11957E087

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ARTICLE 87

1 . WITHIN THREE YEARS OF THE ENTRY INTO FORCE OF THIS TREATY THE COUNCIL SHALL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION AND AFTER CONSULTING THE ASSEMBLY , ADOPT ANY APPROPRIATE REGULATIONS OR DIRECTIVES TO GIVE EFFECT TO THE PRINCIPLES SET OUT IN ARTICLES 85 AND 86 .

IF SUCH PROVISIONS HAVE NOT BEEN ADOPTED WITHIN THE PERIOD MENTIONED , THEY SHALL BE LAID DOWN BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION AND AFTER CONSULTING THE ASSEMBLY .

2 . THE REGULATIONS OR DIRECTIVES REFERRED TO IN PARAGRAPH 1 SHALL BE DESIGNED , IN PARTICULAR :

( A ) TO ENSURE COMPLIANCE WITH THE PROHIBITIONS LAID DOWN IN ARTICLE 85 ( 1 ) AND IN ARTICLE 86 BY MAKING PROVISION FOR FINES AND PERIODIC PENALTY PAYMENTS ;

( B ) TO LAY DOWN DETAILED RULES FOR THE APPLICATION OF ARTICLE 85 ( 3 ) , TAKING INTO ACCOUNT THE NEED TO ENSURE EFFECTIVE SUPERVISION ON THE ONE HAND , AND TO SIMPLIFY ADMINISTRATION TO THE GREATEST POSSIBLE EXTENT ON THE OTHER ;

( C ) TO DEFINE , IF NEED BE , IN THE VARIOUS BRANCHES OF THE ECONOMY , THE SCOPE OF THE PROVISIONS OF ARTICLES 85 AND 86 ;

( D ) TO DEFINE THE RESPECTIVE FUNCTIONS OF THE COMMISSION AND OF THE COURT OF JUSTICE IN APPLYING THE PROVISIONS LAID DOWN IN THIS PARAGRAPH ;

( E ) TO DETERMINE THE RELATIONSHIP BETWEEN NATIONAL LAWS AND THE PROVISIONS CONTAINED IN THIS SECTION OR ADOPTED PURSUANT TO THIS ARTICLE .