Interinstitutional agreement on better law-making
Date: 2003-12-16
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: drafting of EU law, exchange of information, interinstitutional agreement, interinstitutional cooperation (EU)

31.12.2003

EN

Official Journal of the European Union

C 321/1

I

(Information)

EUROPEAN PARLIAMENT

COUNCIL

COMMISSION

INTERINSTITUTIONAL AGREEMENT

on better law-making

(2003/C 321/01)

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN
UNION
EUROPEAN
AND
COMMUNITIES,

COMMISSION OF

THE

THE

Having regard to the Treaty establishing the European
Community and,
in particular, to Article 5 thereof and the
Protocol on the application of the principles of subsidiarity
and proportionality annexed thereto,

Having regard to the Treaty on European Union,

Drawing attention to Declaration No 18 on the estimated costs
under Commission proposals and to Declaration No 19 on the
implementation of Community law, both of which are annexed
to the Maastricht Final Act,

for

Drawing attention to the Interinstitutional Agreements of 25
October 1993 on the procedures
implementing the
principle of subsidiarity (1), of 20 December 1994 on accel-
erated working method for the official codification of legislative
texts (2), of 22 December 1998 on common guidelines for the
quality of drafting of Community legislation (3), and of 28
November 2001 on a more structured use of the recasting
technique for legal acts (4),

Noting the Presidency Conclusions of
the
European Council held on 21 and 22 June 2002 in Seville
and on 20 and 21 March 2003 in Brussels,

the meetings of

this Agreement

Emphasising that
concluded without
prejudice to the outcome of the Intergovernmental Conference
which will be held following the Convention on the Future of
Europe,

is

hereby agree to improve the quality of law-making by means
of a series of initiatives and procedures set out in this inter-
institutional agreement.

laid down in the Treaty,

In exercising the powers and in compliance with the
2.
procedures
and recalling the
importance which they attach to the Community method,
the three Institutions agree to observe general principles such
as democratic legitimacy, subsidiarity and proportionality, and
legal certainty. They further agree to promote simplicity, clarity
and consistency in the drafting of laws and the utmost trans-
parency of the legislative process.

They call on the Member States to ensure a proper and prompt
transposition of Community law into national law within the
prescribed time limits, pursuant to the Presidency Conclusions
of the European Council at its Stockholm, Barcelona and Seville
meetings.

Better coordination of the legislative process

The three Institutions agree to ensure that general coor-
thereby
law-making

3.
dination of
providing an essential
within the European Union.

foundation for better

legislative activity is

improved,

their

4.
The three Institutions agree to improve the coordination
of their preparatory and legislative work in the context of the
codecision procedure and to publicise it in appropriate fashion.

HAVE AGREED AS FOLLOWS:

Common commitments and objectives

1.
Union and the Commission of

The European Parliament, the Council of the European
the European Communities

the draft multiannual

The Council will inform the European Parliament in good time
strategic programme which it
of
recommends for adoption by the European Council. The
three Institutions will forward to each other their respective
annual
view to reaching
timetables with a
agreement on joint annual programming.

legislative

(1) OJ C 329, 6.12.1993, p. 135.
(2) OJ C 102, 4.4.1996, p. 2.
(3) OJ C 73, 17.3.1999, p. 1.
(4) OJ C 77, 28.3.2002, p. 1.

In particular, the European Parliament and the Council will
seek to establish, for each legislative proposal, an indicative
timetable for the various stages leading to the final adoption
of that proposal.

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Wherever multiannual programming has an interinstitutional
impact,
cooperation
Institutions will
three
through the appropriate channels.

initiate

the

As far as possible, the Commission's annual law-making and
work programme will include indications as to the choice of
legislative instrument and the legal basis envisaged for each
measure to be put forward.

The three Institutions will, in the interests of efficiency,
5.
ensure as far as possible a better synchronisation of
the
treatment of common dossiers by the preparatory bodies (1)
of each branch of the legislative authority (2).

6.
The three Institutions will keep each other permanently
informed about their work throughout the legislative process.
This information will be based on appropriate procedures,
including dialogue between the European Parliament,
in
committee and plenary, and the Council Presidency and the
Commission.

The Commission will submit an annual progress report

7.
on its legislative proposals.

The Commission will ensure that, as a general rule,
8.
Commissioners
at European
Parliament committee meetings and plenary sittings on draft
legislation for which they are responsible.

for discussions

are present

The Council will continue the practice of maintaining intensive
contact with the European Parliament by means of regular
participation in plenary debates, as far as possible by the
Ministers concerned. The Council will also endeavour
to
the parliamentary
participate
committees and in other meetings, preferably at ministerial
level or at some other appropriate level.

regularly in the work of

The Commission will take account of requests made by
9.
the European Parliament or
the Council, on the basis
respectively of Article 192 or Article 208 of the EC Treaty,
for the submission of legislative proposals. It will reply rapidly
and appropriately to the parliamentary committees concerned
and to the Council's preparatory bodies.

