THOROGOOD PROFESSIONAL INSIGHTS
A SPECIALLY COMMISSIONED REPORT
EUROPEAN LOBBYING GUIDE A GUIDE ON WHOM AND HOW TO LOBBY
Bryan Cassidy
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A Thorogood Report
EUROPEAN LOBBYING GUIDE A guide on whom and how to lobby
Bryan Cassidy
Published by Thorogood
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© Bryan Cassidy 1999
Practical Techniques for Effective Lobbying Charles Miller
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The author Bryan Cassidy was a Member of the European Parliament for 15 years from 19841999 specialising in economic, industry and monetary affairs. During that time, as a recipient of too much ill thought out lobbying from the proliferating interest and pressure groups in Brussels, he became an expert on the subject. He a business advisor, lecturer and writer on the European Union. Before his election to the European Parliament, he had a successful career in international business and he is a former member of the Council of Confederation of British Industry (CBI).
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Contents
FOREWORD TO THE LOBBYING GUIDE
1
Preface...........................................................................................................2 Further information.......................................................................................4
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EUROPEAN LOBBYING GUIDE
7
Lobbying – an introduction ...........................................................................8 What is lobbying? ..........................................................................................9 Interest groups and pressure groups...........................................................10 Governments as lobbyists............................................................................10
2
THE ‘INSTITUTIONS’ OF THE EUROPEAN UNION
11
European Union (EU) or European Community (EC)? ................................12 The European Council.................................................................................13 The Council .................................................................................................13 The European Commission .........................................................................23
EUROPEAN
LOBBYING
3
GUIDE
THE EUROPEAN PARLIAMENT AND OTHER BODIES 29
The Single European Act .............................................................................30 The Maastricht Treaty..................................................................................31 The Treaty of Amsterdam ............................................................................31 The Co-decision Procedure .........................................................................33 Parliamentary Committees ..........................................................................33 Composition and profile .............................................................................34 The European Parliament and the Budget ...................................................36 Parliamentary Committees of Inquiry and committee public hearings ......37
4
THE DIFFERENT KINDS OF EUROPEAN COMMUNITY LAW
41
The Economic and Social Committee .........................................................42 The Committee of the Regions ...................................................................44 The Court of Justice of the European Communities (ECJ) ..........................45 Other bodies................................................................................................46 The different kinds of European Community Law ......................................48
5
HOW AND WHOM TO LOBBY
51
Getting a proposal approved ......................................................................52 Lobbying the Commission ..........................................................................53 Commissioners or their officials? ...............................................................53 Council involvement – UKREP ...................................................................53 Publication of draft directives ....................................................................54
CONTENTS
The parliamentary stage .............................................................................54 Lobbying in the European Parliament ........................................................55 The Commission’s work programme .........................................................55
ANNEX
ANNEX
ANNEX
Rules to observe .........................................................................................56
1 2 3
ACRONYMS AND ABBREVIATIONS
59
THE TREATIES
67
COUNCIL DECISION
71
Rules of Procedure of the Council ..............................................................73 Annex I ........................................................................................................87 Annex II.......................................................................................................88
ANNEX
EUROPEAN
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COMMISSION RULES OF PROCEDURE ADOPTED ON 18 SEPTEMBER 1999
93
Chapter 1: The Commission........................................................................94 Section I: Commission meetings .................................................................95 Section II: Other decision-making procedures............................................97 Section III: Preparation and implementation of Commission decisions .....98 Chapter 2: Commission departments........................................................100 Chapter 3: Deputising ...............................................................................101
ANNEX
ANNEX
Final provisions .........................................................................................102
5 6
NEW DIRECTORATES-GENERAL AND THEIR DIRECTORS-GENERAL (DGs)
103
COUNCIL DECISION 93/731/EC OF 20 DECEMBER 1993 ON PUBLIC ACCESS TO COUNCIL DOCUMENTS AMENDED 2 DECEMBER 1996
107
ANNEX
CONTENTS
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THE EUROPEAN PARLIAMENT
113
i) European Parliament President and Vice Presidents elected July 1999 to serve until December 2001 .................................114 ii) The Political Groups .............................................................................115 iii) British MEPs and how to contact them ................................................117 iv) British Members of Standing Parliamentary Committees .....................134 v) Powers and responsibilities of standing committees ...........................143
ANNEX
vi) Committee co-ordinators of the principle political groups..................160
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EUROPEAN PARLIAMENT, COUNCIL, COMMISSION
161
ANNEX
ANNEX
Joint declaration on practical arrangements for the new co-decision procedure.................................................................162
9 10
CURRENT BRITISH MEMBERS OF ECOSOC
COMMITTEE OF THE REGIONS (COR)
167
171
United Kingdom of Great Britain and Northern Ireland ...........................172
ANNEX
EUROPEAN
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11
PROVISIONS GOVERNING THE APPLICATION OF RULE 9(2) – LOBBYING IN PARLIAMENT
179
Article 1: Passes .........................................................................................180 Article 2: Assistants....................................................................................180 Article 3: Code of conduct ........................................................................181
Foreword to the Lobbying Guide
By Rt Hon Sir Leon Brittan QC, former Vice-President of the European Commission A new commission has taken office and with greater use of ‘Co-decision’ between the European Parliament and the Council (of Ministers) on European directives, an authoritative and detailed guide on how to lobby in Brussels and Strasbourg is now overdue. Bryan Cassidy, a long serving and prominent member of the European Parliament from 1984-1999 has produced such a guide, which I warmly welcome. He explains how the Council of Ministers operates. The author makes clear the role of COREPER (the Committee of Permanent Representatives) and he stresses the importance for business and other pressure groups of working with the British civil servants who participate in the multifarious Council working parties and Commission advisory and regulatory bodies. As for the Parliament, he explains the important role of the ‘Co-ordinators’ of the political groups and of the Rapporteur and Draughtsman in committee and the influence that they can have in drafting amendments to Commission proposals as they pass through the Parliament. The important role of Britain’s Permanent Representation to the European Union, commonly known as UKREP, is emphasised, particularly the part it plays in the detailed negotiations and horse-trading which go on before the Council agrees to a ‘common position’ and before the final stage of co-decision with the European Parliament. The very openness of the European ‘Institutions’ and the influence which they can have on the shape of legislation make lobbying in Brussels more complicated than is the case in London, which is why Thorogood is to be congratulated on its initiative in bringing out this Report.
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Preface The new European Commission headed by Romano Prodi began its five year term of office on 1 January 1999. It began with high hopes for reform and openness in contrast to the discredited European Commission headed by Jacques Santer which was forced by the European Parliament to step down in March 1999. The 20 strong college of Commissioners is moving quickly to reform the administration too. The Vice-President, the Rt Hon Neil Kinnock has been charged with responsibility for the reorganising of what is known as the ‘Commission Services’ and the Directorates-General accompanied by a general post of most of the department heads, the Directors-General. A welcome change is an end to the French hegemony in the agricultural directorate-general and a new rule that a Director-General should not, in general, be of the same nationality as the responsible commissioner. The new European Parliament (EP) which was elected in June of 1999 is expected to show that it is not there just to do the Commission’s bidding and can be expected to take a much tougher line with draft directives and with any commissioner who is not up to the tasks entrusted to him or her. As an illustration, the European Parliament secured from President Prodi during the approval hearings of the new commission last year a five point ‘operating agreement’. The five points are:
2
1.
All Commissioners must be available to EP committees, when requested, to answer both questions on policy issues and on issues relating to the administration and management of their Directorate-General, at least once every two months.
2.
The President of the Commission must act if the EP passes a resolution expressing its loss of confidence in an individual Commissioner. This process should include a public meeting with the relevant Parliamentary Committee to be followed by a statement to the Plenary, resulting in the resignation of the Commissioner concerned.
3.
A code of conduct must be established in the field of information access defining clearly only those documents which the Parliament would not have an automatic right to see.
4.
Codes of conduct for Commissioners and officials must be sent to Parliament for its views to be taken into account before application, as recommended in the second ‘Wise Men’s Report’. Reflection must be given, in particular, to the code of conduct for the nomination of high level officials to ensure that it includes specific reference to merit and the necessary managerial qualifications, as well as regular detailed information to the Parliament on the vacant posts.
PREFACE
5.
Parliament will study both the Wise Men’s Reports and the Screening Report, submitting proposals to be included in the EU reform process.
(Note: the ‘Wise Men’ were commissioned by the European Parliament to investigate the accusations of favouritism, maladministration and fraud levelled at the Santer commission.) This guide explains how policies are formulated and directives drafted, a process which is mysterious to most outside observers. The annexes include the rules of procedure for the Commission and for the Council. (The Council’s workings are not as well publicised as they should be.) Politics depends upon personalities. The Commissioners themselves, their ‘Chefs de Cabinet’ (heads of their private offices) and the Directors-General are responsible for drafting legislation, monitoring member states’ compliance with directives and carrying out the policies agreed by the European Parliament and the Council in the Co-decision Procedure initiated by the Treaty of Maastricht and much extended by the Treaty of Amsterdam. It is this Co-decision Procedure which makes the European Parliament a much more powerful influence on the shape of European directives. It has, therefore, led to a huge increase in the amount of lobbying to which MEPs are subject. There is a detailed description of the Codecision Procedure in this Report. Knowing whom, how and when to make an approach to officialdom in the European Commission or the Council, or to Members of the European Parliament is crucial for interest groups who seek to influence the shape of legislation. Timing is especially critical. It is too late to leave it until a draft directive appears in the Official Journal (OJ). Anticipation is always better than reaction. Guidance is given on how to anticipate. The political law of ‘unintended consequences’ which so often destroys the good intentions of legislators and regulators is one of the principal reasons why interest groups, lobbyists and others need to prepare their arguments carefully, especially as the media, particularly in the United Kingdom, are all too ready to hold the European Union and the European Community up to ridicule because ill thought out proposals (or gold plated regulations in the United Kingdom) result in consequences not originally intended. That mysterious body, the Council (of ministers), is difficult to approach but not impossible. Advice is given on the best way in to the Council by making frequent use of national officials who attend the numerous working parties in Brussels. The United Kingdom permanent representation (UKREP) is a useful guide to which British officials go to these working parties. British officials whether in government departments in Whitehall or in the United Kingdom Permanent Representation in Brussels are there to do their best for the United Kingdom and its citizens both natural and legal.
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Another body about which little is known is the Committee of Permanent Representatives (COREPER). A section deals with COREPER, how it is made up, how it works and its decision making processes. Insufficient attention is given by lobbyists and other interest groups to the influence of the Economic and Social Committee (ECOSOC) and the Committee of the Regions (COR). Sections of this Report explain how they work and their usefulness. The names of British members of both are listed in the annexes. There are a number of other bodies whose role is important but who are not ‘lobbyable’ by interest or pressure groups. This Report contains a section on: •
The European Court of Auditors
•
The European Central Bank
•
The European Investment Bank
•
The European Investment Fund
•
The European Ombudsman.
Further information Official Journal (OJ) ‘L’ and ‘C’ series now available for a period of 45 days, free of charge on the Eur-Lex Internet site (http://europa.eu.int/eur-lex). Towards the end of 1999, it was decided to add an exclusively electronic section to the ‘C’ series to be known as the ‘OJCE’. An index of all the documents in any day’s OJCE will appear in that day’s printed version. The OJ ‘L’ and ‘C’ series are also available quarterly on CD-ROM. Tenders Electronic Daily (TED) is now available free of charge on line from (http://ted.eur-op.eu.int). EUROPA (http://www.europa.eu.int/) is the server which provides a comprehensive coverage and daily update on all that is happening in the institutions and in the EU’s relations with third countries. It provides links to all the Institutions’ websites – Parliament, Council, Commission, Court of Justice, Court of Auditors, Economic and Social Committee, Committee of the Regions, European Investment Bank, European Central Bank, agencies and other bodies. It provides information on the EU, up-to-date news, the Euro exchange rate and all the latest statistics.
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FURTHER
INFORMATION
EUROPARL (http://www.europarl.eu.int/) is the European Parliament server providing full information on the Parliament’s President and its Members, including ‘mug shots’. It gives full information on the Political Groups and their secretariats, and on the Committees, including membership, meetings, the calendar and agendas. Particularly helpful to lobby groups is the Legislative Observatory (OEIL) which permits a search of progress on legislative dossiers by criteria such as Committee, Rapporteur, Commission DG or Council involved, by topic, by procedure, by date or by legal base. The Council’s website (http://ue.eu.int/) provides information on Council documents publicly available, meeting timetables, latest news and general information on co-operation and working methods. It carries editions on Common Foreign and Security Policy (CFSP), Justice and Home Affairs (JHA), Economic Policy Co-ordinators (EPC) and Co-operation in the field of Scientific and Technical research (COST). It also provides links to the 15 member state governments and to 17 other non-member European Governments. The Commission website (http://europa.eu.int/comm/) as might be expected, provides information on all the Commissioners, all of whom have their own home pages. On the whole, however, the Commission’s website is less informative than those of the other bodies. The Court of Justice website (http://curia.eu.int/) provides an index of cases lodged, recent case law, reports of proceedings normally a month in arrears, sometimes longer, and judicial statistics on cases. The Court of Auditors website (http://www.eca.eu.int/) provides biographies, documents and statistics. The Economic and Social Committee website (http://www.ces.eu.int/) surprisingly does not have a Who’s Who section. The Committee of the Regions website (http://www.cor.eu.int/) is very lively and provides contact addresses for COR members in their countries of origin – very useful. The European Investment Bank website (http://eib.eu.int/). The European Central Bank website (http://www.ecb.int/) is very informative on all aspects of the Euro, including fraud prevention. The European Ombudsman website (http://www.euro-ombudsman.eu.int/) shows how to make a complaint, with data on his decisions. The European Parliament server has a lead in to the Ombudsman. Surprisingly, the EUROPA server does not.
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The United Kingdom Permanent Representative (UKREP) website (http:// ukrep.fco.gov.uk) is an excellent guide to who does what in that invaluable organisation. It includes phone and fax numbers for key members of UKREP staff with their responsibilities. The UKREP address is: 10 Ave d’Auderglem 1040 Brussels Tel: 00 32 2 287 8211 Fax: 00 32 2 287 8398
Directory of Special Interest Groups The European Commission maintains an online directory of these at: http://europe.eu.int/comm/sg/sgc/lobbies/en/tabledom.htm Inclusion in it is essential for any interest group wishing to be consulted on Commission proposals.
6
European Lobbying Guide LOBBYING – AN INTRODUCTION W H AT I S L O B B Y I N G ? INTEREST GROUPS AND PRESSURE GROUPS GOVERNMENTS AS LOBBYISTS
chapter
1
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Chapter 1: European Lobbying Guide
Lobbying – an introduction ‘Lobbying’ is a much misunderstood activity. Frequently criticised in the media for being a tool at the disposal of big business to seduce politicians, it is a long established part of the democratic political process. MPs receive delegations of their constituents in the central lobby of the House of Commons to be ‘lobbied’ – the origin of the word, therefore, in the United Kingdom. (In Washington, the home of lobbying and lobbyists, they claim it all began in the lobby of the Willard Hotel, where in the early days of the United States, presidents and congressmen received those in search of favours.) Lobbying is a healthy and necessary part of an open democratic society. The more open the political decision-making process, the more there will be a role for lobbying and lobbyists. The European Commission, the European Parliament, the Economic and Social Committee (ECOSOC) and the Committee of the Regions (COR) are the main influences on the proposals put forward by the European Commission for Directives, Regulations, Decisions and Recommendations. They are, therefore, the main focus of attention. The Council (of Ministers) which represents the governments of the Member States is where the ultimate power resides. The Commission can propose draft legislation, the European Parliament shares with the Council the power of decision on much of this legislation but neither the Commission nor the Parliament can force legislation through unless it has the support of the Council. Representatives of Member States, frequently civil servants, also have an input into the Commission’s early drafts. There would be no point in the Commission working on a proposal without the support of the Council. Indeed, most Commission initiatives arise from requests either by the heads of government of the fifteen Member States meeting at the European Council or by a ministerial meeting. Representatives of the Member States negotiate the details of draft legislation while the European Parliament, ECOSOC and the COR are considering their response to the Commission’s proposed draft. The Council is supposed to take into account those institutions’ amendments in arriving at an amended text which then goes back to the European Parliament as what is known as a ‘common position’ (neither ECOSOC nor the COR are consulted on ‘common positions’).
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Lobbying of the Council is, on the whole, best carried out in national capitals in discussion with the civil servants who attend the innumerable working parties, study groups and committees for adaptation to technical progress which are part of the processes both before and after directives have gone through the full legislative process.
What is lobbying? Quite simply, a process of information to officials and legislators so that measures are better thought out in the hope of reducing the effect of the political law of ‘unintended consequences’ (where an ill thought out proposal can have entirely unintended harmful effects). Lobbying can be either ‘proactive’ or ‘reactive’. Proactive lobbying is practised by many pressure groups to encourage the European Commission to produce a proposal. The single market programme was the result of proactive lobbying by business. The wide range of environmental directives is a result of lobbying by environmental pressure groups. Reactive lobbying is necessary when the European Commission produces a green paper or a discussion document, or holds a public hearing. These frequently anticipate a future directive. They provide an opportunity for interest and pressure groups to respond with reactions, ideas and suggestions. The increasing use by the Commission of green papers and discussion documents needs vigilance to make sure that comments are submitted in sufficient time for the officials concerned to take them into account, before moving to the next stage which may be a draft directive. Reactive lobbying increasingly arises as a result of the widened powers of the European Parliament over legislation, whereby the Parliament and the Council (of Ministers) jointly decide on legislation in ‘co-decision’. The President of the Commission, Romano Prodi, made a promise to the European Parliament during the confirmation hearings for the new Commission, to look closely at calls for new legislative proposals from the European Parliament. The Parliament will not be slow to hold President Prodi to that promise.
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Interest groups and pressure groups Lobbying in Brussels is a growth industry. Every sector of business has its own European trade association. Trade unions and consumers have their representative bodies. Environmental pressure groups such as Greenpeace have theirs too. In spite of media suspicion and criticism of lobbying, the media themselves are becoming increasingly active in Brussels. The BBC, in addition to its excellent newsgathering team there, has its own office to lobby the European institutions. So does ITV. The print media, unable to agree amongst themselves, have a number of representative bodies.
Governments as lobbyists Governments also lobby. These are the fifteen Member States of the European Union who have been forced by the increased power of the European Parliament and the establishment of the Committee of the Regions to devote more efforts to lobbying. All fifteen have their Brussels-based teams of lobbyists disguised as ‘permanent representations’. In addition to their duty preparing meetings of the Committee of Permanent Representatives (COREPER) they are devoted to informing their nationals, who are Members of the European Parliament or of ECOSOC or of the COR of their governments’ views, generally scrupulously avoiding anything which could be interpreted as an ‘instruction’ on how to vote! The third role of the fifteen permanent representations is to prepare the ground for Council meetings, as a part of which they will negotiate with the European Parliament in a process known as ‘conciliation’. Third countries’ embassies lobby too. The EU’s major trading partner, the United States, has its own representation dedicated to negotiating with the Commission and lobbying in general. Other third countries’ embassies may combine their role vis-à-vis the European institutions with representing their bilateral Embassies accredited to Belgium or to NATO. Particularly active are the countries in Africa, the Caribbean and the Pacific who are associated with the European Community through the Lomé Convention. Knowing how the system works and how to get the best out of it is the object of this guide.
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The ‘Institutions’ of the European Union EUROPEAN UNION (EU) OR EUROPEAN COMMUNITY (EC)? THE EUROPEAN COUNCIL THE COUNCIL THE EUROPEAN COMMISSION
chapter
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Chapter 2: The ‘Institutions’ of the European Union Confusion, often compounded by inaccurate reporting in the media, arises from the similarity between the names of some of the EU ‘institutions’ and those of entirely separate organisations such as the Council of Europe. For example, the media often refer to the European Commission on Human Rights (based in Strasbourg and part of the Council of Europe) as the ‘European Commission’. The body based in Brussels, which is responsible for drawing up proposals for legislation and for monitoring the way in which the fifteen Member States adhere to their treaty commitments and the way in which they implement EU directives, is the Commission of the European Communities, generally known simply as ‘the Commission’. ‘Communities’ rather than ‘Community’ because the Commission is responsible not only for the European Community (previously known as the European Economic Community (EEC)) but also the European Coal and Steel Community (ECSC), the precursor of the EEC, and of the European Atomic Energy Community (EURATOM). Confusion arises too because the European Union itself uses terms which are easily confused such as the European Council and the Council (see below).
European Union (EU) or European Community (EC)? The EU and EC are not synonymous though most people think they are. The European Union was established by the Treaty on European Union, commonly known as the Maastricht Treaty, in 1992. It created a new structure with three separate areas of activity. These three, known as ‘the three pillars’, are the European Community (EC), previously known as the EEC; the Common Foreign and Security Policy (CFSP) and Co-operation in the Fields of Justice and Home Affairs (JHA). (The last two arise from the wish of the Member States’ governments to co-operate more closely together outside the framework of the EU institutions and are, therefore, described as ‘inter-governmental’.) The European Community, which now consists of fifteen Member States, produces the legislation which gives rise to the need for lobbying and creates a body of jurisprudence arising from the decisions of the European Court of Justice (ECJ). There is no co-decision yet between the European Parliament and the Council on common foreign and security policy matters, nor on justice and home affairs matters.
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The European Council Commonly known as ‘European Summits’, the term means meetings of the heads of government. They happen at least twice a year though in recent years the practice has grown up of having special ‘mini-summits’. The foreign ministers of the fifteen Member States also attend as do the Presidents of the European Commission and of the European Parliament. The European Council is not part of the legislative process. The European Council is a political body often called upon to resolve issues on which agreement cannot be reached in the Council of Ministers. The European Council is required to agree unanimously on changes to treaties, subject to ratification by national parliaments and on all key appointments.
The Council Generally known as the Council of Ministers in order to avoid confusion with the European Council, the Council is made up of ministerial representatives of the fifteen Member States. Its composition depends upon the areas of discussion. For example, Ministers of Agriculture attend Agriculture Councils, and Finance Ministers such as the Chancellor of the Exchequer attend meetings of the Economic and Finance Council, known as ECOFIN.
The General Secretariat of the Council The Council has its own secretariat consisting of around 2,300 EU civil servants and its own organisation structure. The 2,300 does not include additional Council staff who will need to be recruited to handle the Common Foreign and Security Policy (CFSP) with the appointment of the new Council Secretary General – Javier Solana Madariaga. The secretariat of the Council is responsible for policy continuity in that institution thereby ensuring a smooth hand over from one country’s six months Presidency to the next. As in each country, assuming the Presidency has its own order of priorities, the strand of continuity is dependent upon the Council General Secretariat. A small group of top ‘A’ (administrative) grade officials prepare the agendas for meetings in conjunction with the Presidency. They prepare the documents to be discussed, attend meetings and prepare notes and summaries afterwards. They will follow the development of a proposal from its initial exchange of views in a Working Party to the final stage of adoption by the Council. The new head of
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the Council Secretariat is the Secretary-General, Javier Solana Madariaga (the former Secretary-General of NATO) who will combine the role of Secretary-General of the Council with that of High Representative for the European Union’s Common Foreign and Security Policy. He will be assisted by a Frenchman, Pierre de Boissieu, who has been appointed Assistant Secretary-General of the Council. The Council Secretariat is organised into the Secretary-General’s department and eleven directorates general with the following areas of responsibility: Secretary-General
Directorate-General G
• Financial Control
• Economic and Financial Affairs • Economic and Monetary Union, Own Resources
PRIVATE OFFICE • General Political Questions • European Councils • Press and Current Information
• Tax Harmonisation, Bank and Stock Exchange Law Directorate-General H • Justice and Home Affairs (JHA)
LEGAL SERVICE
Directorate-General I
Directorate-General A
• Environment, Consumer Protection, Civil Protection, Health, Foodstuffs
• Personnel and Administration • Protocol, Organisation, Security, Infrastructures • Translation and Document Production Directorate-General B • Agriculture – Fisheries
Directorate-General J • Social Policy, Employment, Social Dialogue, Regional Policy and Economic and Social Cohesion, Education and Youth, Culture, Audiovisual Questions
Directorate-General C • Internal market: Customs Union, Industrial Policy • Approximation of Laws, Right of Establishment and Freedom to Provide Services, Company Law, Post and Telecommunications, Intellectual Property Directorate-General D • Research, Energy, Transport Directorate-General E • External Economic Relations and Development Co-operation Directorate-General F • Relations with the European Parliament, Institutional Affairs, Budget and Staff Regulations • Co-decision Legislative Procedures, Relations with ECOSOC and the Committee of the Regions, Information Policy, Public Relations
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Directorate-General K • Common Foreign and Security Policy
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Though the Council is the final arbiter of all European Community and European Union Acts, since the Treaty of Amsterdam came into force on 1 May 1999, it increasingly acts in co-decision with the European Parliament on European Community matters. Most of the work of the Council is done in working parties consisting of officials from the fifteen Member States who work on the details of legislative proposals both before the European Commission adopts it and throughout the various stages of the co-decision procedure. Council working parties will often be working in parallel with the consideration of proposals by the European Parliament, ECOSOC and the Committee of the Regions. In order to open up the meetings of the Council, voting and explanations of votes by Member States, representatives can be published in media information distributed by the Press Office of the General Secretariat of the Council as provided for in the Council Rules of Procedure*.
