Comments on the Council’s Rules of Procedure.
Date: 2023-03-24
Institutions: General Secretariat of the Council
Subjects: Council of the European Union, operation of the Institutions, powers of the institutions (EU), rules of procedure, user guide

Comments on 
the Council’s 
Rules of Procedure
⸺

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ENComments on 
the Council’s 
Rules of Procedure
⸺

ENContents

PART 1. FOREWORD  

  7

PART 2. COMMENTS ON THE COUNCIL’S RULES OF PROCEDURE     8

Introduction  

  9

Chapter 1.  Council structure  

  11
1.  The Council as a single legal entity  
  11
2.  Council configurations (Article 2 and Annex I CRP)    12
  12
  15
  16

A.  General  
B.  General Affairs configuration  
C.  Foreign Affairs configuration  
D.  Representation of the Member States in the 

Council  

3.  Coreper, committees and working parties 

(Articles 19 and 21 CRP)  
A.  Coreper  
B.  Committees set up by the Treaties or by the 

Council  

C.  Committees and working parties set up by 

Coreper  

D.  Presidency of Council’s preparatory bodies  

4.  The Presidency and the smooth conduct of 
discussions (Article 20 and Annex V CRP)  

  17

  19
  19

  23

  27
  28

  31

5.  The Secretary-General and the Council General 

Secretariat (Article 23 CRP)  
A.   The Secretary-General  
B.  The General Secretariat  

  34
  34
  35
6.  Specific situation during the COVID-19 pandemic     38

3

Contents

ENChapter 2.  The Council’s proceedings  

1.  Programming of Council proceedings 

(Article 2(6) and (7) CRP)  

2.  Notice and venue of meetings (Article 1 CRP)  

A.  Notice   
B.  Venue of meetings  
3.  Agenda (Article 3 CRP)  

A.  Drawing up of the provisional agenda  
B.  Adoption of the definitive agenda  
C.  Structure and contents of the agenda   

4.  Autonomy of the Council's decision-making and 

professional secrecy (Articles 5 and 6 CRP)  
A.  Participation in Council meetings  
B.  Occasional presence of third parties at 

Council meetings  
5.  Minutes (Article 13 CRP)  

A.  Structure and content of the minutes  
B.  Approval of minutes  

6.  Public access and transparency (Articles 5 to 10 

CRP)  
A.  Legislative deliberations, public 

deliberations and debates  

B.   Making agendas public  
C.  Making votes, explanations of votes, 

statements in the minutes and minutes 
public (Articles 7 and 9 CRP)  

D.  Other measures of legislative transparency  
E.  Public access to documents  
7.  Language rules (Article 14 CRP)  

A.  Language rules applying to the constituent 

Treaties  

B.  Language rules applying to the institutions 
of the European Union (official languages 
and working languages)  
C.  Use of additional languages  

Chapter 3.  Council decision-making  

1.  Voting arrangements (Article 11 CRP)  

A.  Decision to take a vote  
B.  Voting procedure  
C.  Absence of the possibility to participate in 

the vote  

4

  40

  40
  41
  41
  42
  42
  42
  47
  48

  54
  54

  56
  59
  59
  61

  62

  62
  65

  65
  68
  69
  69

  70

  70
  77

  79
  79
  79
  80

  85

Comments on the Council’s Rules of ProcedureEN2.  Quorum and delegation of voting rights (Articles 

4 and 11 CRP)  
A.  Quorum  
B.  Delegation of voting rights  
3.  Written procedure (Article 12 CRP)  
A.  Ordinary written procedure  
B.  Simplified written procedure (‘silence 

procedure’)  

Chapter 4.  Council acts and their form  

1.  Signing of acts (Article 15 CRP)  
2.  Title and form of regulations (Annex VI, Part A.1 

CRP)  

3.  Structure of regulations (Annex VI, Part A.2, 3 

and 4 CRP)  

4.  Title and form of other acts of secondary 

legislation (Annex VI Part B CRP)  

5.  Form of decisions referred to in Article 25 TEU 

(Annex VI Part C CRP)  

6.  Atypical acts  
7.  Publication of acts in the Official Journal of the 

European Union (Article 17 CRP)  

8.  Notification and transmission of acts (Article 18 

CRP)  

Chapter 5.  Other provisions  

1.  Security (Article 24 CRP)  
2.  Depositary of agreements (Article 25 CRP)  
3.  Representation of the Council before the 
European Parliament (Article 26 CRP)  

4.  Correspondence (Article 28 CRP)  

  87
  87
  88
  89
  90

  92

  95
  95

  96

  98

  99

  99
  100

  101

  104

  107
  107
  107

  108
  110

PART 3. RULES OF PROCEDURE OF THE EUROPEAN COUNCIL     112

5

Contents

ENPART 4. RULES OF PROCEDURE OF THE COUNCIL  

  122

PART 5. ANNEXES  

Annex I.  List of Council Configurations  

Annex II.  Specific provisions regarding public access to 

Council documents  

  152

  153

  155

Annex III.  Figures concerning the population of the Union 

and the population of each Member State for 
implementing the provisions concerning qualified 
majority voting in the Council  

  161

Annex IV.  Referred to in Article 16  

Annex V.  COUNCIL WORKING METHODS  

Annex VI.  PROVISIONS CONCERNING THE FORMS OF ACTS  

A.  Form of Regulations:  
B.  Forms of Directives, Decisions, 

Recommendations and Opinions  

C.  Forms of Decisions referred to in Article 25 of 

the TEU  

  164

  166

  169
  169

  171

  171

6

Comments on the Council’s Rules of ProcedureENForeword

The main purpose of the Comments on the Council’s Rules of 
Procedure is to provide guidance to all those called upon to 
find their way through the legal environment of the Council’s 
Rules of Procedure, such as the members of the Council and 
their representatives, the persons chairing any of the Council 
configurations or preparatory bodies, and the staff of the General 
Secretariat of the Council.

This publication has been compiled under the sole responsibility 
of the General Secretariat, more particularly by the Council Legal 
Service. It is an internal working document and has no legal force.

I hope that this guide will prove useful to delegations and to our 
colleagues in the General Secretariat, and that it will answer many 
of the questions that may arise about the functioning of the Council.

The relevant services of the Secretariat will of course be happy to 
provide any further information required.

Thérèse Blanchet
Secretary-General
Council of the European Union

7

Foreword

ENPart 1. 
Comments on 
the Council’s Rules 
of Procedure

Introduction

The Council’s Rules of Procedure (hereinafter referred to as ‘CRP’) 
constitute an essential instrument for the smooth operation of 
the institution. Within the framework established by the Treaty on 
European Union (hereinafter referred to as ‘TEU’) and the Treaty 
on the Functioning of the European Union (hereinafter referred to 
as ‘TFEU’), the CRP lay down a series of provisions governing the 
proceedings of the Council of the European Union.

The CRP apply to the Council itself (i.e. at the level of ministers) 
and to its preparatory bodies (the Permanent Representatives 
Committee, known as ‘Coreper’, committees and working parties). 
However, those provisions of the CRP that are directly linked to 
the formal decision-taking role of the Council (e.g. rules regarding 
the deadlines for Council agendas, voting, language versions of 
documents, opening meetings to the public and making documents 
public) apply only to the Council at the level of ministers and not to 
the Council’s preparatory bodies.

Like earlier editions, this edition of the Comments on the CRP is 
not intended to be exhaustive or to state the legal position; rather 
it is intended to serve as a practical guide. It is divided into five 
chapters:

I. 

II. 

III. 

IV. 

V. 

Council structure

Council proceedings

Council decision-making

Council acts and their form

Other provisions.

The twenty-eight articles of the CRP have been grouped together 
by subject under these five chapters. The CRP, in the latest version 

9

Comments on the Council’s Rules of Procedure

ENof 1 December 20091, are reproduced in Part 3 with the updated 
figures of the EU population for 2021 (these figures are updated 
every year by the Council). A new section has been introduced on 
the exceptional rules that were adopted in 2020 in order to adapt 
to the particular and exceptional situation caused by the COVID-19 
pandemic.

