, "cent" in the singular and "cents" in the plural.
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116
4.3.
Dates, numbers and quantities Dates and times are generally written in figures. The name of months is written out in full (except in reference to documents see e.g. point 7.2 on page 92):
15 January 1999 1 October 2001 at 12.00 hours
Numbers are generally written out in full: however, when they are too long to write out in full they are often written in figures:
within a period of eight days the nine members of the Committee but within 72 hours
Numbers are always written out in figures when their purpose is to identify certain subdivisions of the text, Annexes, pages, columns, etc.:

NB:
Article 42(2) on page 2

Unnumbered paragraphs, subparagraphs, sentences, etc. are not really identified by figures and thus one would refer, e.g., to: the second indent of the first sentence of the third [sub]paragraph.
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117
Quantities are generally written in figures, especially when they are followed by a unit of measurement or a unit of currency:

NB:
a rate of 2,25 % a guarantee of EUR 5 per tonne

The "euro" form (i.e. spelt out rather than abbreviated) is to be used only when not accompanied by an amount in figures (see also pages 113 and 114).
They are always written in figures in tables and lists. Blocks of three figures are separated, in all the languages, by a space: 125 000 and not 125.000 or 125,000 (as was formerly the case in English) Decimal figures are written with a comma in all languages (even in English, following consultation with the United Kingdom and Irish authorities, as from 1 March 1983, in Union texts): 0,5
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118 4.4. Use of inverted commas Inverted commas (quotation marks) ("") are used in particular: (a) (b) where a passage is quoted word for word from an original text; if the quotation itself contains terms to be placed between inverted commas, the following is used ""; sometimes for words and expressions used in apposition:
"accession" compensatory amount

(c) where a term is defined:
"pollution" means
(d) where terms are to be added, corrected or replaced:
the following is added: "" for: "" read: ""
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119
(e)
where a shortened form is introduced:
a committee: the Standing Committee on Employment, hereinafter referred to as the "Committee"

On the other hand the following, inter alia, should not appear in inverted commas:

4.5. Lists1 (a)
the titles of acts, the names of bodies or companies, the names of brands, types, models, etc., names of varieties.
The introductory words preceding a list of items are followed by a colon (:). When the list is long or made up of points of some complexity, it is preferable to use figures or letters for the various elements, each of which should end with a semi-colon (;) (except the last, which ends with a full stop or comma, depending on the context). When the list is short or made up of simple items, indents may be used, with a comma following each indent (except the last, which ends with a full-stop or semi-colon, depending on the context). Each item in a list included in a sentence begins with a lowercase letter.
(b) In tables, tariff headings and certain other cases (e.g. lists of words), items in a list may begin with either a capital or lowercase letter (according to the system used by the authors of the work concerned); sometimes in these cases no punctuation mark follows the various items.
Rules governing punctuation or the use of initial capitals or lower case in lists varies according to the language version concerned. For the method of referring to figures, letters, indents, etc. in lists, see the relevant entry in Section III of the table on page 85.
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120 (c) It is advisable to specify the link between the different items in a list. In the case of a list within a sentence, the link may be expressed by "and", where the items are cumulative, "or" or ("either or"), where alternative, or "and/or" (combined hypothesis). (In this case it is usually enough if only the penultimate element is followed by "and" or "or" respectively. In Union texts, however, lists are most often simply free-standing items, without connecting words.) The conjunction "or" should only be used when the nature of the link is clear, as the Court has held1 that the meaning of this conjunction differs depending on the context in which it is used.
4.6.
Hyphenation of chemical terms at the end of a line Complex chemical terms in Common Customs Tariff tables are often hyphenated, and the hyphens must be distinguished from dashes which are used to break up the term at the end of a line. To avoid any confusion the following signs should be used: (1) the "-" symbol is used at the end of a line when the term in question normally has a hyphen in that position, even when not broken; (2) the "=" symbol is used when the term in question would not normally have a hyphen in that position but would run on without a break.
Judgment of the Court of Justice of 12 July 2005, Case C-304/02 Commission v France [2005] ECR I6263, paragraph 83.
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For example, the term "alpha-acetylbutyrolactone" would be written as follows at the end of a line depending on where the break came: 1st example: 2nd example: " alphaacetylbutyrolactone" " alpha-acetyl= butyrolactone"
5.
TARIFF NOMENCLATURE
5.1.
Definitions The nomenclature used internationally is the harmonised commodity description and coding system, referred to as the "Harmonised System" (HS). It consists of a four-figure code for the heading proper (e.g. 0101) and six-figure code for subheadings (e.g. 0101 20). Tariff agreements which were concluded by the Community refer to this system. As from 1 January 1988 (see OJ L 256, 7.9.1987), the Community used a commodity nomenclature, called the "Combined Nomenclature" (CN), which serves the requirements of both the Common Customs Tariff and the statistics of external trade and is established on the basis of the harmonised system. This nomenclature takes over the nomenclature of the harmonised system and adds to the HS code a "CN subheading" comprising a seventh and eighth figure (e.g. 0101 20 10). (The seventh and eighth figures are "00" when an HS heading or subheading is not subdivided for Union purposes). For the practical requirements of the customs services, the Commission established and administers an integrated customs tariff of the European Communities (TARIC). This gives the regulations applicable to any given product. It adds to the Combined Nomenclature (CN) code an additional level which is known as a "TARIC subheading" and takes the form of two additional figures (e.g. 0102 91 10 10). In exceptional cases, an additional TARIC code of four characters is added for supplementary coding purposes (for example for anti-dumping duties). NB: Pursuant to Council Regulation (EEC) No 1969/93 (OJ L 180, 23.7.1993, p. 9), the asterisk is no longer to be used.
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5.2.
Rules to be followed in tariff regulations (a) The codes should be written as indicated above, with subheadings separated by a space.
(b) In the text (title, recitals and enacting terms) of tariff regulations, the terms "heading" or "No" (four figures) and "subheading" (six or eight figures) are not used; instead, "code" is used, preceded by the initials "CN" ("CN" should be used when figures are cited, rather than "of the Combined Nomenclature", and the "No" sign is to be avoided):
"1.
A definitive anti-dumping duty is hereby imposed on imports of unwrought unalloyed magnesium, falling within CN codes 8104 11 00 and ex 8104 19 00 (TARIC code 8104 19 00 20) originating in The amount of the anti-dumping duty shall be (TARIC additional code: 8900): "
2.
In Annexes, however, the terms in question are used to describe the corresponding tariff headings in full (CN or TARIC code plus the goods description). (c) Where appropriate, the expression "ex" (which indicates an extract from a heading or subheading) precedes the CN number:
CN code ex 2940 00 90 D-Xylose NB: The goods descriptions of CN ex codes can generally be found in the TARIC in the case in point, opposite TARIC code 2940 00 90 10.
(d) In the "Description" column, the higher subdivisions should end with a colon (:).
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123 (e) Currently, two methods of presentation are used for the description of goods: normally the hierarchy of the Combined Nomenclature is to be followed (in which case care must be exercised concerning the number of indents preceding the various subheadings), some departments prefer to give a summary of the hierarchy (in which case care must be taken over the accuracy of the summary).
IV.
LEGAL OPERATIONS AFFECTING AN ACT An act in force may undergo a number of operations which have an effect on its legal effect. In particular: it may be amended, as to its content or duration of application, by a material operation which consists of replacing, supplementing (by insertion or addition) or deleting some of its provisions (see point 1 on page 123) , it may be extended (when its validity is limited in time) for a new period of application; its provisions will remain unchanged (see point 2 on page 133) 1, it may be repealed, i.e. it will no longer be in force, in whole or in part (see point 3 on page 133), it may be codified (and consequently repealed) i.e. a new act containing the basic act and all successive amendments thereto will be substituted for it (see point 4 on page 134), it may be recast, a procedure which combines amendment and codification (see point 4 on page 134).
Extension of the validity of an act is indicated by the words "as (last) extended by ".
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124 Other legal operations, not dealt with in this Manual because they pose no special drafting problems, may affect an act in force 1, for example: acts comprising methods of application, acts comprising derogations, acts comprising extensions or suspension.
1.
AMENDMENT
1.1.
General (a) Nature of the amending act In general, it is preferable for the amending act to be of the same type as the amended act. In particular, it is not recommended that a regulation be amended by a directive. However, certain provisions of primary legislation leave the choice of the type of act to the institutions, by granting them power to adopt "measures" or by expressly mentioning several possible types of act. In addition, the act being amended may have provided for amendment to be made by another type of act. (b) Content of amending acts An amending act should not contain autonomous substantive provisions which are not inserted in the act to be amended. An act, the main purpose of which is not to amend another act may set out, at the end, amendments of other acts which are a consequence of changes which it introduces. Where the consequential amendments are substantial, a separate amending act should be adopted. Amendments are made with reference to the basic act (in its latest version); in the amending act the basic act should therefore be referred to and not any acts which may have amended it.
Such operations are not deemed formal amendments.
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125 (c) Title of amending acts An act which aims solely at amending another act must contain in its title the wording "amending" (do not use wording such as "supplementing", since that only expresses one form of the legal operation of "amendment"). Where, in accordance with express provisions, the amending act originates from an institution other than the institution that established the basic act, the title should mention the name of the latter institution. For example, "Regulation of the European Parliament and of the Council amending Council Regulation ". (d) Method of drafting amending acts As with all acts, amending acts must be clear, precise and as succinct as possible. For reasons of clarity, and bearing in mind the problems of translation into all the official languages, preference should be given to replacing whole provisions (articles or subdivisions of articles) rather than inserting or deleting individual sentences, phrases or words. On the other hand, when only a date or an expression has to be changed, only the date or expression in question needs to be changed. The amendment must be fully integrated into the original text. In particular the structure and terminology of the original text must be preserved. It will therefore sometimes be necessary to retain certain constructions or expressions which are not affected by the amendment even if there is a more satisfactory solution from the point of view of style or vocabulary.
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126 1.2. Amending provisions
1.2.1.
Introductory wording a) Where there are multiple amendments to a text:
Regulation is hereby amended as follows: (1) (2) in Article 3(1), the terms "" are deleted. in Article 4(2), the first subparagraph is replaced by the following: ""
b)
Where there are multiple amendments to a passage:
[1)] Article [Paragraph ] [The (frist) subparagraph] is hereby amended as follows: a) ; b) ; c) .
c)
Where there are amendments to one or more annexes:1 Annex ... is hereby amended as follows: Annex is hereby amended in accordance with Annex ... of this Regulation.
See point 18.8 of the Joint Practical Guide.
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127 1.2.2. Replacing of words etc.1
Article 3 of Regulation is replaced by the following: "Article 3 "
In Article 3[(1)] of Regulation [paragraph 1] [the first subparagraph] is replaced by the following: "1. "
In Article 3[(1)] of Regulation [the second subparagraph] is replaced by the following: [by the following two subparagraphs]: "". In Article 3[(1)], the introductory wording [the introductory words]is [are] replaced by the following: "[1.]".
In , the sentence [phrase] " " is replaced by the sentence [phrase] [the following] "". In , the word (the words) [term (the terms)] "" is replaced (are replaced) by the word (words) [term (the terms)] "".
Where the new text refers to an act published in the Official Journal, the footnote reference is in the form of an asterisk * and the following indication is placed directly underneath the text, before the final inverted commas: "(new text) ____________ * OJ L , , p. ".
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128
In , the date "" is replaced by that of "...". Annex III of Regulation is replaced by the text appearing in the Annex to this Regulation.
The new text is to be laid out as follows:
NB:
ANNEX "ANNEX III

