**Executive Summary:**
This European Council Decision appoints the European Commission for the term from December 1, 2019, to October 31, 2024, following the end of the previous Commission's term. Ursula VON DER LEYEN is appointed as President, and Josep BORRELL FONTELLES as High Representative. The decision addresses the UK's failure to nominate a Commissioner and includes a list of appointed members.
**Key Points / Main Content:**
* **Appointment of the Commission:**
* The European Council appointed the new European Commission.
* The term of office is from December 1, 2019, to October 31, 2024.
* The Commission consists of one national from each Member State, including the President and the High Representative.
* **Key Personnel:**
* Ursula VON DER LEYEN is appointed President of the Commission.
* Josep BORRELL FONTELLES is appointed High Representative of the Union for Foreign Affairs and Security Policy and Vice-President.
* **Composition of the Commission:**
* Lists the appointed members of the Commission.
* The Commission is composed of a number of Members equal to the number of Member States.
* **United Kingdom's Position:**
* The UK did not suggest a candidate for Commissioner despite obligations under Union law.
* The European Council noted that the absence of a UK nominee should not impede the Commission's appointment or functioning.
* **European Parliament's Consent:**
* The European Parliament gave its consent to the appointment of the President, the High Representative, and the other members of the Commission.
* **Entry into Force:**
* This Decision shall enter into force on 1 December 2019.
**Impact Analysis:**
* **European Commission:**
* *Impact:* The Decision formally establishes the new Commission, defining its composition and term of office, enabling it to exercise its powers under the Treaties.
* *Action Required:* The newly appointed Commission members must assume their responsibilities and begin executing their duties.
* **European Council:**
* *Impact:* The European Council fulfils its treaty obligations by appointing the Commission.
* *Action Required:* Ensure the decision is published in the Official Journal of the European Union.
* **European Parliament:**
* *Impact:* The European Parliament's consent is acknowledged as a prerequisite for the Commission's appointment.
* *Action Required:* Continue to work with the newly appointed Commission.
* **Member States:**
* *Impact:* Each Member State has a national serving on the Commission, except for the United Kingdom.
* *Action Required:* Continue to cooperate with the newly appointed Commission.
* **United Kingdom:**
* *Impact:* The UK is noted for not nominating a candidate for the Commission, despite being a Member State at the time of the decision.
* *Action Required:* N/A
Key Entities Referenced
European Council: The institution of the European Union, consisting of the heads of state or government of the member states, along with its President and the President of the European Commission.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on European Union: One of the two primary treaties upon which the European Union is founded.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary powers with the Council of the European Union.
Ursula VON DER LEYEN: The President of the European Commission.
Josep BORRELL FONTELLES: The High Representative of the Union for Foreign Affairs and Security Policy.
United Kingdom: A country that was formerly a member state of the European Union.
Brussels: The location where the European Council Decision was done.
L 308/100 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 29.11.2019
EUROPEAN COUNCIL DECISION (EU) 2019/1989
of 28 November 2019
appointing the European Commission
THE EUROPEAN COUNCIL,
Having regard to the Treaty on European Union, and in particular Article 17(3) and the third subparagraph of Article 17(7)
thereof,
Whereas:
(1) The term of office of the Commission appointed by European Council Decision 2014/749/EU (1) came to an end on
31 October 2019.
(2) In accordance with Article 17(5) of the Treaty on European Union (TEU), the European Council adopted Decision
2013/272/EU (2) concerning the number of members of the European Commission.
(3) A new Commission, consisting of one national of each Member State, including its President and the High
Representative of the Union for Foreign Affairs and Security Policy, should be appointed until 31 October 2024.
(4) The European Council nominated Ms Ursula VON DER LEYEN as the person put forward to the European Parliament
as President of the Commission, and the European Parliament elected her as President of the Commission at its
Plenary Session of 16 July 2019.
(5) By Decision (EU) 2019/1330 (3), the European Council, with the agreement of the President-elect of the
Commission, appointed Mr Josep BORRELL FONTELLES High Representative of the Union for Foreign Affairs and
Security Policy for the period from the end of the current term of office of the Commission until 31 October 2024.
(6) On 19 October 2019, the United Kingdom submitted a request for an extension of the period provided for in Article
50(3) TEU until 31 January 2020. By letter of 28 October 2019, the draft text of the European Council Decision,
extending that period until the requested date, was transmitted to the United Kingdom for its agreement. By letter of
28 October 2019, the United Kingdom agreed, in accordance with Article 50(3) TEU, both to the extension and to
the text of the draft European Council Decision. On 29 October 2019, the European Council adopted that
Decision (4).
(7) By agreeing to Decision (EU) 2019/1810, the United Kingdom confirmed its commitment to act in a constructive
and responsible manner throughout the extension period in accordance with the duty of sincere cooperation. It also
agreed that the extension could not be allowed to undermine the regular functioning of the Union and its
institutions. Finally, given that the consequence of the extension is that, in accordance with Article 50 TEU, the
United Kingdom remains a Member State with full rights and obligations until the withdrawal date, the United
Kingdom agreed that this includes the obligation to suggest a candidate for appointment as a member of the
Commission. However, the United Kingdom did not suggest a candidate for Commissioner.