1 

Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s 
Rules of Procedure (OJ L 325, 11.12.2009, p. 35), as amended by Council 
Decision (EU) 2022/1242of 18 July 2022 (OJ L 190, 19.07.2022, p.137. 

10

Comments on the Council’s Rules of ProcedureENChapter I. 
Council structure

Although it meets in different configurations depending on the 
subject matter dealt with, the Council of the European Union 
(hereinafter referred to as ‘Council’) is a single legal entity. 
Its proceedings are prepared by Coreper and by specialised 
committees and working parties. The Council, whose President 
ensures that its proceedings run smoothly, is assisted by the General 
Secretariat of the Council (GSC), placed under the responsibility of a 
Secretary-General.

1. 

The Council as a single legal entity

The Council is a single legal entity, which may meet in different 
configurations (Agriculture and Fisheries, Environment, etc.) 
according to the subject matter dealt with (Article 2(1) CRP). 
Except for the configurations General Affairs and Foreign Affairs 
(Article 16(6) TEU; Article 2(2), (4) and (5) CRP), the remit of each 
configuration is not stated but follows from practice. The number 
of configurations was reduced from 22 to 16 in 2000 and then to 
9 in 2002. Since the entry into force of the Treaty of Lisbon it has 
increased to 10 through the splitting of the former General Affairs 
and External Relations Council into two Council configurations. 
The list of Council configurations (see point 2.A below), other 
than the General Affairs Council and the Foreign Affairs Council, 
is established by a decision of the European Council (Article 236 
TFEU), acting by reinforced qualified majority (see Chapter III, point 
1.B).

Three consequences follow from the fact that the Council is a single 
legal entity.

Firstly, a legal act concerning any subject falling within the Union’s 
competence can be adopted by any Council configuration. For 
example, a Council configuration can adopt as an A item (see 

11

Comments on the Council’s Rules of Procedure

ENChapter II, point 3.C(b)) an act falling within the remit of another 
configuration. A Council act has the same legal value regardless of 
the configuration that adopted it.

Secondly, because the Council is a single legal entity, there is no 
hierarchy among the different Council configurations. However, it is 
necessary to underline the coordinating role of the General Affairs 
Council (see point 2.B below) and its responsibility for institutional, 
administrative and horizontal matters, as well as the specific remit 
of the Foreign Affairs Council. The latter’s task is to ‘elaborate the 
Union’s external action on the basis of strategic guidelines laid 
down by the European Council and ensure that the Union’s action 
is consistent’ (Article 2(5) CRP and the third subparagraph of 
Article 16(6) TEU; see point 2.C below).

Thirdly, since the Council is a single legal entity, the office of the 
Presidency of the Council is also a single office. Thus, the rules 
applicable to the Presidency apply to any person chairing one of the 
Council configurations, including the Foreign Affairs configuration, 
or, as appropriate, one of the Council’s preparatory bodies, unless 
the CRP specify otherwise (Article 1(5) second subparagraph CRP).

2. 

Council configurations (Article 2 and Annex I 
CRP)

A. 

General

The European Council, acting by reinforced qualified majority 
(see Chapter III, point 1.B), establishes (or amends) the list of 
configurations in which the Council meets, other than those of the 
General Affairs Council and of the Foreign Affairs Council (Article 2(1) 
CRP; Article 236 TFEU). This list of Council configurations was 
established on 1 December 20092. It was amended by the Decision 

2 

Decision 2009/878/EU of the Council (General Affairs) of 1 December 2009 
establishing the list of Council configurations in addition to those referred 
to in the second and third subparagraphs of Article 16(6) of the Treaty on 
European Union (OJ L 315, 2.12.2009, p. 46). That first list was adopted on 
the basis of a transitional provision set out in Article 4 of Protocol (No 36) on 
transitional provisions.

12

Comments on the Council’s Rules of ProcedureENof the European Council of 16 September 20103, the substance 
which is reflected in Annex I to the CRP.

The ten configurations of the Council are as follows:

1. 
2. 
3. 
4. 
5. 
6. 

General Affairs;
Foreign Affairs4;
Economic and Financial Affairs5;
Justice and Home Affairs6;
Employment, Social Policy, Heath and Consumer Affairs;
Competitiveness (Internal Market, Industry, Research and 
Space)7 8;
Transport, Telecommunications and Energy;
Agriculture and Fisheries;
Environment;

7. 
8. 
9. 
10.  Education, Youth, Culture and Sport9.

Joint meetings of two or more Council configurations (‘jumbo 
meetings’) are strongly discouraged and must remain exceptional. 
More than one minister may, however, take part in a meeting of the 
same Council configuration. In that case, the Presidency should 
organise the Council’s proceedings by grouping together linked 
agenda items so that each member of the Council concerned 
can participate more easily. This is the practice notably for those 
configurations whose remits cover areas usually covered by 

3 

4 

5 
6 
7 
8 

9 

European Council Decision 2010/594/EU of 16 September 2010 amending the 
list of Council configurations (OJ L 263, 6.10.2010, p. 12).
Including the European Security and Defence Policy and Development 
Cooperation.
Including budget.
Including civil protection.
Including tourism.
A clear distinction has to be drawn between the Competitiveness (Space) 
configuration of the Council and the EU-European Space Agency Space 
Council, frequently referred to as 'the Space Council'. The Competitiveness 
(Space) Council is a configuration of the Council which is one of the 
institutions of the EU, acting in accordance with the Treaties, while the Space 
Council is a body set up by an international agreement concluded between 
the EU and European Space Agency. Any position to be presented on behalf of 
the EU to the EU-European Space Agency Space Council has to be established 
by the EU Council in full respect of the decision-shaping and decision-making 
autonomy of the EU before the meeting of the Space Council.
Including audio-visual affairs.

13

Comments on the Council’s Rules of Procedure

ENdifferent ministers, such as the Transport, Telecommunications 
and Energy or Competitiveness configuration. The Presidency will 
usually organise the agenda by grouping together items that belong 
to the same area.

The meals (breakfasts, lunches, dinners) that are frequently 
organised for the members of the Council on the occasion of 
Council meetings do not form part of the Council meeting. 
Discussions that take place at these meals are of an informal nature. 
It is only at the Council meeting that decisions can be adopted and 
conclusions can be approved, in conformity with the rules provided 
by the CRP, which are designed to safeguard the interests of Council 
members. Moreover, any deliberations on draft legislative acts 
must be held in the Council meeting so as to be able to respect the 
obligation to meet in public for such deliberations (see Chapter II, 
point 6). This means that any discussions held during such events 
cannot be of such a nature that they should be subject to publicity 
obligations as provided for in the Treaty.

Finally, it is the practice that each Council Presidency organises 
informal meetings of ministers in the Member State holding the 
Presidency of the Council. Such meetings are not Council meetings 
and cannot take the place of Council activities. The aim of these 
informal meetings is to enable joint reflection and an exchange of 
views that is as free as possible on topics of general scope. These 
meetings are outside the framework and the procedural rules laid 
down by the Treaties and are not subject to the CRP. In order to 
preserve the informal nature of these meetings, it was decided 
at the European Council meeting held in Helsinki on 10 and 11 
December 1999 that for informal ministerial meetings there should 
be no agenda and that the discussions can give rise neither to the 
production of Council documents, before or after the meeting, nor 
to the drafting of Council conclusions or Council decisions. Any 
press releases must clearly indicate the informal nature of these 
meetings. It was also decided to limit the number of informal 
ministerial meetings to five per Presidency10.

10 

See Section E of the Presidency conclusions of the Helsinki European Council 
in December 1999: ‘Informal meetings of Ministers … are not Council sessions 
and cannot replace the Council’s normal activities. […] A maximum of 5 
informal Ministerial meetings may be held during any Presidency’.

