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The co-decision procedure from the point of view of the European Commission

European CommissionSecretariat General - Codecision Unit

Joachim D’Eugenio

THE EU:A Union of Peoples and States

Commission

EuropeanParliament

Council of Ministers

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The Commission as an Institution:promoting the common interest

The Commission has four main roles:

• proposes legislation to the Parliament and the Council

• manages and implements EU policies and budget

– Execution power given by the Parliament and the Council

– Own decision power (ex: competition policy)

• enforces European law (with the Court of Justice)

• represents the EU on the international stage

The functioning of the Commission (1)

Collegiality principle - Decisions are taken by the “College” of

27 commissioners - These decisions and their execution imply the collective

responsibility of all its members

Principle of administrative coherence- All the services of the Commission make up one

administrative body serving the College

Number of decisions taken by the College

The functioning of the Commission (2)DGs and services• The personnel of the Commission is divided among (36)

departments called «general directorates» (DG) or «services» (ex: the Legal Service)

• The Secretariat General (SG) has a “special role/status” • Each DG is in charge of (a) particular area(s).

Its Director General is responsible in front of the commissioner in charge of the area

• The DGs prepare the legislative documents of the Commission. These documents only become official after being “adopted” by the College

• The DGs manage the adopted programmes and policies

The role of the Secretariat General

• Main mission:- Guarantee the realization of the political priorities of the Commission, as

definedby the President

• Added value : - Work planning- (Inter-)Institutional perspective, coherence (incl. ensuring collegiality)- Help political choices / arbitrage and mediation- Horizontal initiatives / policy strategies

(e.g. “packages”)

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Codecision in a nutshell

Parliament and Council co-decide with equal rights. No agreement --> no act.

Up to three readings with a possibility to conclude at each stage

If no agreement by the end of second reading --> “conciliation”

Commission: initiative, participation, mediation and promotion of EU interest

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Codecision: Legal bases covered

All EC policies except agriculture, fisheries, taxation, economic and monetray policy, trade, competition

LISBON80?

2009?

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1st and 2nd reading agreements

1st reading deal: Institutions agree on a set of amendments voted in committee/plenary and endorsed by Council

2nd reading deal: EP has no amendment to the Common position (« negotiated common

position ») EP and Council agree on a set of amendments voted in plenary and endorsed

by Council

Agreement negotiated in “trilogues” and formalised through exchange of letters

Conciliation and trilogue meetings (hosted by EP)

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

1999-2000

2001 2002 2003 2004 2005 2006 2007 2008

1st reading 2nd reading Conciliation

Distribution of agreements over the past years

Developments since 1999

Length of negotiations

May 2004-December 2006

1st reading

2nd reading

Conciliation

Average time in

codecision 15.7 months 32.0 months 36.4 months

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1st reading agreements (Development of average duration)

2007 17,3

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Differences between 1st and 2nd reading deals

Find right balance between early adoption and protection of original proposal

Possibility of 1st reading deal not to be pursued unadvisedly for sensitive files (e.g. budget, legal, or institutional aspects)

Problem of 1st reading deal: less transparency and accountability

between and within institutions 2nd reading: better institutional setting for deal

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More efficient and flexible than it looks…

• Joint Declaration – 1999 (revised in 2007)(OJ C 145, 30.06.2007, p. 5)

• Promote fast adoption and avoid conciliation

• Work in parallel – Exchange of information

• Informal contacts at all stages for identifying positions and reconciling views

• Conciliation becoming the exception

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Commission’s (formal) interventions• Original Proposal• Modified Proposal

– anytime until common position– Formal modification: after 1s reading

(approx. within 6 weeks procedure)– Oral modification with a view to political agreement

• Communication on Common Position (CP) – To be prepared as early as political agreement is reached– To be transmitted to EP with CP

• Opinion on EP 2nd reading (indicating Commission position)– Oral presentation before plenary to facilitate a 2nd reading agreement– Formal submission, if possible, within 3 weeks after plenary– Preparation of conciliation

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Commission’s rolein codecision

• (Right of) Initiative • Expertise (e.g. impact assessments)• Participation in Council and EP work • Mediator but…• Key role in securing early adoption• Preparation of execution/implementation• “Guardian of the Treaty”• Promotion of EU interest

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Commission’s role: 1st and 2nd reading deals

• 1999 Joint Declaration: • to facilitate tripartite contacts (can take initiative)• “to exercise its right of initiative in a constructive

manner with a view to reconciling the positions of the EP and the Council”

• Intermediary and (possibly) Mediator but also advocate of its proposal (with Treaty tools to protect it – unanimity in Council if Commission does not accept amendments)

• Institutional matters (right of initiative, legal basis, substantial modifications, Commission Declarations, comitology, budgetary issues)

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Commission’s role: Conciliation

The Commission proposal is not the basis of the negotiation anymore

Commission = Mediator (Art 251-4: “…shall take all the necessary initiatives with a view to

reconciling the positions of the EP and the Council.” --> Opinion on EP’s 2nd reading amendments: may suggest compromise)

But also … “Guardian of the Treaty” No formal power – No unanimity rule Presence in all meetings

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Key Commission actorsPolitical Level

• Lead Commissioner • Lead DG (Director-General/Director)

negotiating in trilogues and Coreper

Administrative Level• Lead DG (Head of Unit, Administrator(s), inter-inst.

coordinators)• Secretariat General, Commission’s Legal Service, associated

DGs (in particular in cross-cutting files (e.g. climate change))

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Commission’s role: Internal decision making

• DG chef de file

• Secretariat General Coordination/Collegiality/Coherence

• Inter-institutional Relations Group (GRI) (weekly order of events PreGRI->GRI->HEBDO->College)

• Empowerment of Commissioners

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GRIInter-institutional Relations Group

Collegiality and collective decision making Information and early warning Authorization to pursue contacts and negotiate deals

(support/suggest compromise, propose declarations, modify proposal, etc)

GRI Fiches • All EP plenary votes in 1st and 2nd reading

(authorization and empowerment)

• Council decisions (case by case) (Presidency compromise package)

• Preparation of conciliation committee

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More info ? http://ec.europa.eu/codecision

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