6.

All positions of the Union and its Member States referred to in paragraphs 3, 4 and 5 will be duly coordinated: (a) In matters referred to in paragraph 3, the Presidency may convene, at its own initiative or at the request of the Commission or a Member State, coordination meetings (which may consist of an electronic coordination in urgent cases) of the Member States and the Commission within the competent Council Working Group before and during each meeting referred to in paragraph 1. Coordinated positions will be expressed by the Presidency or if necessary by a Member State as appointed by the Presidency or by the Commission with the agreement of all Member States present. (b) In matters referred to in paragraph 4, coordination meetings of the Commission and the Member States within the competent Council Working Group will be convened at the Presidency's own initiative or at the request of the Commission or a Member State before and during each meeting referred to in paragraph 1, with possible reference to the Disability High Level Group in its area of competence. These coordination meetings may consist of an electronic coordination in urgent cases. Union positions will be expressed by the Commission. (c) In matters referred to in paragraph 5, coordination meetings of the Commission and the Member States within the competent Council Working Group, will be convened at the Presidency's own initiative or at the request of the Commission or a Member State before and during each meeting referred to in paragraph 1, with possible reference to the Disability High Level Group in its area of competence. These coordination meetings may consist of an electronic coordination in urgent cases. The Commission and the Member States in coordination meetings within the competent Council Working Group will decide who will deliver any statement to be made on behalf of the Union and its Member States in cases where the respective competences are inextricably linked. Common positions will be presented by the Commission when the preponderance of the matter concerned lies within the competence of the Union, and by the Presidency or a Member State when the preponderance of the matter concerned lies within the competence of the Member States. For the purposes of establishing positions regarding points (a), (b) and (c), the following arrangements will apply: (i) in Brussels, within the competent Council Working Group, as early as possible ahead of the start of the meetings referred to in paragraph 1. On receipt of the agenda of the meetings referred to in paragraph 1, the Commission will send to the Council Secretariat for circulation to the Member States an indication of the agenda items on which it is intended that statements are made and whether these statements should be made by the Commission and/or the Presidency. The Council Secretariat will circulate those draft statements received from the Presidency (in relation to paragraph 3) and from the Commission (in relation to paragraphs 4 and 5) for circulation to the Member States and the Commission at least one week before the coordination meeting. The Council Secretariat will ensure that the draft statements are transmitted to the competent Council Working Group promptly; (ii) without prejudice to local arrangements for Union coordination, on-the-spot (in New York or Geneva (2)), particularly at the beginning and, if necessary, at the end of the meetings referred to in paragraph 1, with further coordination meetings being called whenever necessary throughout the series of meetings. In cases where no position can be reached including for reasons relating to disagreement on the repartition of competences between the Union and its Member States, the matter will be referred without undue delay to the competent Council Working Group and/or, when applicable, other Council bodies. If no agreement can be reached in these bodies, the matter will be referred to the Permanent Representatives Committee (Coreper). However, in cases where meetings of the competent working group and, when applicable, of the relevant other Council bodies cannot be convened in time, the matter will be directly referred to Coreper, which will decide on the position on the basis of the voting rules laid down in the relevant EU Treaty dealing with the subject matter under consideration; (iii) the ‘competent Council Working Group’ will be determined by the Presidency. The Presidency will also take due care to inform and liaise in good time with all Council Working Groups that have a significant interest in the matter under consideration, including the Tax Working Group where the matter includes tax elements. At the request of a Member State or the Commission, the Presidency should refer any matter being discussed under this Code to other significantly interested working groups for consideration.