Publication of the results of votes in Council Since 1995 voting records have appeared in the Review of the Council’s work published annually by the Council Secretary General. When the Council is acting in its legislative capacity adopting legally binding instruments such as regulations, directives or decisions, the results of the votes by the members of the Council are automatically published. When the Council adopts common positions as part of its co-decision or co-operation procedures with the European Parliament or in the conciliation committee with the Parliament, the results of voting are also published. When the Council is not acting in its legislative capacity, voting results and explanations of votes are not generally made public unless the Council so decides. In the case of the Council acting in the areas of the Common Foreign and Security Policy and of Justice and Home Affairs, a decision to publish must be unanimous. National officials with specialised knowledge of the topic will also attend conciliation meetings with representatives of the European Parliament, under the conciliation arrangements which are part of the co-decision procedure.
*Official Journal (OJ) Number L147, 12.6.99 and L251, 24.9.99.
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The Council and Council working party meetings take place behind closed doors with no published record other than the occasional press release. The result of their votes, however, is often known. The topic under discussion and the treaty article under which it is brought forward (known as the legal base) governs the voting method of the Council. Decisions can be arrived at, therefore, either by: •
unanimity
•
simple majority
•
qualified majority, with each Member State having a number of votes roughly in accordance with its population, known by the acronym QMV. (See pages 21-22 on Voting in Council.)
Publication of Statements and Minutes Sometimes the Council, the Commission or a Member State representative may insert a written statement in the Council Minutes often indicating a reservation or aimed at public opinion in the Member State concerned. Such statements have no legal effect but are considered to be ‘political’ and do not hinder decision-making. Public and media access has been permitted to statements in the Council Minutes and to the Minutes themselves since the adoption of a Council Code of Conduct on 2 October 1995. (Releases from the Council Secretariat Press Office indicate the existence of such statements by an asterisk.)
Access to Council documents The public and the media have had the right to see Council documents since December 1993*. Access is not easy, however, because applications have to be submitted in writing to the General Secretariat of the Council. The Secretary General is required to reply within one month with, in certain circumstances, an extension by a further month. The applicant has to pay for the Council documents if hard copy is required.
*Council Decision 93/731/EC on 20 December 1993 established the public right to Council documents. It was amended by another Council Decision in 96/705/EC on 6 December 1996. The text of that Decision appears in this guide as Annex 6.
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The Presidency of the Council Under current arrangements, Member States take it in turns to preside over Council meetings for a period of six months, January to June and July to December. In 2000 Portugal will preside for the first six months, France for the second six months. Sweden and Belgium will hold the presidency in 2001, Spain and Denmark in 2002 and Greece the first half of 2003. The duties and responsibilities of the Presidency of the Council are laid down in the various treaties establishing the European Union, the European Community, the European Coal and Steel Community and Euratom, though in very general terms*. The President of the Council, known as the ‘President in Office’ also has to report regularly to the European Parliament with the Foreign Minister of the country holding the Presidency setting out the programme for the coming six months and the Prime Minister reporting back to the Parliament at the end on progress made. The ministers from the country holding the Presidency chair ministerial meetings and attend, when invited, parliamentary committees and meetings of ECOSOC and the COR. A useful way for an interest group to pursue an issue is through questions to the Council which take place during every plenary session of the European Parliament in Strasbourg. Such parliamentary questions, however, principally serve a publicity purpose. The Presidency represents the Union in CFSP matters and is required to consult the European Parliament on co-operation on Justice and Home Affairs. The President also has the responsibility of convening Inter-Governmental Conferences (IGC) to adopt amendments to the Treaties. The same Member State holds the Presidency in every sphere of the European Union’s activities (EC, CFSP and JHA) and at all levels from working parties right up to the European Council. Inevitably, some programmes such as the single market or the liberalisation of financial services currently in hand, will spread over several Presidencies. As a way of ensuring continuity, an institution has developed known as the ‘Troika’ which involves the Presidency-in-Office, its predecessor and its successor. The order in which the Member States hold the Presidency provides for there always to be one large state in each Troika.
*See, for example, Arts 202-210 of the Treaty of Rome.
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The Presidency is neutral and impartial. Its role in presiding over working party and ministerial meetings is to act as a moderator, favouring neither its own preferences or those of any other particular Member State. This does not mean that the President in Office’s Member State’s case goes by default as another representative will be present and able to speak. The Presidency in its role as an impartial chairman should try to broker a compromise to reconcile different national interests where a stalemate may have occurred. The Presidency requires a considerable amount of additional resource from the Member State holding the Presidency, easier for large Member States than small States. This is one of the reasons why there is currently debate about reforming the arrangements for the Presidency to give a longer period of office than six months. One of the advantages of the present arrangement is that it gives an opportunity for the smaller Member States to play a role, not only within the European Union, but internationally in relationships with countries such as the United States where the Presidency-in-Office represents the Union. Lobbying the Presidency is virtually impossible owing to the requirement that the Presidency should be neutral. However, lobbying can be carried out indirectly via national capitals including that of the country holding the Presidency.
The Council of the Union The EU and the EC become confused because the Council is the Council for both and refers to itself as the Council of the Union. The reason is that the Council decides on matters to do with the common foreign and security policy and with justice and home affairs when most decisions are taken by unanimity. There is no co-decision with the European Parliament in those two ‘pillars’ of the Union. Co-decision only applies to European Community measures. QMV also applies only to European Community measures. The Council established its own Rules of Procedure on 31 May 1999 (see Annex 3). The composition of the Council differs depending on the agenda. The most frequent Council meetings are those of General Affairs, Agriculture, Budget, Consumers, Culture, Development, Economic and Financial Affairs (known by the acronym ECOFIN), Education, Energy, Environment, Industry, Justice and Home Affairs, Internal Market, Fisheries, Research, Health, Telecommunications, Transport and Employment, and Social Affairs. The General Affairs, Agriculture and ECOFIN Councils generally meet once a month whilst the others meet as often as required, normally two to four times a year.
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Ministerial meetings are normally held at the Council’s Brussels headquarters, the Justus Lipsius Building, though in April, June and October they are held at the European Centre in Luxembourg.
The Permanent Representatives’ Committee (COREPER) The fifteen Member States each have ‘embassies’, known as Permanent Representations, to the European Union in Brussels. The fifteen ‘ambassadors’, known as Permanent Representatives, normally meet each week in a committee commonly called COREPER. COREPER is divided into two parts. COREPER I is composed of the Deputy Permanent Representatives who normally meet on Wednesdays. COREPER II is composed of the Permanent Representatives themselves and usually meets on Thursdays, except for weeks preceding General Affairs or ECOFIN Councils when it meets on Wednesdays. COREPER I This is responsible for the preparation of Internal Market, Energy, Research, Industry, Telecommunications, Fisheries, Transport, Environment, Consumers, Labour and Social Affairs, Health and Culture, Tourism, and Agriculture (Veterinary and Planthealth questions) Councils. COREPER II This is responsible for preparing Council meetings on General Affairs, ECOFIN, Development, Justice and Home Affairs, and the Budget. COREPER agendas are divided into two parts. Part I is made up of items expected to be approved by COREPER without discussion, prior agreement having been reached within the working party. If a delegation is opposed, however, the item is moved into Part II which consists of items requiring detailed and substantive discussion and includes ‘other business’ added to the agenda at the request of the Presidency, a national delegation or the Commission. Items sometimes appear on the agenda marked ‘possibly’ which indicates that the Presidency may either add or withdraw the item at short notice. Reports for COREPER are usually drafted by the General Secretariat of the Council. As the purpose of COREPER meetings is to prepare for Council ministerial meetings, items already agreed will be entered on the Council agenda as an ‘A’ item. Where there is a difference of views needing a discussion at Council level, those items are entered on the Council agenda as ‘B’ items.
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Matters which require further study and discussion by COREPER before going on to Council can be entered on the agenda for a future meeting. COREPER may also instruct working parties to re-examine certain technical difficulties which may have been insufficiently considered at first reading or which have emerged in the COREPER meeting.
Council Meetings The Presidency-in-Office may convene a meeting of the Council or do so at the request of a Member State or of the Commission. Normally, however, Council Meetings are held in accordance with a timetable generally agreed well before the beginning of the six months of the Presidency. The Council consists of one representative of each Member State holding ministerial rank with the authority to commit their government. Council members are generally accompanied by officials from their Member State. Though the Commission is generally invited to take part in Council Meetings, it is not essential. The Council may decide to hold discussions without the Commission being present.
Agendas for Council Meetings The responsibility for drawing up agendas for Council Meetings rests with the Presidency. For inclusion, an item should be submitted with its supporting papers at least 14 days before the meeting. However, if a national delegation or the Commission asks, items may be added providing the request is submitted at least 16 days before the Council Meeting and relevant papers are available. Further items can only be added once the 16 day deadline has passed if Council Members agree unanimously. The draft agenda is sent by the Presidency to COREPER with an indication by an asterisk of those items on which a vote may be taken and distinguishing other items either for negotiation or for decision. It is the responsibility of the General Secretariat of the Council to brief the Presidency on the latest situation on agenda items indicating substantive, legal, procedural and tactical points which are likely to arise.
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As with the agenda for COREPER, the Council’s agenda is divided into two parts: •
‘A’ items which the Council frequently adopts without any discussion. A Council Member can ask for ‘A’ items to be withdrawn and postponed to a later meeting or converted into a ‘B’ item. National delegations may make statements to be attached to ‘A’ items explaining their vote or their reservations.
•
‘B’ items are all other items on which further discussion and perhaps votes may take place.
A preparatory briefing meeting is held before the Council Meeting attended by the President, the Permanent Representative or his deputy, the SecretaryGeneral of the Council and other Council officials including a representative of the Council Legal Service. Only six people per national delegation (including the relevant Minister and the Permanent Representative or his deputy) can have access to the Council chamber. Everyone else must follow the discussions from a separate room. In cases of political sensitivity or technical complexity, the President may limit the composition of delegations (meetings in restricted session, Ministers plus one person, Ministers only, etc).
Voting in Council The rule for voting in the Council depends on the Treaty articles governing the agenda item in question. They are set out in detail in the Council’s Rules of Procedure*. Annex 3 shows the Council Rules of Procedure in full. The different kinds of vote are: Simple majority Voting by simple majority in Council is limited. Though Article 205 of the Treaty of Rome states ‘save as otherwise provided in this Treaty the Council shall act by a majority of its members’ i.e. simple majority, in reality simple majority voting is rare, applying to procedural decisions, the questions of the Commission’s right to collect information and in those circumstances where no other form of voting is specifically indicated.
*Official Journal (OJ) Number L147, 12.6.99 and L151, 24.6.99.
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Unanimous voting Unanimity is required in certain politically sensitive policy areas such as taxation and the EU budget and on legislation based on Article 308 concerning the operation of the Common Market where the Treaty has not provided the necessary powers to achieve one of the objectives. Unanimous voting is necessary if the Council is to overrule the Commission and it is also the rule in actions under the Common Foreign and Security Policy or in Justice and Home Affairs. Qualified majority voting Qualified majority voting, generally known as QMV, means that to be adopted a measure needs 62 votes in support out of a total of 87. Under the current QMV arrangements the number of votes to which each Member State is entitled is:
Total:
10
United Kingdom
10
Germany
10
France
10
Italy
8
Spain
5
Belgium
5
Greece
5
The Netherlands
5
Portugal
4
Austria
4
Sweden
3
Denmark
3
Finland
3
Ireland
2
Luxembourg
87
To defeat a measure requires a ‘blocking minority’ of a minimum of 26 out of the total of 87. That means at least 3 Member States must vote against. It is not necessary, however, for all fifteen Member States to participate in voting. In a manoeuvre known as ‘constructive abstention’ a single Member State can signify its reservations by abstaining rather than voting against – a way of avoiding ‘rocking the boat’.
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The European Commission The Commission of the European Communities has political, administrative and regulatory roles. The political direction comes from the collegiate body of 20 Commissioners, each of whom is appointed for a period of 5 years. The present Commission’s term of office lasts from the 1 January 2000 to 31 December 2004. The new Commissioners and their portfolios are: Romano Prodi Italian
President
Neil Kinnock British
Vice-president Administrative Reform
Loyola de Palacio Spanish
Vice-president Relations with the European Parliament Transport and Energy
Mario Monti Italian
Competition
Franz Fischler Austrian
Agriculture and Fisheries
Erkki Liikanen Finnish
Enterprise and the Information Society
Frederik Bolkestein Dutch
Internal Market
Philippe Busquin Belgian
Research
Pedro Solbes Mira Spanish
Economic and Monetary Affairs
Poul Nielson Danish
Development and Humanitarian Aid
Günter Verheugen German
Enlargement
Christopher Patten British
External Relations
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Pascal Lamy French
Trade
David Byrne Irish
Health and Consumer Protection
Michel Barnier French
Regional Policy and ‘ad personam’ Intergovernmental Conference
Viviane Reding Luxembourgeoise
Education and Culture
Michaele Schreye German
Budget
Margot Wallström Swedish
Environment
Antonio Vitorino Portuguese
Justice and Home Affairs
Anna Diamantopoulou Employment and Social Affairs Greek In carrying out their duties, members of the Commission are obliged to be completely independent of their national governments and to act only in the interests of the European Union. The European Parliament has the right to pass a motion of censure on the Commission as a whole. Though each member of the Commission has special responsibility for one or more policy areas (see list above) decisions are taken on the basis of collective responsibility. The Commission is first and foremost the guardian of the treaties. It must ensure that treaty provisions and European Union decisions are correctly applied. It can initiate infringement proceedings against any Member State and may, if necessary, refer matters to the European Court of Justice (ECJ). It can also impose fines on individuals or companies, notably when they act in breach of the European Union’s competition rules. The Commission has the sole right of initiative in the field of legislation and it can exert its influence at every stage of the process leading to the adoption of a new European directive. In the Common Foreign and Security Policy (CFSP) and Justice and Home Affairs (JHA) the Commission has the same rights as Member States to submit proposals. Both areas of policy are decided upon through inter-governmental co-operation, a Council responsibility.
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Commission Services The Commission is the European Union’s executive body. The ‘Commission Services’ are the permanent EU civil service who draw up proposals for legislation, issue rules for the implementation of Treaty articles and administer the Community budget, the bulk of which is spent under one or other of the major funds: •
The European Agricultural Guidance and Guarantee Fund (EAGGF)
•
The European Social Fund (ESF)
•
The European Regional Development Fund (ERDF)
•
The Cohesion Fund (CF).
In carrying out these executive responsibilities, the Commission is often required to seek the opinion of committees of representatives from the Member States when drawing up regulations to manage Community policies. This procedure, known as ‘comitology’, is a source of conflict between the European Parliament, the Commission and the Council, as it is not fully subject to European Parliament scrutiny. Most directives are ‘framework’ directives in the sense that they lay down general principles. There is a parallel with the British system whereby an act of Parliament creates the law but the detail of how that law is to be operated is filled in by regulations known as Statutory Instruments (SI’s). Contrary to popular belief about a huge bureaucracy, the European Commission permanent staff numbers less than 17,000. The Commission is also responsible for producing official texts published in the Official Journal, commonly referred to as the ‘OJ’. The ‘C’ series of the OJ carries the texts of draft directives and other proposals, the exchange rate of the Euro, invitations to tender for participation in EU funded programmes and ‘sits vac’ which appear in the ‘C’ series with the suffix ‘A’, e.g. C153A. The ‘L’ series are authoritative texts of Parliament and Council directives, Council directives, Council decisions and the innumerable regulations concerned with the day-to-day administration of the Common Agricultural Policy (CAP). These texts appear in light type. All other texts with legislative significance appear in bold type in the ‘L’ series preceded by an asterisk. The Commission has the responsibility for negotiating on behalf of the fifteen Member States in international fora such as the World Trade Organisation (WTO) and for negotiating treaties of accession with countries wishing to become members of the EU known as ‘candidate countries’. It also, through its offices in more than 120 national capitals, represents the European Union diplomatically.
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The Commission is also authorised to set up specialist committees to advise it. The details of these committees and their membership are published in the ‘C’ series of the OJ together with their periods of office, generally two years, renewable. The members of these committees whose names are public are often worth lobbying as they know their field well.
Organisation of the Commission The Amsterdam Treaty has enhanced the role of the Commission President. It is he who gives political direction to the Commission as a whole. It is he who allocates the portfolios to members of the Commission and he has the power to reallocate portfolios during the Commission’s five year term of office. The current President’s principal priorities will be the next enlargement of the European Union and internal reform.
Internal reform of the Commission Services The Rt Hon Neil Kinnock has been appointed as Vice-president for Administrative Reform of the Commission. He will have the task of drawing up a comprehensive reform plan and responsibility for ensuring that it is carried out. Hitherto, the Commission Services’ principal policy functions have been carried out by Directorates-General identified by Roman numerals DGI to DGXXIV. As even experts were frequently confused by the numbering, one of the first changes instituted by Romano Prodi has been to give the Directorates-General names clarifying their functions. The new Directorates-General, their Directors-General and their areas of responsibility will be found at Annex 5.
Commissioners’ ‘Cabinets’ Each Commissioner is assisted by a private office, known as the ‘cabinet’. Cabinet members serve the Commissioner individually and their term of office is dependent upon their Commissioner. Cabinet members can be very helpful in giving advice and their influence is considerable. The heads of the private offices, known as the ‘chefs de cabinet’, meet regularly to prepare the ground for the weekly meetings of the Commission which normally take place on Wednesday in Brussels except when the European Parliament has a plenary session in which case the Commission’s meeting takes place in Strasbourg.
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As members of the cabinet depend upon their working relationship with their Commissioner, the composition of cabinets inevitably changes over a five year period. Generally, however, the ‘chefs’ serve the full five years. The current line up of Commissioners and their ‘chefs’ is: Commissioner
Chef de cabinet
President Romano Prodi.............................David O’Sullivan Vice-president Neil Kinnock ......................Andrew Cahn Vice-president Loyola de Palacio ................Daniel Calleja Crespo Michel Barnier ............................................Christine Roger Frederik Bolkestein.....................................Henk Post Philippe Busquin ........................................Daniel Jacob David Byrne ................................................Martin Power Anna Diamantopoulou ...............................Giorgos Glynos Franz Fischler .............................................Corrado Pirzio-Biroli Pascal Lamy.................................................Pierre Defraigne Erkki Liikanen.............................................Olli Rehn Mario Monti ................................................Enzo Moavero Milanesi Poul Nielson ...............................................Claus Haugaard Sorensen Christopher Patten .....................................Anthony Cary Viviane Reding............................................Gregory Paulger Michaele Schreyer ......................................Eckhart Guth Pedro Solbes Mira .......................................Luis Planas Puchades Günther Verheugen ....................................Alexander Italianer Margot Wallström .......................................Rolf Annerberg Antonio Vitorino.........................................Antonio Cavaco Each Commissioner is entitled to a cabinet of up to 6 ‘A’ (administrative) grade officials.
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The European Parliament and other bodies THE SINGLE EUROPEAN ACT T H E M A A S T R I C H T T R E AT Y T H E T R E AT Y O F A M S T E R D A M THE CO-DECISION PROCEDURE PA R L I A M E N TA RY C O M M I T T E E S COMPOSITION AND PROFILE T H E E U R O P E A N PA R L I A M E N T A N D T H E B U D G E T PA R L I A M E N TA RY C O M M I T T E E S O F I N Q U I RY A N D C O M M I T T E E PUBLIC HEARINGS
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Chapter 3: The European Parliament and other bodies Though the European Parliament has only been directly elected since 1979, there has from the earliest days of the European Coal and Steel Community been some form of parliamentary oversight. Until direct elections in 1979, members of what was then known as the European Assembly were nominated members of national parliaments. After 1979, the legitimacy conferred upon the Parliament by direct election led to it wanting increased powers. Although from the beginning of the 1970s the Parliament shared with the Council responsibility for the budget, on legislative proposals it could only suggest amendments and there was no obligation on either the Commission or the Council to take notice. At that time, the only important measure which required two readings was the annual budget. 1987, however, saw a substantial increase in Parliament’s influence over legislation with the Single European Act. For the first time and subject to certain conditions, the Parliament was able to amend draft directives, especially in the important area of the creation of the single market.
The Single European Act The Single European Act also introduced Qualified Majority Voting in a number of areas, especially single market measures in place of unanimity. There could have been little progress towards achieving the single market without Qualified Majority Voting. The Single European Act introduced the Co-operation Procedure providing the Parliament with the power to amend draft directives after two readings.
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The Maastricht Treaty The Maastricht Treaty (the Treaty on European Union) which came into force in November 1993 increased the Parliament’s role further by introducing the Codecision Procedure whereby Parliament and Council jointly decide on Commission proposals for legislation in the following areas: •
Free movement of workers
•
Right of establishment
•
Treatment of foreign nationals
•
Mutual recognition of qualifications
•
Co-ordination of provisions relating to self-employment
•
Freedom to provide services
•
Internal market
•
Community education measures
•
Community cultural measures
•
Public health
•
Consumer protection
•
Trans-European networks
•
Research and technical development framework programmes
•
Adoption of environment action programmes.
The Treaty of Amsterdam The Treaty of Amsterdam which came into force on 1 May 1999 has extended the European Parliament’s powers yet further by introducing co-decision into a greater number of policy areas in particular: •
Employment incentive measures
•
Rules to prohibit discrimination on nationality grounds
•
Provisions to facilitate the right of free movement
•
Social security for Community migrant workers
•
Co-ordination of provisions for special treatment for foreign nationals (right of establishment)
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•
Co-ordination of provisions for right of establishment of self-employed persons
•
Amendment of principles on training and conditions of access for the professions
•
Transport policy – international transport, operating conditions for nonresident carriers, transport safety
•
Transport policy – sea and air
•
Customs co-operation
•
Social policy – excluding areas needing unanimity in Council such as rights at the work-place
•
Social policy – equal opportunities and treatment
•
European social fund – implementing decisions
•
Vocational training
•
Public health
•
Veterinary and phytosanitary measures to protect public health
•
Trans-European networks (other measures)
•
European regional development fund (ERDF) implementing decisions
•
Research measures
•
Environment – action to achieve objectives of Article 174, i.e.: –
preserving and protecting the quality of the environment
–
protecting human health
–
prudent and rational utilisation of natural resources
•
Promoting measures at international level to deal with regional or worldwide environmental problems
•
Development co-operation
•
General principles for transparency
•
Countering fraud against the Community’s financial interests
•
Statistics
•
Independent advisory authority on data protection
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The Co-decision Procedure The Co-decision Procedure, therefore, becomes the normal way of adopting European Community law, though there are major exceptions such as the Common Agricultural Policy where the Parliament is merely consulted and where the Council still votes by unanimity. Neither the Common Foreign and Security Policy nor Justice and Home Affairs matters are covered by the Co-decision Procedure.
Parliamentary Committees The effect of these gradual but substantial increases in the power of the European Parliament over draft legislation has led to an increase in lobbying activity in and around the Parliament’s 17 committees. Parliamentary committees are where most of the work of the Parliament is carried out, where Commission texts are scrutinised and where amendments are proposed. Committees, therefore, are of particular interest to pressure groups and others who wish to influence the shape of European Community legislation. The committees have cumbersome names and are, therefore, generally referred to by a four letter acronym. Thus, for example, the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy is known by the acronym AFET. The 17 committees are: 1.
Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (AFET)
2.
Committee on Budgets (BUDG)
3.
Committee on Budget Control (CONT)
4.
Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs (LIBE)
5.
Committee on Economic and Monetary Affairs (ECON)
6.
Committee on Legal Affairs and the Internal Market (JURI)
7.
Committee on Industry, External Trade, Research and Energy (INDU)
8.
Committee on Employment and Social Affairs (EMPL)
9.
Committee on the Environment, Public Health and Consumer Policy (ENVI)
10. Committee on Agriculture and Rural Development (AGRI) 11. Committee on Fisheries (PECH)
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12. Committee on Regional Policy, Transport and Tourism (REGI) 13. Committee on Culture, Youth, Education, the Media and Sport (CULT) 14. Committee on Development and Co-operation (DEVE) 15. Committee on Constitutional Affairs (AFCO) 16. Committee on Women’s Rights and Equal Opportunities (FEMM) 17. Committee on Petitions (PETI). Parliamentary committees hold most of their meetings in Brussels and most of them meet once or twice a month. Much of the work of committees is reactive – delivering reports and opinions on the Commission’s legislative proposals, agreeing papers, discussion documents, etc. However, there are arrangements for what are known as ‘own initiative reports’ where a committee will produce a report on a topic often inviting the Commission to draft a legislative proposal based on the Parliament report. This is the first step towards the European Parliament having the power to initiate legislation using Article 192 of the Amsterdam Treaty stating: ‘The European Parliament may, acting by a majority of its members, request the Commission to submit any appropriate proposal on matters on which it considers that a Community Act is required for the purpose of implementing this Treaty.’ The President of the Commission, Mr Prodi, has underlined his willingness to take the utmost account of requests by Parliament under Article 192 to the Commission to submit legislative proposals. A list of British MEPs will be found at Annex 7(iii). The British members and terms of reference of the 17 committees appear at Annexes 7(iv) and 7(v).
Composition and profile With 626 Members sitting in political, not national, groups, the political balance in the European Parliament is important with the Parliament’s newly increased powers after Amsterdam. In the Co-decision Procedure, Parliament can override the Commission and the Council if it votes by an absolute majority of all of its Members, i.e. 314 or more. Since no one political group has an overall majority, there is a much greater emphasis on consensus and inter-party agreements than is the case in the British Parliament. There is much greater sharing of committee presidencies and vice-presidencies (chairmanships and vice-chairmanships).
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Similarly, appointments of ‘rapporteurs’ and ‘draftsmen’ are allocated proportionately to the representation of each political group in each committee.
Political Groups in the European Parliament
No of MEPs
Group of European People’s Party and European Democrats (includes the 36 British Conservatives as allied members)
233
Group of Party of European Socialists (includes the 29 British Labour MEPs)
180
European Liberal, Democratic and Reformist Group (includes 10 British Lib Dems)
50
Green Group (includes 2 British Green, 2 SNP and 2 Plaid Cymru MEPs)
48
European United Left Group
42
Union for a Europe of Nations Group
31
European Democracies and Diversities Group (includes 3 UKIP MEPs)
16
Independents
26
Total
626
Of prime political importance are the ‘co-ordinators’ in each of the Committees. The ‘Co-ordinator’ is the spokesperson for their political group and draws up the Group’s voting list both in Committee and Plenary. A list for the main groups will be found at Annex 7(iii). The Political Groups are supported by their own secretariats with a senior official advising Committee members. They are temporary political appointees and not to be confused with the permanent officials of the Committee secretariat.
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Rapporteurs and draftsmen Many Commission proposals will be of interest to more than one parliamentary committee. In such a case there will be one committee which leads and others which will give opinions. The lead committee appoints a rapporteur. The committees offering opinions will each appoint a draftsman. (In the case of the annual budget procedure, all committees put forward their recommendations as opinions to the budget committee, the lead committee.) There is a variation under something known as the ‘Hughes procedure’ (after a British MEP who invented it) whereby two committees will appoint joint rapporteurs who are supposed to work together to produce a coherent parliamentary opinion.
Parliamentary questions Every plenary session of the European Parliament, except in exceptional circumstances, will include a period for questions to both the Council (answered by the President-in-Office) or to the Commission. ‘Oral’ questions are mainly used for making a political point or highlighting an issue. They can be very useful to interest groups and many parliamentary questions have obviously been drafted for MEPs by third parties who have a specific concern. ‘Written’ questions are a more appropriate way of eliciting information, some of it very detailed. Written questions to the Commission and the Council should be answered within six weeks. The questions and answers are published in the OJ. (Past parliamentary questions published in the OJ are an invaluable research resource for the lobbyist.)
The European Parliament and the Budget The annual budgetary procedure under which the Commission makes proposals, but Parliament and the Council co-decide as what is known as the ‘budgetary authority’, provides an opportunity for interest groups, especially non-governmental organisations (NGOs), to try to get a reference to themselves or their spheres of activity in the budget. This may not be as specific as a sum of money but can be an amendment to the ‘remarks’ section. Most expenditure comes under the Commission budget and, in theory, the Commission is not entitled to make a spending decision without reference to a particular ‘budget line’. Each budget line is accompanied by ‘remarks’ which is where interest groups can hope to get their activities provided for. As each of the seventeen parliamentary committees makes its own
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recommendation for spending, the budget draftsmen for those committees are important contacts. Parliament, through its budgetary control committee and other committees, monitors the implementation of the budget. Spending is kept within an overall ceiling as a result of an inter-institutional agreement lasting five years. As long as spending is kept within that ceiling, it avoids the Parliament rejecting the whole budget. Broadly speaking the Council has the last word on what is called compulsory expenditure, which accounts for about half the budget and arises from specific spending commitments in treaties or adopted in accordance with them. By far the biggest element in this category are the Common Agricultural Policy and what are generically known as ‘the structural funds’. Parliament has the last word on ‘non-compulsory expenditure’ within a maximum rate of increase fixed annually in agreement with the Council. The current InterInstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure establishes a ceiling on expenditure of a maximum of 1.27% of GDP right up to the year 2006*.
Parliamentary Committees of Inquiry and committee public hearings Article 193 of the Amsterdam Treaty allows the European Parliament, at the request of a quarter of its Members, to set up a temporary Committee of Inquiry to investigate alleged contraventions or maladministration in the implementation of Community law (except those already sub judice). The first use of this power was when the Parliament set up a Committee of Inquiry into the BSE crisis. Rule 166 of the European Parliament’s Rules of Procedure** provides for a committee to organise a public hearing of experts if it considers such a hearing essential to the effective conduct of its work on a particular subject. These hearings can provide an opportunity for interest groups to provide ‘experts’ and to follow what goes on at them. This is essential for lobbyists as the outcome of these experts’ hearing may influence the committee’s amendments to a Commission proposal.
*Official Journal (OJ) Number C172, 18.06.99. **Official Journal (OJ) Number C202, 02.08.99.
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The Co-decision Procedure European Commission submits draft proposal Committee of the regions European Parliament (1st Reading)
Council of Ministers
Economic and Social Committee
1
2
If the Council agrees with the Parliament’s amendments, or if no amendments, the Council may adopt the legislation
Otherwise the Council adopts a common position which is referred back to the Parliament
Legislation adopted European Parliament (2nd Reading)
1
2
3
Parliament accepts common position or fails to reach a decision
Parliament rejects common position by absolute majority
Parliament amends common position by absolute majority
Legislation not adopted Legislation adopted
Council of Ministers
European Commission
1
2
Council approves Parliament’s amendments (must be by unanimity in case of amendments rejected by Commission)
Council convenes joint Council/Parliament Conciliation Committee
Legislation adopted
1
2
Committee agrees joint text, endorsed by Council and Parliament
Committee fails to agree
Legislation adopted
38
Legislation not adopted
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The Council, the Commission and the European Parliament have updated the practical arrangements for the co-decision procedure in the light of Article 251 of the Treaty of Rome*. The first reading on Commission proposals under co-decision allows not only the European Parliament but also the Economic and Social Committee (ECOSOC) and the Committee of the Regions to propose amendments. All three vote at first reading by simple majority. If the Council agrees the Parliament’s amendments, or there are none, the proposal is adopted. The joint declaration aims to arrive at a situation where as many proposals as possible can be adopted at first reading. The Commission is committed to facilitating that. The Parliament’s second reading is based on a ‘common position’ arrived at by the Council by qualified majority voting (QMV). The Council is required to explain to the Parliament the reasons that have led it to adopt the common position and the reasons for rejection (if any) of Parliament amendments. The Commission’s role at second reading is to facilitate contacts between the Parliament and the Council with a view to reconciling their two positions. The Parliament has three choices at second reading. It can EITHER accept the common position in which case the position is adopted. (Alternatively, if the Parliament fails to reach a decision within the agreed time limit, the legislation is adopted anyway.) OR, the Parliament may reject the common position by an absolute majority of its Members. In that case the legislation is not adopted. OR Parliament amends the common position by an absolute majority of its Members (314 or more). If the Parliament amends the common position by an absolute majority, the Council has two choices: EITHER to approve Parliament’s amendments in which case the legislation is adopted. OR to convene a joint Council/Parliament conciliation committee. Such a conciliation committee is chaired jointly by the President of the European Parliament and the President-in-Office of the Council. The Conciliation Committee has to approve a joint text within six weeks. If either the Council or the Parliament fails to approve within that period, the proposed legislation is not adopted.
*Joint declaration on practical arrangements for the new co-decision procedure (Article 251 of the Treaty establishing the European Community) the full text is reproduced at Annex 8.
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Amendments to the Council’s common position Apart from the requirement for an absolute majority of its Members to amend a common position, the Parliament Rules of Procedure only allow an amendment if it: •
restores wholly or partly the position adopted by the Parliament at its first reading
•
is intended to reach a compromise between the Council and Parliament
•
amends a part of the text of a common position which was not included in or differs in content from the Commission proposal at first reading
•
takes account of a new fact or legal situation which has arisen since the first reading. (European Parliament Rules of Procedure, Rule 80)
European Parliament Plenary Session Dates – 2000
Strasbourg
Brussels
17-21 January
02-03 February
14-18 February
01-02 March
13-17 March
29-30 March
10-14 April
03-04 May
15-19 May
20-21 September
13-16 June
29-30 November
03-07 July 04-08 September 02-06 October 23-27 October 13-17 November 11-15 December
40
The different kinds of European Community Law THE ECONOMIC AND SOCIAL COMMITTEE THE COMMITTEE OF THE REGIONS THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES (ECJ) OTHER BODIES THE DIFFERENT KINDS OF EUROPEAN COMMUNITY LAW
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Chapter 4: The different kinds of European Community Law The Economic and Social Committee The Economic and Social Committee, generally known by its acronym, ECOSOC or as the ESC, brings together representatives of trade unions, employers and other interest groups. It was set up in 1957 by the Treaty of Rome, the agreement which gave life to the EEC.
The members of ECOSOC ECOSOC consists of 222 members with the following nationality breakdown: 24
United Kingdom
24
Germany
24
France
24
Italy
21
Spain
12
Belgium
12
Greece
12
The Netherlands
12
Portugal
12
Austria
12
Sweden
9
Denmark
9
Finland
9
Ireland
6
Luxembourg
Members of ECOSOC are appointed to serve a four year term. The appointments are made by the Council on the recommendation of Member States’ governments. ECOSOC involves the various social and economic interest groups in the establishment of the common market. Employers’ representatives are in group 1. Workers’ representatives are in group 2. Other interest groups such as consumers, environmentalists, farmers, the professions and the co-operative and self-help sector are in group 3.
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The principal policy areas of ECOSOC The principal policy areas on which ECOSOC has to be consulted are: •
Agriculture and fisheries
•
Industry and commerce
•
Financial and monetary questions
•
Social and cultural affairs
•
Transport and communications
•
Trade and development policy
•
Nuclear and research
•
Regional development
•
Environment
•
Consumer affairs.
This list is by no means exhaustive as the ECOSOC can offer opinions on any other policy area covered by the treaties either on its own initiative or when requested by the Council, Parliament or the Commission. Generally, it will produce its opinion on a Commission proposal in advance of the European Parliament. The Parliament is supposed to give due weight to the conclusions of ECOSOC. As the European Parliament does most of its work in committee, so the ECOSOC does most of its work in sections. There are currently six: 1.
Section for the single market, production and consumption
2.
Section for transport, energy, infrastructure and the information society
3.
Section for agriculture, rural development and the environment
4.
Section for economic and monetary union and economic and social cohesion
5.
Section for employment, social affairs and citizenship
6.
Section for external relations.
The Economic and Social Committee’s opinions are produced by rapporteurs and draftsmen. In contrast to the European Parliament, however, an ECOSOC rapporteur may make use of the services of an ‘outside expert’. There is nothing in the rules to prevent such an expert being associated with an activity over which the Commission is making a proposal. When vacancies occur in the membership replacements are nominated by Member States and approved by the Council. Annex 9 lists the current British Members of the Economic and Social Committee.
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The Committee of the Regions The Members The Committee of the Regions of the European Union, to give it its full title, was created by the Treaty on European Union (Maastricht). Like the Economic and Social Committee, it has 222 members with the same nationality breakdown. In addition to the 222 full members of the COR, there are also 222 ‘alternates’. The members who serve for a four year term are proposed by their Member States. Appointed from local and regional bodies, some are outstanding figures in political life and are, for example, regional presidents, mayors of large cities and heads of local authorities. Such people are professional politicians and are able to bring to the deliberations of the COR a high level of knowledge and experience as well as substantial staff assistance from their home authorities. (The British members of the COR unfortunately do not enjoy the same level of support.) The Treaty on European Union lays down that the Council and Commission must consult the COR in policy areas which have implications for the regions. These include education, youth, culture, public health, trans-european transport, telecommunications and energy networks and economic and social cohesion.
The policy areas of COR The Treaty of Amsterdam extended the range of areas on which the COR had to be consulted to include employment, the environment, social affairs, transport in general, vocational training and arrangements for implementing public health and social fund measures. Like the ECOSOC, the COR can take up issues on its own initiative and deliver opinions on them. Like the Parliament and ECOSOC, the COR appoints rapporteurs and draftsmen for its ‘commissions’. These are:
44
•
Regional policy, structural funds, economic and social cohesion, crossborder and inter-regional co-operation
•
Agriculture, rural development, fisheries
•
Trans-European networks, transport, information society
•
Spatial planning, urban issues, energy, the environment
•
Social policy, public health, consumer protection, research, tourism
•
Employment, economic policy, single market, industry, small and medium enterprises (SMEs)
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•
Education, vocational training, culture, youth, sport, citizens’ rights
•
Institutional affairs.
LAW
Composed as it is of local and regional politicians, the COR operates politically and its members are serviced by political group secretariats. A consultative body, the Committee of the Regions, contributes to the work of the European Community through its opinions to the Commission, the Council and the European Parliament. Annex 10 lists the current British members of the Committee of the Regions.
The Court of Justice of the European Communities (ECJ) The ECJ is based in Luxembourg and is composed of 15 judges and 9 advocatesgeneral. A Court of First Instance was attached to it as a result of the Treaty of Maastricht. The Court of First Instance is composed of 15 judges. Members of both courts are appointed for a term of six years by common accord of the governments of the Member States. The role of the Court is to ensure that European Community law is observed in the interpretation and application of the Treaties, a full list of which will be found in Annex 2. The Court may declare that a Member State has failed to fulfil its obligations under the treaties. If so, that Member State would be expected to take the necessary measures to comply with the judgment of the Court. Under the Treaty of Maastricht, non-compliance with a court judgement could lead to a further action being brought before the Court which may impose a fine or penalty on the Member State concerned. The Court of Justice is also empowered to review the legality of acts adopted by other institutions. Similarly, other institutions or Member States or, in some circumstances, natural or legal persons, may bring an action for annulment. Natural or legal persons, however, must bring their actions before the Court of First Instance (CFI). National courts or national tribunals may request the Court of Justice to give a preliminary ruling on the interpretation of the treaties especially in cases where a Member State may have erroneously implemented a European directive. The increasing number of these referrals is adding substantially to the workload of the Court.
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The CFI has jurisdiction over actions brought by natural or legal persons such as staff employed by the institutions. There is a right of appeal to the Court of Justice on points of law only. The CFI’s terms of reference do not permit it to deal with questions submitted by national courts for a preliminary ruling. The CFI also deals with cases concerning the EU’s competition policy and intellectual property. The Court of Justice and the Court of First Instance are the last resort for any organisation, interest group or pressure group to attempt to challenge any European Community directive or regulation. Any such action, however, would have to show that the legal base of the legislation was inadequate or that an essential procedural requirement had been ignored.
Other bodies There are a number of other bodies whose role is important but who would not normally be considered to be ‘lobbyable’ by interest or pressure groups. They are:
1. The European Court of Auditors The European Court of Auditors functions as a corporate body. It consists of 15 members appointed for a six year period by the Council of the European Union acting unanimously following consultation of the European Parliament. Members of the Court of Auditors may serve more than one term. The members of the Court of Auditors elect one of their colleagues for a three year term to act as president. The president of the Court of Auditors represents the Court in its relations with other bodies such as the Parliament or the Commission and with audit bodies in Member States. The Court has to be consulted prior to the adoption of legislation concerning financial regulations. Other Community bodies like the European Parliament, the Economic and Social Committee and the Committee of the Regions may ask it to give opinions on specific matters.
2. The European Central Bank Set up by the Treaty on European Union (Maastricht), the European Central Bank is based in Frankfurt. Its principal role is to oversee the successful launch of the Euro, a process which culminates on the 1 January 2002 with Euro coins, notes and other financial instruments becoming legal tender. The European Central Bank with the representatives of the national central banks of the Member States partic-
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LAW
ipating in the Euro form the European System of Central Banks (ESCB). Its basic tasks are: •
to define and implement the policy of the Community
•
to conduct foreign exchange operations
•
to hold and manage the official foreign reserves of the Member States
•
to promote the smooth operation of the payment systems.
Additionally, the ESCB through the competent national authorities, oversees the prudential supervision of credit institutions and the stability of the financial system. As the finance ministers of some Member States of the Euro zone have discovered, the European Central Bank is not ‘lobbyable’!
3. European Investment Bank (EIB) Based in Luxembourg, the EIB is the European Union’s financing institution. Its shareholders are the fifteen Member States of the Union who contribute to its capital. Its function is to provide long-term loans and support capital investment in projects which make a contribution towards achieving EU policy objectives. The EIB also has a role in the development aid policies of the European Union in over 100 countries throughout the world, providing finance for projects in Central and Eastern Europe, the Mediterranean region, Africa, the Caribbean and the Pacific, South Africa, Latin America and Asia.
4. European Investment Fund (EIF) Set up in June 1994 the EIF is also based in Luxembourg. It is a financial agency whose purpose is to provide guarantees principally in support of private and semipublic major infrastructure projects in transport, telecommunications and energy which are part of the trans-european networks. It also provides guarantees for assistance to small and medium sized enterprises (SMEs) and can take equity participations in venture capital funds or other bodies which finance SMEs.
5. European Ombudsman Not strictly speaking ‘lobbyable’, the European Ombudsman, however, has a useful role in conducting enquiries into complaints made by any natural or legal person residing in or having its registered office in a Member State.
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The office of the European Ombudsman is in the European Parliament building in Strasbourg. With his staff his task is to investigate and report on maladministration in the institutions and bodies of the European Community, i.e. the European Commission, the Council, the Parliament and the Court of Auditors. Only the Court of Justice and the Court of First Instance fall outside his jurisdiction.
The different kinds of European Community Law It is technically incorrect to talk of ‘European Union law’. The European Court of Justice and the Court of First Instance interpret European Community (EC) law, not EU law. It is another area where confusion arises because of the incorrect assumption that the terms EU and EC are synonymous or interchangeable. There are three different sources of European Community law. These are: 1.
Primary legislation – the treaties (see Annex 2) and other agreements possessing similar status.
2.
Secondary legislation – the directives, regulations, decisions, and recommendations with legal authority (legal base) arising from the treaties.
3.
Case law of the European Court of Justice and the Court of First Instance.
The ‘acquis communautaire’ is the phrase generally used, even in English, to refer to the body of law emanating from those three sources. Primary legislation results from direct negotiations between Member States. They are agreements in the form of treaties and require the unanimous agreement of the Council. They do not take effect until ratified by the parliaments of all fifteen Member States. This can be a lengthy process as in some Member States the consent of their citizens is required by means of a referendum. Secondary legislation may be directives, regulations or decisions. They all require justification by a treaty article (the legal base). Directives are the most important type of secondary legislation. They set out the objectives to be achieved and lay down general principles and a deadline. Those covering a whole area of policy are normally known as ‘framework’ directives. Contrary to popular belief, directives are not addressed to bodies corporate or individuals so, unlike an Act of Parliament, they are not binding on anyone except the Member States who are expected to implement the directives according to the methods most commonly used in each country. In the United Kingdom, the most common form of implementing directives into United Kingdom law is via Statutory Instruments drawn up under Section 2(2) of the European Communities Act of 1972.
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Only occasionally does an EEC directive require an amendment to UK primary legislation (Acts of Parliament). It is directives which generate the most intensive lobbying activity in Brussels and Strasbourg. With the increase in co-decision between the European Parliament and the Council, the Parliament in particular has become the place in which interest and pressure groups try to make their point at the stage when a draft directive begins its progress. Lobbyists who know their job avoid overloading members of the European Parliament with lengthy and closely argued documents. MEPs have limited spans of attention and the shorter the document the more likely it is to be read.
Regulations Regulations are drawn up by the Commission using powers delegated to it by the relevant directive. Regulations will generally have as their legal base a directive which in its turn will have as its legal base an article of one of the treaties. The Commission does not operate on its own. Regulations are drawn up by committees of representatives of Member States who may be either national ‘experts’ or, most often, national civil servants. The way in which these committees work and their membership is not at all transparent. They meet behind closed doors and publish no minutes. The European Parliament has been trying for some time to open them up at least to some form of parliamentary scrutiny. The system of drawing up regulations by committee is known as ‘comitology’ and arises from an agreement in 1987 between the Commission and the Council to which the Parliament was not a party*. There were half a dozen different ways in which regulations could be drawn up. The Council and the Commission accept that this cumbersome system is not satisfactory but its updating is likely to lead to conflict between the European Parliament and the other two institutions. Commission and Council amended the comitology practice while the European Parliament was in recess following its election campaign.** Though the comitology procedure is not subject to public scrutiny, well-informed trade associations, pressure groups, interest groups and other lobbyists have their methods of finding out what has been decided. Some are so well-informed that they brief civil servants and national experts in advance of committee meetings.
*Decision 87/373/EEC. **Official Journal (OJ) Number C203 17.07.99: Declaration on the Council Decision 1999/463/EC laying down the procedures for the exercise of implementing powers conferred on the Commission.
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How and whom to lobby GETTING A PROPOSAL APPROVED LOBBYING THE COMMISSION COMMISSIONERS OR THEIR OFFICIALS? C O U N C I L I N V O LV E M E N T – U K R E P P U B L I C AT I O N O F D R A F T D I R E C T I V E S T H E PA R L I A M E N TA RY S TA G E L O B B Y I N G I N T H E E U R O P E A N PA R L I A M E N T THE COMMISSION’S WORK PROGRAMME RULES TO OBSERVE
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Chapter 5: How and whom to lobby
Getting a proposal approved Contrary to common belief, the European Commission does not spring directives on an unsuspecting world. The process of getting a proposal approved by both the Council of Ministers and the European Parliament (in the case of co-decision) can take a long time. So, there is no excuse for not being prepared. There are a number of ways in which the Commission signals its intentions. The alert trade association, pressure group, interest group or lobbyist needs to keep an eye on the studies for which the Commission regularly invites offers. Always initiated by one of the directorates-general, the way in which the invitation to tender is phrased can give a clue to the possible direction in which that directorate-general’s policy planning may be evolving. The next stage, which may be a year or two later, may well be a Commission green paper or other form of discussion document communicated to the Council, the Parliament and increasingly often, to the ECOSOC and to the COR. Interested parties are invited to submit their comments by a given deadline, sometimes rather short. The other institutions invariably take their time over their responses. As part of this discussion procedure, the Commission may hold a conference to which interested parties are invited. If possible, try to be asked by the Commission to present a paper. But it is essential to be there if only to hear what other interest groups have to say so as to be, perhaps, forewarned about the possible direction in which the Commission’s policy might be steered. At the same time, the European Parliament may decide to hold a public hearing, an increasingly frequent occurrence as the Parliament is entitled to do so under the Maastricht Treaty. The ECOSOC and the COR are also entitled to hold public hearings. None of them can be ignored.