".
1.2.3.
Insertion When inserting an Article, paragraph or other numbered sub-division, the articles, paragraphs or other subdivisions which follow should not be renumbered (due to the fact that other acts may already refer to them). Renumbering should only be carried out in the case of codification or a recast.
The following Article is inserted[ in Regulation ]: "Article 10a "
It may be necessary to specify in which subdivision of the text the new element is inserted.
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129 The following Article is inserted [in Chapter VI, section 2]: "Article 10a ". In paragraph [2] [In (the first subparagraph), the following indent is inserted [aftter the second indent/ before the first indent]: " ".
In , the term (word) "" is inserted [after the term (word) ""] [between the term (word) "" and the term (word) ""]. Where an article is inserted in an act that has already been adopted, that article will be given the number of the preceding article in addition to, depending on the case, the letter "a", "b", "c", "d", etc.*
NB:
For the French terms "bis, ter, quater," etc, see the French version of this Manual. Latterly, the practice in French texts is to replace "quinquies" and above with the corresponding lower-case letter, as in English. See, for example, the Treaty of Lisbon. JUR
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130 1.2.4. Addition
The following paragraph is added to Article 25 of Regulation : "3. "
The following subparagraph is added to Article 25(2): "" The following terms (words) are added to (Article ., paragraph ..., subparagraph): "".
1.2.5. Deletion Where articles, paragraphs or other numbered subdivisions are deleted, care should be taken to avoid renumbering the provisions that follow them (because of references to such provisions which might already be contained in other acts). New numbering is carried out during the codification process.
The second sentence of Article 3 of Regulation is deleted.
Article 3 of Regulation is deleted1.
In the case of a technical amendment of an act, the correct term is "deleted" and not "repealed" (see point 3 on page 133), all the more so since the content of the deleted article may be partially included in another provision.
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131 1.3. 1.3.1. Amending documents to effect a correction Corrigenda (before adoption) (French "corrigenda") COUNCIL OF THE EUROPEAN UNION COR 1 LEGISLATIVE ACTS AND OTHER INSTRUMENTS: CORRIGENDUM1 Subject: Council Regulation/Directive/Decision on
Brussels,
Page , in Article ()/ in Article , paragraph [, line]:
For: ""2 read: "". "" is replaced by "".
Where a corrigendum does not concern all the languages, two identifying letters, in lower case (bg, cs, da, de, el, en, es, et, fi, fr, ga, hu, it, lt, lv, mt, nl, pl, pt, ro, sk, sl, sv) are placed in brackets beside the number of the addendum to indicate the language version(s) to which it applies. If part of a corrigendum does not apply to all the languages referred to by it, this is indicated by a preceding phrase "(does not concern the text)" or "(concerns only the text(s))". The parts of the text to be amended are put in inverted commas to avoid any errors during consolidation.
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The first sentence [the sentence beginning ""] is replaced by "". This Article (paragraph/subparagraph/) is replaced by the following: "".
"" is inserted between "" "" is added after "". "" is inserted [added] after "". "" is deleted. The following article is added: "Article .". ______________
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133 1.3.2. Corrigenda (after adoption) (French "rectificatifs")1 CORRIGENDUM to [Council] Regulation () No /2010 [Directive 2010//] [Decision 2010//] [of the European Parliament and of the Council] of on (OJ ) On page , in Article paragraph (See examples of corrigenda on page 125.) NB: Corrigenda (after adoption) are not mentioned in the references to the Official Journal when citing acts.
ANNEX
For the procedure to be followed for corrigenda after adoption, see page 157 of Annex II.
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134
2.
EXTENSION Extension of an act consists in prolonging the duration of application for a specific period:
Regulation is extended until In Article of Regulation , the date is replaced by that of
3.
REPEAL The repeal of an act or of certain of its provisions means that it/they cease(s) to be in force, either because the arrangements that it/they introduced expire or are replaced by other arrangements, or because the whole act, including all its successive amendments is replaced by a codified act.
Regulation [and Regulation taken in implementation thereof] is/are repealed. Article 3 of Regulation is repealed.
NB: In these two cases it is understood that the repeal takes effect on the date of entry into force or, where appropriate, the date of application of the repealing act. Regulation is repealed with effect from [date on which the repealing Regulation is brought into effect].
NB: In that case, the repeal shall take effect on a date which differs from that of the entry into force of the repealing act.
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Umbrella clauses In order to ensure precision and legal certainty, it is important to indicate with precision the repealed acts. Bearing this in mind, avoid "umbrella clauses" such as: "All provisions that are incompatible with this Regulation shall be repealed" or "Regulation and the provisions taken for its implementation shall be repealed".
4.
CODIFICATION
4.1.
Official codification, consolidation, recast Official codification consists of repealing the acts that are to be codified and replacing them with a single text which in no way amends the substance of those acts. Codification may be achieved by means of the working method set out in the Interinstitutional Agreement for the official codification of legislative texts, which concerns Council legislative texts as well as European Parliament and Council texts adopted on the basis of a Commission proposal1. by the Commission adoption procedure for legislative acts.
A clear distinction must be made between official codification and: consolidation, which consists in the editorial compilation in a single text of the provisions of the base instrument and all the subsequent amendments to it. The assembling only affects the enacting terms (the recitals that appear in a consolidated act are those of the base instrument. Consolidation has no legal effect and does not constitute the adoption of a new act, recast, which consists in the adoption of a new legal act that integrates, within a single text, both the substantive amendments that it makes to a preceding act and the codification of unchanged provisions of the preceding act2.
See the Interinstitutional Agreement of 20 December 2004 Accelerated working method for official codification of legislative texts (OJ C 102, 4.4.1996, p. 2). See Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (OJ C 77, 28.3.2002, p. 1).
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136 4.2. Items that should appear in a codifying act or in a recast (a) (b) (c) (d) In principle, the title of the former act remains unchanged, subject to possible updates. The words "codified version" should be added below the title. For the standard recitals, articles and annexes to be attached to codifying acts, reference should be made to Annex III, page 141. As regards citations, articles and standard annexes which must be included in the codified act, see Annex III, page 161 and following. As regards citations, articles and standard annexes which must be included in the recast, see Annex IV, page 167 and following
V.
ORDER OF CITATION, NAMES IN FULL OR IN ABBREVIATED FORM
1. 1.1.
ORDER OF CITATION Union, Community, Treaties (a) As from 1 December 2009: EU, Euratom The Treaty on European Union, the Treaty on the Functioning of the European Union, the Treaty establishing the European Atomic Energy Community
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137 (b) Before 1 December 2009: EC, Euratom1. The European Community, the European Atomic Energy Community.1 The Treaty establishing the European Community, the Treaty establishing the European Atomic Energy Community. Union institutions and bodies treated as such2 (a) The order followed in the body of a text is that in which those institutions and bodies appear in the part of the Treaties relating to the institutions, namely: in the case of the EU and the EAEC: European Parliament, Council, Commission, Court of Justice, Court of Auditors, European Economic and Social Committee and (only in an EU context) Committee of the Regions and European Investment Bank.
1.2.
(b)
However, in the citations of Council acts, the procedure applicable determines the order to be followed ( see the standard forms given in Part I of this Manual).
Since 1997, this order has not changed. NB: The order will, of course, remain unchanged for past acts. In Council acts: "institution" means: the European Parliament, the European Council, the Council, the European Commission, the Court of Justice of the European Union, the European Central Bank or the Court of Auditors; "body" means: the European Economic and Social Committee, the Committee of the Regions or the European Investment Bank. "Agency" may be used for anything which does not fall within either of the abovementioned definitions (e.g. centre, foundation, fund, observatory, office, etc.). See also Article 130 TFEU.
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138 1.3. States (a) A list that contains only Member States follows the Roman alphabetical order of the names of the countries in their own languages, the order being identical for all language versions (see the list on page 140). A list containing only third States or containing third States and Member States generally follows the alphabetical order of the designations in the language used. For example, in English: Austria, Finland, Iceland, Norway, Philippines, Switzerland. For more details on the citation order of countries, see the Interinstitutional Style Guide, point 7.1.2.
(b)
NB:
2. 2.1.
NAMES IN FULL OR IN ABBREVIATED FORM Union and Euratom
First reference: the European Union the European Atomic Energy Community
Subsequent references: the Union the Community
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139 2.2. Treaties
First reference: Having regard to the Treaty on European Union Having regard to the Treaty on the Functioning of the European Union Having regard to the Treaty establishing the European Atomic Energy Community
Subsequent references: [in accordance with the] Treaty
If several treaties are cited in the same text, the initials designating the Treaties concerned should be used:
Article of the TFEU and Article of the Euratom Treaty in accordance with Article 25 of the EU Treaty and without prejudice to Article 207 of the TFEU, a Committee
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140 2.3. Union institutions and bodies treated as such