14

Comments on the Council’s Rules of ProcedureENThese informal meetings, which take place in the Member State 
holding the Presidency of the Council, should be distinguished 
from the informal meetings of ministers taking place by means of 
videoconference in view of the exceptional circumstances caused by 
the COVID-19 pandemic. Both are subject to the limitation that no 
adoption or approval of Council acts can take place. The informal 
meetings of ministers taking place by means of videoconference are 
subject to the specific ‘Modalities on the convening, preparation 
and organisation of informal videoconferences of ministers during 
the COVID-19 crisis’11 (see point 6). 

B. 

General Affairs configuration

he General Affairs Council carries out the preparations for and 
follow-up to the meetings of the European Council in liaison 
with the President of the European Council and the Commission 
(Article 16(6) second subparagraph TEU), including the coordination 
of all preparatory work, the general coordination of policies, 
institutional and administrative questions, horizontal dossiers 
affecting more than one Union policy, such as the multiannual 
financial framework and enlargement, and any dossier entrusted 
to it by the European Council (e.g. EU–UK relations), having regard 
to operating rules of the Economic and Monetary Union (EMU). 
It also ensures consistency in the work of the different Council 
configurations in cooperation with the Commission (Article 2(2) 
CRP).

The arrangements for the preparation of the European Council are 
provided for in Article 3 of the Rules of Procedure of the European 
Council (Article 2(3) CRP). At least four weeks before each ordinary 
meeting of the European Council, the President of the European 
Council draws up an annotated draft agenda in close cooperation 
with the Member State holding the Presidency of the Council 
and with the President of the Commission, and forwards it to 
the General Affairs Council. The General Affairs Council discusses 
draft guidelines for the European Council conclusions, draft 
conclusions and draft decisions of the European Council prepared 
by the President of the European Council, in the same spirit of 
close cooperation as for the annotated draft agenda. The General 

11 

Document 9188/20.

15

Comments on the Council’s Rules of Procedure

ENAffairs Council also holds a final preparatory meeting in the five 
days preceding the European Council meeting, following which the 
provisional agenda is drawn up by the President of the European 
Council. To ensure the best possible preparation of the proceedings 
of the European Council, no other configuration of the Council or 
preparatory committee for a Council may meet, to discuss a subject 
submitted to the European Council, between the final preparatory 
meeting of the General Affairs Council and the European Council 
meeting, except for imperative and unforeseeable reasons linked, 
for example, to current international events. The other Council 
configurations must therefore send their contributions to the 
proceedings of the European Council to the General Affairs Council 
at the latest two weeks before the European Council meeting. 
The definitive agenda is adopted by the European Council at the 
beginning of its meeting.

C. 

Foreign Affairs configuration

The Foreign Affairs Council elaborates the Union’s external action 
on the basis of strategic guidelines laid down by the European 
Council and ensures consistency of that action (Article 16(6) TEU; 
Article 2(5) CRP). It is responsible for the European Union’s external 
action as regards common foreign and security policy (CFSP), 
common security and defence policy, common commercial policy, 
development cooperation and humanitarian aid (Article 2(5) CRP).

The Foreign Affairs configuration is chaired by the High 
Representative of the Union for Foreign Affairs and Security 
Policy (hereinafter referred to as the ‘High Representative’). It is, 
however, possible for the High Representative to ask to be replaced 
by the member in the Foreign Affairs Council representing the 
Member State holding the Council Presidency (Article 2(5) second 
subparagraph CRP). This will normally be the case when the Council 
is convened to discuss common commercial policy issues12.

12 

See statement (a) regarding Article 2(5) second subparagraph CRP, which 
provides, ‘When the Foreign Affairs Council is convened to discuss common 
commercial policy issues, its President will ask to be replaced by the six-
monthly Presidency as provided for in Article 2(5), second subparagraph.’

16

Comments on the Council’s Rules of ProcedureEND. 

Representation of the Member States in the Council

According to Annex I CRP, ‘It is for each Member State to determine 
the way in which it is represented in the Council, in accordance with 
Article 16(2) TEU’.

Article 16(2) TEU states that ‘The Council shall consist of a 
representative of each Member State at ministerial level, who may 
commit the government of the Member State in question and cast 
its vote.’

Article 16(2) TEU in its current form was introduced in the Treaty of 
Maastricht and contains two cumulative conditions.

a. 

b. 

Firstly, the representative must be ‘at ministerial level’. 
This not only includes members of the central government 
(usually a Minister, a Vice-Minister, a Deputy-Minister or a State 
Secretary13), but also allows representatives of subentities at 
ministerial level (e.g. members of the government of regions, 
Länder, etc.) to qualify as full members of the Council.
Secondly, the representative must be able to commit the 
government of the Member State in question, that is, of the 
whole Member State and not only a subentity thereof, and to 
cast its vote.

These conditions apply to the representative of the Member State 
that chairs a Council meeting. The following are considered not to 
fulfil the conditions established in Article 16(2) TEU: a Permanent 
Representative, a Deputy Permanent Representative, an attaché 
in the Permanent Representation, a Secretary-General, a Director-
General, a Director or any other civil servants of national ministries. 

13 

With regard to State Secretaries, the situation varies from one Member State 
to another. In some Member States, State Secretaries are cabinet members, 
take part in government meetings and thus fulfil the conditions of Article 16(2) 
TEU. Similarly, in some Member States, State Secretaries, while being the 
highest officials in the ministry, are politically appointed and lose their 
position when the government falls, and thus they also fulfil the conditions 
of Article 16(2) TEU. In other Member States, however, State Secretaries are 
simply high officials and not politically appointed. They do not fulfil these 
conditions. 

17

Comments on the Council’s Rules of Procedure

EN 
This implies that, if the representative at ministerial level of the 
Member State that chairs the Council meeting is temporarily 
prevented from chairing the meeting, he or she cannot be replaced 
for chairing the Council meeting by any of the aforementioned 
persons, but needs to be replaced by another Council member at 
ministerial level either from the same government or from another 
Member State (normally the next six-monthly Presidency) (see point 
3.D).

Without prejudice to Article 16(2) TEU and the rules on the quorum 
(see Chapter III, point 2.A), it is for each member of the Council 
to decide on the composition of his or her delegation in the way 
he or she deems appropriate subject to the rules set out in the 
Treaties and the CRP14. Firstly, Article 5(3) CRP provides that the 
member of the Council may be accompanied by officials who assist 
him or her. Reference to officials makes it clear that these are 
persons participating in the exercise of public service. Secondly, 
it is appropriate to mention the nationality of the members of 
a delegation, which, according to Article 5(3) CRP, includes the 
member of the Council and the persons accompanying him or 
her. In this respect, it should be noted that it follows from the 
system of the Treaties, and from Article 16 TEU in particular, that 
the representation of the governments of the Member States in 
the Council belongs to nationals of the Member State concerned 
or, in any event, of a national of one of the Member States of the 
European Union. Therefore, the presence at a Council meeting of 
a national of a third country as a member of the delegation of a 
member of the Council should be ruled out, as it could be regarded 
as a factor that could affect the decision-making autonomy of the 
Council15. The same rules apply where the applicable rules of a 
Member State allow a national of a third country to become part 
of the public service of that Member State. Should a member of 
the Council wish to include an official who is a national of a third 
country in his or her delegation, the Council should assess whether 
this poses a risk for the decision-making autonomy of the Council, 

14 

15 

The Council may, in accordance with Article 5(3) CRP, limit the maximum 
number of persons per delegation present in the Council meeting room.
This question is different from that concerning the arrangements for the 
presence of representatives of third States or international organisations at all 
or part of any given Council meeting (see Chapter II, point 4.B).

18

Comments on the Council’s Rules of ProcedureENand decide whether or not to accept the presence of such a national 
of a third country. This is a procedural decision subject to a simple 
majority. The same rules apply to the members of a delegation of 
a Member State in the meetings of the preparatory bodies of the 
Council.