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Lobbying the Commission The Commission in Brussels is very open. Commission officials responsible for drafting legislation are open to suggestion and advice and the earlier those suggestions and advice are proffered the better. Most Brussels based trade associations and other interest groups have good relationships with those departments of the Commission with whom they need to work and are therefore generally consulted by Commission officials at a very early stage. The Commission with the Parliament maintains a directory of interest groups listing all the Brussels based non-profit-making lobbying organisations. Inclusion in it is essential for being forewarned and consulted. Now available online at http:// europa.eu.int/comm/sg/sgc/lobbies/en/tabledom.htm The Commission published in 1993 its position on lobbying in its communication ‘An Open and Structured Dialogue Between the Commission and Special Interest Groups’. It was accompanied by a statement on ‘Increased Transparency in the Work of the Commission’.
Commissioners or their officials? As a general rule, it is not a sensible tactic to make a head-on approach to the responsible Commissioner nor, indeed, to a director-general. The drafting of a directive is the responsibility of Administrative Grade officials who do not take kindly to lobbyists trying to bypass them or go over their heads. It is much better to establish a good relationship with those responsible, something which can be created by showing them that you have understood their thinking and policy objectives.
Council involvement – UKREP Inevitably, representatives of Member States are involved in the drafting of directives since many of them arise from requests from the Council. The United Kingdom permanent representation to the European Union (known as UKREP) is a very useful guide as to who to speak to at the European Commission and which British officials are involved in the drafting process and Council Working Parties. UKREP is a very valuable resource for British interests.
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Publication of draft directives Before a draft directive is published in the Official Journal (C series) it has to be formally adopted by the collegiate body of 20 Commissioners. A draft can go through several revisions before finally being adopted by the Commission and then sent to the European Parliament, the Economic and Social Committee and the Committee of the Regions. Even then the process of modification and ‘improvement’ continues in parallel with this consultation. It is essential to keep up with that process and it requires good contacts in the Commission, UKREP and the British civil service.
The parliamentary stage After the coming into force of the Amsterdam Treaty, an increasing number of draft directives are subject to co-decision between the Parliament and the Council. As the Parliament can now amend directives under the co-decision procedure, the two principal parliamentary stages are of vital importance, especially the first reading. The responsible committees, their rapporteurs and draftsmen are key figures. On a controversial proposal, they will be subjected to intense lobbying pressure. They do not work alone, however, all of the European Parliament’s committees have well qualified staff, one of whom will be allocated to each of the rapporteurs and draftsmen to assist them in their task. They can be very helpful and should be sent copies of any communications with the members. (Some members will depend very much on the committee staff member allocated to help them.) The same advice applies to the Economic and Social Committee and also the Committee of the Regions, where they are consulted by the Commission about a draft directive.
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Lobbying in the European Parliament The European Parliament Rules of Procedure* include in the Code of Conduct, Rule 9(2) the provision that: The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament’s premises frequently with a view to supplying information to Members within the framework of their Parliamentary mandate in their own interests or those of third parties. In return these persons shall be required to: •
respect the Code of Conduct published as an annex to the Rules of Procedure;
•
sign a register kept by the Quaestors.
This register shall be made available to the public on request in all of the Parliament’s places of work and, in the form laid down by the Quaestors, in its information offices in the Member States. The Code of Conduct referred to above appears at Annex 11 to this Guide. (It is Annex IX to the Parliament’s Rules of Procedure.)
The Commission’s work programme Each year the Commission is required to submit to the Council, the Parliament and other institutions, its work programme for the forthcoming year. This will generally be a list of likely policy initiatives such as green papers, discussion documents and draft directives. It will also include an approximate timetable showing in which quarter the Commission proposes to table each item. In the case of draft directives, when they are foreshadowed in the Commission annual work programme, a great deal of preparatory work will have been done already. It is almost too late to wait until that stage to influence the Commission’s drafting.
*OJL 202 02.08.99.
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Rules to observe There are some basic rules which everyone needs to bear in mind in trying to influence decisions in Brussels and Strasbourg. While not guaranteed to achieve one hundred per cent success, they should be borne in mind in preparing a case. The basic rules are: •
Get in early – try to anticipate the Commission’s future thinking by keeping an eye on tender invitations and by cultivating officials in British government departments and in UKREP.
•
Try to understand what is wanted – the Commission cannot push through directives without the agreement of the Council and, in the case of co-decision, the Parliament as well.
•
Work with others – look for allies. With co-decision, draft directives create a need for coherent lobbying. An example of incoherent lobbying in recent years is the draft directive on internet copyright when numerous trade and industry bodies and other pressure groups lobbied separately. Many of them would have been better off and carried more weight if they had been able to work together. Officials, parliamentarians and Members of the Economic and Social Committee and Committee of the Regions, get very frustrated when more than one pressure group says more or less the same thing but in different words. It only leads to horrible confusion.
•
Don’t be negative – pressure groups simply cannot turn their back on the process and hope that draft directives will go away. They do occasionally go away but only after a very long time. Others, such as the 5th European company law draft directive have been under discussion since 1972!
•
Attention to detail – the saying ‘the devil is in the detail’ is one to bear in mind. Often it is the detail of draft directives (such as annexes laying down technical specifications) which leads to ‘the law of unintended consequences’. Officials and parliamentarians will be grateful to anyone who can help them to avoid making fools of themselves. Attention to detail also means making sure that you are following all developments throughout the full co-decision procedure.
•
56
Use UKREP – the United Kingdom permanent representation is a valuable British resource. Its staff are always helpful and regard it as their job to get the best possible deal for Britain. Within the limits of their professional obligation to be impartial, as between one British interest and another, they can be very helpful in keeping you informed
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about what is going on and even on occasion be prepared to make suggestions as to tactics. It is a part of their job always to be absolutely up-to-date with the progress of a piece of draft legislation as it makes it way through the Brussels process. •
Use British representatives – British MEPs, members of ECOSOC and of the COR. They are there to serve British interests, irrespective of the political party to which they belong in the United Kingdom. British Members of lead committees, especially British rapporteurs and draftsmen, are therefore important contacts.
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Acronyms and abbreviations
annex
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Annex 1: Acronyms and abbreviations Political Groups in the European Parliament
European People’s Party (Christian Democrats and European Democrats)
Party of European Socialists
PES
European Liberal, Democratic and Reformist Party
ELDR
Greens/European Free Alliance European United Left/Nordic Green Group
60
EPP/ED
VERTS/ALE EUL/NGL
Union for a Europe of Nations
UEN
Europe of Democracies and Diversities
EDD
European Alliance (in the Committee of the Regions)
EA
Independents
NI
ANNEX
1:
ACRONYMS
AND
ABBREVIATIONS
Member States
Abbreviations
No of MEPs
No of Votes in Council
United Kingdom
UK
87
10
Germany
D
99
10
France
FR
87
10
Italy
I
87
10
Spain
ES
64
8
Greece
GR
25
5
Denmark
DK
16
3
Belgium
B
25
5
Netherlands
NL
31
5
Ireland
IRL
15
3
Portugal
P
25
5
Finland
SF
16
3
Sweden
SW
22
4
Austria
A
21
4
Luxembourg
L
6
2
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Committee Abbreviations Foreign Affairs
AFET
Budgets
BUDG
Budgetary Control
CONT
Citizens’ Freedoms, etc
LIBE
Economic, etc
ECON
Legal Affairs, etc
JURI
Industry, etc
INDU
Employment, etc
EMPL
Environment, etc
ENVI
Agriculture, etc
AGRI
Fisheries
PECH
Regional, etc
REGI
Culture, etc
CULT
Development, etc
DEVE
Constitutional
AFCO
Women, etc
FEMM
Petitions
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PETI
ANNEX
1:
ACRONYMS
ACP
Africa, the Caribbean and the Pacific
CAP
Common Agricultural Policy
CD-ROM
Cohesion Fund
CFI
Court of First Instance
CFSP
Common Foreign Security Policy
COR
Committee of the Regions
COST DG
Committee of Permanent Representatives Co-operation, Scientific and Technical Research Directorate General or Director General
EAEC
European Atomic Energy Community (Euratom)
EAGGF
European Agricultural Guidance & Guarantee Fund
EC
European Community
ECB
European Central Bank
ECJ
European Court of Justice
ECOFIN ECOSOC & ESC
ABBREVIATIONS
Compact Disc – Read Only Memory
CF
COREPER
AND
Economic and Finance Council Economic and Social Committee
ECSC
European Coal and Steel Community
EEC
European Economic Community
EFTA
European Free Trade Area
EIB
European Investment Bank
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EIF
European Investment Fund
EP
European Parliament
EPC
Economic Policy Co-operation
ERDF
European Regional Development Fund
ESCB
European System of Central Banks
ESF
European Social Fund
EU
European Union
EUROPOL
European Police Office
FIFG
Financial Investment for Fisheries Guidance
ITER
International Thermonuclear Experimental Reactor
JET
Joint European Torus
JHA
Justice and Home Affairs
JRC
Joint Research Centre
OECD
Organisation for Economic Co-operation and Development
OEIL
Legislative Observatory, part of the European Parliament website
OJ
Official Journal
OJ-C
Commission Proposals and General Information
OJCE
Official Journal, C Series, Electronic in formation
OJL
Official Journal Legislative texts
PESCA TED
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Community Initiative for the Restructuring of the Fisheries Sector Tenders Electronic Daily
ANNEX
WTO UKREP WEU
1:
ACRONYMS
AND
ABBREVIATIONS
World Trade Organisation United Kingdom Permanent Representation to the European Union Western European Union
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The Treaties
annex
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Annex 2: The Treaties
Treaty European Coal and Steel Community (ECSC) Treaty (Treaty of Paris, 1951)
Summary
1952
Concluded for 50 years amongst the six on the basis of the Schuman plan
European Economic Community (EEC) Treaty (Treaty of Rome, 1957)
1958
Concluded on the model of the ECSC Treaty but with a much broader range of objectives; the most important of the Treaties
European Atomic Energy Community (EAEC or Euratom) Treaty (also signed in Rome, 1957)
1958
A sector-specific treaty of limited application
July 1967
Amended the ECSC, EEC and Euratom Treaties to create a Council and a Commission serving all three Communities
1971
Laid down a new procedure for setting the Budget and introduced the system of ‘own resources’
1978
Refined the budgetary procedure to give the European Parliament more power and set up the Court of Auditors
Treaty establishing a Single Council and a Single Commission of the European Communities (Merger Treaty, 1965) Treaty amending certain Budgetary Provisions of the Treaties establishing the European Communities (and of the Merger Treaty) (Treaty of Luxembourg, 1970) Treaty amending certain Financial Provisions of the Treaties establishing the European Communities (and of the Merger Treaty) (1975)
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Act concerning the election of the representatives of the European Parliament by direct universal suffrage (European Elections Act, 1976)
Single European Act (1986)
Treaty on European Union (Maastricht Treaty, 1992)
Treaty of Amsterdam (1997)
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The basis for the first (1979) and subsequent European elections
July 1987
Amended and expanded the EEC Treaty (most importantly by extending the scope of qualified majority voting) and laid down new procedures for foreign policy co-operation
Nov 1993
Established the European Union; amended and expanded the EEC Treaty; created the co-decision procedure; created ‘pillars’ of Common Foreign and Security Policy (CFSP) and Co-operation in the Fields of Justice and Home Affairs (JHA)
May 1999
Amended the Maastricht Treaty and the EEC Treaty; extended codecision; added new provisions on social policy; the Schengen acquis EEC Treaty; created ‘constructive abstention’; strengthened transparency
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Council decision RULES OF PROCEDURE OF THE COUNCIL ANNEX I ANNEX II
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Annex 3: Council decision*
of 31 May 1999 adopting the Council’s Rules of Procedure (1999/385/EC, ECSC, Euratom)
The Council of the European Union, Having regard to the Treaty establishing the European Community, and in particular Article 207(3), first subparagraph, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30(3) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(3) thereof,
Has decided as follows: Sole Article The Rules of Procedure of the Council of 6 December 1993 (93/662/EC), as amended on 6 February 1995 and 7 December 1998, shall be replaced by the following, which shall enter into force on 1 June 1999.
*OJL 147 of 12.6.99 and corrigenda OJL 215 of 24.9.99.
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Rules of Procedure of the Council Article I Notice and venue of meetings 1.
The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.
2.
The President shall make known the dates which he envisages for meetings of the Council during his period of office as President, seven months before the beginning thereof.
3.
The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its meetings in Luxembourg. In exceptional circumstances and for duly substantiated reasons, the Council or the Permanent Representatives Committee (Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere.
Article 2 Agenda 1.
The President shall draw up the provisional agenda for each meeting. The agenda shall be sent to the other members of the Council and to the Commission at least 14 days before the beginning of the meeting.
2.
The provisional agenda shall contain the items in respect of which a request for inclusion on the agenda, together with any documents relating thereto, has been received by the General Secretariat from a member of the Council or from the Commission at least 16 days before the beginning of that meeting. The provisional agenda shall also indicate the items on which the Presidency, a member of the Council or the Commission may request a vote.
3.
Items relating to the adoption of an act or a common position on a legislative proposal or a proposal for a measure to be adopted under Title VI of the EU Treaty shall not be placed on the provisional agenda for a decision until the six-week period provided for in point 3 of the Protocol on the role of national parliaments in the European Union has elapsed. The Council may unanimously derogate from the six-week period where the entry of an item is subject to the exception on grounds of urgency provided for in point 3 of that Protocol.
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4.
Only items in respect of which documents have been sent to the members of the Council and to the Commission by the date on which the provisional agenda is sent may be placed on that agenda.
5.
The General Secretariat shall transmit to the members of the Council and to the Commission requests for the inclusion of items in the agenda, documents and indications concerning voting relating thereto in respect of which the time limits specified above were not respected.
6.
The agenda shall be adopted by the Council at the beginning of each meeting. The inclusion in the agenda of an item other than those appearing on the provisional agenda shall require unanimity in the Council. Items entered in this way may be put to the vote.
7.
The provisional agenda shall be divided into Part A and Part B. Items for which approval of the Council is possible without discussion shall be included in Part A, but this does not exclude the possibility of any member of the Council or of the Commission expressing an opinion at the time of the approval of these items and having statements included in the minutes.
8.
However, an ‘A’ item shall be withdrawn from the agenda, unless the Council decides otherwise, if a position on an ‘A’ item might lead to further discussion thereof or if a member of the Council or the Commission so requests.
9.
Any request for the inclusion of an ‘other business’ item shall, in principle, be accompanied by an explanatory document.
Article 3 Representation of a Council member unable to attend Subject to the provisions of Article 9 on the delegation of voting rights, a member of the Council who is prevented from attending a meeting may arrange to be represented.
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Article 4 Meetings and public debates 1.
Meetings of the Council shall not be public except in the cases referred to in paragraph 2.
2.
The Council shall hold policy debates on the six monthly work programme submitted by the Presidency and, if appropriate, on the Commission’s annual work programme. These debates shall be the subject of public transmission by audio-visual means. The Council or Coreper may decide unanimously and on a case-by-case basis that other Council debates are to be the subject of public transmission by audio-visual means, in particular where they concern an important issue affecting the interests of the Union or an important new legislative proposal. To that end, it shall be for the Presidency, any member of the Council, or the Commission to propose issues or specific subjects for such a debate.
3.
The Commission shall be invited to take part in meetings of the Council. The same applies to the European Central Bank in cases where it exercises its right of initiative. The Council may, however, decide to deliberate without the presence of the Commission or of the European Central Bank.
4.
The members of the Council and of the Commission may be accompanied by officials who assist them. The number of such officials may be laid down by the Council. The names and functions of such officials shall be notified in advance to the Secretary-General or the Deputy Secretary-General.
5.
Admission to meetings of the Council shall be subject to the production of a pass.
Article 5 Professional secrecy and production of documents in legal proceedings 1.
Without prejudice to Article 7 and other applicable provisions, the deliberations of the Council shall be covered by the obligation of professional secrecy, except insofar as the Council decides otherwise.
2.
The Council or Coreper may authorise the production for use in legal proceedings, of a copy of or an extract from Council documents, which have not been released to the public pursuant to these Rules or the Council’s rules on public access to its documents.
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Article 6 Cases where the Council acts in its legislative capacity The Council acts in its legislative capacity within the meaning of the second subparagraph of Article 207(3) of the EC Treaty when it adopts rules which are legally binding in or for the Member States, by means of regulations, directives, framework decisions or decisions on the basis of the relevant provisions of the Treaties, with the exception of discussions leading to the adoption of internal measures, administrative or budgetary acts, acts concerning inter-institutional or international relations or nonbinding acts (such as conclusions, recommendations or resolutions).
Article 7 Making deliberations public 1.
Where the Council acts in its legislative capacity within the meaning of Article 6, the results of votes and explanations of votes by Council members, as well as the statements in the Council minutes and the items in those minutes relating to the adoption of legislative acts, shall be made public. The results of votes and explanations of votes shall also be made public when the Council adopts a common position pursuant to Article 251 or 252 of the EC Treaty. The same rule shall apply for votes and explanations of votes by members of the Council or their representatives on the Conciliation Committee set up by Article 251 of the EC Treaty.
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2.
The results of votes and explanations of votes shall also be made public when the Council establishes a convention on the basis of Title VI of the EU Treaty. The statements entered in the Council minutes and the items in those minutes relating to adoption of such conventions shall be made public by decision of the Council or Coreper, taken at the request of one of their members.
3.
The results of votes shall be made public: a)
when the Council acts pursuant to Title V of the EU Treaty, by a unanimous Council or Coreper Decision taken at the request of one of their members;
b)
when the Council adopts a common position within the meaning of Title VI of the EU Treaty, by a unanimous Council or Coreper Decision taken at the request of one of their members;
c)
in other cases, by Council or Coreper Decision taken at the request of one of their members.
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When the result of a vote in the Council is made public in accordance with subparagraphs, (a), (b) and (c), the explanations of votes made when the vote was taken shall also be made public at the request of the Council members concerned, with due regard for these Rules of Procedure, legal certainty and the interests of the Council. Statements entered in the Council minutes and items in those minutes relating to the adoption of the acts referred to in subparagraphs (a), (b) and (c) shall be made public by Council or Coreper Decision taken at the request of one of their members. 4.
Votes shall not be made public in the case of discussions leading to indicative votes or the adoption of preparatory acts.
Article 8 Public access to Council documents The detailed arrangements for public access to Council documents shall be adopted by the Council.
Article 9 Voting arrangements and quorum 1.
The Council shall vote on the initiative of its President. The President shall, furthermore, be required to open a voting procedure on the initiative of a member of the Council or of the Commission, provided that a majority of the Council’s members so decides.
2.
The members of the Council shall vote in the order of the Member States laid down in Article 203 of the EC Treaty and in the corresponding Articles of the other two Community Treaties, beginning with the member who, according to that order, follows the member holding the office of President.
3.
Where a vote is taken, any member of the Council may also act on behalf of not more than one other member.
4.
The presence of a majority of the members of the Council who are, under the Treaties, entitled to vote is required to enable the Council to vote.
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Article 10 Written procedure
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1.
Acts of the Council on an urgent matter may be adopted by a written vote where the Council or Coreper unanimously decides to use that procedure. In special circumstances, the President may also propose the use of that procedure; in such a case, written votes may be used where all members of the Council agree to that procedure.
2.
Agreement by the Commission to the use of the written procedure shall be required where the written vote is on a matter which the Commission has brought before the Council.
3.
A summary of acts adopted by the written procedure shall be drawn up every month.
4.
On the initiative of the Presidency, the Council may also act for the purpose of implementing the common foreign and security policy by means of the simplified written procedure (COREU). In that case the proposal shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects.
5.
On the initiative of the Presidency, the Council may also act for the purpose of deciding to consult other institutions or bodies by means of a streamlined written procedure wherever such consultation is required by Community law. In that case the decision to consult shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects.
6.
The General Secretariat shall establish that the written procedures have been completed.
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Article 11 Minutes 1.
Minutes of each meeting shall be drawn up and, when approved, shall be signed by the President-in-Office at the time of such approval and by the Secretary-General or the Deputy Secretary-General. The minutes shall as a general rule indicate in respect of each item on the agenda: –
the documents submitted to the Council,
–
the decisions taken or the conclusions reached by the Council,
–
the statements made by the Council and those whose entry has been requested by a member of the Council or the Commission.
2.
The draft minutes shall be drawn up by the General Secretariat within fifteen days and submitted to the Council or to Coreper for approval.
3.
Prior to such approval any member of the Council, or the Commission, may request that more details be inserted in the minutes regarding any item on the agenda. These requests may be made in Coreper.
Article 12 Deliberations and decisions on the basis of documents and drafts drawn up in the languages provided for by the language rules in force 1.
Except as otherwise decided unanimously by the Council on grounds of urgency, the Council shall deliberate and take decisions only on the basis of documents and drafts drawn up in the languages specified in the rules in force governing languages.
2.
Any member of the Council may oppose discussion if the texts of any proposed amendments are not drawn up in such of the languages referred to in paragraph I as he or she may specify.
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Article 13 Signing of acts The text of the acts adopted by the Council and that of the acts adopted jointly by the European Parliament and the Council shall be signed by the President-inOffice at the time of their adoption and by the Secretary-General or the Deputy Secretary-General. The Secretary-General and the Deputy Secretary-General may delegate their signatures to Directors-General of the General Secretariat.
Article 14 Absence of the possibility to participate in the vote For the purposes of application of these Rules of Procedure, due account will be taken, in accordance with Annex I, of cases in which, under the Treaties, one or more members of the Council may not participate in the vote.
Article 15 Publication of acts in the Official Journal 1.
The following shall be published in the Official Journal by the Secretary-General or the Deputy Secretary-General: a)
the acts referred to in Article 254(l) and (2) of the EC Treaty;
b)
the acts referred to in the first paragraph of Article 163 of the Euratom Treaty,
c)
the common positions adopted by the Council in accordance with the procedures referred to in Articles 251 and 252 of the EC Treaty, and the reasons underlying those common positions;
d)
the framework decisions and decisions referred to in Article 34(2) of the EU Treaty;
e)
the conventions established by the Council in accordance with Article 34(2) of the EU Treaty.
Reference shall be made in the Official Journal to the entry into force of such conventions;
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the conventions signed between Member States on the basis of Article 293 of the EC Treaty. Reference shall be made in the Official Journal to the entry into force of such conventions;
g)
international agreements concluded by the Community or in accordance with Article 24 of the EU Treaty. Reference shall be made in the Official Journal to the entry into force of such agreements.
2.
Unless the Council or Coreper decides otherwise, the following shall be published in the Official Journal by the Secretary-General or the Deputy Secretary-General: a)
initiatives presented to the Council by a Member State pursuant to Article 67(l) of the EC Treaty,
b)
initiatives presented to the Council by a Member State pursuant to Article 34(2) of the EU Treaty;
c)
the common positions referred to in Article 34(2) of the EU Treaty;
d)
directives other than those referred to in Article 254(l) and (2) of the EC Treaty, decisions other than those referred to in Article 254(l) of the EC Treaty and recommendations.
3.
The Council or Coreper shall decide unanimously, on a case-by-case basis, whether there should be publication in the Official Journal by the Secretary-General or the Deputy Secretary-General of the common strategies, the joint actions and the common positions referred to in Article 12 of the EU Treaty.
4.
The Council or Coreper shall decide, on a case-by case basis and taking account of possible publication of the basic act, whether the following should be published in the Official Journal by the Secretary-General or the Deputy Secretary-General: a)
the measures implementing the joint actions referred to in Article 12 of the EU Treaty;
b)
the joint actions, the common positions or any other decision adopted on the basis of a common strategy, as provided for in the first indent of Article 23(2) of the EU Treaty;
c)
any measures implementing the decisions referred to in Article 34(2) of the EU Treaty and any measures implementing conventions drawn up by the Council in accordance with Article 34(2) of the EU Treaty.
