Question (c)
4
In
"The division of competence also would affect
Assembly proposed to be establis..ed under the draft Treaty. The presont
wording o: Article C of the p. openals of the Delegatɔwyn. Cresce
referred to the right of intergovernmental organisations to vote "in
cases of votes on matters within their competence".
Answer
As regards the right to vote as proposed in Article C of the amendments
submitted by Greece on behalf of the Member States of the European
Communities, the right to vote attaches to the status of a contracting
party. The fact that both the EEC and its Member States need to be
parties to the treaty has to be taken into account. The question as to
who should vote should follow the internal division of powers in the EEC
and generally will follow from the EEC directive quoted above. This
solution guarantees to all other contracting parties to the future treaty
that there will in no case be a vote in addition to the number of votes
attributed to the Member States of the EEC party to the future treaty.
Similarly, the transfer of powers by Member States to the EEC should
remain neutral as to the number or weight of votes. Otherwise, an
Imbalance would exist between the votes cast by
the Community and those cast by its Member States.
This principle has been applied in numerous agreements and has so far not
given rise to problems. As to the practical question of who will vote on
a given subject, it is clear that due information will need to be
provided at the time of voting by the Community and its Member States.
As has already been explained, however, it is impossible due to the very
nature of the EEC to Indicate in advance an abstract list of matters
falling under Community competence In addition to what has been said
above.