B4-0501/95

Resolution on the Commission's annual programme of work

Approves the annexed Code of Conduct negotiated with the Commission.

ANNEXCODE OF CONDUCTThe European Parliament and the Commission,

Having regard to the Treaty on European Union,

Whereas the Treaty on European Union seeks in particular to strengthen the democratic legitimacy of the Union's decision-making process,

Whereas the European Parliament's approval of the Commission exemplifies the relationship of trust which should bind the two institutions throughout the parliamentary term,

Noting the progress achieved in the dialogue between the institutions thanks to the Code of Conduct agreed in 1990, and considering that the latter needs to be adapted to the new institutional context,

Whereas this Code of Conduct does not affect the powers and prerogatives of the European Parliament or of the Commission but seeks to ensure that they are exercised as effectively as possible within the single institutional framework established under Article C of the Treaty on European Union,

HAVE AGREED AS FOLLOWS:

General principle

1. The Commission undertakes to forward to the European Parliament all its legislative proposals, proposals made in the course of the budgetary procedure and any other Commission document relating to such proposals, which are forwarded to the Council at any time during the decision-making procedures.

The Commission shall ensure that Parliament is kept informed on an absolutely equal footing with the Council, due regard being had to the Treaty.

In addition, the Commission shall endeavour not to make public any important initiatives before informing Parliament thereof in the appropriate manner.

Choice of legal basis

2. The European Parliament and the Commission note that, in accordance with the Community's structure of powers and pursuant to the case-law of the Court of Justice, the choice of legal basis must be founded on objective factors which admit of judicial review, including, in particular, the objective and content of the act.

Parliament and the Commission agree to maintain any appropriate contacts, in particular between their legal services, to facilitate discussion of the choice of legal basis.

The Commission shall take the utmost account of all changes to the legal bases of its proposals contained in Parliament amendments. The Commission undertakes to set out in detail the reasons for its position.

Where, in the course of decision-making procedures, the Council amends the legal bases proposed by the Commission, the Commission shall remind the Council of the need to adhere to the rules evolved by the Court of Justice requiring Parliament to be reconsulted. The Commission shall inform Parliament that it has so reminded the Council.

The Commission undertakes to submit to Parliament, at the same time as to the Council, any proposals amending legal bases in the course of decision-making procedures.

Legislative process

3.1. The Commission shall forward to the European Parliament and the Council on an absolutely equal footing all its strategic initiatives, such as Green or White Papers, in areas in which the Community could be required to act. If the above-mentioned strategic initiatives are accompanied by a draft resolution, it shall be submitted by the Commission to Parliament and the Council.

3.2. The legislative proposals envisaged in the annual legislative programme shall be presented by the Commission in sufficient time for Parliament and the Council to examine them thoroughly, except in cases where, for objective reasons, the urgency procedure must be applied.

3.3. Where, pursuant to Article 138b, Parliament requests the Commission to submit legislative proposals, the Commission shall take the utmost account thereof.

The Commission decisions on such requests shall be duly reasoned on a case-by-case basis, if necessary even in a sitting of Parliament.

3.4. The Commission shall ensure that the Council bodies are reminded in good time not to reach a political agreement on its proposals before Parliament has given its opinion. It shall ask for discussion to be concluded at ministerial level after a reasonable period has been given to the members of the Council to examine Parliament's opinion.

3.5. The Commission shall keep the competent parliamentary committee regularly informed of the principal positions emerging from discussions within Council bodies, particularly where they depart from the original proposal, and shall also forward any Commission amendments to the original proposal on the basis of which the Council would continue its discussions. The Commission shall inform Parliament as soon as possible if it adopts a favourable opinion on amendments by the Council to its proposals.

3.6. The Commission shall ensure that the Council adheres to the rules evolved by the Court of Justice requiring Parliament to be reconsulted if the Council substantially amends a Commission proposal. The Commission shall inform Parliament of any reminder to the Council of the need for reconsultation.

3.7. Pursuant to the provisions of the Treaty, the Commission shall take the utmost account of amendments adopted by Parliament at second reading under the cooperation and codecision procedures. If, for important reasons, and after consideration at the level of the College, the Commission decides not to include or support an amendment adopted by Parliament, it shall explain those reasons before Parliament or at the next meeting of the competent committee.

3.8. With a view to contributing to the harmonious functioning of the institutions, and having regard to the democratic legitimacy of the elected Parliament, the Commission undertakes to withdraw, where appropriate, a legislative proposal which Parliament has rejected. If, for important reasons and after consideration by the College, the Commission decides to maintain its proposal, it shall explain the reasons for that decision in a statement to Parliament ((Statement: the European Parliament undertakes, where possible, to deal with this type of question during the vote on codecision and cooperation procedures.)).