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Where an agreement concluded between the Communities and one or more States or international organisations sets up a body vested with powers of decision, the Council shall decide, when such an agreement is concluded, whether decisions to be taken by that body should be published in the Official Journal.
Article 16 Notification of acts 1.
Directives other than those referred to in Article 254(l) and (2) of the EC Treaty and decisions other than those referred to in Article 254(l) of the EC Treaty shall be notified to their addressees by the SecretaryGeneral, the Deputy Secretary-General or a Director-General acting on their behalf.
2.
When they are not published in the Official Journal, the following acts shall be notified to their addressees by the Secretary-General, the Deputy Secretary-General or a Director-General acting on their behalf:
3.
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a)
recommendations;
b)
the common strategies, joint actions and common positions referred to in Article 12 of the EU Treaty;
c)
the common positions referred to in Article 34(2) of the EU Treaty;
d)
measures implementing the acts adopted on the basis of Articles 12 and 34 of the EU Treaty.
The Secretary-General, the Deputy Secretary-General or a DirectorGeneral acting on their behalf shall send to the Governments of the Member States and to the Commission authentic copies of Council Directives other than those referred to in Article 254(l) and (2) of the EC Treaty and Council Decisions and recommendations.
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Article 171 Coreper, committees and working parties 1.
Coreper shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. All items on the agenda for a Council meeting shall be examined in advance by Coreper unless the Council decides otherwise. Coreper shall endeavour to reach agreement at its level to be submitted to the Council for adoption. It shall ensure adequate presentation of the dossiers to the Council. In the event of an emergency, the Council, acting unanimously, may decide to settle the matter without prior examination.
2.
Committees or working parties may be set up by, or with the approval of Coreper, with a view to carrying out certain preparatory work or studies defined in advance.
3.
Coreper shall be chaired, depending on the items on the agenda, by the Permanent Representative or the Deputy Permanent Representative of the Member State which holds the Presidency of the Council. Unless the Council decides otherwise, the various committees provided for in the Treaties shall also be chaired by a delegate of that Member State. The same shall apply to the committees and working parties referred to in paragraph 2, unless Coreper decides otherwise. For the preparation of meetings of Council compositions meeting once every six months and held during the first half of this period, the meetings of committees other than Coreper and those of working parties held during the preceding six months may be chaired by a delegate of the Member State whose turn it is to chair the said Council meetings.
4.
Coreper may adopt the following procedural decisions, provided that the items relating thereto have been included on its provisional agenda at least three working days before the meeting. Unanimity on the part of Coreper shall be required for any derogation from that period: a)
decision to hold a Council meeting in a place other than Brussels or Luxembourg (second subparagraph of Article 1(3));
b)
decision that certain Council debates may be transmitted to the public (second subparagraph of Article 4(2));
1
These provisions are without prejudice to the role of the Economic and Financial Committee as resulting from Article 114 of the EC Treaty and existing Council Decisions relating to it (OJ L358, 31.12.1998, p.109, and OJ L5,1.1.1999, p.71).
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c)
authorisation to produce a copy of or an extract from a Council document for use in legal proceedings (Article 5(2));
d)
decision to make the results of votes public in the cases laid down in Article 7(2) and (3);
e)
decision to use the written procedure (Article 10(l));
f)
approval or amendment of Council minutes (Article 11(2) and (3));
g)
decision to publish a text or an act in the Official Journal (Article 15(2), (3) and (4));
h)
decision to consult an institution or body,
i)
decision setting or extending a time-limit for consultation of an institution or body;
j)
approval of the wording of a letter to be sent to an institution or body.
Article 182 Reports from committees and working parties Notwithstanding the other provisions of these Rules of Procedure, the Presidency shall organise the meetings of the various committees and working parties so that their reports are available before the Coreper meetings at which they are to be examined.
Article 19 Quality of drafting In order to assist the Council in its task of ensuring the drafting quality of the legislative acts which it adopts, the Legal Service shall be responsible for checking the drafting quality of proposals and draft acts at the appropriate stage, as well as for bringing drafting suggestions to the attention of the Council and its bodies, pursuant to the inter-institutional Agreement of 22 December 1998.
2
These provisions are without prejudice to the role of the Economic and Financial Committee as resulting from Article 114 of the EC Treaty and existing Council Decisions relating to it (OJ L358, 31.12.1998, p.109, and OJ L5, 1.1.1999, p.71).
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Article 20 The General Secretariat 1.
The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting unanimously.
2.
The Council shall decide on the Organisation of the General Secretariat. Under its authority the Secretary-General and the Deputy SecretaryGeneral shall take all the measures necessary to ensure the smooth running of the General Secretariat.
3.
The Secretary-General or the Deputy Secretary-General shall submit to the Council the draft estimate of the expenditure of the Council in sufficient time to ensure that the time limits laid down by the financial provisions are met.
4.
In accordance with the provisions of the Financial Regulation referred to in Article 279 of the EC Treaty and in the corresponding articles of the other two Community Treaties, the Secretary-General or the Deputy Secretary-General shall administer the appropriations entered in Section 11 – Council – of the budget.
Article 21 Security The rules on security shall be adopted by the Council.
Article 22 Duties as depository of agreements and conventions In the event of the Secretary-General of the Council being designated as depository of an agreement concluded in accordance with Article 24 of the EU Treaty or concluded by the Community and one or more States or international organisations, of a convention concluded between Member States or of a convention established pursuant to Article 34 of the EU Treaty, the acts of ratification, acceptance or approval of those agreements or conventions shall be deposited at the address of the Council.
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In such instances the Secretary-General shall perform the duties of a depository and shall also ensure that the dates of entry into force of such agreements or conventions are published in the Official Journal.
Article 23 Representation before the European Parliament Subject to special procedures, the Council may be represented by the Presidency or by any other of its members before the European Parliament or its committees. The Council may also be represented before those committees by its Secretary-General, its Deputy Secretary-General or by senior officials of the General Secretariat acting on instructions from the Presidency. The Council may also present its views to the European Parliament by means of a written statement.
Article 24 Provisions concerning the form of acts The provisions concerning the form of acts are set out in Annex II, page 88.
Article 25 Correspondence addressed to the Council Correspondence to the Council shall be sent to the President at the following address of the Council: Council of the European Union Rue de la Loi/Wetstraat, 175 B-1048 Brussels
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Annex I 1.
In application of the following provisions of these Rules of Procedure and for decisions in respect of which, under the Treaties, members of the Council or of Coreper may not participate in the vote; account is not to be taken of votes by such members: a)
Article 1(3), second subparagraph (holding of a meeting in a place other than Brussels or Luxembourg);
b)
Article 2(6) (inclusion on the agenda of an item other than those appearing on the provisional agenda);
c)
Article 2(8) (maintaining as a ‘B’ item on the agenda an ‘A’ item which would otherwise have had to be withdrawn from the agenda),
d)
Article 4(3), as regards the presence of the European Central Bank only (deliberation without the presence of the European Central Bank);
e)
Article 7(2) and (3), first subparagraph, points (b) and (c), second and third subparagraphs (making public the statements in the Council minutes and items in those minutes relating to the adoption of conventions established on the basis of Title VI of the EU Treaty; making public the results of votes, explanations of votes, statements in the Council minutes and items in those minutes relating to the adoption of a common position under Title VI of the EU Treaty; making public the results of votes, explanations of votes, statements in the Council minutes and items in those minutes relating to cases other than those referred to in paragraph 3);
f)
Article 9(1), second subparagraph (opening of a voting procedure);
g)
Article 10(1) (use of the written procedure);
h)
Article 12(1) (decision to deliberate and take decisions exceptionally on the basis of documents and drafts not drawn up in all the languages);
i)
Article 15(2)(a) and (b) (non-publication in the Official Journal of an initiative presented by a Member State pursuant to Article 67(l) of the EC Treaty or Article 34(2) of the EU Treaty);
j)
Article 15(2)(c) and (d) (non-publication in the Official Journal of a common position adopted on the basis of Article 34 of the EU Treaty or certain Directives, Decisions and Recommendations);
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k)
Article 15(4)(c) (publication in the Official Journal of any measures implementing decisions or conventions referred to in Article 34(2) of the EU Treaty);
l)
Article 15(5) (whether to publish in the Official Journal decisions taken by a body set up under an international agreement).
A member of the Council or of Coreper may not make use of the following provisions of these Rules of Procedure in connection with decisions on which, under the Treaties, that member may not participate in the vote: a)
Article 2(8) (possibility of a member of the Council requesting withdrawal of an ‘A’ item from the agenda);
b)
Article 9(i), second subparagraph (possibility of a member of the Council requesting the opening of a voting procedure);
c)
Article 9(3) (possibility of a member of the Council acting on behalf of another in a vote);
d)
Article 12(2) (possibility for any member of the Council to oppose discussion if the texts of any proposed amendments are not drawn up in the language he or she has specified).
Annex II Provisions concerning the form of acts A. Form of Regulations 1.
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Regulations adopted jointly by the European Parliament and the Council and Council regulations shall include: a)
in their title the word ‘Regulation’, followed by a serial number, the date of their adoption and an indication of their subject matter,
b)
the words ‘The European Parliament and the Council of the European Union’ or ‘The Council of the European Union’, as appropriate;
c)
a reference to the provisions under which the Regulation is adopted, preceded by the words ‘Having regard to’;
d)
a citation containing a reference to proposals submitted and to opinions obtained and consultations held;
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e)
a statement of the reasons on which the Regulation is based, preceded by the word ‘Whereas:’, the recitals being numbered;
f)
the words ‘have adopted this Regulation’or ‘has adopted this Regulation’, as appropriate, this followed by the enacting terms of the regulation.
2.
Regulations shall be divided into articles, if appropriate grouped into chapters and sections.
3.
The final article of a Regulation shall fix the date of entry into force, where that date is before or after the twentieth day following publication.
4.
The final article of a Regulation shall be followed by: a) (i) the words ‘This Regulation shall be binding in its entirety and directly applicable in all Member States’. or (ii) the words ‘This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community’ in any cases in which an act is not applicable to, and in, all Member States; b)
the words ‘Done at….’ followed by the date on which the regulation was adopted, and
c)
in the case of: (i)
a Regulation adopted jointly by the European Parliament and the Council, the formula: ‘For the European Parliament The President For the Council The President,’
followed by the name of the President of the European Parliament and of the President-in-Office of the Council at the time when the regulation is adopted; (ii) a Council Regulation, the formula: ‘For the Council, The President’ followed by the name of the President-in-Office of the Council at the time when the Regulation is adopted.
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B. Form of directives, decisions, recommendations and opinions (EC Treaty)
C.
1.
Directives and decisions adopted jointly by the European Parliament and the Council, and directives and decisions of the Council, shall include in their titles the word ‘Directive’ or ‘Decision’.
2.
Recommendations and opinions issued by the Council shall include in their tides the word ‘Recommendation’ or ‘Opinion’.
3.
The provisions relating to regulations set out in A above shall apply mutatis mutandis, subject to the relevant provisions of the EC Treaty, to Directives and Decisions.
Form of common strategies of the European Council, joint actions and common positions referred to in Article 12 of the EU Treaty
Common strategies, joint actions and common positions within the meaning of Article 12 of the EU Treaty shall bear one of the following headings, as appropriate: a)
‘European Council Common Strategy’, a serial number (year/number/ CFSP), the date of adoption and the subject matter,
b)
‘Council Joint Action’, a serial number (year/number/CFSP), the date of adoption and the subject matter
c)
‘Council Common Position’, a serial number (year/number/CFSP), the date of adoption and the subject matter.
D. Form of common positions, framework decisions, decisions and conventions referred to in Article 34(2) of the EU Treaty Common positions, framework decisions, decisions and conventions within the meaning of Article 34(2) of the EU Treaty shall bear one of the following headings, as appropriate:
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a)
‘Council Common Position’, a serial number (year/number/JHA), the date of adoption and the subject matter;
b)
‘Council Framework Decision’, a serial number (year/number/JHA), the date of adoption and the subject matter;
c)
‘Council Decision’, a serial number (year/number/JHA), the date of adoption and the subject matter;
d)
‘Convention established by the Council in accordance with Article 34 of the Treaty on European Union’ and the subject matter.
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Done at Brussels, 31 May 1999. For the Council The President J. FISCHER
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Commission Rules of Procedure adopted on 18 September 1999 CHAPTER 1: THE COMMISSION SECTION I: COMMISSION MEETINGS SECTION II: OTHER DECISION-MAKING PROCEDURES S E C T I O N I I I : P R E PA R AT I O N A N D I M P L E M E N TAT I O N O F COMMISSION DECISIONS C H A P T E R 2 : C O M M I S S I O N D E PA RT M E N T S CHAPTER 3: DEPUTISING FINAL PROVISIONS
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Annex 4: Commission Rules of Procedure adopted on 18 September 1999
The Commission of the European Communities Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 16 thereof, Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular, Article 131 thereof, Having regard to the Treaty on the European Union, and in particular Articles 28(l) and 41(l) thereof,
Has adopted this procedure:
Chapter 1: The Commission Article 1 The Commission shall act collectively in accordance with these Rules and in compliance with the political guidelines laid down by the President.
Article 2 In compliance with the political guidelines laid down by the President, the Commission shall establish its priorities and each year adopt its work programme.
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Article 3 The President may assign to Members of the Commission special fields of activity with regard to which they are specifically responsible for the preparation of Commission work and the implementation of its decisions. He may also change these assignments at any time. The President may set up working groups of Members of the Commission, whose chairpersons he will designate. The President shall represent the Commission. He shall designate the Members of the Commission to assist him in this task.
Article 4 Commission decisions shall be taken: a)
at meetings;
or b)
by written procedure in accordance with Article 12;
or c)
by delegation in accordance with Article 13.
Section I: Commission meetings Article 5 Meetings of the Commission shall be convened by the President. The Commission shall, as a general rule, meet at least once a week. It shall hold additional meetings whenever necessary. Members of the Commission shall be required to attend all meetings. The President shall judge whether Members may be released from this requirement in certain circumstances.
Article 6 The President shall adopt the agenda of each meeting, taking into account in particular the work programme provided for in Article 2.
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Without prejudice to the prerogative of the President to adopt the agenda, any proposal involving significant expenditure must be presented in agreement with the Member of the Commission responsible for the budget. If a Member of the Commission proposes the inclusion of an item on the agenda, the President shall, save in exceptional circumstances, be given nine days’ notice. The agenda and the necessary working documents shall be circulated to the Members of the Commission within the time limit and in the working languages prescribed by the Commission in accordance with Article 23. Where a Member of the Commission requests that an item be withdrawn from the agenda, the item shall, provided the President agrees, be held over for the next meeting. The Commission may, on a proposal from the President, discuss any question which is not on the agenda or for which the necessary working documents have been distributed late. it may decide by majority vote not to discuss an item on the agenda.
Article 7 The number of Members present required to constitute a quorum shall be equal to a majority of the number of Members specified in the Treaty.
Article 8 The Commission shall take decisions on the basis of proposals from one or more of its Members. A vote shall be taken if any Member so requests. The vote may be on a proposal as originally made or as amended by the Member or Members responsible or by the President. Commission decisions shall be adopted if a majority of the number of Members specified in the Treaty vote in favour. This majority shall be required irrespective of the tenor and nature of the decision.
Article 9 Meetings of the Commission shall not be public. Discussions shall be confidential.
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Article 10 Save as otherwise decided by the Commission, the Secretary-General shall attend meetings. Attendance of other persons shall be determined in accordance with the rules to give effect to these Rules of Procedure. In the absence of a member of the Commission, his Chef de cabinet may attend the meeting and, at the invitation of the President, state the views of the absent Member. The Commission may decide to hear any other person.
Article 11 Minutes shall be taken of all meetings of the Commission. The draft minutes shall be submitted to the Commission for approval at a subsequent meeting. The approved minutes shall be authenticated by the signatures of the President and the Secretary-General.
Section II: Other decision-making procedures Article 12 The agreement of the Commission to a proposal by one or more of its Members may be obtained by means of a written procedure, provided the Directorates-General directly involved are in agreement and the proposal has been endorsed by the Legal Service. For this purpose, the text of the proposal shall be circulated in writing to all members of the Commission in the languages prescribed by the Commission in accordance with Article 23, with a time limit within which members must make known any reservations or amendments they wish to make. Any Member of the Commission may, in the course of the written procedure, request that the proposal be discussed. He shall send a reasoned request to that effect to the President.
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A proposal on which no Member of the Commission has made a reservation and maintained it up to the time limit set for a written procedure shall stand adopted by the Commission. Proposals adopted shall be recorded in a day note which shall be recorded in the minutes of the next meeting.
Article 13 The Commission may, provided the principle of collective responsibility is fully respected, empower one or more of its Members to take, on its behalf and under its responsibility, clearly defined management or administrative measures, including instruments preparatory to a decision to be taken by the Commission at a later time. The Commission may also instruct one or more of its Members, with the agreement of the President, to adopt the definitive text of any instrument as defined in the first paragraph, or of any proposal to be presented to the other institutions the substance of which has already been determined in discussion. Decisions adopted by delegation procedure shall be recorded in a day note which shall be recorded in the minutes of the next Commission meeting. Powers conferred in this way may be sub-delegated only as expressly provided in the enabling decision. The provisions of the first, second and third paragraphs shall be without prejudice to the rules concerning delegation in respect of financial matters or the powers conferred on the appointing authority and the authority empowered to conclude contracts of employment.
Section III: Preparation and implementation of Commission decisions Article 14 Members of the Commission may each appoint personal staff to assist them in their work and in preparing Commission decisions. A member of the Commission to whom an area of responsibility is assigned shall give instructions to the relevant departments.
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Article 15 The Secretary-General shall assist the President in preparing the proceedings and meetings of the Commission. He shall also assist the chairperson of the working groups set up under the second paragraph of Article 3. He shall ensure that decision-making procedures are properly implemented and that effect is given to the decisions referred to in Article 4. He shall ensure the necessary co-ordination between departments in the preparatory stages and shall see that the rules for submission of documents are complied with. He shall take the necessary steps to ensure that Commission instruments are officially notified to those concerned and are published in the Official Journal of the European Communities and that documents of the Commission and its departments are transmitted to the other institutions of the European Communities. He shall be responsible for official relations with the other institutions of the European Communities, subject to any decisions by the Commission to exercise any function itself or to assign it to its Members or departments. He shall monitor the proceedings of the other institutions of the European Communities and keep the Commission informed.
Article 16 Instruments adopted by the Commission in the course of a meeting shall be attached, in the authentic language or languages, in such a way that they cannot be separated, to a summary note prepared at the end of the meeting at which they were adopted. They shall be authenticated by the signatures of the President and the SecretaryGeneral on the last page of the summary note. Instruments adopted by written procedure shall be attached in the authentic language or languages, in such a way that they cannot be separated, to the day note referred to in Article 12. These instruments shall be authenticated by the signature of the Secretary-General on the last page of the day note. Instruments adopted by delegation procedure shall be attached in the authentic language or languages, in such a way that they cannot be separated, to the day note referred to in Article 13. They shall be authenticated by the signature of the Secretary-General on the last page of the day note. For the purposes of these Rules ‘instruments’ means any instrument as referred to in Article 14 of the ECSC Treaty, Article 249 of the EC Treaty and Article 161 of the Euratom Treaty.
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For the purposes of these Rules, ‘authentic language or languages’ means the official languages of the Communities in the case of instruments of general application and the language or languages of those to whom they are addressed in other cases.
Chapter 2: Commission departments Article 17 A number of Directorates-General and equivalent departments forming a single administrative service shall assist the Commission in the performance of its tasks. The Directorates-General and equivalent departments shall normally be divided into directorates, and directorates into units.
Article 18 The Commission may, in special cases, set up temporary structures to deal with particular matters and shall determine their responsibilities and method of operation.
Article 19 In order to ensure the effectiveness of Commission action, departments shall work in close co-operation and in co-ordinated fashion in the preparation or implementation of Commission decisions. Before submitting a document to the Commission, the departments responsible shall, in sufficient time, consult other departments which are associated or concerned by virtue of their powers or responsibilities or the nature of the subject, and shall inform the Secretariat-General where it is not consulted. The Legal Service shall be consulted on all drafts or proposals for legal instruments and on all documents which may have legal implications. The Directorates-General responsible for the budgets, personnel and administration shall be consulted on all documents which may have implications concerning the budget and finances or personnel and administration respectively. The Directorate-General responsible for financial control shall likewise be consulted, as need be.
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The department responsible shall endeavour to frame a proposal that has the agreement of the departments concerned. In the event of a disagreement it shall append to its proposal the differing views expressed by these departments, without prejudice to Article 12.
Chapter 3: Deputising Article 20 If the President is prevented from exercising his functions, they shall be exercised by one of the Vice-Presidents or Members chosen in the order laid down by the Commission.
Article 21 Where the Secretary-General is prevented from exercising his functions, they shall be exercised by the Deputy Secretary-General or, where this is not possible, by an official designated by the Commission.
Article 22 Where a Director-General is prevented from exercising his functions, they shall be exercised by the most senior Deputy Director-General present, and in the event of equal seniority, by the one who is eldest, or, where this position does not exist, by an official designated by the Commission. If no such replacement is designated, the most senior subordinate present in the highest category and grade shall deputise, and in the event of equal seniority, the one who is eldest. A Deputy Head of Unit, where the position exists, shall deputise for the Head of Unit. Where any other superior is prevented from exercising his duties, the DirectorGeneral shall designate an official in agreement with the Member of the Commission responsible. If no replacement is designated, the most senior subordinate present in the highest category and grade shall deputise, and in the event of equal seniority, the one who is eldest.
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Final provisions Article 23 The Commission shall, as necessary, lay down rules to give effect to these Rules of Procedure.
Article 24 The Rules of Procedure of 17 February 1993, as amended by Decision 95/148/EC, Euratom, ECSC, are repealed.
Article 25 These Rules of Procedure shall enter into force on 18 September 1999.
Article 26 These Rules of Procedure shall be published in the Official Journal of the European Communities. Done at Brussels, 18 September 1999. For the Commission The President ROMANO PRODI
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New Directorates-General and their Directors-General (DGs)
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Annex 5: New Directorates-General and their Directors-General (DGs)
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Secretariat General
Sec Gen Carlo TROJAN
Legal Service
DG Jean-Louis DEWOST
Economic and Financial
DG Giovanni RAVASIO
Enterprise
DG Fabio COLASANTI
Competition
DG Alexander SCHAUB
Employment and Social Affairs
DG Allan LARSSON
Agriculture
DG José Manuel SILVA RODRIGUEZ
Transport
DG François LAMOUREUX
Environment
DG Jim CURRIE
Research
DG Jorma ROUTTI
Information Society
DG Robert VERRUE
Fisheries
DG Steffen SMIDT
Internal Market
DG John MOGG
Regional
DG Guy CRAUSER
Energy
DG Pablo BENAVIDES SALAS
Taxation and Customs
DG Michel VANDEN ABEELE
Education and Culture
DG Klaus VAN DER PAS
Justice and Home Affairs
DG Adrian FORTESCUE
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THEIR
DIRECTORS-GENERAL
External Relations
DG Philippe SOUBESTRE
Trade
DG Hans Friedrich BESELER
Health and Consumer Protection
DG Robert COLEMAN
Development
DG Philip LOWE
Enlargement
DG Eneko LANDABARU ILLARAMENDI
Statistics
DG Yves RANCHET
Personnel and Administration
DG Horst REICHENBACH
Budget
DG Jean-Paul MINGASSON
(DGs)
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Council decision 93/731/EC of 20 December 1993 on public access to Council documents amended 2 December 1996
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Annex 6: Council decision 93/731/EC of 20 December 1993 on public access to Council documents amended 2 December 1996
The Council Having regard to the Treaty establishing the European Community, and in particular Article 151(3) thereof. Having regard to the Treaty establishing the European Coal and Steel Community and, in particular Article 30(2) thereof. Having regard to the Treaty establishing the European Atomic Energy Community and, in particular Article 121(2) thereof. Having regard to its Rules of Procedure and in particular Article 22 thereof. Whereas on 6 December 1993 the Council and the Commission approved a code of conduct concerning public access to Council and Commission documents, reaching common agreement on the principles which must govern such access. Whereas experience has shown that a number of amendments need to be made to Council Decision 93/731/EC of 20 December 1993 on public access to Council documents. Whereas provisions should be adopted for the implementation of those principles by the Council. Whereas these provisions are applicable to any document held by the Council whatever its medium, excluding documents written by a person, body or institution outside the Council. Whereas the principle of allowing the public whole access to Council documents, as part of greater transparency in the Council’s work, must however be subject to exceptions, particularly as regards protection of the public interest, the individual and privacy. Whereas, in the interests of rationalisation and efficiency, the Secretary-General of the Council should sign on behalf of the Council and on its authorisation replies to applications for access to documents, except in cases where the Council is called upon to reply to a confirmatory application.