Greater transparency and accessibility

The three Institutions confirm the importance which
10.
they attach to greater
transparency and to the increased
provision of information to the public at every stage of their
legislative work, whilst taking into account
their respective
rules of procedure. They will ensure in particular that public
level are broadcast as widely as possible
debates at political
through the systematic use of new communication tech-
nologies such as, inter alia, satellite broadcasting and Internet
video-streaming. They will also ensure that
the public has
greater access to EUR-Lex.

(1) Committee at

the European Parliament;

the working party and

Permanent Representatives' Committee at the Council.

(2) For the purposes of this Agreement,

‘legislative authority’ means

only the European Parliament and the Council.

The three Institutions will hold a joint press conference
11.
to announce the successful outcome of the legislative process
in the
reached
they have
agreement, whether after
reading, second reading or
conciliation.

codecision procedure, once

first

Choice of legislative instrument and legal basis

The Commission will

explain and justify to the
12.
European Parliament and to the Council its choice of legislative
instrument, where possible as part of
its annual work
programme or of the normal dialogue procedures and, at all
attached to its
explanatory memoranda
events,
initiatives.
in this connection
from the legislative authority, and it will take account of the
results of any consultations which it has undertaken before
tabling its proposals.

It will consider any request

in the

It will ensure that the action it proposes is as simple as is
compatible with the proper attainment of
the objective of
the measure and the need for effective implementation.

(Article 249 of

subsidiarity and proportionality.

The three Institutions recall the definition of the term
13.
the EC Treaty) and the relevant
‘directive’
provisions of the Protocol on the application of the principles
of
for
directives, the Commission will ensure that a proper balance
is struck between general principles and detailed provisions, in
of Community
a manner
implementing measures.

In its proposals

excessive

avoids

that

use

the

justification for

The Commission will provide a clear and compre-
14.
hensive
each
proposal. In the event of a change being made to the legal
basis after any Commission proposal has been presented, the
European Parliament will be duly re-consulted by the Insti-
tution concerned, in full compliance with the case-law of the
Court of Justice of the European Communities.

legal basis used for

set out

In the explanatory memoranda to its proposals,

the
15.
legal
Commission will,
in every instance,
arrangements which currently exist at Community level
in
the area affected by the proposal. The Commission will also
explain in its explanatory memoranda how the measures
proposed are justified in the light of the principles of subsi-
diarity and proportionality. The Commission will also give an
account of the scope and the results of the prior consultation
and the impact analyses that it has undertaken.

the

Use of alternative methods of regulation

The three Institutions recall the Community's obligation
16.
to legislate only where it is necessary, in accordance with the
Protocol on the application of the principles of subsidiarity and
proportionality. They recognise the need to use,
in suitable
cases or where the Treaty does not specifically require the
instrument, alternative regulation mechanisms.
use of a legal

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The Commission will ensure that any use of co-regu-
17.
lation or self-regulation is always consistent with Community
law and that it meets the criteria of transparency (in particular
the publicising of agreements) and representativeness of the
parties involved. It must also represent added value for the
general
interest. These mechanisms will not be applicable
where fundamental rights or important political options are
at stake or in situations where the rules must be applied in a
uniform fashion in all Member States. They must ensure swift
and flexible regulation which does not affect the principles of
competition or the unity of the internal market.

— Co-regulation

the mechanism whereby
the attainment of

a
18.
Co-regulation means
Community legislative act entrusts
the
objectives defined by the legislative authority to parties
which are recognised in the field (such as economic operators,
the
social partners, non-governmental organisations, or
associations).

This mechanism may be used on the basis of criteria defined in
the legislative act so as to enable the legislation to be adapted
to the problems and sectors concerned, to reduce the legislative
burden by concentrating on essential aspects and to draw on
the experience of the parties concerned.

defined

The legislative act must abide by the principle of
19.
proportionality
EC Treaty. Agreements
in the
between social partners must comply with the provisions laid
down in Articles 138 and 139 of
In the
explanatory memoranda to its proposals,
the Commission
will explain to the competent legislative authority its reasons
for proposing the use of this mechanism.

the EC Treaty.

In the context defined by the basic legislative act, the
20.
parties affected by that act may conclude voluntary agreements
for the purpose of determining practical arrangements.