Article 5(3) CRP lays down that the names and functions of the 
officials forming part of the delegation of a member of the Council 
must be notified in advance to the GSC. Admission to Council 
meetings is subject to the production of a pass issued by the GSC.

A member of the Council who is prevented from attending a 
meeting may arrange to be represented (Article 4 CRP). In practice, 
that member is represented by the Permanent Representative or 
his or her Deputy. However, that representative is not allowed to 
cast the vote of the relevant Member State, as the right to vote 
may only be exercised by a member of the Council. According to 
Article 239 TFEU, which is reproduced in the CRP (Article 11(3) CRP), 
‘Where a vote is taken, any member of the Council may also act on 
behalf of not more than one other member.’ This is also known as 
delegation of voting rights (see Chapter III, point 2.B). While the 
sense of the vote (yes, no or abstention) and possible statements 
accompanying such a vote are expressed by the person replacing 
the absent Council member, the actual vote is cast by another 
Council member without the need for an express delegation to 
be made, as is expressly provided by the Treaty itself (Article 239 
TFEU) and repeated by Article 11(3) CRP. Where a member of the 
Council arranges to be represented by a person who does not 
meet the definition of ‘member of the Council’ within the meaning 
of Article 16(2) TEU, that representative is not included for the 
purposes of verifying the quorum (see Chapter III, point 2.B).

3. 

Coreper, committees and working parties 
(Articles 19 and 21 CRP)

A. 

Coreper

As its name indicates, Coreper (which is the French acronym 
for Comité des représentants permanents) is composed of the 
Permanent Representatives of the Governments of the Member 
States to the European Union. The reference to ‘Governments’ was 

19

Comments on the Council’s Rules of Procedure

ENadded in Article 16(7) TEU and in Article 240(1) TFEU by the Treaty 
of Lisbon in order to underline that Permanent Representations 
express the positions of their Governments, not of the ministries 
to which they are attached. Coreper is divided into two parts, 
the first (Coreper 1) being composed of the Deputy Permanent 
Representatives, and the second (Coreper 2) being composed of the 
Permanent Representatives themselves. In spite of this, Coreper is, 
like the Council, a single entity.

In accordance with Article 19(1) CRP, Coreper prepares the work of 
all the meetings of the Council and examines in advance all items 
on the agenda of such meetings. Coreper also carries out the tasks 
assigned to it by the Council; it ensures consistency of the Union’s 
policies and actions and observance of the following principles and 
rules:

• 

• 

• 
• 

the principles of legality, subsidiarity, proportionality and 
providing reasons for acts;
rules establishing the powers of Union institutions, bodies, 
offices and agencies;
budgetary provisions;
rules on procedure, transparency and the quality of drafting.

As allowed by the TFEU (Article 240(1) last sentence), it may adopt 
the following procedural decisions16, provided that the items 
relating thereto have been included on its provisional agenda at 
least three working days before the meeting, unanimity of Coreper 
being required for any derogation from that period (Article 19(7) 
CRP):

decision to hold a Council meeting in a place other than 
Brussels or Luxembourg;
authorisation to produce a copy of or an extract from a Council 
document for use in legal proceedings;

The conclusion by a Presidency that, following a debate in Coreper, a file 
should be returned to the working party because, for example, it is not yet 
ripe for submission to the Council or for the opening of negotiations with the 
European Parliament, does not constitute a procedural decision as such but 
rather forms part of Coreper’s core function of being the Council’s principal 
preparatory body.

• 

• 

16 

20

Comments on the Council’s Rules of ProcedureEN• 

• 

• 
• 
• 

• 

• 

• 

• 

decision to hold a public debate in the Council or not to hold 
in public a given Council deliberation;
decision to make the results of votes and the statements 
entered in the Council minutes public in the cases laid down 
in Article 9(2) CRP;
decision to use the written procedure;
approval or amendment of Council minutes;
decision to publish or not to publish a text or an act in the 
Official Journal of the European Union;
decision to consult an institution or body wherever such 
consultation is not required by the Treaties;
decision setting or extending a time limit for consultation of 
an institution or body;
decision to extend the periods laid down in Article 294(14) 
TFEU;
approval of the wording of a letter to be sent to an institution 
or body.

Procedural decisions often do not take a particular form, except 
for a mention in Coreper’s summary of proceedings. A letter to be 
sent to an institution or body may be signed by the Chairperson of 
Coreper.

Coreper 1 prepares the work of six Council configurations: 
Agriculture and Fisheries; Competitiveness; Transport, 
Telecommunications and Energy; Environment; Education, 
Youth, Culture and Sport; and Employment, Social Policy, Health 
and Consumer Affairs. Coreper 2 prepares the work of four 
configurations: General Affairs; Foreign Affairs; Economic and 
Financial Affairs; Justice and Home Affairs.

The chief role of Coreper is to coordinate and prepare the work 
of the different Council configurations and to attempt to find, at 
its level, an agreement that will subsequently be submitted for 
adoption by the Council.

In this framework, Coreper ensures adequate presentation of 
each file to the Council. It evaluates the different aspects of the 
file, defines the options available and prepares the Council’s 
deliberations, drafting, where necessary, suggestions.

21

Comments on the Council’s Rules of Procedure

ENCoreper’s central role is illustrated by the fact that all the items 
included on the Council’s agenda must be examined beforehand by 
Coreper (1 or 2) unless, for reasons of urgency, the Council decides 
unanimously to settle the matter without prior examination or 
Coreper itself has decided (by a simple majority) to refrain from 
prior examination (Article 19(2) CRP).

It should, however, be emphasised that any agreement worked 
out by Coreper can always be called into question by the Council, 
which alone has the power to make decisions. Coreper is therefore 
neither an EU institution nor a decision-making body that can 
replace the Council. It is certainly vested with its own powers (see 
the above list of procedural decisions that can be taken by Coreper), 
but it can take a formal decision only in this limited sphere. It is 
a preparatory body or, as described by the Court of Justice, ‘an 
auxiliary body of the Council, for which it carries out preparation 
and implementation work. Coreper’s function of carrying out the 
tasks assigned to it by the Council does not give it the power to take 
decisions which belongs, under the Treaty, to the Council’17. 

Coreper 2 is chaired by the Permanent Representative, and 
Coreper 1 by the Deputy Permanent Representative, of the Member 
State which holds the Presidency of the General Affairs Council 
(Article 19(4) CRP).

Coreper’s agenda is divided into two parts: I and II. Part I, like the 
A items on the Council’s agenda (see Chapter II, point 3), includes 
items that do not in principle require discussion by Coreper, 
whereas Part II, like the B items on the Council’s agenda, entails 

17 

Judgment of 19 March 1996, Commission v Council, EU:C:1996:114, paragraphs 
26 and 27. It should, however, be noted that any decisions taken by Coreper 
intended to produce legal effects are challengeable acts. According to the 
Court of Justice, ‘Whilst the function of preparing the work of the Council 
and of carrying out the tasks assigned by it does not give Coreper the power 
to take decisions, a power which belongs, under the Treaties, to the Council 
(see, to that effect, judgment of 19 March 1996, Commission v Council, C-25/94, 
EU:C:1996:114, paragraph 27), the fact remains that, as the European Union 
is a union based on the rule of law, a measure adopted by Coreper must be 
amenable to judicial review where it is intended, as such, to produce legal 
effects (…) ” (judgment of the Court (Grand Chamber) of 20 November 2018, 
Commission v Council, joined cases C-626/15 and C-659/16, EU:C:2018:925, 
paragraph 61). 

22

Comments on the Council’s Rules of ProcedureENdiscussion. If Coreper reaches agreement on a II item on its agenda, 
that item will normally become an A item on the Council’s agenda. 
When an item has been resolved at the level of the working party, 
it normally becomes a I/A item, that is, one that will be treated 
without discussion at Coreper and Council levels.

