Codecision in practice Bucharest, 26 January 2006 CODECISION IN PRACTICE Presented by Nikos TZIORKAS European Parliament - Conciliations and Codecision

Codecision in practice Bucharest, 26 January 2006 Procedure set out in Article 251 EC Treaty Parity between the two co-legislators (Parliament and Council): If no agreement  no legislation ! Scope of the procedure: 43 areas of Community action (92 areas under the Constitution) Up to three readings in each institution, with possibility to conclude at each stage (different majorities!) Strict time limits after adoption of the common position CODECISION: an overview

Codecision in practice Bucharest, 26 January 2006 INCREASE IN NUMBER OF PROCEDURES

Codecision in practice Bucharest, 26 January 2006 EVOLUTION OF THE STAGE OF CONCLUSION Source: Activity report

Codecision in practice Bucharest, 26 January 2006 “ CUSTOMERS” OF CODECISION

Codecision in practice Bucharest, 26 January 2006 FIRST READING Commission proposal (‘right of initiative’) Announcement in Plenary – Referral to committee Possibility of joint involvement of several committees (lead and opinion giving committees) Appointment of rapporteur Committee report: recommendation for Plenary Adoption in Plenary (SIMPLE majority!) Possible conclusion at 1st reading  If no agreement: COUNCIL’s Common Position

Codecision in practice Bucharest, 26 January 2006 SECOND READING Time limit: 3 months (possible extension to 4 months) Only the lead committee deals with the dossier Committee report: recommendation for Plenary Adoption Plenary (absolute majority: 367 out of 732) Possible rejection (e.g. Software patents): end of procedure Possible conclusion at second reading if not  COUNCIL: second reading (3/4 months)

Codecision in practice Bucharest, 26 January 2006 ADMISSIBILITY CRITERIA AT SECOND READING Second reading amendments only admissible if they seek to: restore Parliament’s first reading position or reach a compromise between Council and Parliament or amend a part of the Common Position which is new, compared to the Commission proposal or take account of a new fact or legal situation. Note: Rule applied more flexibly after European elections

Codecision in practice Bucharest, 26 January 2006 CONCILIATION Third and final stage of the codecision procedure Always applies if Council does not approve all EP second reading amendments Negotiations based on Common Position + EP second reading amendments (but, Court ruling in IATA case!) Aim is to reach agreement on a joint text Commission role: facilitator of agreement

Codecision in practice Bucharest, 26 January 2006 CONCILIATION deadlines and types of meetings After the Council’s second reading: 6/8 weeks to convene the Conciliation Committee 6/8 weeks to find an agreement 6/8 weeks for approval by EP Plenary and Council EP Delegation – COREPER I Conciliation committee ‘Trialogues’

Codecision in practice Bucharest, 26 January 2006 EP DELEGATION: 25 MEMBERS 3 Vice-Presidents Committee chairman Rapporteur Greens/EFA 1 MEP GUE/NGL 1 MEP IND/DEM 1 MEP UEN 1 MEP EPP-ED10 MEPs PES 8 MEPs ALDE 3 MEPs

Codecision in practice Bucharest, 26 January 2006 EP DELEGATION

Codecision in practice Bucharest, 26 January 2006 CONCILIATION COMMITTEE An interinstitutional body made up of representatives of EP and Council Council delegation: 25 Ministers or their representatives EP delegation: 25 MEPs nominated by political groups A separate Conciliation committee for each conciliation procedure

Codecision in practice Bucharest, 26 January 2006 CONCILIATION COMMITTEE

Codecision in practice Bucharest, 26 January 2006 TRIALOGUE: NEGOTIATORS OF THE THREE INSTITUTIONS European Parliament- Vice-President - Rapporteur - Committee Chairman Council Presidency- chair of COREPER I Commission- High-level official (Director-General/Director)

Codecision in practice Bucharest, 26 January 2006 TRIALOGUE

Codecision in practice Bucharest, 26 January 2006 Tool: 4-COLUMN WORKING DOCUMENT

Codecision in practice Bucharest, 26 January 2006 THIRD READING Joint text (‘PE-CONS’): must be approved by EP Plenary (SIMPLE majority) and Council No new amendments possible! Approval of joint text by EP + Council = Act adopted Rejection by either EP or Council = Act falls and procedure can be re-launched only with new Commission proposal Two cases of rejection by Parliament so far

Codecision in practice Bucharest, 26 January 2006 DIFFERENCES BETWEEN 1 st /2 nd READING AND CONCILIATION First and second readingConciliation (third reading) Primary responsibilityParliamentary committeeEP delegation Time limit1st reading: No time limits 2nd reading: Max. 4 months for the EP and another max. 4 months for the Council Max. 3 x 8 weeks, of which max. 8 weeks devoted to conciliation AmendmentsYES - tabled to committees and plenary NO - approval and rejection of the joint text as a whole Majority1st reading: Simple majority 2nd reading: Absolute majority (at least 367 votes) EP approval of joint text by simple majority in a single vote

Codecision in practice Bucharest, 26 January 2006 PLAYERS ON THE PARLIAMENT SIDE 1 st /2 nd READING Rapporteur Committee chair Shadow rapporteurs + Coordinators Members of the committee CONCILIATION Rapporteur Vice-President chairing EP delegation Committee chair Members of the EP delegation (incl. shadows)