the same status as recommendations and opinions under the other two Treaties.1
14. The Treaties regulate the manner in which the Council of Ministers is to reach its decisions. The voting rule in the EEC is that the Council's resolutions are reached by a majority of its members, except where otherwise provided in the Treaty. However, nearly all the powers of the EEC Council to enact regulations or to issue directives are exercised unanimously or by what is known as a qualified majority", that is a majority of 12 votes out of 17.2 The completion of the second stage of the Community's transitional period and the commencement of the third stage on 1st January 1966, carried with it the consequence that, while a substantial number of important matters would continue to be decided by unanimity, certain matters previously to be decided unanimously (e.g., commercial relations with third countries under Article 111.3) were henceforward to be decided by qualified majority vote. This change in voting procedure was, however, accompanied by differences of opinion among the Six. At their meeting at Luxembourg in January 1966, they agreed that when, in the case of decisions which may be taken by majority vote on a proposal of the Commission, very important interests of one or more Member States were in question, members of the Council are to endeavour to reach within a reasonable period solutions which could be adopted unanimously. The French delegation considered that when very important interests were in issue discussion should continue until unanimous agreement was reached; but this was not accepted by the other countries, and it was simply noted that there was a difference of opinion within the Six on what happened when a complete resolution of the divergent views was not achieved. In the case of the EURATOM Treaty the requirement of unanimity or a qualified majority applies to many of the more important powers of the Council.
15. In exercising its powers to make instruments the Council acts in most instances on a proposal by the Commission and in such cases, even in matters where the Council is empowered to act by less than a unanimous vote, it may only amend the Commission's proposal unanimously. As already stated con- sultation with the European Parliament is required in many of the more important instances, and the two Treaties also make provision in appropriate cases for consultation with the Economic and Social Committee.
16. The position under the ECSC Treaty is different, because under Article 14 the High Authority is the principal instrument-making body and the role of the Council is largely consultative and approbatory.3 Broadly speaking the Treaty requires the Council to be consulted before the exercise of important powers, and in many cases the High Authority's proposal has to receive the approval of the special majority laid down by Article 28.3 of the Treaty' and in some cases the unanimous approval of the Council. There
1 There is an exception in the case of Article 54 (which deals with investment programmes for coal and steel). ~An opinion issued under the fourth paragraph by the High Authority is given the force of a decision by the fifth paragraph, in the circumstances there specified.
2 See Article 148 of the EEC Treaty, which gives 4 votes each to France, Germany and Italy, 2 votes each to Belgium and the Netherlands, and 1 vote to Luxembourg.
3 The Council does have some power of taking decisions; e.g., under Articles 59 and 72.
4 Paragraph 2 of Article 8 of the Treaty of Fusion amends in certain respects the voting procedures set out in Article 28.
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