Corrigendum : Communication from the Commission to the European Parliament and the Council Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures
Date: 2009-12-02
Institutions: European Commission
Subjects: EEC Treaty, Treaty of Lisbon, Treaty on European Union, codecision procedure, drafting of EU law, legal basis, proposal (EU)

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EUROPEAN COMMISSION 

Brussels, 11.12.2009 
COM(2009) 665 final/2 

CORRIGENDUM : remplacement de "approval procedure" par "consent procedure" 
Concerne la version EN 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Consequences of the entry into force of the Treaty of Lisbon for ongoing 
interinstitutional decision-making procedures  

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Consequences of the entry into force of the Treaty of Lisbon for ongoing 
interinstitutional decision-making procedures  

1. 

Following  the  entry  into  force  of  the  Treaty  of  Lisbon  on  1 December 2009,  the 
European Parliament and the Council will have to decide on proposals presented by 
the Commission, on the basis of the Treaties, before that date and that are at different 
stages of the legislative or non-legislative procedure1. 

The  entry  into  force  of  the  Treaty  of  Lisbon  will  have  different  types  of 
consequences for these pending proposals: 

(1) 

(2) 

The articles of the Treaty on European Union and of the Treaty establishing 
the  European  Community  that  constitute  the  legal  basis  or  bases  of  all  the 
proposals founded on these Treaties will be renumbered. With this in view, 
the  articles  of  the  Treaty  will  be  renumbered  automatically  on  the  basis  of 
Article 5  of  the  Treaty  of  Lisbon  and  in  accordance  with  the  tables  of 
equivalences set out in the Annex to that Treaty.   

In  practice,  the  institutions  must,  each  for  its  own  account,  apply  the  new 
numbering in the documents that they draw up following the entry into force 
of the Treaty of Lisbon. 

The  decision-making  procedure  will  be  different  for  some  pending 
proposals. In particular, the Treaty of Lisbon provides for extending what was 
known as the "co-decision procedure" and will from now on be referred to as 
the  "ordinary  legislative  procedure"  to  a  number  of  new  cases  and  provides 
for  applying  the  new  consent  procedure  to,  in  particular,  the  concluding  of 
international agreements. 

The new procedures must be applied as from the entry into force of the Treaty 
of Lisbon. 

(3) 

For a relatively limited number of proposals, the changes made by the Treaty 
of  Lisbon  entail  a  change  to  their  legal  basis  that  goes  beyond  a  mere 
change  to  the  numbering.  Through  this  Communication,  the  Commission 
formally modifies these proposals (Annex 1). 

(4) 

In  the  case  of  some  proposals,  the  legal  framework  has  been  radically 
changed by the Treaty of Lisbon. 

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The  terminology  used  takes  account  of  the  concepts  of  legislative  procedure  and  non-legislative 
procedure  laid  down  in  the  Treaty  of  Lisbon.  This  Communication  deals  with  ordinary  and  special 
legislative procedures, as well as non-legislative procedures initiated on legal bases in the Treaties. It 
does not cover procedures concerning implementing acts and delegated acts. 

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These  are  the  proposals  that  were  presented  by  the  Commission  under 
Title VI  of  the  Treaty  on  European  Union  and  that  from  now  on  fall  within 
the scope of the new Title V of the Treaty on the Functioning of the European 
Union.  Where  these  proposals  are  concerned,  it  is  not  possible  simply  to 
replace the current legal basis with a new one, given the nature and scope of 
these acts. 

These proposals, now ‘lapsed’, will be formally withdrawn and will, for the 
most part and as soon as possible, be replaced with new proposals that will 
take account of the new framework of the Treaty of Lisbon (Annex 2).  

(5)  Where, lastly, excessive deficits are concerned, the Commission will formally 
convert  its  recommendations  into  proposals,  made  under  Article 126(6) 
TFEU, ex-Article 104(6) of the EC Treaty (Annex 3). 

2. 

The  Commission  has  drawn  up  an  indicative  list  of  the  pending  proposals  it 
presented  before  the  entry  into  force  of  the  Treaty  of  Lisbon  (Annex 4).  The  legal 
bases derived from treaties other than the EC Treaty and the Treaty of Lisbon are not 
shown because they have not been amended. The list indicates the consequences of 
the entry into force of the Treaty of Lisbon for each of the proposals. The types of 
procedures are shown in Annex 5. 

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