In principle, Coreper meets at least once a week. Preparations for 
its work are made the day before by the closest collaborators of the 
members of Coreper, who meet under the names ‘Mertens Group’ 
for Coreper 1 and ‘Antici Group’ for Coreper 2. The Antici Group 
(named after its first Chairman) was set up in 1975 to review the 
agenda for Coreper 2 and settle technical and organisational details. 
The Mertens Group (also named after its first chairman) was set up 
for the same purpose in 1993. That preparatory stage also makes 
it possible to form an initial idea of the positions that the various 
delegations will take at the Coreper meeting.

B. 

Committees set up by the Treaties or by the Council

The Treaties or Council decisions set up certain specific committees 
responsible for coordinating activities in a particular field. However, 
given the institutional unity provided for in the preamble to 
the TEU (single institutional framework), those committees are 
without prejudice to Coreper’s central role. Each provision of the 
Treaty setting up one of those committees specifically reserves 
the application of Article 240 TFEU, that is, Coreper’s general 
responsibility for preparing the work of the Council. Reports from 
those committees must be available in sufficient time before the 
Coreper meeting at which they are to be examined (Article 21 CRP).

The Economic and Financial Committee18, provided for by 
Article 134(2) TFEU, is responsible for monitoring the economic 
and financial situation of the Member States and of the Union 
and periodically submitting a report on it to the Council and 
the Commission, and for delivering opinions for submission to 
the Council and the Commission. It is also responsible, without 

18 

Council Decision 1999/8/EC of 31 December 1998 adopting the Statutes of the 
Economic and Financial Committee (OJ L 5, 9.1.1999, p. 71); Council Decision 
2012/245/EC of 26 April 2012 on a revision of the Statutes of the Economic and 
Financial Committee (OJ L 121, 8.5.2012, p. 22).

23

Comments on the Council’s Rules of Procedure

ENprejudice to Article 240 TFEU, for contributing to the preparation 
of the Council’s work in various fields, such as those concerning 
safeguard measures in the matter of movements of capital or 
those concerning the coordination of the economic policies of the 
Member States, and for carrying out the other tasks assigned to it by 
the Council. Finally, it is responsible for examining the situation as 
regards capital movements and freedom of payments. In addition 
to these tasks, the Committee monitors the monetary and financial 
situation and the general payments arrangements in the Member 
States that enjoy a derogation from the rules of Economic and 
Monetary Union. The particular role of this Committee is specifically 
pointed out in a footnote to Article 19 CRP. Unusually, the 
Commission’s staff, not the staff of the GSC, provides the secretariat 
of this preparatory body of the Council.

The Economic Policy Committee19 contributes to preparing 
the work of the Council by providing economic analyses, 
methodological opinions and draft policy recommendations 
concerning, in particular, structural policies aimed at improving 
the potential for growth and employment in the Union. In carrying 
out its task, the Committee works in close cooperation with the 
Economic and Financial Committee when it reports to the Council. 
Here too, the Commission staff, not the staff of the GSC, provides 
the secretariat.

The Special Committee on Agriculture (SCA), set up in May 196020, 
is specifically responsible for preparing many matters falling within 
the scope of the Agriculture and Fisheries Council. In practice, this 
committee plays the same role in the agricultural area (but not in 
the area of veterinary and plant health measures) as Coreper does 
in other areas. The practice is that those items that the SCA has 
examined are therefore included directly on the agendas of the 
Agriculture and Fisheries Council.

19 

20 

Council Decision 2000/604/EC of 29 September 2000 concerning the 
composition and the statutes of the Economic Policy Committee (OJ L 257, 
11.10.2000, p. 28).
The Special Committee on Agriculture (SCA) was established by a decision of 
the Council of 20 July 1960. The Council confirmed its mandate as formulated 
in the decision of the representatives of the governments of the Member 
States meeting within the Council on 12 May 1960 to prepare decisions of the 
Agriculture Council.

24

Comments on the Council’s Rules of ProcedureENThe Special Committee for the Common Commercial Policy (known 
as the ‘Trade Policy Committee’ referred to in Article 207 TFEU) 
is responsible for assisting the Commission when, after receiving 
authorisation from the Council, it conducts negotiations for the 
conclusion of international trade agreements.

The Standing Committee set up to strengthen cooperation within 
the Union on internal security (known as ‘COSI’ (which is the French 
acronym for Comité permanent de coopération operationelle en 
matière de la sécurité intérieure) and established by Article 71 TFEU) 
facilitates the coordination of Member States’ actions, without 
prejudice to Article 240 TFEU21. 

 The Employment Committee22, set up in accordance with 
Article 150 TFEU, is responsible for monitoring the employment 
situation and employment policies in the Member States and in the 
Union and for delivering opinions. It is also responsible, without 
prejudice to Article 240 TFEU, for contributing to the preparation of 
the Council’s work in various fields. The Commission is entrusted 
with the task of providing adequate analytical and organisational 
support for the Committee. In this respect the Commission’s staff 
acts as secretary to assist the Committee. The Commission must, 
however, liaise with the GSC with regard to the holding of meetings.

The Committee on Social Protection23, set up in accordance with 
Article 160 TFEU, delivers opinions at the request of the Council 
and the Commission or on its own initiative. The Committee’s 
task is to monitor the social situation and social protection policy 
developments in the Member States and in the Union, to promote 
exchanges of information, experience and good practice between 
the Member States and with the Commission, and to prepare 
reports, deliver opinions or undertake other action in the areas 
falling within its competence. Here too, the Commission is entrusted 
with the task of providing adequate analytical and organisational 

21 

22 

23 

Council Decision 2010/131/EU of 25 February 2010 on setting up the Standing 
Committee on operational cooperation on internal security (OJ L 52, 3.3.2010, 
p. 50).
Council Decision (EU) 2015/772 of 11 May 2015 establishing the Employment 
Committee and repealing Decision 2000/98/EC (OJ L 121, 14.05.2015, p. 12).
Council Decision (EU) 2015/773 of 11 May 2015 establishing a Social Protection 
Committee and repealing Decision 2004/689/EC (OJ L 121, 14.05.2015, p. 16).

25

Comments on the Council’s Rules of Procedure

ENsupport for this Committee. In this respect the Commission’s staff 
acts as secretary to assist the Committee. The Commission must, 
however, liaise with the GSC with regard to the holding of meetings.

The Political and Security Committee (PSC), provided for in 
Article 38 TEU, plays an important role in the CFSP, including the 
common security and defence policy. It performs two functions24. 
Firstly, it monitors the international situation in the areas falling 
within the CFSP and contributes to the definition of policies, 
delivering opinions within the Council, without prejudice to 
Article 240 TFEU. Secondly, under the responsibility of the Council 
and of the High Representative, it ensures the political control 
and strategic direction of crisis management operations referred 
to in Article 43 TEU and may, within this framework and when it 
is empowered to do so by the Council, take decisions in this area. 
Under Article 19(4) CRP, this committee must be chaired by a 
representative of the High Representative25.

The Military Committee of the European Union (EUMC)26, which 
is composed of the Member States’ Chiefs of Defence, represented 
by their military representatives, is responsible for providing the 
PSC with advice and recommendations on EU military matters. It 
exercises direction of all military activities within the EU framework.

The Committee for Civilian Aspects of Crisis Management 
(CIVCOM)27 is tasked with formulating recommendations and 
giving advice on civilian aspects of crisis management to the PSC 
and other appropriate Council bodies, in accordance with their 
respective areas of responsibility.

24 

25 

26 

27 

The Annex to the Council Decision of 22 January 2001 setting up the Political 
and Security Committee (OJ L 27, 30.1.2001, p. 1) defines these functions in 
detail.
This rule is provided for in Article 2, second paragraph, of the European 
Council Decision of 1 December 2010 on the exercise of the Presidency of the 
Council (OJ L315 of 2.12.2009, p.50).
Council Decision No 2001/79/CFSP of 22 January 2001 setting up the Military 
Committee of the European Union (OJ L 27, 30.1.2001, p. 4).
Council Decision No 2000/354/CFSP of 22 May 2000 setting up a Committee for 
civilian aspects of crisis management (OJ L 127, 27.5.2000, p. 1).