Everyday name 1 European Parliament European Council Council Commission Court of Justice of the European Union (Court)6 European Central Bank (Bank)6 Court of Auditors (Court)6 European Economic and Social Committee (Committee)6 Committee of the Regions (Committee)6 European Investment Bank (Bank)6 Abbreviation EP ECJ/CJEU ECB7 EESC COR EIB Form in Council acts European Parliament European Council1 Council2 Commission2 Court of Justice of the European Union5 European Central Bank Court of Auditors European Economic and Social Committee Committee of the Regions European Investment Bank
Complete and official name European Parliament European Council Council of the European Union European Commission3 Court of Justice of the European Union4 European Central Bank Court of Auditors European Economic and Social Committee8 Committee of the Regions European Investment Bank
.
1 2 3 4
6 7 8
Always use the full title. Use the full title when first mentioned in the preamble. Title used only in the TEU (see Article 13). The Court of Justice of the European Union is composed of the "Court of Justice", the "General Court" and specialised courts (Article 19 TEU). To date, the only specialised court is the European Union Civil Service Tribunal (commonly known as the "Civil Service Tribunal" - see the Annex to Protocol 3 annexed to the TEU and the TFEU). However, the term "Court of Justice" is commonly used in acts, for example, in a citation or in a recital of an act adopted in accordance with the ordinary legislative procedure, on request, or after consultation, of the Court of Justice, in accordance with Article 257, first paragraph, or Article 281, second paragraph, of the TFEU. Only use the short form (in brackets) where no confusion is possible. Abbreviation used in Protocol No 4. The full title of the EESC in the TFEU is "Economic and Social Committee" but, as a rule, the adjective "European" is added.
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141 2.4. States1 2 In referring to Member States, use either the full name, shortened name or abbreviation, the latter being used only in tables. For Member States and third States, the code to be used is ISO code 3166 alpha-2 (code with two letters), except for Greece and the United Kingdom, for which EL and UK are the recommended codes.
Designation of the Member States Shortened designation Belgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece3 Spain France Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom4 (Belgique/Belgi/Belgien) (/Balgaria) (esk republika) (Danmark) (Deutschland) (Eesti) (ire/Ireland) (/Ellas) (Espaa) (France) (Italia) (/Kbrs) (Latvija) (Lietuva) (Luxembourg) (Magyarorszg) (Malta) (Nederland) (sterreich) (Polska) (Portugal) (Romnia) (Slovenija) (Slovensko) (Suomi/Finland) (Sverige) (United Kingdom) Full designation Kingdom of Belgium Republic of Bulgaria Czech Republic Kingdom of Denmark Federal Republic of Germany Republic of Estonia Ireland Hellenic Republic Kingdom of Spain French Republic Italian Republic Republic of Cyprus Republic of Latvia Republic of Lithuania Grand Duchy of Luxembourg Republic of Hungary Malta Kingdom of the Netherlands Republic of Austria Republic of Poland Portuguese Republic Romania Republic of Slovenia Slovak Republic Republic of Finland Kingdom of Sweden United Kingdom of Great Britain and Northern Ireland (not England, not Great Britain) ISO Code BE BG CZ DK DE EE IE GR (EL) ES FR IT CY LV LT LU HU MT NL AT PL PT RO SI SK FI SE GB (UK)
2 3
For a list of States and rules on how the names of countries are to be written (written form, accents, use of articles, adjectives and name of nationality), see Annex A5 to the Interinstitutional Style Guide. For more details on the citation order of countries, see point 1.3 on page 137. For Greece, rather than the ISO Code "GR", "EL" is used in most Council acts. The Greek delegation accepted this, without prejudice to its position as concerns the sign of its country (see written declaration in Council minutes doc. 6574/86). In Union legislation, normally "UK" is used rather than ISO Code "GB". "UK" (for "United Kingdom of Great Britain and Northern Ireland") includes Northern Ireland, while "GB" does not.
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142 The following criteria are to be applied when a choice has to be made between the full and shorter form of the designation of a State: Use of the full form when the State is referred to as a legal entity:

NB:
The competent authorities of the Republic of Chile The Swiss Confederation concluded an Agreement with the Republic of Iceland and the Kingdom of Norway.
Nevertheless, if the name of a State recurs in the body of a text and thus makes the choice of the shorter form preferable, it should be first introduced by the phrase "hereinafter referred to as """.
Use of the shorter form when the State is referred to as a geographical or economic area:

