Article 12 ( * )

( * ) As inserted by Article H( 2 ) TEU.

Apart from normal replacement, or death, the duties of a Member of the Commission shall  end when he resigns or is compulsorily retired.

The vacancy thus caused shall be filled for the remainder of the Member's term of office by a  new Member appointed by common accord of the governments of the Member States. The  Council may, acting unanimously, decide that such a vacancy need not be filled.

In the event of resignation, compulsory retirement or death, the President shall be replaced for  the remainder of his term of office. The procedure laid down in Article 10 ( 2 ) shall be  applicable for the replacement of the President.

Save in the case of compulsory retirement under Article 12a, Members of the Commission  shall remain in office until they have been replaced.

Article 12a

( * ) As inserted by Article H( 2 ) TEU.

If any Member of the Commission no longer fulfils the conditions required for the  performance of his duties or if he has been guilty of serious misconduct, the Court of Justice  may, on application by the Council or the Commission, compulsorily retire him.

Article 13 ( * )

( * ) As inserted by Article H( 2 ) TEU.

The Commission shall act by a majority of the number of Members provided for in Article 9.

A meeting of the Commission shall be valid only if the number of Members laid down in its  Rules of Procedure is present.

Article 14

In order to carry out the tasks assigned to it the Commission shall, in accordance with the  provisions of this Treaty, take decisions, make recommendations or deliver opinions.  Decisions shall be binding in their entirety.

Recommendations shall be binding as to the aims to be pursued but shall leave the choice of  the appropriate methods for achieving these aims to those to whom the recommendations are  addressed.

Opinions shall have no binding force.

In cases where the Commission is empowered to take a decision, it may confine itself to  making a recommendation.

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