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Whereas this Decision must apply with due regard for provisions governing the protection of classified information. Whereas provision should be made for some flexibility in the time limits for the General Secretariat’s reply to an application for access to a Council document and the Council’s reply to a confirmatory application. Whereas use of this option should be exceptional. Whereas Article 9 of Decision 93/731/EC is obsolete and should be replaced.
Has decided as follows
Article 1 1.
The public shall have access to Council documents under the conditions laid down in this Decision.
2.
Council document means any written text, whatever its medium, containing existing data and held by the Council, subject to Article 2(2).
Article 2 1.
An application for access to a Council document shall be sent in writing to the Council*. It must be made in a sufficiently precise manner and must contain information enabling the document or documents requested to be identified. Where necessary, the applicant shall be asked for further details.
2.
Where the requested document was written by a natural or legal person, a Member State, another Community institution or body, or any other national or international body, the application must not be sent to the Council, but direct to the author.
*The Secretary General of the Council of the European Union, 175 rue de la Loi, 1048 Brussels, Belgium.
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Article 3 1.
The applicant shall have access to a Council document either by consulting it on the spot or by having a copy sent at his own expense. The fee shall be set by the Secretary-General.
2.
The relevant departments of the General Secretariat shall endeavour to find a fair solution to deal with repeat applications and/or those which relate to very large documents.
3.
Anyone given access to a Council document may not reproduce or circulate the document for commercial purposes through direct sale without prior authorisation from the Secretary-General.
Article 4 1.
2.
Access to a Council document shall not be granted where its disclosure could undermine: •
the protection of the public interest (public security, international relations, monetary stability, court proceedings, inspections and investigations),
•
the protection of the individual and of privacy,
•
the protection of commercial and industrial secrecy,
•
the protection of the Community’s financial interests,
•
the protection of confidentiality as requested by the natural or legal person who supplied any of the information contained in the document or as required by the legislation of the Member State which supplied any of that information.
Access to a Council document may be refused in order to protect the confidentiality of the Council’s proceedings.
Article 5 The Secretary-General shall reply on behalf of the Council to applications for access to Council documents, except in the cases referred to in Article 7(3), in which the reply shall come from the Council.
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Article 6 Any application for access to a Council document shall be examined by the relevant departments of the General Secretariat, which shall suggest what action is to be taken on it.
Article 7 1.
The applicant shall be informed in writing within a month by the relevant departments of the General Secretariat either that his application has been approved or that the intention is to reject it. In the latter case, the applicant shall also be informed of the reasons for this intention and that he has one month to make a confirmatory application for that position to be reconsidered, failing which he will be deemed to have withdrawn his original application.
2.
Failure to reply to an application within a month of submission shall be equivalent to a refusal, except where the applicant makes a confirmatory application, as referred to above, within the following month.
3.
Any decision to reject a confirmatory application, which shall be taken within a month of submission of such an application, shall state the grounds on which it is based. The applicant shall be notified of the decision in writing as soon as possible and at the same time informed of the content of Articles 138e and 173 of the Treaty establishing the European Community, relating respectively to the conditions for referral to the Ombudsman by natural persons and review by the Court of Justice of the legality of Council acts.
4.
Failure to reply within a month of submission of the confirmatory application shall be equivalent to a refusal.
5.
Exceptionally, the Secretary-General, having notified the applicant in advance, may extend by one month the time limits laid down in the first sentence of paragraph 1 and in paragraph 3.
Article 8 This Decision shall apply with due regard for provisions governing the protection of classified information.
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Article 9 In 1996, and every two years thereafter, the Secretary-General shall submit a report on the implementation of this Decision.
Article 10 This Decision shall take effect on the date of its publication in the Official Journal of the European Communities. Done at Brussels, 2 December 1996.
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The European Parliament I)
E U R O P E A N PA R L I A M E N T P R E S I D E N T A N D V I C E P R E S I D E N T S E L E C T E D J U LY 1 9 9 9 T O S E R V E U N T I L D E C E M B E R 2 0 0 1
II)
THE POLITICAL GROUPS
III)
B R I T I S H M E P s A N D H O W T O C O N TA C T T H E M
IV)
B R I T I S H M E M B E R S O F S TA N D I N G PA R L I A M E N TA RY COMMITTEES
V)
P O W E R S A N D R E S P O N S I B I L I T I E S O F S TA N D I N G C O M M I T T E E S
VI)
C O M M I T T E E C O - O R D I N AT O R S O F T H E PRINCIPLE POLITICAL GROUPS
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Annex 7: The European Parliament
i) European Parliament President and Vice Presidents elected July 1999 to serve until December 2001 President:
Nicole FONTAINE (France, EPP)
Vice Presidents:
David MARTIN (UK, PES) Renzo IMBENI (Italy, PES) Gerhard SCHMID (Germany, PES) James PROVAN (UK, EPP) Ingo FRIEDRICH (Germany, EPP) Marie-Noëlle LIENEMANN (France, PES) Guido PODESTA (Italy, EPP) Alejo VIDAL-QUADRAS ROCA (Spain, EPP) Joan COLOM I NAVAL (Spain, PES) José PACHECO PEREIRA (Portugal, EPP) Luis MARINHO (Portugal, PES) Jan WIEBENGA (Netherlands, ELDR) Alonso PUERTA (Spain, EUL/NGL) Gérard ONESTA (France, VERTS/ALE)
Secretary-General:
Julian PRIESTLEY
All members of the European Parliament can be contacted through the European Parliament in Brussels: Rue Wiertz B-1047 Brussels Tel: 00 32 2 284 21 11 (from outside Belgium) Tel: 02 284 21 11 (from in Belgium, outside Brussels) or by e-mail: @europarl.eu.int
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ii) The Political Groups I.
Group of the European People’s Party Christian Democrats and European Democrats (EPP/ED)
Chairman:
Hans Gert PÖTTERING (D)
Vice Chairmen:
Carmen FRAGA (ES) James ELLES (UK) Françoise GROSSETÊTE (FR) Ilkka SUOMINEN (SF) Wim van VELZEN (NL)
Treasurer:
II.
Othmar KARAS (A)
Parliamentary Group of the Party of European Socialists (PES)
Chairman:
Enrique BARON CRESPO (ES)
Vice Chairmen:
Klaus HÄNSCH (D) Alan DONNELLY (UK) Pervenche BERES (FR) Pasqualina NAPOLETANO (I) Antonio José SEGURO (P) Giorgos KATIFORIS (GR) Hannes SWOBODA (A) Max VAN DEN BERG (NL) Pierre SCHORI (SW) Claude DESAMA (B) Riitta MYLLER (SF) Robert GOEBBELS (L) Proinsias DE ROSSA (IRL) Raimon OBIOLS (ES)
Treasurer:
Torben LUND (DK)
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III. Group of the European Liberal, Democratic and Reformist Party (ELDR) Chairman:
Patrick COX (IRL)
Vice Chairmen:
Bertel HAARDER (DK) Paolo COSTA (I) Paavo VÄYRYNEN (SF) Dirk STERCKX (B) Jan WIEBENGA (NL) Daniel DUCARME (B) Graham WATSON (UK)
IV.
Group of the Greens/European Free Alliance (VERTS/ALE)
Joint Chairmen:
Heidi HAUTALA (SF) Paul LANNOYE (B)
Vice Chairmen:
Nelly MAES (B) Danielle AUROI (FR) Jan Joost LANGENDIJK (NL) Heide RÜHLE (D)
V.
Confederal Group of the European United Left/Nordic Green Left (EUL/NGL)
Chairman:
Francis WURTZ (FR)
Vice Chairmen:
Pernille FRAHM (DK) Sylvia-Yvonne KAUFMANN (D)
Treasurer:
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Helmut MARKOV (D)
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Union for a Europe of Nations Group (UEN)
Chairman:
Charles PASQUA (FR)
Vice Chairmen:
Gerard COLLINS (IRL) Paulo PORTAS (P) Mogens CAMRE (DK) Philippe de VILLIERS (FR)
Joint Treasurers:
Pat the Cope GALLAGHER (IRL) Isabelle CAULLERY (FR)
VII. Group for a Europe of Democracies and Diversities (EDD) Joint Chairmen:
Jens Peter BONDE (DK) Jeans SAINT-JOSSE (FR) Johanes BLOKLAND (NL)
Vice Chairmen:
Véronique MATHIEU (FR) Nigel FARAGE (UK) Ole KRARUP (DK)
iii) British MEPs and how to contact them Eastern region 1.
Robert Sturdy MEP (Conservative) 153 St Neots Road Hardwick Cambridge CB3 7QJ Tel: 01954 211790 Fax: 01954 211786 E-mail:
[email protected] 2.
Eryl McNally MEP (Labour) Labour Resource Centre 112 Newport Road New Bradwell Milton Keynes MK13 OAA Tel: 01908 314114 Fax: 01908 311713
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3.
Christopher Beazley MEP (Conservative) c/o Hertford & Stortford Conservative Association 4a Swains Mill Crane Mead, Ware Hertfordshire SGI2 9PY Tel: 01920 462182 Fax: 01920 485805
4.
Bashir Khanbhai MEP (Conservative) PO Box 69 Sevenoaks Kent TN13 1PE Tel: 01732 454020 Fax: 01732 469237 E-Mail:
[email protected] 5.
Richard Howitt MEP (Labour) 57 Peninsula Cottage Staitheway Road Wroxham Norfolk NR12 8RN Tel/Fax: 01603 781480
6.
Andrew Duff MEP (Liberal Democrat) Orwell House Cowley Road Cambridge CB4 OPP Tel: 01223 566700 Fax: 01223 566698 E-mail:
[email protected] 7.
Geoffrey Van Orden MEP (Conservative) European Parliament 47-53 rue Wiertz B-1047 Brussels, Belgium Tel: 00 322 284 5332 Fax: 00 322 284 9332
8.
Jeffrey Titford MEP (UK Independence Party) Suites 1 & 2, Rochester House 145 New London Road Chelmsford, Essex Tel: 01245 266466 or 251651 Fax: 01245 252071
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East Midlands 1.
Roger Helmer MEP (Conservative) Blaby Conservative Association 35 Lutterworth Road Blaby, Leicester LE8 4DW Tel: 0116 277 9992 Fax: 0116 278 6664
2.
Mel Read MEP (Labour) The Marlene Reid Centre 85 Belvoir Road Coalville, Leicester LE67 3PH Tel: 01530 830780 Fax: 01530 830781
3.
Bill Newton Dunn MEP (Conservative) 10 Church Lane Navenby, Lincoln LN5 OEG Tel: 01522 810812/01522 720098 Fax: 0207 602 6187 E-mail:
[email protected] 4.
Phillip Whitehead MEP (Labour) 53 High Street Burton-on-Trent Staffordshire DE14 1JS Tel: 01283 569779 Fax: 01283 569785
5.
Christopher Heaton-Harris MEP (Conservative) c/o Leicester Conservative Federation 36 Millstone Lane Leicester LE1 5JN Tel: 0116 262 8686 Fax: 0116 262 8877 E-mail:
[email protected] 6.
Nicholas Clegg MEP (Liberal Democrat) 52 Kirklington Road Southwell Nottinghamshire NG25 OAX Tel: 0115 840 2500 Fax: 0115 840 2501 E-mail:
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London
120
1.
Pauline Green MEP (Labour) Labour European Office 16 Charles Square London N1 6HP Tel: 0207 490 4904 Fax: 0207 490 2143
2.
Theresa Villiers MEP (Conservative) c/o Conservative Central Office 32 Smith Square London SW1P 3HH Tel: 0207 984 8234/8227 Fax: 0207 222 1135 E-mail:
[email protected] 3.
Claude Moraes MEP (Labour) Labour European Office 16 Charles Square London N1 6HP Tel: 0207 490 4904 Fax: 0207 490 2143
4.
Cllr Dr Charles Tannock MEP (Conservative) c/o Conservative Central Office 32 Smith Square London SW1P 3HH Tel: 0207 984 8235/8231 Fax: 0207 222 1135 E-mail:
[email protected] 5.
Robert Evans MEP (Labour) Labour European Office 16 Charles Square London N1 6HP Tel: 0207 490 4904 Fax: 0207 490 2143 E-mail:
[email protected] ANNEX
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6.
Baroness Sarah Ludford MEP (Liberal Democrat) European Parliament UK Office c/o Liberal Democrats 2 Queen Anne’s Gate London SW1H 9AA Tel: 0207 799 3429 E-mail:
[email protected] 7.
Lord Bethell MEP (Conservative) Manor Farm House Brill, Bucks HP18 9SL Tel: 01844 238446 Fax: 01844 237821 E-mail:
[email protected] 8.
Richard Balfe MEP (Labour) Labour European Office 16 Charles Square London N1 6HP Tel: 0207 490 4904 Fax: 0207 490 2143
9.
John Bowis OBE, MEP (Conservative) PO Box 262 New Malden KT3 4WJ Tel: 0208 949 2555 Fax: 0208 395 7463 E-mail:
[email protected] THE
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PARLIAMENT
10. Jean Lambert MEP (Green) 3 Howard Road London E17 4SH Tel/Fax: 0208 520 0676
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North East
122
1.
Alan Donnelly MEP (Labour) 1 South View Jarrow Tyne & Wear NE32 5JP Tel: 0191 489 7643 Fax: 0191 489 0643
2.
Martin Callanan MEP (Conservative) 22 Osborne Road Jesmond Newcastle-upon-Tyne NE2 2AD Tel: 0191 240 2600 Fax: 0191 240 2612 E-mail:
[email protected] 3.
Stephen Hughes MEP (Labour) Room 1/76 County Hall Durham DH1 5UR Tel: 0191 384 9371 Fax: 0191 384 6100
4.
Mo O’Toole MEP (Labour) 52 St George’s Terrace Jesmond Newcastle NE2 2FY Tel: 0191 281 8247 Mobile: 0966 528867
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North West 1.
Lord Inglewood MEP (Conservative) c/o North West Regional Office 9 Montford Enterprise Centre Wynford Square Salford M5 2SN Tel: 0161 745 7880 Fax: 0161 737 1980
2.
Arlene McCarthy MEP (Labour) Talbot House Talbot Road Glossop Derbyshire SK13 7DP Tel: 01457 857300 Fax: 01457 867339
3.
Rt. Hon. Sir Robert Atkins MEP (Conservative) c/o North West Regional Office 9 Montford Enterprise Centre Wynford Square, Salford M5 2SN Tel: 0161 745 7880 Fax: 0161 737 1980 E-mail:
[email protected] 4.
Gary Titley MEP (Labour) Euro Office 16 Spring Lane Radcliffe Manchester M26 9TQ Tel: 0161 724 4008 Fax: 0161 724 4009
5.
David Sumberg MEP (Conservative) c/o North West Regional Office 9 Montford Enterprise Centre Wynford Square, Salford M5 2SN Tel: 0161 745 7880 Fax: 0161 737 1980 E-mail:
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6.
Chris Davies MEP (Liberal Democrat) 87A Castle Street Edgeley Stockport SK3 9AR Tel: 0161 477 7070 Fax: 0161 477 7007 E-mail:
[email protected] 7.
Terry Wynn MEP (Labour) Lakeside Alexandra Park Prescot Road St Helens WA10 3TT Tel: 01744 451609 Fax: 01744 29832 E-mail:
[email protected] 8.
Densmore Dover MEP (Conservative) c/o North West Regional Office 9 Montford Enterprise Centre Wynford Square Salford M5 2SN Tel: 0161 745 7880 Fax: 0161 737 1980
9.
Brian Simpson MEP (Labour) Gilbert Wakefield House 67 Bewsey Street Warrington WA2 7JQ Tel: 01925 654074 Fax: 01925 240799
10. Jacqui Foster MEP (Conservative) European Parliament 47-53 rue Wiertz B-1047 Brussels, Belgium Tel: 00 322 284 5957 Fax: 00 322 284 9957
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South East 1.
James Provan MEP (Conservative) Middle Lodge Barns Green, Nr Horsham West Sussex RH13 7NL Tel: 01403 733700 Fax: 01403 733588 E-mail:
[email protected] 2.
Roy Perry MEP (Conservative) Tarrants Farmhouse Maurys Lane West Wellow Romsey Hampshire S051 6DA Tel: 01794 322472 Fax: 01794 323498 E-mail:
[email protected] 3.
Peter Skinner MEP (Labour) 99 Kent Road Dartford Kent DA1 2AJ Tel: 01322 281500 Fax: 01322 281553
4.
Baroness Emma Nicholson MEP (Liberal Democrat) 4 Maunsel Street London SW1P 2QL Tel: 0207 828 4991 Fax: 0207 828 4992
5.
Daniel Hannan MEP (Conservative) Conservative Central Office 32 Smith Square London SW1P 3HH Tel: 0207 984 8238 Fax: 0207 984 8207 E-mail:
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6.
James Elles MEP (Conservative) European Parliament 47-53 rue Wiertz B-1047 Brussels, Belgium Tel: 00 322 284 5951 Fax: 00 322 284 9951 E-mail:
[email protected] 7.
Mark Watts MEP (Labour) Euro Office 29 Park Road Sittingbourne Kent ME10 1DR Tel: 01795 477880 Fax: 01795 437224
8.
Nigel Farage MEP (UK Independence Party) 74 Holmethorpe Avenue Redhill, Surrey RH1 2NL Tel: 01737 780222 Fax: 01737 768590
9.
Nirj Deva MEP (Conservative) 169B Kennington Road London SE11 6SF Tel: 0207 642 8880 Fax: 0207 642 8879 E-mail:
[email protected] 10. Chris Huhne MEP (Liberal Democrat) 8 Crescent Grove London SW4 7AH Tel: 0207 498 2618 Fax: 0207 498 5242 E-mail:
[email protected] 11. Caroline Lucas MEP (Green) The Old Boot Inn Boot Street Stonesfield Oxfordshire OX8 8PX Tel/Fax: 01993 891741 E-mail:
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South West 1.
Dr Caroline Jackson MEP (Conservative) 14 Bath Road Swindon Wiltshire SN1 4BA Tel: 01793 422663 Fax: 01793 422664 E-mail:
[email protected] 2.
Giles Chichester MEP (Conservative) 48 Queen Street Exeter EX4 3SR Tel: 01392 491815 Fax: 01392 491588 E-mail:
[email protected] 3.
Glyn Ford MEP (Labour) European Parliament rue Wiertz 1047 Brussels Belgium Tel: 00 322 284 5518 Fax: 00 322 284 9518
4.
Graham Watson MEP (Liberal Democrat) 10 Belvedere Road Taunton Somerset TA1 1BW Tel: 01823 333441 Fax: 01823 333272 E-mail:
[email protected] 5.
The Earl of Stockton MEP (Conservative) Glenthorne House 131 Coronation Road Bristol BS3 1RE Tel: 01179 639672 Fax: 01179 537621 E-mail:
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6.
Michael Holmes MEP (UK Independence Party) UK Independence Party South West Regional Office PO Box 1714 Salisbury SP1 2UQ Tel: 01722 411313 Fax: 01722 413025
7.
Neil Parish MEP (Conservative) 16 Northgate Bridgwater Somerset TA6 3EU Tel: 01278 423110 Fax: 01278 431034
West Midlands
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1.
John Corrie MEP (Conservative) 98 High Street Evesham Worcestershire WR11 4HE Tel: 01386 442469 Fax: 01557 820211 E-mail:
[email protected] 2.
Simon Murphy MEP (Labour) Room 2/3 Gresham Chambers 14 Lichfield Street Wolverhampton WV1 1DP Tel: 01902 83 17 77 Fax: 01902 83 18 88
3.
Philip Bushill-Matthews MEP (Conservative) The Manor House Harbury Leamington Spa Warwickshire CV33 9HZ Tel: 01926 612476 Fax: 01926 613168 E-mail:
[email protected] ANNEX
4.
Michael Cashman MEP (Labour) West Midlands Labour Party 67 Birmingham Road West Bromwich West Midlands B70 6PN Tel: 0121 553 6642 Fax: 0121 553 6603
6.
Malcolm Harbour MEP (Conservative) Manor Cottage Manor Road Solihull West Midlands B91 2BL Tel: 0121 711 3158 Fax: 0121 711 3159 E-mail:
[email protected] 6.
Liz Lynne MEP (Liberal Democrat) 55 Ely Street Stratford upon Avon Warwickshire CV37 6LN Tel: 01789 266 354 Fax: 01789 268 848
7.
Philip Bradbourn OBE, MEP (Conservative) 10 Greenfield Crescent Edgbaston Birmingham B15 3AU Tel: 0845 606 0239 Fax: 0121 456 5989
8.
Neena Gill MEP (Labour) West Midlands Labour Party 67 Birmingham Road West Bromwich West Midlands B70 6PN Tel: 0121 553 6642 Fax: 0121 553 6603
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Yorkshire and The Humber
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Edward McMillan-Scott MEP (Conservative) Conservatives in the European Parliament 32 Smith Square London SW1P 3HH Tel: 0207 222 1720/ 01386 552366 Fax: 0207 222 2501/01386 556038
2.
Linda McAvan MEP (Labour) 79 High Street Wath-upon-Deame S63 7QB Tel: 01709 87 56 65 Fax: 01709 87 42 07
3.
Timothy Kirkhope MEP (Conservative) 7 Dewar Close Collingham Wetherby West Yorkshire LS22 5JR Tel: 01937 574649 Fax: 01937 574651 E-mail:
[email protected] 4.
David Bowe MEP (Labour) 10 Harris Street Middlesbrough Cleveland TSI 5EF Tel: 01642 24 77 22 Fax: 01642 24 78 04
5.
Diana Wallis MEP (Liberal Democrat) 1 Stratton Park Swanland East Riding Yorkshire HU14 3NN Tel/Fax: 01482 634307
6.
Robert Goodwill MEP (Conservative) Southwood Farm Terrington York Y06 4QB Tel: 01653 648459 Fax: 01653 648225 E-mail:
[email protected] ANNEX
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Richard Corbett MEP (Labour) Threlfall Building Trueman Street Liverpool L2 2EX Tel: 0151 236 1332 Fax: 0151 236 3151
Scotland 1.
David Martin MEP (Labour) PO Box 27030 Edinburgh EH10 7YP Tel: 0131 654 1606 Fax: 0l3l 654 1607
2.
Ian Hudghton MEP (Scottish National Party) 70 Rosemount Place Aberdeen AB2 4XJ Tel: 01224 623150 Fax: 01224 623160 E-mail:
[email protected] 3.
Struan Stevenson MEP (Conservative & Unionist Party) Conservative & Unionist Office 14 Links Place Edinburgh EH6 6EZ Tel: 0131 555 2900 Fax: 0131 555 2869
4.
Bill Miller MEP (Labour) 9 Chisholm Street Glasgow G1 5HA Tel: 0141 552 2234 Fax: 0141 552 0297
5.
Professor Neil MacCormick MEP (Scottish National Party) Scottish National Party 6 North Charlotte Street Edinburgh EH2 4JH Tel: 0131 225 3497 E-mail:
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6.
John Purvis MEP (Conservative & Unionist Party) Conservative & Unionist Central Office 14 Links Place Edinburgh EH6 6EZ Tel: 0131 555 2900 Fax: 0131 555 2869 E-mail:
[email protected] 7.
Elspeth Attwooll MEP (Liberal Democrat) Scottish Liberal Democrats 4 Clifton Terrace Edinburgh EH12 5DR Tel: 0131 337 2314 E-mail:
[email protected] 8.