NB:
workers residing in Switzerland (or in the territory of Switzerland) (or also, in Swiss territory) vessels flying the flag of Norway products originating in Algeria, Morocco and Tunisia1 exports from Mexico
Where so-called "divided" third States are involved and are referred to as geographical or economic areas, either the full form or the geographical form is used:
Democratic People's Republic of Korea or North Korea Republic of Korea or South Korea
When in doubt, e.g. whether "Solomon Islands" or "the Solomon Islands", a check should be made with the English Language Unit Terminology Office, which has the latest UN list of countries; likewise for whether a singular or plural verbal form is needed - e.g. "the United States of America" or "the United States" takes a singular verb; "the United States is to ban imports" (not "are").
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143 For the names of certain States, there is no short form: the Czech Republic (but: Slovakia) However, in the case of Member States, the shortened form is generally sufficient in Union acts.
NB: The final Article of certain decisions or directives provides an exception to this general rule, as shown by the following standard wording:
This Decision/Directive is addressed to the (French Republic).
VI. 1.
RULES ON LANGUAGES GENERAL The rules governing the languages of the Union institutions are fixed by the Council, pursuant to Article 342 TFEU. The official languages of "the European Union institutions" are at present 23 in number: Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish1, Italian, Latvian, Lithuanian, Maltese2, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish [Regulations No 1 (EEC) and No 1 (Euratom) of 15 April 1958 (OJ 17, 6.10.1958, pp. 385/58 and 401/58), as last amended by Council Regulation (EC) No. 1791/2006]. Except as otherwise decided unanimously by the Council on grounds of urgency, the Council must deliberate and take decisions only on the basis of documents and drafts drawn up in the languages specified in the rules in force governing languages. (Article 14(1) of the Rules of Procedure).
With regard to the Irish language, on 13 June 2005 the Council granted a temporary derogation to the obligation to draft and publish acts in the Irish language in the Official Journal. This derogation, which is applicable from 1 January 2007 for a renewable period of five years, applies to all acts except regulations adopted jointly by the European Parliament and the Council. See Regulation (EC) No 920/2005 (OJ L 156, 18.6.2005, p. 3).
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144 2. PRINCIPLES APPLICABLE TO SECONDARY LEGISLATION According to Article 4 of the regulations mentioned in point 1, "Regulations and other documents of general application shall be drafted in the 23 official languages". It may be deduced from this provision (seeking inspiration from Article 33 of the Vienna Convention on the Law of Treaties) that: (a) (b) (c) since the text of an act of the type in question has been authenticated in the 23 languages it is equally authoritative in each language1; the terms of any such act are presumed to have the same meaning in each authentic text; when a comparison of the authentic texts discloses a difference of meaning, the meaning which best reconciles the texts, having regard to the object and purpose of the act, is to be adopted.
If errors are detected in one or more language versions of a Council act, they are to be corrected in accordance with the procedure on corrigenda described in Annex II, on page 15739. If, in a dispute, a question of linguistic interpretation arises, the Court of Justice of the European Union applies in particular the method indicated in point (c), without having recourse to the preparatory work.
More precisely, where a problem of interpretation arises, all languages are equally authentic, which means that no single one of them is authentic (see in particular the Opinion of Advocate-General Lagrange in Case 13/61 [1962] ECR 139). It should be noted that the role of a "key language" in drawing up an act does not give that language priority over the other languages in questions of the application or interpretation of the text.
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145 3. LANGUAGE ORDER1
3.1.
Order of language version where grouped (multilingual texts) (a) Acts falling under secondary legislation The order followed is that of the Roman alphabetical order2 of the official designations of the languages as they appear in the respective language versions of Regulations No 1 (EEC) and No 1 (Euratom) determining the languages to be used, namely: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) Bulgarian Spanish (castellano)3 Czech (etina) Danish (dansk) German (Deutsch) Estonian (eesti keel) Greek (ellinik) English (English) French (franais) Irish (Gaeilge) Italian (italiano) Latvian (latvieu valoda) Lithuanian (lietuvi kalba) Hungarian (magyar) Maltese (malti) Dutch (Nederlands) Polish (polski) Portuguese (portugus) Romanian (romn) Slovak (slovenina) Slovenian (slovenina) Finnish (suomi) Swedish (svenska) ISO Code bg es cs da de et el en fr ga it lv lt hu mt nl pl pt ro sk sl fi sv
1 2
This language order was established in a note from the Council Jurisconsult on 14 November 1986. The Greek letters "epsilon" and "lambda" are deemed for this purpose to be respectively "e" and "l" in the Roman alphabet. The term "castellano" is the official designation of the Spanish language and appears, as such, in the abovementioned regulations (and is used here to determine its place in the order), although when it is a question of naming this language in practice, the expression "lengua espaola" is used, in accordance with the request of the Spanish authorities.
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146 The abbreviations used are those of ISO 639-1 alpha 2. Generally they are written in lower case letters but may also be written in capital letters for typographical reasons. (See also Interinstitutional Style Guide, Section 7.2.) Cases where applied: Annexes to regulations, Annexes to directives, laissez-passer (see OJ L 18, 24.1.1986, p. 2 and the corrigendum published in OJ L 40, 15.2.1986, p. 31), specimens of certificates, etc. (b) Multilingual documents to be issued at a national level pursuant to texts adopted within the Council The order to be followed is that as set out in point (a), but amended in that the most widespread languages in the respective Member States come first, which result in: (1) the national language or languages; (2) English; (3) French; (4) the other languages in the order set out in point (a). Case where applied: European health card (see OJ C 184, 23.7.1986, p. 5).
3.2.
Order of listing languages (monolingual texts) The order followed, varying according to the languages, is the alphabetical order of the languages as given in the language version of the abovementioned Regulations No 1 (EEC) and No 1 (Euratom) which corresponds to the language used1, thus in English: Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish. Cases where applied: phrases such as: "These indications are drawn up in the languages". _______________
With the sole exception of the order followed in the Spanish text, where the terms "lengua espaola" or "espaol" are substituted in practice at the request of the Spanish authorities for the term "castellano" (see footnote 3 on page 144).
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ANNEXES
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ANNEX I COMMITTEE PROCEDURE
1.
EXTRACT FROM COUNCIL DECISION 1999/468/EC OF 28 JUNE 1999 LAYING DOWN THE PROCEDURES FOR THE EXERCISE OF IMPLEMENTING POWERS CONFERRED ON THE COMMISSION (OJ L 184, 17.7.1999, p. 23) as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11)
Article 1 Other than in specific and substantiated cases where the basic instrument reserves to the Council the right to exercise directly certain implementing powers itself, such powers shall be conferred on the Commission in accordance with the relevant provisions in the basic instrument. These provisions shall stipulate the essential elements of the powers thus conferred. Where the basic instrument imposes specific procedural requirements for the adoption of implementing measures, such requirements shall be in conformity with the procedures provided for by Articles 3, 4, 5, 5a and 6. Article 2 1. Without prejudice to paragraph 2, the choice of procedural methods for the adoption of implementing measures shall be guided by the following criteria: (a) management measures, such as those relating to the application of the common agricultural and common fisheries policies, or to the implementation of programmes with substantial budgetary implications, should be adopted by use of the management procedure; measures of general scope designed to apply essential provisions of basic instruments, including measures concerning the protection of the health or safety of humans, animals or plants, should be adopted by use of the regulatory procedure; Where a basic instrument stipulates that certain non-essential provisions of the instrument may be adapted or updated by way of implementing procedures, such measures should be adopted by use of the regulatory procedure;
(b)
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(c) 2. without prejudice to points (a) and (b), the advisory procedure shall be used in any case in which it is considered to be the most appropriate.
Where a basic instrument, adopted in accordance with the procedure referred to in Article 251 of the Treaty, provides for the adoption of measures of general scope designed to amend non-essential elements of that instrument, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements, those measures shall be adopted in accordance with the regulatory procedure with scrutiny.
Article 3 Advisory procedure 1. 2. The Commission shall be assisted by an Advisory Committee composed of the representatives of the Member States and chaired by the representative of the Commission. 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, if necessary by taking a vote. The opinion of the Committee shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account. Article 4 Management procedure 1. 2. The Commission shall be assisted by a Management Committee composed of the representatives of the Member States and chaired by the representative of the Commission. 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) of the Treaty 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. 4.
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3. The Commission shall, without prejudice to Article 8, adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures it has decided on for a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of such communication. The Council, acting by qualified majority, may take a different decision within the period provided for in paragraph 3. Article 5 Regulatory procedure 1. 2. The Commission shall be assisted by a Regulatory Committee composed of the representatives of the Member States and chaired by the representative of the Commission. 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) of the Treaty 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. The Commission shall, without prejudice to Article 8, adopt the measures envisaged if they are in accordance with the opinion of the Committee. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament thereof. If the European Parliament considers that a proposal submitted by the Commission pursuant to a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty exceeds the implementing powers provided for in that basic instrument, it shall inform the Council of its position. The Council may, where appropriate in view of any such position, act by qualified majority on the proposal, within a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of referral to the Council.
4.
3. 4.
5.
6.
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If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall re-examine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal on the basis of the Treaty. If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission. Article 5a Regulatory procedure with scrutiny 1. 2. 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. 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) of the Treaty 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. If the measures envisaged by the Commission are in accordance with the opinion of the Committee, the following procedure shall apply: (a) (b) the Commission shall without delay submit the draft measures for scrutiny by the European Parliament and the Council; 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; 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;
3.
(c)
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(d) 4. if, on expiry of that period, neither the European Parliament nor the Council has opposed the draft measures, the latter shall be adopted by the Commission.
If the measures envisaged by the Commission are not in accordance with the opinion of the Committee, or if no opinion is delivered, the following procedure shall apply: (a) (b) (c) the Commission shall without delay submit a proposal relating to the measures to be taken to the Council and shall forward it to the European Parliament at the same time; the Council shall act on the proposal by a qualified majority within two months from the date of referral to it; if, within that period, the Council opposes the proposed measures by a qualified majority, the measures shall not be adopted. In that event, the Commission may submit to the Council an amended proposal or present a legislative proposal on the basis of the Treaty; if the Council envisages adopting the proposed measures, it shall without delay submit them to the European Parliament. If the Council does not act within the two-month period, the Commission shall without delay submit the measures for scrutiny by the European Parliament; the European Parliament, acting by a majority of its component members within four months from the forwarding of the proposal in accordance with point (a), may oppose the adoption of the measures in question, justifying their opposition by indicating that the proposed measures exceed the implementing powers provided for in the basic instrument or are not compatible with the aim or the content of the basic instrument or do not respect the principles of subsidiarity or proportionality; if, within that period, the European Parliament opposes the proposed measures, the latter shall not be adopted. 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; if, on expiry of that period, the European Parliament has not opposed the proposed measures, the latter shall be adopted by the Council or by the Commission, as the case may be.