26

Comments on the Council’s Rules of ProcedureENThe Security Committee28 is composed of representatives of the 
national security authorities of the Member States and is attended 
by a representative of the Commission and of the European 
External Action Service. It is chaired by the Secretary-General or 
his or her delegate, and has the power to examine and assess all 
security matters relating to Council proceedings, and to make 
recommendations to the Council as appropriate.

Lastly, the Financial Services Committee, set up in February 
200329, is responsible for providing advice to the Council and 
the Commission on a range of financial market issues. More 
specifically, the committee is responsible for, among other things, 
helping to define the medium- and long term strategy for financial 
services issues, providing political advice, and following up both 
internal issues (e.g. single market, including implementation of 
the financial services action plan) and external issues (e.g. World 
Trade Organization).

C. 

Committees and working parties set up by Coreper

To help prepare the Council’s work, Coreper may set up committees 
or working parties and define their mandates (Article 19(3) CRP). 
These working parties are composed of delegates from each 
Member State. They may be more or less permanent as required. 
At present, there are roughly 130 such committees or working 
parties covering the range of the Council’s activities. A list of these 
preparatory bodies is regularly updated by the GSC30. In line with 
the conclusions of the 1999 European Council in Helsinki, the 
Council and Coreper refrain from setting up any new high level 
working parties.

Reports from Council committees and working parties must be 
available in good time for the Coreper meeting at which they are to 
be examined. It is the responsibility of the Presidency, pursuant to 
Article 21(1) CRP, assisted by the GSC, to organise the meetings of 

28 

29 

30 

Council Decision No 2013/488/EU of 23 September 2013 on the security rules 
for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).
Council Decision No 2003/165/EC of 18 February 2003 concerning the 
establishment of the Financial Services Committee (OJ L 67, 12.3.2003, p. 17).
The latest list at the time of publication is contained in Council document 
10903/22 of  7 July 2022.

27

Comments on the Council’s Rules of Procedure

ENthe various committees and working parties so that their reports 
are available before the Coreper meeting at which they are to be 
examined. To do so, before the start of its six-month term, the 
Presidency draws up a timetable of the meetings it plans to hold 
for the various working parties and committees. That timetable 
has to be adjusted in accordance with the progress of proceedings. 
Article 21 CRP lays down that the Presidency must postpone to 
a subsequent Coreper meeting any legislative items which the 
committee or working party has not finished discussing at least five 
working days prior to Coreper’s meeting, unless considerations of 
urgency require otherwise.

If a working party reaches agreement on a file, the item concerned 
is placed on the agenda for Coreper (as a I item) and then normally 
entered as an A item in the relevant part31 of the Council’s agenda. 
However, it is still possible for any member of Coreper or the 
Council, or the Commission, to express an opinion when I/A items 
are being approved and to have statements entered in the Council 
minutes (Article 3(6) CRP), or indeed to change his or her opinion 
and request a debate or a postponement of the item in question.

D. 

Presidency of Council’s preparatory bodies

On 1 December 2009 the European Council adopted a Decision 
on the exercise of the Presidency of the Council32, which has been 
implemented by Council Decision 2009/908/EU33. In accordance 
with the European Council Decision, the Presidency of the Council, 
with the exception of the Foreign Affairs configuration, is held by 
pre-established groups of three Member States for a period of 18 
months (the ‘Trio Presidency’). These groups are made up on the 
basis of equal rotation among Member States, taking into account 
their diversity and geographical balance within the Union. Each 

31 

32 
33 

The Council’s provisional agenda is divided into a first part entitled 
‘Legislative deliberations’ and a second part entitled ‘Non-legislative 
activities’. Both parts are further sub-divided into two parts containing 
respectively A items and B items.
OJ L 315, 2.12.2009, p. 50.
Council Decision 2009/908/EU of 1 December 2009 laying down measures for 
the implementation of the European Council Decision on the exercise of the 
Presidency of the Council, and on the chairmanship of preparatory bodies of 
the Council (OJ L 322, 9.12.2009, p. 28).

28

Comments on the Council’s Rules of ProcedureENmember of the group in turn, for a period of six months, chairs all 
configurations of the Council, with the exception of the Foreign 
Affairs configuration. The members of the group may, however, 
agree to alternative arrangements among themselves.

The composition of the Trio Presidency and the order in which the 
Member States hold the Presidency are set out in Council Decision 
2009/908/EU34, as amended by Council Decision 2016/1316/EU35. In 
effect, the six-monthly Presidency system has been kept after the 
Treaty of Lisbon. The concrete expression of the Trio Presidency 
is the existence of the 18-month programme and the mutual help 
they can bring to each other, such as the replacement of a President 
where necessary (Article 20(2) CRP).

All the Council’s preparatory bodies are chaired by a delegate of 
the Member State which holds the Presidency, unless otherwise 
provided for or the Council decides otherwise by reinforced 
qualified majority (Article 19(4) CRP) (see Chapter III, point 1.B). 
It follows that, although committees and working parties are, as 
a general rule, chaired by a delegate of the Member State holding 
the six-monthly Presidency of the Council, the Council may decide 
otherwise in individual cases. For example, it may confer the 
chairmanship of a committee or a working party, for a certain 
period, on an elected chair or on a person other than a delegate of a 
Member State, such as a member of staff of the GSC.

The preparatory bodies of the Foreign Affairs Council are chaired 
in accordance with Annex II to Council Decision 2009/908. Thus, 
geographic preparatory bodies, most of the CFSP-related horizontal 
preparatory bodies and most of those related to the common security 
and defence policy (e.g. Military Committee of the European Union, 
Committee for Civilian Aspects of Crisis Management) are chaired by a 
representative of the High Representative.

34 

35 

See Annex I to Council Decision 2009/908/EU, which lays down the order of 
presidencies in groups of three Member States.
Council Decision (EU) 2016/1316 of 26 July 2016 amending Decision 2009/908/
EU, laying down measures for the implementation of the European Council 
Decision on the exercise of the Presidency of the Council, and on the 
chairmanship of preparatory bodies of the Council (OJ L 208, 2.8.2016, p. 42).

29

Comments on the Council’s Rules of Procedure

ENAnnex III to the abovementioned Council Decision lists the 
preparatory bodies with a fixed chair; some of these bodies have 
elected chairpersons (e.g. Economic and Financial Committee, 
Economic Policy Committee, Military Committee) while others are 
chaired by members of the GSC (e.g. Security Committee, Working 
Party on Codification).

In addition, it may happen that the Member State next holding 
the Presidency is unable to provide a chairperson for a particular 
preparatory body during the period of its Presidency. It may request 
that (an)other Member State(s) chair that preparatory body during 
that period (normally either from the pre-established group of three 
Member States referred to in Article 1(4) CRP or from the next six-
monthly Presidency) (Article 20(2) CRP). The Council must approve 
such arrangements beforehand by a reinforced qualified majority 
(see Chapter III, point 1.B).

When preparing for a meeting of a Council configuration that 
convenes only once every six months, where that meeting is 
held during the first half of the six-month period, meetings of 
committees, other than Coreper, and those of working parties held 
during the preceding six months may be chaired by a delegate of 
the Member State whose turn it is to chair the said Council meeting 
(Article 19(5) CRP).

Similarly, when a file is essentially dealt with during a given six-month 
period, a delegate of the Member State holding the Presidency during 
that six-month period may, during the preceding six month period, 
chair meetings of committees, other than Coreper, and of working 
parties when they discuss that file, in accordance with arrangements 
agreed between the two presidencies concerned (first subparagraph 
of Article 19(6) CRP). This applies except where the Council has made 
other chairing arrangements.

