Joint declaration on practical arrangements for the new co-decision procedure (article 251 of the Treaty establishing the European Community)
Date: 1999-05-04
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: Council of the European Union, EU institution, European Commission, European Parliament, codecision procedure, drafting of EU law

28.5.1999

EN

Official Journal of the European Communities

C 148/1

I

(Information)

EUROPEAN PARLIAMENT
COUNCIL
COMMISSION

JOINT DECLARATION ON PRACTICAL ARRANGEMENTS FOR THE NEW CO-DECISION
PROCEDURE (ARTICLE 251 OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY)

(1999/C 148/01)

0. PREAMBLE

chairmen of

The European Parliament, the Council and the Commission,
hereinafter referred to as the (cid:145)institutions(cid:146), note that the
present practice of contacts between the Council Presidency,
relevant
the Commission and the
the rapporteurs of Parliament and
committees and/or
between the co-chairmen of
the Conciliation Committee
has proved its worth. The institutions confirm that this
the
practice should be extended to cover all stages of
to
institutions undertake
co-decision procedure. The
examine their working methods with a view to making
effective use of all the possibilities afforded by the new
co-decision procedure.

the

account of
opinion.

those reasons and of

the Commission’s

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 recon-
ciling 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.

The institutions shall do what is necessary, in accordance
with their
to promote reciprocal
information about co-decision proceedings.

rules of procedure,

III. CONCILIATION

I.

FIRST READING

1. 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

that

shall

their

institutions

respective
ensure
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 READING

1. In its statements of reasons the Council shall explain as
clearly as possible the reasons that have led it to adopt its
second reading the
common position. During its
take the greatest possible
European Parliament shall

1. The Concilation Committee shall be convened by the
President of the Council, with the agreement of the
the European Parliament and with due
President of
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
and the European
the Council
Parliament, with due regard 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.

be

set

jointly

The dates and the agenda for the Committee’s meetings
shall
co-chairmen. The
by
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.

the

While respecting the Treaty provisions regarding time
limits, the European Parliament and the Council shall,
scheduling
as

as possible,

account of

take

far

C 148/2

EN

Official Journal of the European Communities

28.5.1999

requirements, in particular those resulting from breaks
in the
and from European
activities
Parliament elections. In any case, the interruption of
activities shall be as short as possible.

institutions’

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

Copies of
Commission for information.

such letters

shall be forwarded to the

10. The General Secretariats of
shall

Parliament

European
secretariat,
Committee’s
General Secretariat of the Commission.

the
the Council and of
jointly
the
in association with the

act

as

4. The Committee

to it

available

shall have

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
conciliation
commencement
proceedings.

the

by

of

5. The co-chairman 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.

of

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

Committee

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.

Done at Strasburg, 4 May 1999.

IV. GENERAL PROVISIONS

1. Should the European Parliament or the Council deem it
essential to extend the time limits referred to in Article
251 of the Treaty establishing the European Community,
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 coop-
eration and by mutual agreement.

3. Following the adoption of a legislative act under the
co-decision 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 any 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 coop-
eration. Where the error is found in an act that has
the European
already been adopted or published,
shall adopt, by mutual
Parliament and the Council
agreement,
their
respective procedures.

corrigendum drawn up under

a

For the
European Parliament

The President

For the Council
of the European Union

The President

For the Commission
of the European Communities

The President