(d)
(e)
(f)
(g) 5.
By way of derogation from paragraphs 3 and 4, a basic instrument may in duly substantiated exceptional cases provide: (a) (b) that the time-limits laid down in paragraphs 3(c), 4(b) and 4(e) shall be extended by an additional month, when justified by the complexity of the measures; or that the time-limits laid down in paragraphs 3(c), 4(b) and 4(e) shall be curtailed where justified on the grounds of efficiency.
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6. A basic instrument may provide that if, on imperative grounds of urgency, the timelimits for the regulatory procedure with scrutiny referred to in paragraphs 3, 4 and 5 cannot be complied with, the following procedure shall apply: (a) if the measures envisaged by the Commission are in accordance with the opinion of the Committee, the Commission shall adopt the measures, which shall immediately be implemented. The Commission shall without delay communicate them to the European Parliament and to the Council; within a time-limit of one month following that communication, the European Parliament, acting by a majority of its component members, or the Council, acting by a qualified majority, may oppose the measures adopted by the Commission, on the grounds that the measures exceed the implementing powers provided for in the basic instrument or are not compatible with the aim or the content of the basic instrument or do not respect the principles of subsidiarity or proportionality; in the event of opposition by the European Parliament or the Council, the Commission shall repeal the measures. It may however provisionally maintain the measures in force if warranted on health protection, safety or environmental grounds. In that event, it shall without delay submit to the Committee an amended draft of the measures or a legislative proposal on the basis of the Treaty. The provisional measures shall remain in force until they are replaced by a definitive instrument. Article 6 Safeguard procedure The following procedure may be applied where the basic instrument confers on the Commission the power to decide on safeguard measures: (a) the Commission shall notify the Council and the Member States of any decision regarding safeguard measures. It may be stipulated that before adopting its decision, the Commission shall consult the Member States in accordance with procedures to be determined in each case; any Member State may refer the Commission's decision to the Council within a time-limit to be determined within the basic instrument in question;
(b)
(c)
(b)
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(c) the Council, acting by a qualified majority, may take a different decision within a time-limit to be determined in the basic instrument in question. Alternatively, it may be stipulated in the basic instrument that the Council, acting by qualified majority, may confirm, amend or revoke the decision adopted by the Commission and that, if the Council has not taken a decision within the abovementioned time-limit, the decision of the Commission is deemed to be revoked. Article 7 1. Each Committee shall adopt its own Rules of Procedure on the proposal of its chairman, on the basis of standard Rules of Procedure which shall be published in the Official Journal of the European Union. Insofar as necessary existing Committees shall adapt their Rules of Procedure to the standard Rules of Procedure. 2. 3. The principles and conditions on public access to documents applicable to the Commission shall apply to the committees. The European Parliament shall be informed by the Commission of Committee proceedings on a regular basis following arrangements which ensure that the transmission system is transparent and that the information forwarded and the various stages of the procedure are identified. To that end, it shall receive agendas for Committee meetings, draft measures submitted to the Committees for the implementation of instruments adopted by the procedure provided for by Article 251 of the Treaty, and the results of voting and summary records of the meetings and lists of the authorities and organisations to which the persons designated by the Member States to represent them belong. The European Parliament shall also be kept informed whenever the Commission transmits to the Council measures or proposals for measures to be taken. The Commission shall, within six months of the date on which this Decision takes effect, publish in the Official Journal of the European Union, a list of all committees which assist the Commission in the exercise of implementing powers. This list shall specify, in relation to each committee, the basic instrument(s) under which the committee is established. From 2000 onwards, the Commission shall also publish an annual report on the working of committees. The references of all documents sent to the European Parliament pursuant to paragraph 3 shall be made public in a register to be set up by the Commission in 2001.
4.
5.
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Article 8 If the European Parliament indicates, in a resolution setting out the grounds on which it is based, that draft implementing measures, the adoption of which is contemplated and which have been submitted to a committee pursuant to a basic instrument adopted under Article 251 of the Treaty, would exceed the implementing powers provided for in the basic instrument, the Commission shall re-examine the draft measures. Taking the resolution into account and within the time-limits of the procedure under way, the Commission may submit new draft measures to the committee, continue with the procedure or submit a proposal to the European Parliament and to the Council on the basis of the Treaty. The Commission shall inform the European Parliament and the committee of the action which it intends to take on the resolution of the European Parliament and of its reasons for doing so. Article 9 Decision 83/373/EEC shall be repealed1.
Extract from declarations on Decision 1999/468/EC and published in OJ C 203, 17.7.1999, p. 1: "2. COUNCIL AND COMMISSION STATEMENT The Council and the Commission agree that provisions relating to committees assisting the Commission in the exercise of implementing powers provided for in application of Decision 83/373/EEC should be adjusted without delay in order to align them with Articles 3, 4, 5 and 6 of Decision 1999/468/EC in accordance with the appropriate legislative procedures. Such adjustment should be made as follows: current procedure I would be turned into the new advisory procedure, current procedures II(a) and II(b) would be turned into the new management procedure, current procedures III(a) and III(b) would be turned into the new regulatory procedure. A modification of the type of committee provided for in a basic instrument should be made, on a case-by-case basis, in the course of normal revision of legislation, guided, inter alia, by the criteria provided for in Article 2. " Cf. also recital 12 of Decision 1999/468/EC: "(12) The specific committee procedures created for the implementation of the common commercial policy and the competition rules laid down by the Treaties that are not currently based upon Decision 87/373/EEC are not in any way affected by this Decision."
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B. STANDARD TEXTS Advisory, Management and Regulatory Committees
Recital
( ) The measures necessary for the implementation of this (instrument in question) should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (*).
(*)
OJ L 184, 17.7.1999, p. 23.
Enacting term
[Article X The measures necessary for the implementation of this .. (instrument in question) [relating to the matters referred to below] shall be adopted in accordance with the [advisory/management/regulatory] procedure referred to in Article Y(2) [:]].
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Article Y
1.
The Commission shall be assisted by a [the ] committee (hereinafter referred to as "the Committee").
Advisory Committee 2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply [, having regard to the provisions of Article 8 thereof].1 2.
Management Committee Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply [, having regard to the provisions of Article 8 thereof]. 1 The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 2
_______________
Regulatory Committee 2. Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply [, having regard to the provisions of Article 8 thereof]. 1 The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 2
The reference to Article 8 in square brackets only applies when the act is adopted under the ordinary legislative procedure (Article 294 TFEU). The period cannot exceed three months.
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ANNEX II PROCEDURE FOR ADOPTING CORRIGENDA ** A. 1. COUNCIL ACTS Statement entered in the Council minutes of 3 December 1975 [annexed to Document R/2521/75 (JUR 149)] "The Council agreed that: (1) every effort should be made to avoid the occurrence of errors. To this end, national delegations should endeavour to take a more active part in the finalisation of Council acts at the meetings of legal/linguistic experts. For its part the General Secretariat should continue its present practice of giving as much notice as possible of such meetings, normally at least 10 days, except in cases of real urgency. In such cases the telex convening the meeting should indicate the reason for the urgency; (2) (a) where an obvious error occurs after the signing of the original text of the Council act by the President of the Council, the correction will be made by means of a corrigendum, whatever the number of Union languages in which the error occurs; where an obvious error occurs in the original text of the acts signed by the President, and where it exists only in one or two of the official languages of the Union (since the consistency of the Official Journal must be maintained), the present procedure will be applied, i.e. the correction will be made by means of a corrigendum, with the President's agreement and subject to any comments which may be received by the General Secretariat within 15 days; in all other cases, the General Secretariat will make suggestions to the delegations as to the procedure to be followed in each individual case, in particular as regards firstly, whether the correction should be made by means of a corrigendum or whether a new act should be adopted and, secondly, whether or not the correction should have retroactive effect. If necessary a Council working party will be instructed to examine the solutions which may be adopted, unless the Commission submits new proposals;
(b)
(c)
See headings 1.3.2. and 1.3.3. on pages 115 and 116 respectively. English uses the term "Corrigendum" for corrections made before adoption of an act (French: "Corrigendum") and for those made after adoption (French: "Rectificatif"). This Annex concerns the latter.
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(3) corrigenda made to Council acts in accordance with the procedures set out under 2 above will be published in the Official Journal of the European Communities by the General Secretariat; (4) the correction procedures thus defined in no way prejudge the decisions which the Court may take if it has to rule on the matter."
2. 2.1.
Comments In practice, a corrigendum (correction of a text that is signed and published in the Official Journal) is made to those parts of the text that are so lacking in form as to be incomprehensible, as well as to errors liable to produce undesired legal effects (obvious typing or language errors that are unimportant should not be corrected by a corrigendum). Interpretations given by the Council Legal Service in specific cases: (a) Point 2(b) of the Statement (see Internal document of 18 February 1988) A major error committed during the finalisation of a text before adoption but discovered only after signature and publication in the Official Journal cannot be corrected by a corrigendum; the decision in question can be amended only in accordance with the normal procedure applicable in the event to the adoption of the programme. (b) Point 2(c) of the Statement (see Document 6492/81 of 28 April 1981) If an obvious error is involved concerning for example the legal basis, the corrigendum procedure seems appropriate. If this obvious error has been committed at Council level itself, the corrigendum must be submitted for adoption as an "A" item at a Council meeting. Similarly, where an Article is omitted, in all language versions, in a text submitted to the Council for adoption and adopted and published with this error (see internal document of 16 January 1987), it is considered that the Council must itself correct the error, with the General Secretariat being invited to suggest to Coreper I that it recommend the Council to adopt, as an "A" item, the corrigendum to be made.
2.2.
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B. 1. ACTS ADOPTED UNDER THE ORDINARY LEGISLATIVE PROCEDURE Procedure followed within the Council Where there are errors in texts adopted under the ordinary legislative procedure, the following is the position, depending on the different cases indicated in the procedure for the adoption of corrigenda to Council acts (doc. R/2521/75 JUR 149). In each case, a corrigendum requires the official and formal agreement of the European Parliament, which is provided in accordance with the European Parliament's own procedures: (a) "2(a)" procedure (errors in the text, introduced after signature) The Council's legal/linguistic experts prepare a corrigendum and submit it to their counterparts in the European Parliament (Legislative Acts Directorate). Once the European Parliament agrees to the text, it is then published in the Official Journal. (b) "2(b)" procedure (in practice, errors in one to ten languages) and "2(c) simplified" procedure (in practice, errors in eleven or more languages) The Council's legal/linguistic experts prepare a corrigendum and submit it to their counterparts in the European Parliament (Legislative Acts Directorate). At the same time, the text is sent to delegations. Once the time-limit (which is to take into account the restrictions specific to the European Parliament) has passed, the text is published in the Official Journal if no comments are forthcoming from Member States to prevent publication, if there is no objection from the European Parliament and if the Presidency gives its agreement.