Furthermore, when the Union budget is being examined, meetings 
of the Council’s preparatory bodies, other than Coreper, dealing 
with budget items must be chaired by a delegate of the Member 
State which is to hold the Council Presidency during the second six-
month period of the year prior to the financial year of the budget in 
question (Article 19(6) second subparagraph CRP).

30

Comments on the Council’s Rules of ProcedureENWithout prejudice to the provisions of Article 19(4) to (6) CRP and 
to its powers and its overall political responsibility, the six-monthly 
Presidency is to be assisted by the other members of the pre-
established group of three Member States referred to in Article 1(4) 
CRP or, where appropriate, by the representative of the Member 
State next holding the Presidency. At the Presidency’s request and 
acting on its instructions, the latter representative or a member 
of the group of three replaces it as and when required, relieves it, 
where necessary, of certain administrative tasks and ensures the 
continuity of the Council’s proceedings (Article 20(2) CRP). The aim 
of the above rules is to ensure continuity as far as possible.

Hence, if a Minister, a Permanent Representative or a Deputy 
Permanent Representative of the six-monthly Presidency is 
temporarily unable to chair, he or she may be replaced by, 
respectively, a Minister, a Permanent Representative or a Deputy 
Permanent Representative, normally from the next six-monthly 
Presidency. The Permanent Representative or Deputy Permanent 
Representative of the six-monthly Presidency cannot chair a Council 
meeting if a Minister is prevented from chairing.

Likewise, when a chairperson of a working party or a committee is 
temporarily prevented from chairing a meeting and the Presidency 
cannot find a replacement, a delegate of one of the group of three 
or of the following Presidency will, in principle, act as chairperson 
(normally from the next six-monthly Presidency).

4. 

The Presidency and the smooth conduct of 
discussions (Article 20 and Annex V CRP)

The Presidency is responsible for organising the Council’s work, 
for which it has a wide margin of discretion. It is responsible for 
ensuring that discussions are conducted smoothly. To that end, it 
makes sure that the CRP are applied and that Article 20 and Annex 
V ‘Council’s working methods’ are complied with; these provisions 
apply both to the Council and to its preparatory bodies.

31

Comments on the Council’s Rules of Procedure

EN(a) 

 Concerning the preparation for meetings (Article 20(1) CRP 
and points 1 to 5 of Annex V CRP):

The Presidency ensures that no file is submitted to Coreper 
unless there is reasonable prospect of progress or clarification 
of positions being achieved at that level, and that files are 
referred back to a working party or a committee only when 
necessary, with a precise and well-defined remit.
The Presidency takes the steps necessary to advance work 
between meetings, for example by drafting compromise texts, 
holding consultations on specific problems or conducting 
written consultations (e.g. by requesting delegations to give 
their reactions in written form to a proposal in writing before 
the next meeting of the working party or committee).
Whenever appropriate, delegations should set out the 
positions they are likely to take at a forthcoming meeting 
in written form before that meeting. When that includes 
proposals for amending texts, delegations should suggest 
specific wording. Wherever possible, written input should be 
submitted jointly by delegations taking the same positions.
When preparing Coreper proceedings, the Presidency 
conveys to delegations all the information necessary for 
thorough preparation as soon as possible, including what the 
Presidency expects to achieve from the discussion on each 
agenda item. Conversely, the Presidency will, as appropriate, 
encourage delegations to inform other delegations of the 
positions they will be taking in Coreper when Coreper’s 
proceedings are being prepared. Against this background, the 
Presidency finalises Coreper’s agenda. If necessary, it may 
convene the working parties preparing Coreper’s proceedings 
more frequently.
Coreper should avoid going over ground already covered 
in the Antici and Mertens meetings and, wherever possible, 
delegations should raise ‘Any other business’ items during 
such meetings rather than in Coreper itself.

Concerning the conduct of meetings (Article 20(1) CRP and 
points 6 to 16 of Annex V CRP)

No item should be placed on the Council agenda simply for 
presentation purposes, except where a debate on major new 

• 

• 

• 

• 

• 

• 

(b) 

• 

32

Comments on the Council’s Rules of ProcedureENinitiatives is planned; the Presidency should refrain from 
placing items that are purely for information purposes on 
Coreper’s agenda. Such information should preferably be 
forwarded in writing when Coreper’s proceedings are being 
prepared.
The Presidency may restrict the numbers per delegation 
present in the meeting room for discussion of a specific item, 
and decide whether to open an overflow room; it can also set 
the order in which items are to be taken and determine the 
duration of discussions on them; likewise, it can organise the 
time allotted for discussion of a specific item, in particular 
through limiting the time during which participants may speak 
and determining the order in which they may take the floor. 
In this connection, the Presidency indicates at the start of the 
meeting the length of time it intends to devote to each item; 
it refrains from making lengthy introductions or repeating 
information that has already been brought to delegations’ 
attention; at the start of discussion on a point it also tells 
delegations how long they may speak.
Full table rounds should not be allowed; the Presidency 
gives as much focus as possible to discussions, in particular 
by requesting delegations to respond to compromise 
texts or specific proposals; it refrains from making lengthy 
summaries of discussions at the end of meetings. For their 
part, delegations should avoid repeating points made by 
previous speakers and refrain from taking the floor when in 
agreement with a proposal; in this case silence is taken as 
agreement in principle.
The Presidency may ask delegations to present, in writing, 
their proposals for amendment of a text under discussion 
before a given date, together with a brief explanation 
if appropriate (point (d) of the second subparagraph 
of Article 20(1) CRP), rather than merely express their 
disagreement with a particular proposal.
The Presidency may also ask delegations which have identical 
or similar positions on a particular item, text or part thereof 
to choose one of them to express their shared position at the 
meeting or in writing before the meeting.

• 

• 

• 

• 

33

Comments on the Council’s Rules of Procedure

EN5. 

The Secretary-General and the Council General 
Secretariat (Article 23 CRP)

At its first meeting in September 1952, the Coal and Steel Council 
set up a secretariat under the direction of a Secretary-General. 
When the two Treaties of Rome entered into force in 1958 
(European Economic Community and the European Atomic Energy 
Community (Euratom)), the General Secretariat extended its 
activities accordingly. The Secretariat and the Secretary-General 
were thus mentioned in successive versions of the CRP until the 
Maastricht Treaty introduced a direct reference to them in the 
Treaty establishing the European Community and, a few years later, 
the Amsterdam Treaty introduced a reference to them in the TEU. 
The Secretary-General is responsible for the running of the GSC 
and is appointed by the Council by reinforced qualified majority 
(Article 240(2) TFEU) (see Chapter III, point 1.B). This is repeated in 
Article 23(1) CRP. The principle of the single Council therefore also 
applies to its General Secretariat, which assists the Council and its 
preparatory bodies in all their activities.

A. 

 The Secretary-General

The Secretary-General, as head of the GSC, assists the Council 
(Article 240(2) TFEU). He or she is in charge of the GSC and, under 
the Council’s authority, takes any measures needed to ensure its 
smooth running.

The role of the Secretary-General is essentially to ensure the continuity 
and progress of the Council’s work and to advise the Council. He or she 
is also responsible for the management of the GSC.

Under the responsibility and guidance of the Presidency, the 
General Secretariat is closely and continually involved in organising, 
coordinating and ensuring the coherence of the Council’s work 
and the implementation of its 18-month programme. It assists the 
Presidency in finding solutions.

The CRP mention several other tasks incumbent on the  
Secretary General.

34

Comments on the Council’s Rules of ProcedureEN• 

• 

• 

• 

• 

• 

The Secretary General is depositary of a number of 
agreements (Article 25 CRP; see Chapter V, point 2).
The Secretary General signs the minutes of Council meetings 
(Article 13(1) CRP).
The Secretary General officially forwards acts for publication 
in the Official Journal (Article 17 CRP).
The Secretary General notifies certain directives, decisions 
and recommendations to their addressees and sends the 
Governments of the Member States and the Commission 
certified copies of the Council directives and decisions 
referred to in the third subparagraph of Article 297(2) TFEU, 
and of Council recommendations (Article 18 CRP).
The Secretary-General is responsible for submitting to the 
Council, every year, in good time, the draft estimate of the 
expenditure of the Council (Article 23(4) CRP).
The Secretary General has full responsibility for administering 
the appropriations entered in Section II – European 
Council and Council – of the budget and takes all measures 
necessary to ensure that they are properly managed. He or 
she implements the appropriations in accordance with the 
Financial Regulation (Article 23(5) CRP). The Secretary-General 
has thereby defined the criteria, limits and procedures for 
reimbursement of the expenses of Member States’ delegates36.

