24.7.1999 Official Journal of the European Communities L 192/53 COUNCIL DECISION of 9 July 1999 on the composition of the Commission (1999/493EC, ECSC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, (EC), and in particular Article 215 thereof, Having regard to the Treaty establishing the European Coal and Steel Community (ECSC), and in particular Article 12 thereof, as members of the European Parliament; membership of the European Parliament being incompatible with membership of the Commission, Mr Santer and Ms Bonino had decided in favour of their parliamentary mandates and wanted the procedure laid down in Article 215 of the EC Treaty to be completed by 19 July 1999, the day before the inaugural session of the European Parliament; Having regard to the Treaty establishng the European Atomic (6)  Under the third paragraph of Article 215 of the EC Energy Community (EAEC), and in particular Article 128 Treaty and the corresponding Articles of the ECSC and thereof, EAEC Treaties, in the event of resignation the President of the Commission is replaced for the remainder of his term of office, the procedure applicable for his replace- Whereas: ment being that laid down in Article 214(2) of the EC Treaty; under the fourth paragraph of Article 215, save (1) By letter of 16 March 1999 Mr Jacques Santer, President in the case of compulsory retirement, Members of the of the Commission of the European Communities, Commission remain in office until they have been informed Mr Gerhard Schroder, President of the Confer- replaced; under the second paragraph of Article 215, the ence of the Representatives of the Governments of the Council may, acting unanimously, decide that such a Member States of the European Union, of the decision vacancy need not be filled; by the Member of the Commission to resign as a body and to refer their appointment back to the Governments ()  After the resignation which took place on 16 March of the Member States; 1999, the procedure laid down in Article 214(2) of the EC Treaty for appointing the President and Members of (2)  In their letter of resignation the President and Members the future Commission was immediately put in hand; of the Commission declared that pursuant to the fourth the Heads of State or Government of the Member States paragraph of Article 215 of the Treaty establishing the meeting in Berlin on 24 and 25 march 1999 chose Mr European Community and the corresponding Articles of Romano Prodi by common accord as their nominee for the ECSC and EAEC Treaties they would discharge their President of the Commission; the procedure for duties until they had been replaced in accordance with appointing the President and Members of Commission the procedures laid down in the Treaties; to replace the resigning President and Members is under way and should be completed in September 1999; (3) In a declaration of 22 March 1999 the Council stated that although it considered that a new Commission (8)  In these circumstances, and in view of the foregoing, should be appointed as rapidly as possible, in compli- note should be taken of the requests by Mr Santer, Mr ance with the procedures specified in the Treaty of Bangemann and Ms Bonino to be relieved of their duties Amsterdam, it wished the Commission to continue to at the Commission; it should be decided tha there is no discharge its duties until then as provided for in the need to replace them pending appointment of the new Treaties; Commission, (4) By letter of 29 June 1999 Mr Martin Bangemann, Member of the Commission, informed Mr Gerhard Schroder, President of the Conference of the Representa- tives of the vaernments of the Member States of the HAS DECIDED AS FOLLOWS: European Union, that he no longer intended to discharge his duties within the Commission, and expressed his intention of taking up a company appoint- ment; Article 1 (5) By letters of 6 July 1999 Mr Jacques Santer, President of the Commission, and Ms Emma Bonino, Member of the Commission, informed Mr Paavo Lipponen, President of the Conference of the Representatives of the Govern- ments of the Member States, that they had been elected Note is hereby taken of the requests by Mr Jacques Santer, Mr Martin Bangemann and Ms Emma Bonino to be relieved of their duties at the Commission of the European Communities. There will be no need to replace them.