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(c) "2(c) formal" procedure In this case, the Council formally adopts the relevant corrigendum, which is annexed to a Coreper "I/A item" note. The draft corrigendum should be submitted at the same time to the European Parliament (Legislative Acts Directorate) and the ensuing corrigendum published once that institution's agreement has been obtained.
2.
Procedure followed within the European Parliament The Rules of Procedure of the European Parliament provide a special procedure for the adoption of corrigenda. That procedure must be followed where a text adopted in plenary must undergo, in order to ensure its coherence and quality in keeping with the European Parliament's will, changes which go beyond the correction of typographical errors or corrections that are indispensable in order to guarantee the coherence of the text in all linguistic versions, their linguistic exactness and terminological coherence. There are various stages to the procedure. The draft corrigendum is prepared by the legal/linguistic experts of the European Parliament (Legislative Acts Directorate), where applicable, on the basis of a document received by the Council. The draft is then sent to the competent parliamentary committee. If the committee approves the draft, such approval is announced at the plenary session. If no objection to such approval is made within 48 hours, the corrigendum is deemed approved. In the case of an objection within this time-limit, the European Parliament votes on the corrigendum at the plenary session. _______________
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ANNEX III
CODIFICATION: STANDARD WORDING (standard clauses specific to codification are currently under discussion)
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ANNEX IV
RECAST: STANDARD WORDING
(standard clauses specific to recasts are currently under discussion)
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ANNEX V
SCHENGEN: STANDARD WORDING Iceland and Norway - participation in the application As regards Iceland and Norway, this [instrument] constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis* which fall within the area referred to in Article 1, point [...], of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement**. ________________ * OJ L 176, 10.7.1999, p. 36. ** OJ L 176, 10.7.1999, p. 31. Iceland and Norway - participation in the committees An arrangement should be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its executive powers. Such an arrangement has been contemplated in the Agreement in the form of Exchanges of Letters between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers*, annexed to the Agreement referred to in recital ....1
*
________________ OJ L 176, 10.7.1999, p. 53.
Insert the number of the recital where the Agreement with Iceland and Norway on their Schengen acquis is cited.
association with the
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Switzerland - participation in the application on the basis of any article of the TFEU other than Articles 82-89 (former Part Three, Title IV of the EC Treaty) As regards Switzerland, this [instrument] constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis* which fall within the area referred to in Article 1, point ..., of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC**.1 ________________ * OJ L 53, 27.2.2008, p. 52. ** OJ L 53, 27.2.2008, p. 1. Switzerland - participation in the application on the basis of any of the Articles 82-89 TFEU (former Title VI of the EU Treaty) As regards Switzerland, this [instrument] constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis* which fall within the area referred to in Article 1, point ..., of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA**.2 ________________ * OJ L 53, 27.2.2008, p. 52. ** OJ L 53, 27.2.2008, p. 50. Switzerland - participation in the committees An arrangement should be made to allow representatives of Switzerland to be associated with the work of committees assisting the Commission in the exercise of its executive powers. Such an arrangement has been contemplated in Agreement in the form of an Exchange of Letters between the Council of the European Union and the Swiss Confederation on the committees that assist the European Commission in the exercise of its executive powers*, annexed to the Agreement referred to in recital ...3. ________________ * OJ L 53, 27.2.2008, p. 77.
Even after the fusion of former Part Three, Title IV of the EC Treaty and Title VI of the EU Treaty, the two decisions on Switzerland's association remain applicable and the two cases must be distinguished. The same applies to Liechtenstein. A specific reference to Decision 1999/437/EC is normally unnecessary since it is already contained in a recital concerning Iceland and Norway. Insert the number of the recital where the Agreement with Switzerland on its association with the Schengen acquis is cited.
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Liechtenstein - participation in the application on the basis of any article of the TFEU other than Articles 82-89 (former Part Three, Title IV of the EC Treaty) As regards Liechtenstein, this [instrument] constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point ..., of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC*. ________________ * OJ L 83, 26.3.2008, p. 3. Liechtenstein - participation in the application on the basis of any of the Articles 82-89 TFEU (former Title VI of the EU Treaty) As regards Liechtenstein, this [instrument] constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point ..., of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/262/JHA*.1 ________________ * OJ L 83, 26.3.2008, p. 5.
A specific reference to Decision 1999/437/EC is normally unnecessary since it is already contained in a recital concerning Iceland and Norway. The Protocol referred to has not been published in the Official Journal yet. The two recitals on Liechtenstein will be reviewed once the Protocol is concluded.
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Denmark - non-participation (with possibility of adhesion) In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this [instrument] and is not bound by it or subject to its application. Given that this [instrument] builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this [instrument] whether it will implement it in its national law.1
The United Kingdom - participation The United Kingdom is taking part in this [instrument], in accordance with Article 5(1) of Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis*. ________________ * OJ L 131, 1.6.2000, p. 43. The United Kingdom - non-participation This [instrument] constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis*; the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.2 ________________ * OJ L 131, 1.6.2000, p. 43.
This recital will be reviewed as soon as Denmark has submitted its notification under Article 8(1) of Protocol No 22. No standard recital is proposed for cases covered by the situation described in Article 5(2) to (5) of the Protocol on the Schengen acquis integrated into the Framework of the European Union.
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Ireland - participation Ireland is taking part in this [instrument], in accordance with Article 5(1) of Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis*. _______________ * OJ L 64, 7.3.2002, p. 20. Ireland - non-participation This [instrument] constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis*; Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.1 ________________ * OJ L 64, 7.3.2002, p. 20. New Member States2 As regards Cyprus, this [instrument] constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession. This [instrument] constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession.
No standard recital is proposed for cases covered by the situation described in Article 5(2) to (5) of the Protocol on the Schengen acquis integrated into the Framework of the European Union. These recitals will become redundant as soon as the Member States concerned participate in full in the Schengen acquis.)
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PART THREE, TITLE V TFEU (acts not constituting a development of the Schengen acquis) Denmark - recital on special position In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this [instrument] and is not bound by it or subject to its application.1 Denmark - article (Part Three, Title V, acts not constituting a development of the Schengen acquis) In this [instrument], the term "Member State" shall mean any Member State with the exception of Denmark. Special position of the UK and Ireland - non-participation of both countries In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this [instrument] and are not bound by it or subject to its application. Special position of the UK and Ireland - non-participation of the UK In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this [instrument] and is not bound by it or subject to its application.
This recital will be reviewed as soon as Denmark has submitted its notification under Article 8(1) of Protocol No 22.
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Special position of the UK and Ireland - non-participation of Ireland In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this [instrument] and is not bound by it or subject to its application. Special position of the UK and Ireland - participation of both countries In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this [instrument]. Special position of the UK and Ireland - participation of the UK In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this [instrument]. Special position of the UK and Ireland - participation of Ireland In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and application of this [instrument].
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DEFENCE (Articles 42-46 TEU) Denmark - recital on defence In accordance with Article 5 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications.1 _______________
This recital will be reviewed as soon as Denmark has submitted its notification under Article 8(1) of Protocol No 22.
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ANNEX VI
MISCELLANEOUS (Words and phrases, expressions, designations, various rules) A. 1. (a) STANDARD WORDS AND PHRASES Financial provisions for multiannual programmes Multiannual programmes adopted under the ordinary legislative procedure Recital "[This act] lays down a financial reference amount for the multiannual programme which is to constitute the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management*, for the budgetary authority during the annual budgetary procedure.
*
OJ C 139, 14.6.2006, p. 1." [See point 37 of the Interinstitutional Agreement of 17 May 2006] Enacting terms "The financial reference amount for the implementation of [this programme] for the period is hereby set at [, of which shall be for the period running until 31 December 2013. For the period after 31 December 2006, the corresponding amount shall be deemed to be confirmed if it complies with the financial perspective in force as from 1 January 2014].1 The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective."
The text in square brackets is to be added in those cases where the duration of the programme extends beyond the date of expiry of the current financial perspective (31 December 2013).
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(b) Multiannual programmes not subject to the ordinary legislative procedure Recital "A financial reference amount for the multiannual programme, within the meaning of point 38 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management*, is inserted in [this act], without the powers of the budgetary authority as defined by the Treaty on the Functioning of the European Union being affected thereby."
*
OJ C 139, 14.6.2006, p. 1." 1
Enacting terms "The financial reference amount for the implementation of this programme for the period shall be [, of which shall be for the period running until 31 December 2013. For the period after 31 December 2013, the corresponding amount shall be deemed to be complies with the financial perspective in force as from 1 January 2014].1 confirmed if it
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective."
The text in square brackets is to be added in those cases where the duration of the programme extends beyond the date of expiry of the current financial perspective (31 December 2013).
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2. Recital concerning Article 352 of the TFEU "( ) The Treaty does not provide, for the adoption of this [act] , powers other than those under Article 352."
3.
Recital concerning the principles of subsidiarity and proportionality (Article 5 of the TEU) "( ) Since the objectives of (specify the action and objectives) cannot be sufficiently achieved by the Member States (give reasons) and can therefore, by reason of (specify the scale or effects of the action), be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, (mention the act) does not go beyond what is necessary in order to achieve those objectives."1 Note that this wording is given only by way of example. The use of the wording of Article 5 of the TEU is not obligatory, when the need for action at Union level and, if necessary, the proportionality of the action is evident from the recitals. See , point (c) on page 79.
NB:
Grounds for action when Union competence is not of an exclusive nature. In areas which come under exclusive competence only compliance with the principle of proportionality needs to be justified.
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B. NUANCES TO BE OBSERVED
1.
Without prejudice to/subject to/notwithstanding/by way of derogation from "Without prejudice to" means "without affecting ", "independently of", "leaving intact ":
Without prejudice to the obligations set out in Without prejudice to [the application] of Article
"Subject to" means "on condition that the following is observed":
Subject to the conditions set out in Subject to [the application] of Article
"Notwithstanding" means "despite, in spite of", "without obstruction from or by":
Notwithstanding the general rule , certain specific criteria may be fixed Notwithstanding Article
"By way of derogation from " means "by way of exception from ":
NB:
By way of derogation from Article

