asked the Minister for Foreign Affairs if he considers it within the competence of the Commission of the EEC to make statements regarding the levels of fines and penalties which the Irish Government propose to impose for breaches of Irish legislation; and whether there is any principle in the Treaty of Rome or the Treaty of Accession which requires the harmonisation of penalties among member States of the EEC in respect of matters covered by the Treaties.
Ceisteanna—Questions. Oral Answers. - Application of EEC Treaties.
33.
The Commission of the European Communities has a general competence to comment on proposed legislation implementing the Treaties and the Acts of the institutions.
Article 155 of the Rome Treaty empowers the Commission, in order to ensure the proper functioning and development of the Common Market, to
—ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied;
—formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressly so provides or if the Commission considers it necessary;
—have its own power of decision and participate in the shaping of measures taken by the Council and by the Assembly in the manner provided for in this Treaty;
—exercise the powers conferred on it by the Council for the implementation of the rules laid down by the latter.
There is, however, no provision in the Treaties requiring harmonisation of penalties.