Catherine Taylor MEP (Labour) 5a Alexandra PIace St Andrews Fife KY16 9XD Tel: 01334 477753 Fax: 01334 473677
Wales
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Glenys Kinnock MEP (Labour) 1 Bridge View Cwmfelinfach, Newport Gwent NP1 7HG Tel: 01495 20 12 01 Fax: 01495 20 10 30
2.
Jill Evans MEP (Plaid Cymru) 202 Tyntyla Road Ystrad Rhondda CF41 7SE Tel: 01443 43232
3.
Jonathan Evans MEP (Conservative) 4 Penlline Road Whitchurch Cardiff CF4 2XS Tel: 02920 616031 Fax: 02920 610544 E-mail:
[email protected] ANNEX
4.
Eluned Morgan MEP (Labour) 2 Queen Street Carmarthen Dyfed SA31 1JR Tel: 01222 618 337 Fax: 01222 618 226
5.
Eurig Wyn MEP (Plaid Cymru) Y Freni Waunfawr Caernarfon Gwynedd LL55 4YY Tel: 01286 650512
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Northern Ireland 1.
Rev. Ian Paisley MP MEP (Democratic Unionist Party) 256 Ravenhill Road Belfast BT6 8GF Tel: 01232 45 42 55 Fax: 01232 45 77 83
2.
John Hume MP MEP (Social Democratic & Labour Party) 5 Bayview Terrace Derry BT48 7EE Tel: 01504 26 53 40 Fax: 01504 36 34 23
3.
James Nicholson MEP (Ulster Unionist Party) European Office Glengall Street Belfast BT12 5AE Tel: 01232 43 94 31 Fax: 01232 24 67 38
British MEPs all have offices in Brussels. The contact address there is: European Parliament, 47-53 Rue Wiertz, B-1047 Brussels. Tel : 00 322 284 2111 or by e-mail: @europarl.eu.int.
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iv) British Members of Standing Parliamentary Committees Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy NEWTON DUNN, William Francis, Vice-Chairman NICHOLSON OF WINTERBOURNE, Baroness, Vice-Chairman BETHELL, The Lord, Member TITLEY, Gary, Member VAN ORDEN, Geoffrey, Member ATKINS, Sir Robert, Substitute CASHMAN, Michael, Substitute DUFF, Andrew Nicholas, Substitute ELLES, James E.M., Substitute GREEN, Pauline, Substitute KINNOCK, Glenys, Substitute LUDFORD, Baroness Sarah, Substitute McMILLAN-SCOTT, Edward H.C., Substitute SUMBERG, David, Substitute
Committee on Budgets WYNN, Terence, Chairman DOVER, Den, Member ELLES, James E.M., Member GILL, Neena, Member McMILLAN-SCOTT, Edward H.C., Member MARTIN, David W., Member TITFORD, Jeffrey William, Member CORRIE, John Alexander, Substitute
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HANNAN, Daniel J., Substitute HEATON-HARRIS, Christopher, Substitute HUGHES, Stephen, Substitute MORGAN, Eluned, Substitute NICHOLSON OF WINTERBOURNE, Baroness, Substitute
Budgetary Control HOLMES, Michael John, Member KHANBHAI, Bashir, Member MORGAN, Eluned, Member ELLES, James E.M., Substitute
Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs WATSON, Graham R., Chairman EVANS, Robert J.E., Vice-Chairman CASHMAN, Michael, Member HANNAN, Daniel J., Member KIRKHOPE, Timothy, Member LUDFORD, Baroness Sarah, Member BALFE, Richard A., Substitute FORD, Glyn, Substitute HOLMES, Michael John, Substitute LAMBERT, Jean, Substitute NEWTON DUNN, William Francis, Substitute
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Committee on Economic and Monetary Affairs BALFE, Richard A., Member DONNELLY, Alan John, Member EVANS, Jonathan, Member FARAGE, Nigel Paul, Member GREEN, Pauline, Member HUHNE, Christopher, Member TANNOCK, Charles, Member VILLIERS, Theresa, Member CALLANAN, Martin, Substitute CLEGG, Nicholas, Substitute CORBETT, Richard Graham, Substitute HUDGHTON, Ian Stewart, Substitute MURPHY, Simon Francis, Substitute PURVIS, John, Substitute
Committee on Legal Affairs and the Internal Market HARBOUR, Malcolm, Member INGLEWOOD, The Lord, Member MacCORMICK, Neil, Member MILLER, Bill, Member MORAES, Claude, Member WALLIS, Diana, Member READ, Imelda Mary, Substitute VILLIERS, Theresa, Substitute
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Committee on Industry, External Trade, Research and Energy CHICHESTER, Giles Bryan, Member CLEGG, Nicholas, Member FORD, Glyn, Member HARBOUR, Malcolm, Member LUCAS, Caroline, Member McAVAN, Linda, Member McNALLY, Eryl Margaret, Member MURPHY, Simon Francis, Member PURVIS, John, Member READ, Imelda Mary, Member BEAZLEY, Christopher J. P., Substitute BOWE, David Robert, Substitute EVANS, Jonathan, Substitute FOSTER, Jacqueline, Substitute GILL, Neena, Substitute KHANBHAI, Bashir, Substitute MILLER, Bill, Substitute O’TOOLE, Barbara, Substitute PAISLEY, Ian R.K., Substitute
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Committee on Employment and Social Affairs BUSHILL-MATTHEWS, Philip Rodway, Member EVANS, Jillian, Member FOSTER, Jacqui, Member HUDGHTON, Ian Stewart, Member HUGHES, Stephen, Member LAMBERT, Jean, Member LYNNE, Elizabeth, Member SKINNER, Peter William, Member DOVER, Den, Substitute HELMER, Roger, Substitute HOWITT, Richard , Substitute McCARTHY, Arlene, Substitute MORAES, Claude, Substitute PARISH, Neil, Substitute VAN ORDEN, Geoffrey, Substitute WATTS, Mark Francis, Substitute
Committee on the Environment, Public Health and Consumer Policy JACKSON, Caroline F., Chairman BOWE, David Robert, Member BOWIS, John, Member DAVIES, Chris, Member GOODWILL, Robert, Member HELMER, Roger, Member WHITEHEAD, Phillip, Member ATTWOOLL, Elspeth, Substitute
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BUSHILL-MATTHEWS, Philip Rodway, Substitute DEVA, Nirj, Substitute EVANS, Jillian, Substitute McNALLY, Eryl Margaret, Substitute STURDY, Robert William, Substitute TANNOCK, Charles, Substitute TAYLOR, Catherine, Substitute
Committee on Agriculture and Rural Development PARISH, Neil, Member STEVENSON, Struan, Member STURDY, Robert William, Member GOODWILL, Robert, Substitute HUME, John, Substitute NICHOLSON, James, Substitute SIMPSON, Brian, Substitute TITFORD, Jeffrey William, Substitute WYN, Eurig, Substitute
Committee on Fisheries ATTWOOLL, Elspeth, Member FARAGE, Nigel Paul, Member FORD, Glyn, Member HUDGHTON, Ian Stewart, Member NICHOLSON, James, Member STEVENSON, Struan, Substitute TAYLOR, Catherine, Substitute
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Committee on Regional Policy, Transport and Tourism ATKINS, Sir Robert, Member ATTWOOLL, Elspeth, Member CALLANAN, Martin, Member HUME, John, Member McCARTHY, Arlene, Member SIMPSON, Brian, Member STOCKTON, The Earl of, Member WATTS, Mark Francis, Member BRADBOURN, Philip Charles, Substitute CHICHESTER, Giles Bryan, Substitute DAVIES, Chris, Substitute DONNELLY, Alan John, Substitute FOSTER, Jacqueline, Substitute LUCAS, Caroline, Substitute McAVAN, Linda, Substitute MARTIN, David W., Substitute PROVAN, James L.C., Substitute TITFORD, Jeffrey William, Substitute WALLIS, Diana, Substitute WATSON, Graham R., Substitute
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Committee on Culture, Youth, Education, the Media and Sport HEATON-HARRIS, Christopher, Member O’TOOLE, Barbara, Member PERRY, Roy, Member TAYLOR, Catherine, Member WYN, Eurig, Member EVANS, Robert J.E., Substitute KIRKHOPE, Timothy, Substitute LYNNE, Elizabeth, Substitute SKINNER, Peter William, Substitute STOCKTON, The Earl of, Substitute
Committee on Development and Co-operation CORRIE, John Alexander, Member DEVA, Nirj, Member HOWITT, Richard , Member KHANBHAI, Bashir, Member KINNOCK, Glenys, Member PAISLEY, Ian R.K., Member BOWIS, John, Substitute HUHNE, Christopher, Substitute STEVENSON, Struan, Substitute TITLEY, Gary, Substitute WHITEHEAD, Phillip, Substitute
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Committee on Constitutional Affairs BEAZLEY, Christopher J.P., Vice-Chairman BRADBOURN, Philip Charles, Member CORBETT, Richard Graham, Member DUFF, Andrew Nicholas, Member INGLEWOOD, The Lord, Substitute MacCORMICK, Neil, Substitute
Committee on Women’s Rights and Equal Opportunities EVANS, Jillian, Vice-Chairman FOSTER, Jacqui, Member VILLIERS, Theresa, Member JACKSON, Caroline F., Substitute McNALLY, Eryl Margaret, Substitute
Committee on Petitions PERRY, Roy, Vice-Chairman LAMBERT, Jean, Member NEWTON DUNN, William Francis, Member WATTS, Mark Francis, Member WYN, Eurig, Member DAVIES, Chris, Substitute
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v) Powers and responsibilities of standing committees 1.
Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy
This committee is responsible for matters relating to: 1.
the common foreign and security policy of the European Union, including the task of formulating a common defence and disarmament policy (Article 11 of the EU Treaty);
2.
relations with the other institutions in the foreign policy sphere, and in particular with the High Representative for the common foreign and security policy;
3.
political aspects of relations with third countries and international organisations with regard to the implementation of the Union’s foreign and security policy;
4.
determination of the foreign policy position with regard to the allocation of the major technical assistance and financial support programmes to third countries, in co-operation with the Committee on Budgets, the Committee on Budgetary Control, the Committee on Development and Co-operation and the Committee on Industry, External Trade, Research and Energy;
5.
opening, monitoring and concluding negotiations concerning the accession of European States to the Union (Article 49 of the EU Treaty) without prejudice to the powers of the specialist committees;
6.
opening, monitoring and concluding negotiations concerning association and partnership agreements (Article 310 of the EC Treaty) and other international agreements of a mainly political nature;
7.
issues concerning human rights and democratisation in third countries including relations with international human rights organisations;
8.
relations with the WEU (Article 17 of the EU Treaty);
9.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
This committee will co-ordinate the work of the inter-parliamentary delegations, the joint parliamentary committees, the co-operation committees and the ad hoc delegations, including those sent to monitor elections, both in preparing for and discussing the outcome of their meetings. The inter-parliamentary delegations will consult with the committee responsible on economic and trade matters.
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Committee on Budgets
This committee is responsible for matters relating to: 1.
the definition and exercise of Parliament’s budgetary powers (Articles 268 to 273 of the EC Treaty) and the rules thereof dealing with establishment of the budget;
2.
the budgets of the European Union including the ECSC budget and budgetisation of the European Development Fund;
3.
the multi-annual estimates of the Union’s revenue and expenditure and the inter-institutional agreements concluded on these matters and the implementation of budgetary conciliation;
4.
financial resources of the Union;
5.
the financial activities of the EIB and the other financial and budgetary instruments of the European Communities and of the Member States (Articles 266 and 267 of the EC Treaty);
6.
financial implications of Community acts, without prejudice to the powers of the specialist committees;
7.
problems relating to administrative and accounting management and the staff of the European Union, in so far as they do not have substantial implications for the legal status of officials;
8.
transfers of appropriations;
9.
Parliament’s budget, administration and accounts (Rule 183);
10. the Financial Regulation, with the exception of matters relating to the implementation, management and control of budgets (Article 279 of the EC Treaty). As regards problems relating to Parliament’s budget, the Bureau and the Committee on Budgets will take decisions in successive stages on: a)
the establishment plan;
b)
the preliminary draft and the draft estimates.
The decisions concerning the establishment plan will be taken according to the following procedure:
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1.
the Bureau shall draw up the establishment plan for each financial year;
2.
a conciliation procedure between the Bureau and the Committee on Budgets shall be opened in cases where the opinion of the latter diverges from the initial decisions taken by the Bureau;
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at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment plan, in accordance with Rule 182(3), without prejudice to decisions taken pursuant to Article 272 of the EC Treaty.
As regards the estimates proper, the procedure for drawing up the estimates will begin as soon as the Bureau has taken a final decision on the establishment plan. The stages of this procedure will be those laid down in Rule 183, viz.: 1.
the Bureau shall draw up the preliminary draft estimates of revenue and expenditure (paragraph 1);
2.
the Committee on Budgets shall draw up the draft estimates of revenue and expenditure (paragraph 2);
3.
a conciliation procedure shall be opened in cases where the positions of the Committee on Budgets and the Bureau are widely divergent.
In exercising its powers the Committee on Budgets will co-operate closely with the Committee on Budgetary Control.
3.
Committee on Budgetary Control
This committee is responsible for matters relating to: 1.
the control of financial, budgetary and administrative implementing measures relating to the general budget of the European Union (including the EDF);
2.
the control of the financial and administrative activities of the ECSC and the financial activities of the EIB carried out on the basis of instructions from the Commission;
3.
the Financial Regulation in connection with matters relating to the implementation, management and control of budgets (Article 279 of the EC Treaty);
4.
the decisions on discharge taken by Parliament and measures accompanying or implementing such decisions (Article 276 of the EC Treaty);
5.
accounts and balance sheets relating to decisions concerning the closure, presenting and auditing of Parliament’s revenue and expenditure as well as measures accompanying or implementing these decisions, in particular as part of the internal discharge procedure;
6.
the closure, presenting and auditing of the accounts and balance sheets of the European Communities, their institutions and any bodies financed by them, including the establishment of appropriations to be carried over and the settling of balances;
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7.
the monitoring accompanying the implementation of current budgets on the basis of periodic reports provided by the Commission and measures taken for such implementation with the specialist committees or alternatively without prejudice to the powers of the specialist committee under these Rules;
8.
the assessment of the effectiveness of the various forms of Community financing, the co-ordination of the various financial instruments and the assessment of the cost-benefit ratio in the implementation of the policies financed by the European Union;
9.
consideration of the credit terms, financing mechanisms and the administrative structures designed to implement them, by examining cases of fraud and irregularities;
10. sets of rules or parts thereof dealing with the implementation of budgets; 11. the organisation of checks, the prevention, prosecution and punishment of fraud and irregularities affecting the budget of the European Union and concerning the protection of the Community’s financial interests in general (Article 280 of the EC Treaty); 12. consideration of reports and opinions of the Court of Auditors (Article 248 of the EC Treaty); 13. relations with the Court of Auditors and the appointment of its members, without prejudice to the powers of the President of Parliament (Article 247 of the EC Treaty). This committee will examine confidential documents concerning areas within its remit, having full regard for the provisions of Annex VII.
4.
Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs
This committee is responsible for matters relating to:
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1.
citizens’ rights, human rights and fundamental freedoms in the European Union;
2.
the measures needed to combat all forms of discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 13 of the EC Treaty) other than those mentioned in VlII;
3.
the protection of physical persons with regard to the processing of personal data and the free movement of such data (EC Treaty, in particular Article 286 thereof and Title VI of the EU Treaty);
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matters relating to the maintenance and development of an area of freedom, security and justice (Article 2, first paragraph, fourth indent, of the EU Treaty), in particular: a)
under the first pillar (Title IV of the EC Treaty), by means of measures concerning the entry and movement of persons (policies on immigration, asylum, visas, the crossing of borders and the right of residence) (Article 3(l)(d) of the EC Treaty);
b)
under the third pillar (Title VI of the EU Treaty), by means of measures to prevent racism and xenophobia and combat crime, in particular terrorism, trafficking in persons and offences against children, drug trafficking, arms trafficking, corruption and fraud, through:
closer co-operation among police forces, customs authorities and other competent authorities in the Member States, both directly and through the European Police Office (Europol), in accordance with Articles 30 and 32 of the EU Treaty, closer co-operation among judicial and other competent authorities in the Member States, in accordance with Article 31 (a) to (d) and Article 32 of the EU Treaty, the approximation of the rules on criminal matters in the Member States, in accordance with Article 31(e) (Article 29 of the EU Treaty);
5.
5.
the strengthened co-operation arrangements under the first and third pillars with a view to establishing an area of freedom, security and justice;
6.
the European Monitoring Centre for Drugs and Drug Addiction and the European Monitoring Centre on Racism and Xenophobia;
7.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
Committee on Economic and Monetary Affairs
This committee is responsible for matters relating to: 1.
the gradual establishment of Economic and Monetary Union;
2.
medium and long-term economic and monetary planning (Articles 98 to 100 of the EC Treaty);
3.
questions of monetary policy, balance of payments, capital movements and borrowing and lending policy (control of movements of capital originating in third countries, measures to encourage the export of the
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European Union’s capital; application of Articles 56 to 60 and 101 to 124 of the EC Treaty); 4.
relations with the European Central Bank;
5.
the world monetary system;
6.
application of the rules on competition, restrictive practices and monopolies (Articles 81 to 86 of the EC Treaty), without prejudice to the powers of the specialist committees;
7.
questions relating to public aid (Articles 87 to 89 of the EC Treaty), without prejudice to the powers of the specialist committees;
8.
tax harmonisation and the application of tax provisions relating to the free movement of goods, persons, services and capital in the internal market (Articles 90 to 93 of the EC Treaty);
9.
financial services (Article 51(2) of the EC Treaty) and aspects related to the prudential supervision and monitoring of such services;
10. the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
6.
Committee on Legal Affairs and the Internal Market
This committee is responsible for matters relating to: 1.
legal aspects of the creation, interpretation and application of Community law, including the choice of legal basis for Community acts and compliance with the principles of subsidiarity and proportionality;
2.
legal aspects of the creation, interpretation and application of international law, in so far as it affects the European Union;
3.
all matters relating to the simplification of Community law, in particular legislative proposals for its official codification;
4.
co-ordination at Community level of national legislation in the sphere of the internal market, in particular:
5.
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a)
the establishment and operation of the internal market (Articles 14 and 15 of the EC Treaty);
b)
the right of establishment and the freedom to provide services (Articles 43 to 55 of the EC Treaty), except for financial services;
c)
the Office for Harmonisation in the Internal Market;
intellectual property law;
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6.
civil liability law, contract law and procedural law, irrespective of the sector concerned;
7.
consumers’ legal protection;
8.
the Staff Regulations of the European Communities (Article 283 of the EC Treaty), with the exception of matters pertaining to remuneration, unless they have substantial implications for the legal status of staff;
9.
the protection of Parliament’s rights and prerogatives, including its involvement in actions before the Court of Justice and the Court of First Instance;
10. ethical questions related to new technologies, in strengthened co-operation with the relevant committee or committees; 11. verifying the credentials of newly elected Members and ruling on any dispute concerning the validity of the appointment of a Member; 12. privileges and immunities; 13. the Statute for Members; 14. the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
7.
Committee on Industry, External Trade, Research and Energy
This committee is responsible for matters relating to: 1.
Community industrial policy, including its application in specific sectors, such as telecommunications, the technological and economic aspects of the information society, the space industry, information technology and biotechnology, in particular; a)
the establishment and development of trans-European networks in the telecommunications infrastructure sector (Articles 154 to 156 of the EC Treaty);
b)
the application of new technologies in specific industrial and service sectors (standards, competition rules, freedom of movement and freedom to provide services and general problems relating to the Organisation of production sectors);
c)
Community technical standards (in conjunction with the European standardisation institutes);
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3.
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monitoring of the Union’s common commercial policy (Articles 131 to 134 of the EC Treaty), in particular: a)
international agreements governing economic and trade relations with third countries;
b)
the economic and trade aspects of the European Economic Area and relations with EFTA;
c)
matters concerning the OECD and regional economic and commercial integration organisations situated outside the Community and agreements signed in that context;
d)
all aspects concerning the WTO and other international economic organisations, particularly as regards trade in goods and services, investment, public contracts, competition and intellectual property;
e)
the common external tariff and dumping practices by third countries;
f)
economic co-operation, including the major programmes offering technical assistance and financial support to associated third countries (Phare, Tacis and Meda) and the economic aspects of the association and partnership agreements;
fundamental or pre-industrial research, the Community research and technological development framework programme and other specific programmes (Articles 163 to 173 of the EC Treaty), in particular: a)
research and technological development agreements with third parties and the application of such technological research and development;
b)
dissemination of research findings;
c)
the arrangements for the implementation of or participation in the framework research programme (Articles 168 to 171 of the EC Treaty);
4.
the activities of the JRC, the Central Office for Nuclear Measurements, JET, ITER and other projects in the same area;
5.
energy policy in general and in particular energy supplies, including coal and nuclear energy under the ECSC and EAEC Treaties, in particular: a)
the Energy Charter;
b)
the establishment and development of trans-European networks in the energy infrastructure sector (Articles 154 to 156 of the EC Treaty);
c)
nuclear safety;
d)
renewable energies;
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the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
The inter-parliamentary delegations and ad hoc delegations will consult with this committee on the economic and trade aspects of relations with third countries.
8.
Committee on Employment and Social Affairs
This committee is responsible for matters relating to: 1.
employment policy (Title VIII of the EC Treaty), including measures to combat unemployment, job creation and the Employment Committee;
2.
social policy (Articles 136 to 145 of the EC Treaty, with the exception of Article 141), in particular: a)
protection of living and working conditions, including the working environment, in order to protect the health and safety of workers;
b)
information and consultation of workers;
c)
collective protection of workers’ and employers’ interests;
d)
wages and pensions policy;
e)
social security and welfare protection;
f)
social exclusion and social cohesion;
g)
employment conditions for legal residents from third countries;
h)
housing policy and promotion of low-cost housing schemes;
3.
the social dimension and the labour market in the information society;
4.
the European Social Fund (Articles 146 to 148 of the EC Treaty);
5.
vocational training (Article 150 of the EC Treaty), and in particular: a)
implementation of a Community vocational training policy;
b)
harmonisation of professional qualifications;
6.
the free movement of workers (Articles 39 to 42 of the EC Treaty);
7.
social dialogue;
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the following bodies: •
the European Centre for the Development of Vocational Training (Cedefop)
•
the European Foundation for the Improvement of Living and Working Conditions
•
the European Training Foundation
•
the European Agency for Health and Safety at Work;
all forms of discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 13 of the EC Treaty), related to fundamental social rights and to the labour market;
10. the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
9.
Committee on the Environment, Public Health and Consumer Policy
This committee is responsible for matters relating to: 1.
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environmental policy and environmental protection measures (Article 174 of the EC Treaty), in particular: a)
air, soil and water pollution;
b)
climate change;
c)
classification, packaging, labelling, transport and use of dangerous substances and preparations;
d)
fixing permissible noise levels;
e)
treatment and storage of waste (including recycling);
f)
international and regional measures and agreements aimed at protecting the environment;
g)
protecting fauna and its habitat;
h)
provisions of the Law of the Sea regarding the environment;
i)
the European Environment Agency;
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public health (Article 152 of the EC Treaty), in particular: a)
programmes in the field of public health;
b)
labelling and safety of foodstuffs;
c)
veterinary legislation concerning protection against dangers to human health arising from bacteria and residues in animal products; public health checks on foodstuffs and food production systems;
d)
pharmaceutical products, including veterinary products;
e)
the European Agency for the Evaluation of Medicinal Products;
f)
medical research;
g)
cosmetic products;
consumer policy, in particular: a)
protection of consumers against risks to their health and safety;
b)
appropriate consultation and representation of consumers during the preparation of decisions which affect their interests, in particular their economic interests;
c)
improvement of consumer information and education;
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
10. Committee on Agriculture and Rural Development This committee is responsible for matters relating to: 1.
the operation and development of the common agricultural policy and forestry policy (Articles 32 to 38 and, where appropriate, 95 and 152 of the EC Treaty);
2.
rural development, including the activities of the EAGGF – Guidance Section;
3.
legislation on:
4.