Often a derogation is introduced by the term "However" or by the phrase "(Paragraph, subparagraph) shall not apply where ".
2.
For the purposes of "For the purposes of" means "for the needs/requirements of", e.g.: "1. 2. Producer groups shall be empowered to .. For the purposes of [applying] paragraph 1, "producer groups" shall mean "
"Within the meaning of" means "as defined in", e.g.: "3. Producer groups within the meaning of paragraph 2 shall "
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3. (Does not concern the English version)
C.
EXPRESSIONS FOR THE COMMUNITY IN ITS VARIOUS FORMS1 Because of successive accessions to the Community, some texts complying with the requirements of the transitional phases refer to the following formations of the Community: the Community as constituted on 31 December 1980 (sometimes termed the "Community of Nine"); the Community as constituted on 31 December 1985 (sometimes termed the "Community of Ten"); the Community as constituted on 31 December 1994 (sometimes termed the "Community of Twelve"); the Community as constituted on 30 April 2004 (sometimes termed the "Community of Fifteen"); the Community as constituted on 31 December 2006 (sometimes termed the "Community of Twenty-five");
For acts of accession, see page 68, footnote 1.
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185 D. DETAILS CONCERNING THE DESIGNATION OF CERTAIN COUNTRIES OR AUTHORITIES 1. Czech Republic/Ireland/Malta/Romania
There is no shortened form for the Czech Republic. There is no long protocol form for Ireland, Malta or Romania. For example: products originating in Bulgaria, the Czech Republic, Ireland, Hungary, Malta, Poland, Romania and Slovakia.
2.Greece The official name is the Hellenic Republic. NB: With the exception of this name, the adjective used in English for this country is "Greek" (Greek Government, Greek authorities, etc.).
3.Finland (Does not concern the English version)
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4.United Kingdom Care is called for in describing the following governmental offices: "Secretary of State" (a higher ministerial rank in the United Kingdom than "Minister") is rendered "ministre" in French, that being the higher rank in France. Thus, "Secretary of State for Foreign and Commonwealth Affairs" is rendered "ministre des affaires trangres et du Commonwealth"; "Minister of State" (a lower ministerial rank) is rendered "ministre adjoint" (the equivalent of "secrtaire d'tat" in France) in French; thus "Minister of State for Foreign and Commonwealth Affairs" becomes "secrtaire d'tat aux affaires trangres et au Commonwealth" or "ministre adjoint des affaires trangres et du Commonwealth".
E.
FISHERY ZONES AND NAMES OF THEIR SUBDIVISIONS 1. ICES demarcation (see OJ C 347, 31.12.1985, p. 14) (North-East Atlantic) subarea subarea subarea subarea subarea subarea subarea subarea subarea subarea subarea subarea I II: III: IV: V: VI: VII: divisions II a; II b divisions III a; III b, c; III d divisions IV a; IV b; IV c divisions V a; V b divisions VI a, VI b divisions VII a; VII b; VII c; VII d; VII e; VII f; VII g; VII h; VII j; VII k divisions VIII a; VIII b; VIII c; VIII d; VIII e divisions IX a; IX b
VIII: IX: X XII XIV: divisions XIV a; XIV b
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2. NAFO1 demarcation (see OJ L 378, 30.12.1978, p. 25) (North-West Atlantic) subarea 0: subarea 1: subarea 2: subarea 3: subarea 4: subarea 5: subarea 6: divisions 0 A; 0 B divisions 1 A; 1 B; 1 C; 1 D; 1 E; 1 F divisions 2 G; 2 H; 2 J divisions 3 K: 3 L; 3 M; 3 N; 3 O; division 3 P (subdivision 3 Pn; subdivision 3 Ps) divisions 4 R; 4 S; 4 T; divisions 4 V (subdivision 4 Vn; subdivision 4 Vs); divisions 4 W; 4 X division 5 Y; division 5 Z (portion 5 Ze; portion 5 Zw) divisions 6 A; 6 B; 6 C; 6 D; divisions 6 E; 6 F; 6 G; 6 H
3.
FAO demarcation (see OJ C 335, 24.12.1985, p. 2)
I.
West Atlantic area 31: area 41: subarea 31.4 (division 31.4.2) subarea 31.10 (divisions 31.10.3; 31.10.4) subarea 31.11 subarea 41.1 (division 41.1.1)
II.
Eastern Central Atlantic (or CECAF area) area 34: subarea 34.1 (divisions 34.1.1; 34.1.2; 34.1.3) subarea 34.2 subarea 34.3 (divisions 34.3.1; 34.3.2; 34.3.3; 34.3.4; 34.3.5; 34.3.6) subarea 34.4 (divisions 34.4.1; 34.4.2)
III.
Mediterranean and Black Sea area 37: subareas 37.1; 37.2; 37.3; 37.4; 37.5; 37.6; 37.7; 37.8
Northwest Atlantic Fisheries Organization.
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IV. Indian Ocean V. area 51: subareas 51.6; 51.7
Antarctica area 48: area 58: area 88: subareas 48.1; 48.2; 48.3; 48.4; 48.5; 48.6 subarea 58.4 (divisions 58.4.1; 58.4.2; 58.4.3; 58.4.4) subareas 58.5; 58.6; 58.7 subareas 88.1; 88.2; 88.3
NB: 1.
In regulations fixing the TAC (total allowable catch), the multilingual tables use the uniform term "zone" for all these sub-areas and divisions, and the monolingual tables the terms "[geographical] zone" (plus, sometimes, the term "geographical region") in order to describe the zone more precisely or, where appropriate, "ICES division". The term "zone" is also used, without any specific nuance, in common expressions such as "in the zone to the south of ", "the zone in question", "EU zone", "EU zone excluded", "within a three-mile zone". It should be noted that in English the adjective qualifying mile is "nautical" (and not "marine").
2.
F.
RENUMBERING ACCORDING TO THE TREATY OF LISBON 1. General comment By virtue of Article 5 of the Treaty of Lisbon, Articles, sections, chapters, titles and parts of the TEU and TFEU , as amended by that Treaty, were renumbered in accordance with the table of equivalences set out in the Annex to that Treaty, of which they form an integral part. A codified version was established on this basis.
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2. Numbering in the case of references Articles, sections, chapters, titles and parts of the TEU and TFEU are cited according to the numbering resulting from the Treaty of Lisbon in its codified version, without any reference to the former numbering. This rule applies also: where acts which were adopted before the Treaty of Lisbon came into force, and which contain references which therefore follow the former numbering, are being amended. In the amending act, references are made on the basis of the codified version. Any inconsistency between the basic act and the amending act with regard to numbering will be corrected at a later date, more particularly when codification takes place, where a title which contains a reference using the former numbering is cited. This reference is then changed, following the codified version. The number adjusted will be accompanied by note similar to the following, which was used after the renumbering introduced by the Treaty of Amsterdam: "(1)
Editorial note: The title of (e.g. Regulation No 19/65/EEC) has been adjusted to take account of the renumbering of the articles of the Treaty) (e.g. establishing the European Community), in accordance with Article 12 of the Treaty of Amsterdam; the original reference was to (e.g. Article 85(3) of the Treaty)."
Often it may be possible to avoid citing a former reference by paraphrasing and shortening the title; in the case of a legal basis or procedure, mention thereof is, in some cases, superfluous (cf. page 65(c), third indent, and page 70, point 1.51.3., third indent).
G. 1. SOME COMMENTS ON THE USE OF THE ENGLISH LANGUAGE Use of "should", "shall" and "will" "Should" is used in the recitals to give the reason for what is enacted in the Articles. "Shall" is used in the enacting terms of the instrument (in Community acts, the Articles for the most part). It has a mandatory connotation. It is not the future tense. "Shall" is the future tense in only the first person (singular and plural) and therefore is unlikely to occur in a legislative text. Thus the future tense of "to go" is as follows:
I shall go you will go he, she, it will go
we shall go you will go they will go
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"Will", when used in the first person, singular or plural, implies choice, volition or intention (not the future see above). In other than the first person, singular or plural, choice, command (e.g. for legislative purposes), volition or intention would be expressed by "shall". The following examples may serve to illustrate the point: "I shall drown and nobody will save me" (spoken by a born pessimist) and "I will drown and nobody shall save me" (spoken by someone intent on suicide). It is worth noting that the above "hard and fast" rule is being eroded even in European English and that in any case it does not apply in some English-speaking countries. Since "shall" has a mandatory connotation, its use should be limited to provisions imposing a duty to act. The negative form should be expressed as "shall not" rather than "may not".
"This", "that", "these" and "those" In most cases, "that" and "those" should be used in preference to "this" and "these". The use of "this" is appropriate only where the thing referred to is, metaphorically speaking, right in front of the reader (e.g. "this Manual of Precedents")
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Manual of Precedents For Acts Established Within TheCouncil of The European Communities Form - Acts - en