3.9. The Commission undertakes to give Parliament and the Council prior notification before withdrawing its proposals.

3.10. In relation to international agreements, including trade agreements, the Commission shall inform the competent parliamentary committee, in confidence where necessary, of the draft recommendations relating to the negotiating directives.

The Commission shall keep Parliament, through the Parliament committee, regularly and fully informed of the progress of negotiations.

The Commission is prepared to facilitate the inclusion of Members of the European Parliament as observers in Community delegations negotiating multilateral agreements, on the understanding that the Members may not take part directly in the negotiating sessions themselves, wherever the Commission alone represents the Community.

Monitoring the application of Community law

4. In addition to specific reports and the annual report on the application of Community law, the Commission shall, at the request of the competent parliamentary committee, keep Parliament informed orally of the stage reached in the procedure as from the stage when the reasoned opinion is sent and, in cases where procedures have been initiated for failure to communicate the measures implementing a directive, or for failure to comply with a judgment of the Court of Justice, as from the stage of formal notice.

Specific legislative powers of the Commission

5. The Commission undertakes to inform the European Parliament of acts it adopts which fall within the scope of its own legislative powers.

Implementing powers

6. The Commission and the European Parliament agree that pending the revision of the Treaties:

- The 'Modus vivendi', initialled on 20 December 1994, shall apply to implementing acts in respect of measures adopted under the codecision procedure,

- The PLUMB-DELORS agreement shall continue to apply to other implementing acts of a general nature,

- The KLEPSCH-MILLAN agreement on the Code of Conduct on the implementation of structural policies by the Commission, signed on 13 July 1993, shall continue to apply to implementing acts covering the Structural Funds.

Commission proposals for recommendations

7. The Commission shall forward to the European Parliament, at the same time as to the Council, any proposals for recommendations. The explanatory memorandum for every proposal shall contain an explanation of the reasons which led the Commission to choose a recommendation as the form of act.

Legislative planning and interinstitutional coordination

8. The European Parliament and the Commission also agree that dialogue should be stepped up by the following means:

- periodic contacts between the Presidents of the two institutions, with the participation of the President of the Council, should he so wish;

- the attendance of Members of the Commission at Parliament's sittings as far as possible (in particular, the appropriate Commission members when oral questions are discussed), the appropriate meetings of the Conference of Presidents and meetings of parliamentary committees. The two institutions shall agree on the timetable for such attendance, except in urgent cases;

- the continuation and enlargement of the work of the Interinstitutional Coordination Working Party to improve legislative planning;

- following the initial progress achieved, measures in the context of the synergy between Commission and EP documentary databases to speed up the introduction of computerized systems, in order to provide access to data on the state of progress of legislative procedures and to the texts of acts being considered by the various institutions.

In order to implement these principles,

- the Commission for its part shall ensure that the competent Member of the Commission is present, except on Fridays, for each part of the agenda, including Question Time. A Member of the Commission shall be present on Fridays;

as regards debates on topical and urgent subjects of major importance, the Commission shall ensure that one of the Members responsible for external relations is present;

- subject to any amendments adopted in plenary, Parliament undertakes for its part to establish its final draft agenda at the meeting of the Conference of Presidents preceding the part-session. Amendments to the final draft agenda established by the Conference of Presidents could jeopardize the presence of the competent Member of the Commission.

- Parliament undertakes to group together as far as possible the various items on the agenda falling within the remit of any one Member of the Commission;

- in order to facilitate a reply by the competent Member of the Commission, Parliament shall examine the conduct of Question Time with a view to grouping oral questions together and fixing an appropriate time-slot;

Parliament and the Commission shall contact the Council to ensure that Parliament's part-sessions and Council meetings are better coordinated.

9. In order to improve legislative planning, the European Parliament undertakes:

- as far as possible to appoint rapporteurs on future proposals as soon as the legislative programme is adopted;

- to consider requests for reconsultation as a matter of absolute priority provided that all the necessary information has been forwarded to it;

- to take account of the priorities considered by the Commission and the Council in planning its activities;

- to plan the legislative sections of its agendas, bringing them into line with the current legislative programme and with the resolutions it has adopted on that programme;

- to meet reasonable deadlines, in so far as is useful for the procedure, when delivering its opinion at first reading under the cooperation and codecision procedures or its opinions under the consultation procedure.

10. A periodic assessment of this Code of Conduct shall be carried out when the annual legislative programme is established.