TNAG-1297-FCO40-1652-Visit-by-Sir-Geoffrey-Howe--Secretary-of-State-for-Foreign-a-1984 — Page 213

(b) A separate Council of Ministers under each Treaty, consisting of one representative of each Government of the Member States1 (EEC Treaty, Articles 145 to 154, EURATOM Treaty, Articles 115 to 123, ECSC Treaty, Articles 26 to 30).

(c) A separate body known as the Commission in the EEC and EURATOM Treaties and as the High Authority in the ECSC Treaty. The EEC Commission consists of nine members, of which not more than two are of the same nationality. The EURATOM Commission consists of five members, each of a different nationality. The High Authority consists of nine members, of which not more than two are of the same nationality. Each of the Treaties provides that this body is to carry out its functions in complete independence and in the general interests of the Community (EEC Treaty, Articles 155 to 163, EURATOM Treaty, Articles 124 to 135, ECSC Treaty, Articles 8 to 19).

(d) A single Court of Justice, consisting of seven judges and two Advocates General, exercising jurisdiction under each of the three Treaties (EEC Treaty, Articles 164 to 188, EURATOM Treaty, Articles 136 to 160, ECSC Treaty, Articles 31 to 45).

(e) A number of ancillary bodies mostly of a consultative nature.

6. Under a Treaty signed on 8th April 1965 (known as the Treaty of Fusion), the three Councils are to be amalgamated into a single new body to be known as the Council of the European Communities (Article 1), and the two Commissions and the High Authority are to be amalgamated into a single new body to be known as the Commission of the European Com- munities (Article 9). It was envisaged that this Treaty would enter into force on 1st January 1966, but it has not yet been ratified by all Member States.2

3

7. The European Parliament is a deliberative and consultative body having (except in one matter) no legislative or executive functions. Its influence is exercised through public opinion expressed in open debate. It must have an annual session and in practice meets more frequently at the request of a majority of its members or at the request of the Council or the Commission or High Authority. The European Parliament has the ultimate sanction of a vote of censure on the activities of the Commission and the High Authority which, if carried by a two-thirds majority of the votes cast representing a majority of the members, operates to require the resignation en bloc of the censured body. Such a censure vote may be moved at any time against the

1 References in this paper to "the Council are intended, if the context is a general one, to cover each of the three Councils of Ministers, and similarly references to " the Commission are intended to cover the EEC Commission and the EURATOM Commission.

2 The Treaty of Fusion repeals and amends certain provisions of the Treaties setting up the European Communities (see Articles 7, 8, 19, 21, 23, 24 and 26-28). These amendments are consequential upon the amalgamation of the institutions but otherwise do not alter materially the provisions of the Treaties. Since the Treaty is not yet in force these amendments have been ignored for the purposes of this paper. When the Treaty has been ratified an English translation will be published by the Stationery Office.

3 The exception is under Article 95 of the ECSC Treaty, which provides for limited amend- ment of the powers of the High Authority on a joint proposal of that body and the Council. The ultimate power of approving such amendments lies with the European Parliament: see fourth paragraph of Article 95.

4