The draft agreements will be forwarded by the Commission to
the legislative authority. In accordance with its responsibilities,
those draft
the Commission will verify whether or not
agreements comply with Community law (and,
in particular,
with the basic legislative act).

At the request of inter alia the European Parliament or of the
Council, on a case-by-case basis and depending on the subject,
the basic legislative act may include a provision for a
two-month period of grace following notification of a draft
to the European Parliament and the Council.
agreement
suggest
During that period, each Institution may either
amendments, if it is considered that the draft agreement does
not meet the objectives laid down by the legislative authority,
or object
that agreement and,
possibly, ask the Commission to submit a proposal for a legis-
lative act.

to the entry into force of

A legislative act which serves as the basis for a co-regu-
21.
lation mechanism will indicate the possible extent of co-regu-
lation in the area concerned. The competent
legislative
authority will define in the act the relevant measures to be
in the event of
taken in order to follow up its application,
non-compliance by one or more parties or if the agreement
fails. These measures may provide, for example, for the regular
supply of information by the Commission to the legislative
authority on follow-up to application or for a revision clause
the end of a
under which the Commission will report at
specific period and, where necessary, propose an amendment
to the legislative act or any other appropriate legislative
measure.

— Self-regulation

22.
Self-regulation is defined as the possibility for economic
operators, the social partners, non-governmental organisations
or associations to adopt amongst themselves and for them-
selves common guidelines at European level
(particularly
codes of practice or sectoral agreements).

the

As a general rule, this type of voluntary initiative does not
imply that
Institutions have adopted any particular
stance, in particular where such initiatives are undertaken in
areas which are not covered by the Treaties or in which the
Union has not hitherto legislated. As one of its responsibilities,
the Commission will scrutinise self-regulation practices in order
to verify that they comply with the provisions of the EC Treaty.

The Commission will notify the European Parliament
23.
and the Council of
the self-regulation practices which it
regards, on the one hand, as contributing to the attainment
of the EC Treaty objectives and as being compatible with its
provisions and, on the other, as being satisfactory in terms of
the representativeness of the parties concerned, sectoral and
geographical cover and the added value of the commitments
given. It will, nonetheless, consider the possibility of putting
forward a proposal for a legislative act,
in particular at the
request of the competent legislative authority or in the event
of a failure to observe the above practices.

Implementing measures (committee procedure)

24.
The three Institutions emphasise the important role
played by implementing measures in legislation. They note
the outcome of
the Convention on the Future of Europe
relating to the establishment of rules governing the exercise
by the Commission of the implementing powers conferred
on it.

The European Parliament and the Council emphasise that, in
accordance with their respective powers,
they have begun
consideration of the proposal which the Commission adopted
on 11 December 2002 with a view to amending Council
Decision 1999/468/EC (1).

(1) OJ L 184, 17.7.1999, p. 23.

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Improving the quality of legislation

The

their

three

exercising

Institutions,

25.
respective
powers, will ensure that legislation is of good quality, namely
that it is clear, simple and effective. The Institutions consider
that improvement of the pre-legislative consultation process
and more frequent use of impact assessments (both ex ante
this objective. They are
and ex post) will help towards
committed to the full application of
the Interinstitutional
Agreement of 22 December 1998 on common guidelines for
the quality of drafting of Community legislation.

(a) Pre-legislative consultation

26.
During the period preceding the submission of legis-
lative proposals, the Commission will, having informed the
European Parliament and the Council, conduct
the widest
possible consultations,
the results of which will be made
public. In certain cases, where the Commission deems it appro-
priate, the Commission may submit a pre-legislative consul-
tation document on which the European Parliament and the
Council may choose to deliver an opinion.

(b) Impact analyses

27.
Pursuant to the Protocol on the application of the prin-
ciples of subsidiarity and proportionality, the Commission will
take due account in its legislative proposals of their financial or
administrative implications,
for the Union and the Member
States in particular. Furthermore, each of the three Institutions
will take into account the objective of ensuring that application
in the Member States is appropriate and effective.

28.
The three Institutions agree on the positive contribution
of impact assessments in improving the quality of Community
legislation, with particular regard to the scope and substance
thereof.

29.
The Commission will continue to implement the inte-
grated advance impact-assessment process for major items of
draft legislation, combining in one single evaluation the impact
assessments relating inter alia to social, economic and environ-
mental aspects. The results of the assessments will be made
fully and freely available to the European Parliament,
the
explanatory
Council
memorandum to its proposals, the Commission will indicate
the manner in which the impact assessments have influenced
them.

general

public.

and

the

the

In

30. Where the codecision procedure applies, the European
Parliament and Council may, on the basis of jointly defined
criteria and procedures, have impact assessments carried out
prior to the adoption of any substantive amendment, either at
first reading or at the conciliation stage. As soon as possible
after this Agreement is adopted, the three Institutions will carry
their respective experiences and will
out an assessment of
consider
common
the
methodology.

establishing

possibility

of

a

out by their respective departments of the wording of texts
adopted under
the codecision procedure, with a view to
avoiding any inaccuracies or inconsistencies. To this end, the
Institutions may agree on a short period of grace in order to
allow such legal verification to be performed before the act is
finally adopted.

