The EU Law Making Process & The Role of Trilogues Malcolm Harbour CBE CEng MIMechE Senior adviser, European Policy Centre EUDUG Meeting Friday 13 th November 2015

Malcolm Harbour CBE November 2015 Slide 2 Topics  The Ordinary Legislative Process  Evolution  The growing focus on Trilogues  Tracking the process, transparency issues  The total process of EU law making  Trilogues in context  How the total process is changing  Engaging national decision makers

The Ordinary Legislative Procedure

The shift to First Readings Source: European Parliament Research Service

Malcolm Harbour CBE November 2015 Slide 5 Drivers of the shift to First Readings Source: European Parliament Research Service

Malcolm Harbour CBE November 2015 Slide 6 The Negotiating Challenge Source: European Parliament Research Service

MS Adoption COREPER Letter Expert GroupRapporteur and Shadows The Committee’s Report Plenary Amendments Plenary Adoption General support for principles? Fundamental Disagreements? Technical Ams Broad Consensus Reshape Draft Competing Ams Compromise Ams, Vote Opinions from other Cttees General approach Technical Ams developed Agreed Draft COUNCILPARLIAMENT Draft Commission Proposal COUNCIL MS Adoption COUNCIL 1 st Reading Negotiation Adopted Legislation THE ONE READING CO-DECISION PROCESS PARLIAMENTCOUNCIL

THE ONE READING CO-DECISION PROCESS MS Adoption COREPER Letter Expert GroupRapporteur and Shadows The Committee’s Report Plenary Amendments Plenary Adoption General support for principles? Fundamental Disagreements? Technical Ams Broad Consensus Reshape Draft Competing Ams Compromise Ams, Vote Opinions from other Cttees General approach Technical Ams developed Agreed Draft COUNCILPARLIAMENT Draft Commission Proposal COUNCIL MS Adoption COUNCIL 1 st Reading Negotiation Adopted Legislation PARLIAMENTCOUNCIL Impact Assessment mainly assessed and used by Parliament No contact on details as text develops Poor outcomes from reshaping misaligned proposal Closed Door Negotiations Technical Ams Broad Consensus Leadership change every 6 months PROBLEMS Little scope for all MEPs to contribute

Malcolm Harbour CBE November 2015 Slide 10 Managing Successful Trilogues  Agree technical and political issues  Technical compromises drafted by officials  Confirmed as ‘green text’ as 1st agenda item  Meeting timetable and key topics planned  Put ‘easier’ topics at top of agendas  EP fields rapporteur and shadows  Ensure buy in by all political groups  Start point to sustain EP position  Engage Commission in resolving problems  Use advice to produce compromise texts  Deploy Impact Assessments and other evidence

The “4 Column” Document Commission proposal Council’s amended text Parliament’s amended text Suggested compromise

Malcolm Harbour CBE November 2015 Slide 12 Trialogue Transparency  All COM and EP docs available  Council does release “work in progress”  …but no formal requirement  4 column charts key for Trilogue  …but not generally released  …although digital tools can be deployed  …as EDP Supervisor app shows  Needs formal procedures

Malcolm Harbour CBE November 2015 Slide 13 Why do we need new solutions?  Transformed balance of co-decision  c.90% legislation in one reading  Flow of legislation cut significantly  More decisions “behind closed doors”  Pre legislative work far more important  but is largely “informal”  Parliaments and citizens disengaged  Duplication and inefficiency

Political Agenda-setting a Parliament priority Commission proposal Legal Text (Re-) Start Parliament is increasingly taking a holistic approach towards political and legislative planning, by organising systematic feedback from all relevant actors to be fed into the entire legislative cycle, from the agenda- setting until the scrutiny phase.

Public Procurement Process HY2 2009HY1 2010HY2 2010HY1 2011HY2 2011HY1 2012HY2 2012HY1 2013HY2 2013HY Vote in Committee COM Draft Published Trilogs 10x3hrs Vote in Plenary Vote in Committee COM Draft Published Vote in Committee COM Draft Published COREPER Letter Final Text Published in OJ Reading -1Reading 1 Public Hearing COM Green Paper Review COM Drafts Published Council Expert Group Rapporteur and Shadows nominated Ref. to Council and EP Rapporteur and Shadows nominated Rapporteur and Shadows nominated Vote in Plenary Rapporteur and Shadows nominated 2nd INI Report Rapporteur nominated Vote in Committee Vote in Plenary EP IMCO 1st Reading Rapporteur and Shadows nominated 2ndINI Report adopted in Plenary First INI Report Rapporteur nominated First INI Report adopted in Plenary Trilogs 10x3hrs Trilogs 10x3hrs 23 Final Texts Comp Ams

Public Procurement Engagement HY2 2009HY1 2010HY2 2010HY1 2011HY2 2011HY1 2012HY2 2012HY1 2013HY2 2013HY Vote in Committee COM Draft Published Vote in Committee COM Draft Published Vote in Committee COM Draft Published COREPER Letter Final Text Published in OJ Reading -1Reading 1 Public Hearing COM Draft Published Council Expert Group Vote in Committee Vote in Plenary EP IMCO 1st Reading COM Green Paper Review Engagement opportunities for National Parliaments, Regional Parliaments, Local Government, all stakeholders IMCO Meeting with National Parliaments Opportunities realised: Competitiveness Council 0 Parliaments 0

Malcolm Harbour CBE November 2015 Slide 17 Lessons from PP Case  Very large scale reform package – 3 new Directives  Extensive preparatory work, hearings and consultation by EP and COM  Broad political consensus on direction but crucial issues for political groups resolved  Development of compromise ams. was critical to resolve conflicts  Proposals passed with no plenary ams.

 Expanding research resource covering all aspects of the policy cycle  Support EP legislative initiatives  Hold European Council to account  Review annual COM Work Programme  Cost of Non Europe gap analysis  Added Value assessment for new plans  Post Implementation reviews  Scientific analysis and foresight  Better briefing on all work in progress EPRS | European Parliamentary Research Service

Malcolm Harbour CBE November 2015 Slide 20 Engage National Parliaments  Share Reading -1 process with National and Regional Parliaments  Encourage Committee “Twinning”  MPs as “Shadow Rapporteurs”  Set up more Video Conferences  Facilitates multi lingual working  Hold Council Ministers to account  Monitor “transposition” and outcomes

Malcolm Harbour CBE November 2015 Slide 21  Report team visited Brussels and met MEPs January 2013  Planned reforms welcomed in report  … but no suggestions for change  … even though EP was consulting from 2009  … despite electronic procurement still open for amendment PP Reform released January 2011

Malcolm Harbour CBE November 2015 Slide 22 UK Earliest in the Field  New Directive seen as offering competitive advantage to UK  Early consultation on transposition  PPN issued July 2013, OJ text Feb 2014  Dir. into force April 2014, 2 years to transpose  UK PCR 2015PCR 2015  In Parliament on 5 February 2015  Take effect from 26 February 2015.

Malcolm Harbour CBE November 2015 Slide 23 More Information Malcolm Harbour European Parliament Research Service Copies of Presentation available on request