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SN 1250/1/10 REV 1 (OR.

Version of 9 July 2010

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PART I FORMS OF LEGAL ACTS

RECOMMENDATIONS 4.1. Recommendations in simple form 4.2. Recommendations in elaborate form

A detailed table of contents appears on the following pages.

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Page III. ACTS ADOPTED BY THE EUROPEAN COUNCIL 48

DECISIONS OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

PART II GENERAL INFORMATION

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ANNEXES FOOTNOTES 6.1. General 6.2. References to the Official Journal

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147 147 155

161 161 162 164 165

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ANNEX V SCHENGEN: STANDARD WORDING

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SOME COMMENTS ON THE USE OF THE ENGLISH LANGUAGE

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FORM OF LEGAL ACTS

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For citations, see p. 76.

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HAVE ADOPTED THIS REGULATION:

For recitals, see p. 79.

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Directives DIRECTIVE 2010//EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of .

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HAVE ADOPTED THIS DIRECTIVE: Article 1

For recitals, see p. 79.

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Decisions DECISION No /2010/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of

For citations, see p. 76.

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HAVE ADOPTED THIS DECISION: Article 1

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[It shall apply (from ) (until ).] [It shall expire on ]

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Directives COUNCIL DIRECTIVE 2010//EU of

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Decisions COUNCIL DECISION No. /2010/EU of

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For recitals, see p.79.

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Done at 2, For the Council The President _______________

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NON-LEGISLATIVE ACTS REGULATIONS

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