•
veterinary and plant-health matters
•
animal feeding stuffs, provided that the agricultural aspect of these matters is predominant, by comparison with any risks to human health which may stem from them
•
animal husbandry and welfare;
supplies of agricultural raw materials;
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5.
the Community Office for Plant Varieties;
6.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
11. Committee on Fisheries This committee is responsible for matters relating to: 1.
the operation and development of the common fisheries policy and its management;
2.
conservation of fishery resources;
3.
common organisation of the market in fishery products;
4.
structural policy in the fisheries and aquaculture sectors, including the financial instruments for fisheries guidance (FIFG and PESCA);
5.
international fisheries agreements (concluded pursuant to Article 37 in conjunction with Article 300 of the EC Treaty);
6.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
12. Committee on Regional Policy, Transport and Tourism This committee is responsible for matters relating to: 1.
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Community regional policy understood as a structural policy designed to foster the convergence of economies, economic and social cohesion, the harmonious, balanced and sustainable development of the Union (Article 2 of the EC Treaty) and the lessening of socio-economic imbalances among the various areas of the Union, in particular: a)
the drawing up, implementation and evaluation of Community regional policy plans and projects concerning, in particular, the less-developed regions, areas undergoing socio-economic change in the industrial and service sectors and urban areas;
b)
the problems of the outermost regions and islands (Declaration No 30 of the Amsterdam Treaty);
c)
the impact of other Community policies on economic and social cohesion;
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d)
the European Regional Development Fund, the Cohesion Fund and the other instruments of Community regional policy;
e)
co-ordination of Community structural instruments;
f)
the use and results in the Member States of Community regional intervention measures and the co-ordination and impact of national regional aid schemes;
g)
trans-frontier and inter-regional co-operation;
h)
relations with the Committee of the Regions;
i)
relations with local and regional authorities and their involvement in the framing of regional policy;
a common transport policy (Articles 70 to 80 of the EC Treaty), incorporating rail, road and inland waterway transport and maritime and air transport, in particular: a)
the creation of a European transport network and in particular the establishment and development of trans-European networks in the transport infrastructure sector (Articles 154 to 156 of the EC Treaty);
b)
the drafting of common rules applicable to international transport;
c)
discrimination, harmonisation and co-ordination in the transport sphere;
d)
the European Union’s policy on ports and airports;
3.
tourism;
4.
the development of a European regional planning policy, including an urban policy;
5.
postal services;
6.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
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13. Committee on Culture, Youth, Education, the Media and Sport This committee is responsible for matters relating to:
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1.
the cultural aspects of the European Union, and in particular improving the knowledge and dissemination of culture, the conservation and safeguarding of cultural heritage, cultural exchanges and artistic creation (Article 151 of the EC Treaty);
2.
the European Union’s education policy (Article 149 of the EC Treaty), in particular: a)
the teaching and dissemination of the languages of the Member States;
b)
student and teacher mobility;
c)
fostering co-operation among educational establishments;
d)
the development of distance education and life-long learning;
e)
the development of the European University and promotion of the system of European schools;
3.
youth policy: exchanges of young people, with the exception of young workers, the European voluntary service and other measures designed to involve young people in the European integration process, such as the European Youth Forum;
4.
the audio-visual industry and the cultural and educational aspects of the information society;
5.
information and media policy and informing public opinion about the activities of the European Union;
6.
the development of a sports (Declaration No 29 of the Amsterdam Treaty) and leisure policy;
7.
co-operation in the areas of culture and education with third countries and the competent international organisations, in particular the Council of Europe;
8.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
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14. Committee on Development and Co-operation This committee is responsible for matters relating to: 1.
the promotion, application and monitoring of the development and cooperation policy of the European Union (Articles 177 to 181 of the EC Treaty), including: a)
political dialogue with developing countries;
b)
economic, trade and investment policy as regards developing countries, including the Generalised System of Preferences;
c)
humanitarian aid, emergency aid and food aid in developing countries;
d)
technical and financial co-operation with developing countries;
e)
other sectoral issues, such as health, education, industrial and rural development;
f)
support for the process of democratisation, good governance and human rights in developing countries;
2.
negotiation, conclusion and implementation of the ACP-EC Convention;
3.
relations with relevant international, multilateral and non-governmental organisations;
4.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
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15. Committee on Constitutional Affairs This committee is responsible for matters relating to: 1.
the development of European integration, in particular in the framework of the preparation and proceedings of the intergovernmental conferences;
2.
the institutional consequences of enlargement negotiations of the European Union;
3.
the implementation of the EU Treaty and the assessment of its operation;
4.
general relations with the other institutions or bodies of the European Union;
5.
the drawing-up of a draft uniform electoral procedure (Article 190(4) of the EC Treaty);
6.
the development of European political parties (Article 191 of the EC Treaty);
7.
the establishment of instances of a serious and persistent breach by a Member State of the principles common to the Member States (Article 7 of the EU Treaty and Article 309 of the EC Treaty);
8.
the Rules of Procedure of the European Parliament, i.e.:
9.
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a)
the wording of the Rules of Procedure, including the annexes;
b)
consideration of amendments to the Rules of Procedure tabled pursuant to Rule 181 and the drafting of reports on that subject;
c)
the interpretation of the Rules of Procedure pursuant to Rules 142 and 180;
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
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16. Committee on Women’s Rights and Equal Opportunities This committee is responsible for matters relating to: 1.
the definition, the evolution and the implementation of women’s rights in the Union and fostering women’s rights in third countries;
2.
the implementation and further development of mainstreaming in all sectors;
3.
the establishment and evaluation of all policies and programmes for women;
4.
the follow-up and implementation of international agreements and conventions involving the rights of women (United Nations, International Labour Office, etc.);
5.
information policy and studies on women;
6.
the policy on equal opportunities (Article 141 of the EC Treaty), including equality between men and women with regard to labour market opportunities and treatment at work (Article 137(l), fifth indent, of the EC Treaty);
7.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
17. Committee on Petitions This committee is responsible for matters relating to: 1.
petitions (Article 21 of the EC Treaty), consideration thereof and action to be taken in connection therewith and relations with the Ombudsman;
2.
the monitoring accompanying the implementation of current expenditure for which it has responsibility, on the basis of periodic reports provided by the Commission.
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Code
Foreign Affairs etc
(AFET)
2.
Budgets
3.
Jannis SAKELLARIOU (GR)
European Liberal Democratic & Reform (ELDR) Bertel HAARDER (DK)
European United Left/Nordic Green (GUE/NGL) Pedro MARSET CAMPOS (ES)
(BUDG)
Ralf WALTER (D)
Kyösti VIRRANKOSKI (SF)
Francis WURTZ (FR)
Daniel COHN-Bendit (FR) and Joost LAGENDIJK (NL) Kathalijne BUITENWEG (NL)
Budgetary Control
(CONT)
José POMES RUIZ (ES)
Eluned MORGAN (UK)
Jan MULDER (NL)
Marianne ERIKSSON (SW)
Bart STAES (B)
4.
Citizens’ Freedoms etc
(LIBE)
Hubert PIRKER (A)
Martin SCHULZ (D)
Sarah LUDFORD (UK)
Giuseppe DI LELLO (I)
Ozan CEYHUN (D)
5.
Economic etc
(ECON)
Karl von WOGAU (D)
Robert GOEBBELS (L)
Carlos GASOLIBA I BÖHM (ES)
Mikhail PAPAYANNAKIS (GR)
Pierre JONOKHEER (B)
6.
Legal Affairs etc
(JURI)
Klaus-Heiner LEHNE (D)
Manuel MEDINA ORTEGA (ES)
Diana WALLIS (UK)
???
Neil McCORMICK (UK)
7.
Industry etc
(INDU)
Giles CHICHESTER (UK)
Eryl McNALLY (UK)
Elly PLOOIJ-VAN GORSEL (NL)
???
Caroline LUCAS (UK)
8.
Employment etc
(EMPL)
Bartho PRONK (NL)
Stephen HUGHES (UK)
Liz LYNNE (UK)
Herman SCHMID (SW)
Hél`ene FLAUTRE (FR)
9.
Environment etc
(ENVI)
Karl-Heinz FLORENZ (D)
Dagmar ROTH-BERENDT (D)
Karl Erik OLSSON (SW)
Jonas SJÖSTEDT (SW)
Alexander de ROO (FR)
10.
Agriculture etc
(AGRI)
Lutz GOEPEL (D)
Georges GAROT (FR)
Giovanni PROCACCI (I)
Salvador JOVÉ PERES (ES)
Danielle AUROI (FR)
11.
Fisheries
(PECH)
Brigitte LANGENHAGEN (D)
Rosa MIGUELEZ RAMOS (ES)
Niels BUSK (DK)
Salvador JOVÉ PERES (ES)
Patricia McKENNA (EIR)
12.
Regional etc
(REGI)
Georg JARZEMBOWSKI (D)
Brian SIMPSON (UK)
Paolo COSTA (I)
???
Théo BOUWMAN (NL)
13.
Culture etc
(CULT)
Doris PACK (D)
Barbara O’TOOLE (UK)
Ole ANDREASEN (DK)
Geneviève FRAISSE (FR)
Luckas VANDER TAELEN (B)
14.
Development etc
(DEVE)
John CORRIE (UK)
Bob VAN DEN BOS (NL)
Jasmine BOUDJENAH (FR)
Didier ROD (FR)
15.
Constitutional
(AFCO)
Inigo MENDEZ DE VIGO (ES)
Francisca SAUQILLO PÉREZ DEL ARCO (ES) Richard CORBETT (UK)
Andrew DUFF (UK)
Sylvia-Yvonne KAUFMANN (D)
Monica FRASSONI (B)
16.
Women etc
(FEMM)
María Antonia AVILES PEREA (ES)
Lissy GRÖNER (D)
Lone DYBKJAER (DK)
Marianne ERIKSSON (SW)
Patsy SORENSEN (B)
17.
Petitions
(PETI)
Roy PERRY (UK)
Margot KESSLER (D)
Astrid THORS (SF)
Laura GONZÁLEZ ÁLVAREZ (ES)
Eurig WYN (UK)
Key to nationalities: A: Austria
•
B: Belgium
•
D: Germany
•
DK: Denmark
•
EIR: Ireland
Party of European Socialists (PES)
Green/European Free Alliance (V/ALE)
European Peoples Party & European Democrats (EPP/ED) Arie OOSTLANDER (NL) José SALAFRANCA Reimer BÖGE (D)
•
ES: Spain
•
FR: France
•
GR: Greece
•
I: Italy
•
L: Luxembourg
•
NL: Netherlands
•
SF: Finland
•
SW: Sweden
•
UK: United Kingdom
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European Parliament, Council, Commission J O I N T D E C L A R AT I O N O N P R A C T I C A L A R R A N G E M E N T S F O R T H E NEW CO-DECISION PROCEDURE
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Annex 8: European Parliament Council Commission
Joint declaration on practical arrangements for the new codecision procedure (Article 251 of the treaty establishing the European Community) (1999/c 148/01) Preamble The European Parliament, the Council and the Commission, hereinafter referred to as the ‘institutions’, note that the present practice of contacts between the Council Presidency, the Commission and the chairmen of the relevant committees and/or the rapporteurs of Parliament and between the co-chairmen of the Conciliation Committee has proved its worth. The institutions confirm that this practice should be extended to cover all stages of the co-decision procedure. The institutions undertake to examine their working methods with a view to making effective use of all the possibilities afforded by the new co-decision procedure. The institutions shall do what is necessary, in accordance with their rules of procedure, to promote reciprocal information about co-decision proceedings.
1.
162
First reading 1.
The institutions shall co-operate in good faith with a view to reconciling their positions as far as possible so that wherever possible acts can be adopted at first reading.
2.
The institutions shall ensure that their respective calendars of work are co-ordinated as far as possible in order to facilitate the conduct of proceedings at first reading in a coherent and convergent manner in the European Parliament and the Council. They shall establish appropriate contacts to monitor the progress of the work and analyse the degree of convergence.
3.
The Commission shall ensure that such contacts are facilitated and shall exercise its right of initiative in a constructive manner with a view to making it easier to reconcile the positions of the European Parliament and the Council with due regard for the balance between the institutions and the role conferred on that institution by the Treaty.
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Second reading 1.
In its statements of reasons the Council shall explain as clearly as possible the reasons that have led it to adopt its common position. During its second reading the European Parliament shall take the greatest possible account of those reasons and of the Commission’s opinion.
2.
Appropriate contacts may be established with a view to achieving a better understanding of the respective positions and thus to bringing the legislative procedure to a conclusion as quickly as possible.
3.
The Commission shall ensure that such contacts are facilitated and shall give its opinion with a view to reconciling the positions of the Council and the European Parliament, with due regard for the balance between the institutions and the role conferred on that institution by the Treaty.
Conciliation 1.
The Conciliation Committee shall be convened by the President of the Council, with the agreement of the President of the European Parliament and with due regard to the provisions of the Treaty.
2.
The Commission shall take part in the conciliation proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council. Such initiatives may include, inter alia, draft compromise texts reflecting the positions of the Council and the European Parliament, with due regard to the role conferred upon the Commission by the Treaty.
3.
The Committee shall be chaired jointly by the President of the European Parliament and the President of the Council. Committee meetings shall be chaired alternately by each co-chairman. The dates and the agenda for the Committee’s meetings shall be set jointly by the co-chairmen. The Commission shall be consulted on the dates envisaged. The European Parliament and the Council shall set aside, for guidance, appropriate dates for conciliation proceedings and shall notify the Commission thereof
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While respecting the Treaty provisions regarding time limits, the European Parliament and the Council shall, as far as possible, take account of scheduling requirements, in particular those resulting from breaks in the institutions’ activities and from European Parliament elections. In any case, the interruption of activities shall be as short as possible. The Committee shall meet alternately at the premises of the European Parliament and those of the Council. 4.
The Committee shall have available to it the Commission proposal, the Council’s common position, the amendments proposed by the European Parliament, the Commission’s opinion thereon and a joint working document by the European Parliament and Council delegations. The Commission shall, as a general rule, submit its opinion within two weeks of official receipt of the outcome of Parliament’s vote and at the latest by the commencement of conciliation proceedings.
5.
The co-chairman may submit texts for the Committee’s approval.
6.
The detailed outcome of votes and, where appropriate, explanations of vote, taken within each delegation to the Conciliation Committee, shall be forwarded to the Committee.
7.
Agreement on a joint text shall be established at a meeting of the Conciliation Committee or, subsequently, by an exchange of letters between the co-chairmen. All copies of such letters shall be forwarded to the Commission.
8.
If the Committee reaches agreement on a joint text, it shall, after legal/ linguistic finalisation, be submitted to the co-chairmen for approval.
9.
The co-chairmen shall forward the approved joint text to the Presidents of the European Parliament and of the Council by means of a jointly signed letter. Where the Conciliation Committee is unable to agree on a joint text, the co-chairmen shall notify the Presidents of the European Parliament and of the Council thereof in a jointly signed letter. Such letters shall serve as minutes. Copies of such letters shall be forwarded to the Commission for their information.
10. The General Secretariats of the Council and of the European Parliament shall act jointly as the Committee’s secretariat, in association with the General Secretariat of the Commission.
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4. General provisions 1.
Should the European Parliament or the Council deem it essential to extend the time limits referred to in Article 251 of the Treaty establishing the European Community, they shall notify the President of the other institution and the Commission thereof.
2.
Texts shall be finalised by the legal/linguistic experts of the Parliament and of the Council acting in close co-operation and by mutual agreement.
3.
Following the adoption of a legislative act under the co-decision procedure by the European Parliament and the Council, the text shall be submitted, for signature, to the President of the European Parliament and the President of the Council and to the Secretaries-General of the two institutions. The jointly signed text shall be forwarded to the Official Journal for publication if possible within at most one month, and in any case as soon as possible.
4.
If one of the institutions finds a clerical error in a text (or in any of the language versions), it shall immediately notify the other institutions. If the error is found in an act that has not yet been adopted, the legal/ linguistic services of the European Parliament and of the Council shall prepare the necessary corrigendum in close co-operation. Where the error is found in an act that has already been adopted or published, the European Parliament and the Council shall adopt, by mutual agreement, a corrigendum drawn up under their respective procedures. Done at Strasbourg, 4 May 1999. For the European Parliament The President For the Council of the European Union The President For the Commission of the European Communities The President
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Current British Members of ECOSOC
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Annex 9: Current British Members of ECOSOC
168
Campbell CHRISTIE
Group 2
Ann DAVISON
Group 3
Rose D’SA
Group 3
David EVANS
Group 1
Josie IRWIN
Group 2
Ken JACKSON
Group 2
Tom JENKINS
Group 2
Malcolm LEVITT
Group 1
John LITTLE
Group 1
Helen McGRATH
Group 2
Peter MORGAN
Group 1
Tim PAPÉ
Group 3
James PETRIE
Group 3
Sukhdev SHARMA
Group 3
Alison SHEPHERD
Group 2
John SIMPSON
Group 3
Sandra THOMAS
Group 3
Yvonne THOMPSON
Group 1
Bill TOSH
Group 1
Kenneth WALKER
Group 1
Eddy WARRILLOW
Group 2
Clive WILKINSON
Group 1
Alma WILLIAMS
Group 3
George WRIGHT
Group 2
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MEMBERS
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Members of ECOSOC can be contacted at: Economic and Social Committee of the European Communities Rue Ravenstein 2 B-1000 Brussels Belgium
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Committee of the Regions (COR) U N I T E D K I N G D O M O F G R E AT B R I TA I N A N D N O RT H E R N I R E L A N D
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Annex 10: Committee of the Regions (COR)
United Kingdom of Great Britain and Northern Ireland Members John BATTYE Member of Oldham Metropolitan Borough Council Tel: 0161 911 30 00 Fax: 0161 911 40 26 PES Kenneth BODFISH OBE Member of Brighton and Hove Unitary Authority Tel: 01273 29 10 05 Fax: 01273 29 10 03 PES Albert BORE Member of Birmingham County Council Tel: 0121 303 20 30 Fax: 0121 303 32 42 PES Ruth COLEMAN Member of North Wiltshire District Council Tel: 01249 44 33 22 Fax: 01249 44 31 52 ELDR Sir Simon DAY Member of Devon County Council Tel: 01392 38 20 00 Fax: 01392 38 22 86 EPP
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(COR)
Sir Reg EMPEY Member of Belfast City Council Tel: 01232 32 02 02 Fax: 01232 794 530 EPP George GILL CBE Member of Gateshead Metropolitan Borough Council Tel: 0191 477 10 11 Fax: 0191 477 609 PES Lady HANHAM CBE Member of the Council of the Royal Borough of Kensington and Chelsea Tel: 0207 937 86 92 Fax: 0207 361 31 05 EPP Lord HANNINGFIELD of CHELMSFORD Member of Essex County Council Tel: 01245 492211 Fax: 01245 491028 EPP Denis HAUGHEY Member of Cookstown District Council Tel: 01648 763 349 Fax: 01648 769 187 PES Hugh HENRY Member of Renfrewshire Council Tel: 0141 812 5494 Fax: 0141 812 5494 PES Jane HORE Member of Suffolk County Council Tel: 01473 58 30 00 Fax: 01473 21 45 49 PES
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Linda MATTHEWS Merthyr County Borough Council Tel: 01685 37 10 53 Fax: 01685 38 55 98 PES Christine MAY Member of Fife Council Tel: 01592 41 61 81 Fax: 01592 41 32 19 PES Sir Dennis PETTITT Member of Nottinghamshire County Council Tel: 0115 982 38 23 Fax: 0115 982 24 32 PES Sally POWELL Member of Hammersmith and Fulham London Borough Council Tel: 0207 447 62 17 Fax: 0207 222 49 79 PES Brian SMITH Member of Torfaen Borough Council Tel: 01633 48 27 57 Fax: 01495 75 55 13 PES Canon Lewis SMITH Shetland Islands Council Tel: 01595 744 515 Fax: 01595 744 521 Lord TOPE CBE Member of Sutton London Borough Council Tel: 0208 770 7269 Fax: 0208 770 7269 ELDR
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COMMITTEE
OF
THE
REGIONS
(COR)
Dr. James WALSH Member West Sussex County Council and Arun District Council Tel: 01243 77 77 52 Fax: 01243 77 76 97 ELDR Pam WARHURST Member of Calderdale Metropolitan Borough Council Tel: 01422 35 72 57 Fax: 01422 39 31 02 PES Sir Ron WATSON Member of Sefton Metropolitan Borough Council Tel: 0151 934 20 61 Fax: 0151 934 20 60 EPP Milner WHITEMAN Member of Bridgnorth District Council Tel: 01952 72 73 40 Fax: 01952 72 73 40 EA
Alternate members Keith BILLINGTON Member of Rotherham Borough Council PES Diane BUNYAN Member of Bristol Unitary Authority PES Sue DAVIS Member of Wrekin Unitary Authority PES Margaret EATON Member of Bradford City Council EPP
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John EVANS Member of Caerphilly County Borough Council PES John FEE Member of Newry and Mourne District Council PES Toby HARRIS Member of Harringey London Borough Council PES Ruth HENIG Member of Lancashire County Council PES Marcus HUMPHREY Member of Aberdeenshire Council EPP Susie KEMP Member of Newbury Unitary Authority EPP Gordon KEYMER Member of Tandridge District Council EPP David MARTIN Member of Sefton Metropolitan Borough Council PES Sarah McCARTHY-FRY Member of Portsmouth Unitary Authority PES Cormick Keenan McCHORD Member of Stirling Council PES Joan MITCHELL Member of Dumfries and Galloway Council ELDR
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ANNEX
10:
COMMITTEE
OF
THE
REGIONS
(COR)
Peter MOORE Member of Sheffield City Council ELDR Irene OLDFATHER, MSP Member of North Ayrshire Council PES George SAVAGE Member of Craigavon Borough Council EPP Ros SCOTT Member of Suffolk County Council ELDR Sir Peter SOULSBY Member of Leicester Unitary Authority PES Ian SWITHENBANK Member of Northumberland County Council PES Liz TUCKER Member of Hereford and Worcester County Council ELDR Keith WHITMORE Member of Manchester City Council ELDR Contact address for members and alternates of the COR: Committee of the Regions Rue Belliard 79 1040 Brussels
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Provisions governing the application of Rule 9(2) – Lobbying in Parliament A RT I C L E 1 : PA S S E S A RT I C L E 2 : A S S I S TA N T S ARTICLE 3: CODE OF CONDUCT
annex
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Annex 11: Provisions governing the application of Rule 9(2) – Lobbying in Parliament
Article 1: Passes 1.
The pass shall consist of a plastic card, bearing a photograph of the holder, indicating the holder’s surname and forenames and the name of the firm, organisation or person for whom the holder works. Pass-holders shall at all times wear their pass visibly on all Parliament premises. Failure to do so may lead to its withdrawal. Passes shall be distinguished by their shape and colour from the passes issued to occasional visitors.
2.
Passes shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(2). Any dispute by a Member as to the activity of a representative or lobby shall be referred to the Quaestors, who shall look into the matter and may decide whether to maintain or withdraw the pass concerned.
3.
Passes shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens.
Article 2: Assistants 1.
At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member. Upon taking up their duties, registered assistants shall make a written declaration of their professional activities and any other remunerated functions or activities.
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PROVISIONS
GOVERNING
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APPLICATION
OF
RULE
2.
They shall have access to Parliament under the same conditions as staff of the Secretariat or the political groups.
3.
All other persons, including those working directly with Members, shall only have access to Parliament under the conditions laid down in Rule 9(2).
9(2)
Article 3: Code of conduct 1.
In the context of their relations with Parliament, the persons whose names appear in the register provided for in Rule 9(2) shall: a)
comply with the provisions of Rule 9 and this Annex;
b)
state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament;
c)
refrain from any action designed to obtain information dishonestly;
d)
not claim any formal relationship with Parliament in any dealings with third parties;
e)
not circulate for a profit to third parties copies of documents obtained from Parliament;
f)
comply strictly with the provisions of Annex 1, Article 2, second paragraph;
g)
satisfy themselves that any assistance provided in accordance with the provisions of Annex 1, Article 2 is declared in the appropriate register;
h)
comply, when recruiting former officials of the institutions, with the provisions of the Staff Regulations;
i)
observe any rules laid down by Parliament on the rights and responsibilities of former Members;
in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member’s assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(2). 2.
Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and, if appropriate, their firms.
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