A4-0206/99

Resolution on the Joint Declaration on the practical arrangements for the new codecision procedure (Article 251 EC)

The European Parliament,

- having regard to Article 251 (former Article 189b) EC, and to the corresponding revisions made by the Treaty of Amsterdam,

- having regard to the 1993 interinstitutional agreement on the phase preceding the adoption of a common position by the Council and on arrangements for proceedings in the Conciliation Committee provided for in Article 189b ((OJ C 329, 6.12.1993, p. 141.)),

- having regard to its resolution of 16 July 1998 on the new codecision procedure after Amsterdam ((OJ C 292, 21.9.1998, p. 140.)), and to its calls for revision of the 1993 interinstitutional agreement,

- having regard to the Joint Declaration on practical arrangements for the new codecision procedure agreed to by the negotiators from the Council, Commission and Parliament,

- having regard to Article 148 of its Rules of Procedure,

- having regard to the report of the Committee on Institutional Affairs (A4-0206/99),

A. considering that the 1993 interinstitutional agreement, which has generally worked successfully, requires adaptation to eliminate out-of-date provisions and to take on board developing practice over the years in which codecision has been in force,

B. recalling that the Amsterdam Treaty has not only considerably extended the scope of application of the codecision procedure but has also provided for substantial changes to its functioning, creating the possibility of concluding the procedure at the first-reading stage, and by streamlining the final stages of codecision,

C. considering that the extension of the codecision procedure, and the parallel reforms to its functioning lead automatically to a change in the nature of interinstitutional relations between Parliament, Council and Commission,

D. recalling that its resolution of 16 July 1998 mentioned above put forward a number of proposals aimed at achieving the fullest possible potential of the new codecision procedure laid down in the Treaty,

E. considering that the Joint Declaration takes account of a number of these proposals, and guarantees the necessary improvements in existing practice,

1. Approves the annexed Joint Declaration;

2. Calls for the Joint Declaration to be published in the Official Journal of the European Communities, in the volumes of selected instruments taken from the Treaties and as an Annex to Parliament's own Rules of Procedure;

3. Instructs its President to forward this resolution to the Council and the Commission.

ANNEX

Joint declaration on practical arrangements for the new codecision procedure (Article 251 of the EC Treaty)

PreambleThe European Parliament, the Council and the Commission, hereinafter referred to as 'the institutions¨, note that the present practice of contacts between the Council Presidency, the Commission and the chairmen of the relevant committees and/or rapporteurs of Parliament and between the co-chairmen of the Conciliation Committee has proved its worth. The institutions confirm that this practice should be extended to cover all stages of the codecision procedure. The institutions undertake to examine their working methods with a view to making effective use of all the possibilities afforded by the new codecision procedure.

The institutions shall do what is necessary, in accordance with their rules of procedure, to promote reciprocal information about codecision proceedings.

I. First reading1. The institutions shall cooperate in good faith with a view to reconciling their positions as far as possible so that wherever possible acts can be adopted at first reading.

2. The institutions shall ensure that their respective calendars of work are coordinated as far as possible in order to facilitate the conduct of proceedings at first reading in a coherent and convergent manner in the European Parliament and the Council. They shall establish appropriate contacts to monitor the progress of the work and analyse the degree of convergence.

3. The Commission shall ensure that such contacts are facilitated and shall exercise its right of initiative in a constructive manner with a view to making it easier to reconcile the positions of the European Parliament and the Council with due regard for the balance between the institutions and the role conferred on that institution by the Treaty.

II. Second reading1. In its statement of reasons the Council shall explain as clearly as possible the reasons that have led it to adopt its common position. During its second reading, the European Parliament shall take the greatest possible account of those reasons and of the Commission's opinion.

2. Appropriate contacts may be established with a view to achieving a better understanding of the respective positions and thus to bringing the legislative procedure to a conclusion as quickly as possible.

3. The Commission shall ensure that such contacts are facilitated and shall give its opinion with a view to reconciling the positions of the Council and the European Parliament, with due regard for the balance between the institutions and the role conferred on that institution by the Treaty.

III. Conciliation1. The Conciliation Committee shall be convened by the President of the Council, with the agreement of the President of the European Parliament and with due regard to the provisions of the Treaty.

2. The Commission shall take part in the conciliation proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council. Such initiatives may include, inter alia, draft compromise texts reflecting the positions of the Council and of the European Parliament, with due regard being had to the role conferred upon the Commission by the Treaty.

3. The committee shall be chaired jointly by the President of the European Parliament and the President of the Council.

Committee meetings shall be chaired alternately by each co-chairman.

The dates and the agenda for the Committee's meetings shall be set jointly by the co-chairmen. The Commission shall be consulted on the dates envisaged. The European Parliament and the Council shall set aside, for guidance, appropriate dates for conciliation proceedings and shall notify the Commission thereof.

While respecting the Treaty provisions regarding time limits, the European Parliament and the Council shall, as far as possible, take account of scheduling requirements, in particular those resulting from breaks in the institutions' activities and from European Parliament elections. In any case, the interruption of activities shall be as short as possible.

The Committee shall meet alternately at the premises of the European Parliament and those of the Council.

4. The Committee shall have available to it the Commission proposal, the Council's common position, the amendments proposed by the European Parliament, the Commission's opinion thereon and a joint working document by the European Parliament and Council delegations. The Commission shall, as a general rule, submit its opinion within two weeks of official receipt of the outcome of Parliament's vote and at the latest by the commencement of conciliation proceedings.

5. The co-chairmen may submit texts for the Committee's approval.

6. The detailed outcome of votes and, where appropriate, explanations of vote, taken within each delegation to the Conciliation Committee, shall be forwarded to the Committee.

7. Agreement on a joint text shall be established at a meeting of the Conciliation Committee or, subsequently, by an exchange of letters between the co-chairmen. Copies of such letters shall be forwarded to the Commission.

8. If the committee reaches agreement on a joint text, it shall, after legal/linguistic finalisation, be submitted to the co-chairmen for approval.

9. The co-chairmen shall forward the approved joint text to the Presidents of the European Parliament and of the Council by means of a jointly signed letter. Where the Conciliation Committee is unable to agree on a joint text, the co-chairmen shall notify the Presidents of the European Parliament and of the Council thereof in a jointly signed letter. Such letters shall serve as minutes. Copies of such letters shall be forwarded to the Commission for information.

10. The General Secretariats of the Council and of the European Parliament shall act jointly as the Committee's secretariat, in association with the General Secretariat of the Commission.

IV. General provisions1. Should the European Parliament or the Council deem it essential to extend the time limits referred to in Article 251 of the EC Treaty, they shall notify the President of the other institution and the Commission thereof.

2. Texts shall be finalised by the legal/linguistic experts of the Parliament and of the Council acting in close cooperation and by mutual agreement.

3. Following the adoption of a legislative act under the codecision procedure by the European Parliament and the Council, the text shall be submitted, for signature, to the President of the European Parliament and the President of the Council and to the Secretaries-General of the two institutions.

The jointly signed text shall be forwarded to the Official Journal for publication if possible within at most one month, and in any case as soon as possible.

4. If one of the institutions finds a clerical error in a text (or in one of the language versions), it shall immediately notify the other institutions. If the error is found in an act that has not yet been adopted, the legal/linguistic services of the European Parliament and of the Council shall prepare the necessary corrigendum in close cooperation. Where the error is found in an act that has already been adopted or published, the European Parliament and the Council shall adopt, by mutual agreement, a corrigendum drawn up under their respective procedures.