Better transposition and application

32.
The three Institutions emphasise the need for Member
States to comply with Article 10 of the EC Treaty, they call
upon the Member States to ensure that Community law is
properly and promptly transposed into national
law within
the prescribed deadlines; and they deem such transposition to
be essential to the consistent and effective application of that
legislation by the courts, the administrations, members of the
public and economic and social operators.

for the transposition of

The three Institutions will ensure that all directives
33.
include a binding time limit
their
provisions into national law. They will insert into directives a
time limit for transposition that is as short as possible and that
generally does not exceed two years. The three Institutions
hope that the Member States will make a renewed effort as
regards the transposition of directives within the time limits
which they
the European
the Commission is
Parliament and the Council note that
proposing to step up cooperation with the Member States.

connection,

In this

specify.

the power

The three Institutions point out that, under the EC Treaty, the
an infringement
Commission has
procedure
to
transpose legislation within the stipulated time limit; and the
European Parliament and Council note the commitments given
by the Commission on this subject (1).

in instances where

a Member State

to initiate

fails

34.
The Commission will draw up annual reports on the
transposition of directives in the various Member States, with
showing transposition rates. Those reports will be
tables
communicated to the European Parliament
and to the
Council, and will be made public.

The Council will encourage the Member States to draw up, for
themselves and in the interests of the Community, their own
tables which will, as far as possible, illustrate the correlation
between the directives and the transposition measures and to
make them public. It calls on those Member States which have
not yet done so to appoint a transposition coordinator as soon
as possible.

Simplifying and reducing the volume of legislation

In order to make Community law easier to read and to
35.
apply,
to update and
the three Institutions agree,
condense existing legislation and, secondly, significantly to
take the Commission's multiannual
simplify it. They will
programme as a basis for this task.

firstly,

(c) Consistency of texts

31.
The European Parliament and the Council will make all
appropriate arrangements for improving the scrutiny carried

(1) Commission communication of 12 December 2002 on better
the application of Community law, COM(2002)

monitoring of
725 final, p. 20 and 21.

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Legislation will be updated and condensed inter alia through the
repeal of acts which are no longer applied and through the
codification or recasting of other acts.

The purpose of legislative simplification is to improve and
adapt legislation by amending or replacing acts and provisions
which are too unwieldy and too complex to be applied. Such
simplification will be carried out
through the recasting of
existing acts or by means of new legislative proposals, whilst
In this
maintaining the substance of Community policies.
connection, the Commission will select the areas of current
law which are suitable for simplification, on the basis of
criteria laid down once the legislative authority has been
consulted.

36. Within six months of
Agreement comes into force,

the date upon which this
the European Parliament and

the Council, whose task it would be as legislative authority
to adopt at the final stage the proposals for simplified acts,
need to modify their working methods by introducing,
for
example, ad hoc structures with the specific task of simplifying
legislation.

Implementation and monitoring of the Agreement

The

implementation of

this Agreement will be
37.
monitored by the High-Level Technical Group for Interinstitu-
tional Cooperation.

The three Institutions will take the necessary steps to
38.
ensure that their staff have the means and resources required
for
this
Agreement.

implementation of

the provisions of

the proper

Hecho en Estrasburgo, el dieciseis de diciembre de dos mil tres.

Udfærdiget i Strasbourg den sekstende december to tusind og tre.

Geschehen zu Straßburg am sechzehnten Dezember zweitausendunddrei.

Έγινε στις Στρασβούργο, στις δέκα έξι ∆εκεµβρίου δύο χιλιάδες τρία.

Done at Strasbourg on the sixteenth day of December in the year two thousand and three.

Fait à Strasbourg, le seize décembre deux mille trois.

Fatto a Strasburgo, addi' sedici dicembre duemilatre.

Gedaan te Straatsburg, de zestiende december tweeduizenddrie.

Feito em Estrasburgo, em dezasseis de Dezembro de dois mil e três.

Tehty Strasbourgissa kuudentenatoista päivänä joulukuuta vuonna kaksituhattakolme.

Som skedde i Strasbourg den sextonde december tjugohundratre.

For the European Parliament

The President

For the Council

The President

For the Commission

The President

p.o.