(1) European Council Decision 2014/749/EU of 23 October 2014 appointing the European Commission (OJ L 311, 31.10.2014, p. 36).
(2) European Council Decision 2013/272/EU of 22 May 2013 concerning the number of members of the European Commission (OJ L
165, 18.6.2013, p. 98).
(3) European Council Decision (EU) 2019/1330 of 5 August 2019 appointing the High Representative of the Union for Foreign Affairs
and Security Policy (OJ L 207, 7.8.2019, p. 36).
(4) European Council Decision (EU) 2019/1810 taken in agreement with the United Kingdom of 29 October 2019 extending the period
under Article 50(3) TEU (OJ L 278 I, 30.10.2019, p. 1).29.11.2019 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 308/101
(8) On 6 November 2019, the Commission President-elect invited the United Kingdom to suggest one or more persons
who, by their general competence, independence and European commitment, would be suitable to become a
member of the next Commission. The United Kingdom did not respond to that letter. On 12 November 2019, the
Commission President-elect sent a second letter with the same invitation, recalling the United Kingdom’s
obligations under the TEU, and Decision (EU) 2019/1810. On 13 November 2019, the United Kingdom replied to
both letters and indicated that the United Kingdom was not in a position to suggest a candidate for the post of
Commissioner in view of the upcoming general election. On 14 November 2019, the Commission launched
infringement proceedings against the United Kingdom, following its failure to suggest a candidate for
Commissioner, by sending a letter of formal notice to the United Kingdom in accordance with Article 258 of the
Treaty on the Functioning of the European Union (TFEU). In that letter, the Commission recalled that, in accordance
with established case-law of the Court of Justice of the European Union, a Member State may not invoke provisions
prevailing in its domestic legal system to justify failure to observe obligations arising under Union law. The
authorities of the United Kingdom had until 22 November 2019 to submit their observations on that letter of
formal notice.
(9) The European Council notes that, notwithstanding the obligations under Union law which were recalled in Decision
(EU) 2019/1810 and specifically agreed to by the United Kingdom, no candidate for a member of the Commission
has been suggested by the United Kingdom. This cannot undermine the regular functioning of the Union and its
institutions and thus cannot constitute an obstacle to the appointment of the next Commission in order for it to
start exercising the full range of its power under the Treaties as soon as possible. The European Council notes that
although only 27 persons are hereby appointed as Members of the Commission, the Commission is composed, in
accordance with Decision 2013/272/EU, of a number of Members equal to the number of Member States. It also
notes that after the Commission has been appointed, Article 246, second paragraph, TFEU will apply.
(10) By Decision (EU) 2019/1393 (5), the Council adopted by common accord with the President-elect of the Commission
the list of the other persons whom it proposes for appointment as Members of the Commission. By Decision (EU)
2019/1949 (6), repealing and replacing Decision (EU) 2019/1393, the Council adopted by common accord with the
President-elect of the Commission a new list of the other persons whom it proposes for appointment as Members of
the Commission.
(11) By means of a vote held on 27 November 2019, the European Parliament gave its consent to the appointment, as a
body, of the President, the High Representative of the Union for Foreign Affairs and Security Policy, and the other
members of the Commission.
(12) The Commission should therefore be appointed,
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the European Commission for the period from 1 December 2019 to 31 October
2024:
— as President:
Ms Ursula VON DER LEYEN
— as Member, Vice-President, pursuant to Article 18(4) TEU:
Mr Josep BORRELL FONTELLES, High Representative of the Union for Foreign Affairs and Security Policy
(5) Council Decision (EU) 2019/1393 taken by common accord with the President-elect of the Commission, of 10 September 2019
adopting the list of the other persons whom the Council proposes for appointment as Members of the Commission (OJ L 233 I,
10.9.2019, p. 1).
(6) Council Decision (EU) 2019/1949 taken by common accord with the President-elect of the Commission of 25 November 2019
adopting the list of the other persons whom the Council proposes for appointment as Members of the Commission, and repealing and
replacing Decision (EU) 2019/1393 (OJ L 304, 26.11.2019, p. 16).L 308/102 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 29.11.2019
— as Members:
Mr Thierry BRETON
Ms Helena DALLI
Mr Valdis DOMBROVSKIS
Ms Elisa FERREIRA
Ms Mariya GABRIEL
Mr Paolo GENTILONI
Mr Johannes HAHN
Mr Phil HOGAN
Ms Ylva JOHANSSON
Ms Věra JOUROVÁ
Ms Stella KYRIAKIDES
Mr Janez LENARČIČ
Mr Didier REYNDERS
Mr Margaritis SCHINAS
Mr Nicolas SCHMIT
Mr Maroš ŠEFČOVIČ
Ms Kadri SIMSON
Mr Virginijus SINKEVIČIUS
Ms Dubravka ŠUICA
Mr Frans TIMMERMANS
Ms Jutta URPILAINEN
Ms Adina VĂLEAN
Mr Olivér VÁRHELYI
Ms Margrethe VESTAGER
Mr Janusz WOJCIECHOWSKI.
Article 2
This Decision shall enter into force on 1 December 2019.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 28 November 2019.
For the European Council
The President
D. TUSK