The Secretary-General of the Council is also the Secretary-General 
of the European Council. He or she attends the meetings of 
the European Council and takes all measures necessary for the 
organisation of its proceedings (Article 13 of the European Council’s 
Rules of Procedure).

B. 

The General Secretariat

It follows from Article 240(2) TFEU and Article 23(1) CRP that the 
GSC’s main task is to assist the Council and its preparatory bodies in 
all their activities (indivisibility of the GSC). The GSC is at the service 
of the Council, which decides on its organisation. It is independent 
and impartial with regard to both the members of the Council and 

36 

Decision No 30/2013 of the Secretary-General of the Council concerning the 
reimbursement of travel expenses of delegates of Member States.

35

Comments on the Council’s Rules of Procedure

ENits Presidency37. Since the entry into force of the Treaty of Lisbon, 
it also assists the European Council, which formally became one of 
the seven EU institutions (Article 13 TEU).

The GSC is both the Council’s ‘registrar’ (responsible for drafting 
of records, material organisation and planning of meetings, 
production, translation and circulation of documents and their 
archiving) and its adviser. It is closely and continually involved 
in organising, coordinating and ensuring the coherence of the 
Council’s work and implementation of its 18-month programme. It 
assists the Presidency of the Council in its work (Article 23(3) CRP). 
It also receives notification of the names and functions of officials 
accompanying members of the Council and the Commission 
(Article 5(3) CRP).

The GSC, which employs around 3 100 staff, who are nationals 
of EU Member States, is, in addition to the Secretary-General’s 
private office, divided into Directorates-General, one of which 
is the Council Legal Service. The following also fall under the 
responsibility of the Secretary-General: the Internal Audit, the GSC 
Data Protection Officer, the Analysis and Research Team and the 
Counter-Terrorism Coordination.

37 

In this connection, see the GSC’s Mission Statement, which reads: ‘As an 
open, efficient, independent and permanent European public service, the 
General Secretariat of the Council ensures that the European Council and the 
Council operate smoothly, and lends them every assistance necessary so that 
they can perform the missions conferred on them by the Treaties to further 
the development of the Union. The General Secretariat provides advice and 
support to members of the European Council and the Council and to their 
Presidents in all areas of activity, as well as in the context of ministerial 
meetings and intergovernmental conferences.’

36

Comments on the Council’s Rules of ProcedureENThe Council Legal Service38 assists the Council and its preparatory 
bodies, the Presidency and the GSC in order to ensure that Council 
acts are lawful and well drafted. It has the right and the duty to 
intervene when it considers it necessary, orally or in writing, both 
at the level of working parties and committees and at the level of 
Coreper or the Council, by giving fully independent opinions on 
any legal question, whether at the request of the Council or on its 
own initiative. It also represents the European Council and the 
Council before the Court of Justice and the General Court39. It is 
also responsible for checking the drafting quality of proposals and 
draft acts and for formulating drafting suggestions for the Council 
and its bodies, pursuant to Article 22 CRP and the Interinstitutional 
Agreement of 22 December 1998 on common guidelines for the 
quality of drafting of Community legislation40. The Legal Service 
includes the Directorate on Quality of Legislation, which is in charge 
of the legal linguistic revision of legal acts in all 24 languages.

The Legal Service has the same responsibilities as regards 
the European Council. When requested, it also advises 
Intergovernmental Conferences of Member States.

38 

The ‘Mission Statement’ of the Council Legal Service reads as follows : 

1.  The Legal Service is the legal adviser to the Council and the European Council.
It assists the European Council, the Council and its preparatory bodies, the 
2. 
Presidency, and the General Secretariat, in order to ensure the legality and 
the drafting quality of legal acts. It contributes, by taking a creative approach 
where appropriate, to identifying legally correct and politically acceptable 
solutions, in cooperation with other Council departments. To that end, it gives 
opinions in complete impartiality – orally or in writing, at the request of the 
Council or on its own initiative – on any question of a legal nature.

3.  The Legal Service also represents the European Council and the Council in 

proceedings before the courts of the European Union.

4.  The Legal Service is responsible for checking the drafting quality of legal acts 
of the European Council and the Council and ensuring that they are legally 
and linguistically consistent in all of the Union’s official languages.

5.  The constant objective of the Legal Service is to provide timely contributions 
which are distinguished by their full respect for the law, their impartiality and 
their clarity.
European Council Decision of 19 March 2015 delegating the power to appoint 
agents to represent the European Council before the Court of Justice; Council 
Decision of 12 June 1989 delegating the power to appoint agents to represent 
the Council before the Court of Justice.
OJ C 73, 17.3.1999, p. 1.

39 

40 

37

Comments on the Council’s Rules of Procedure

EN6. 

Specific situation during the COVID-19 
pandemic

In view of the exceptional circumstances caused by the COVID-19 
pandemic, and in particular the travel difficulties throughout 
Europe and physical distancing obligations, the Council adapted its 
functioning and decision-making process during this crisis in order 
to ensure institutional continuity.

On 23 March 2020, the Council, in order to allow itself, as a decision-
taking and policy-making institution under the Treaties, to continue 
functioning and adopting acts during the exceptional circumstances 
of COVID-19, adopted a decision temporarily derogating from 
its Rules of Procedure by facilitating recourse to the ordinary 
written procedure for adopting Council acts41. This derogation 
was extended several times42 due to the continued exceptional 
circumstances related to the COVID-19 pandemic.It expired on 30 
June 2022. 

According to Article 1 of that Decision, ‘by derogation from the first 
subparagraph of Article 12(1) of the Council’s Rules of Procedure, a 
decision to use the ordinary written procedure, where that decision 
is taken by Coreper, shall be taken in accordance with the voting 
rule applicable for the adoption of the Council act concerned.’ This 
derogation allowed Coreper to take a decision to use the ordinary 
written procedure, under Article 12(1) first subparagraph and 

41 

42 

Council Decision (EU) 2020/430 of 23 March 2020 on a temporary derogation 
from the Council’s Rules of Procedure in view of the travel difficulties caused 
by the COVID-19 pandemic in the Union (OJ L 88 I, 24.3.2020, p. 1). For an 
overview of the context in which this decision was taken, see the document 
with options that was submitted to Coreper (document 6934/20). Coreper 
chose option B.
For example, Council Decision (EU) 2020/556 of 21 April 2020; Council Decision 
(EU) 2020/702 of 20 May 2020; Council Decision (EU) 2020/970 of 3 July 2020; 
Council Decision (EU) 2020/1253 of 4 September 2020; Council Decision (EU) 
2020/1659 of 6 November 2020; Council Decision (EU) 2021/26 of 12 January 
2021; Council Decision (EU) 2021/454 of 12 March 2021; Council Decision (EU) 
2021/825 of 20 May 2021; Council Decision (EU) 2021/1142 of 12 July 2021; 
Council Decision (EU) 2021/1725 of 24 September 2021; Council Decision 
(EU) 2021/2098 of 25 November 2021; Council Decision (EU) 2022/321 of 24 
February 2022. 

38

Comments on the Council’s Rules of ProcedureENArticle 19(7)(e) CRP, by the same voting rule – instead of unanimity – 
as that applicable to the Council act to be adopted. This means, for 
instance, that, if a regulation was to be adopted by qualified majority 
by the Council, the same voting rule, qualified majority, would be 
needed at Coreper to decide to use the written procedure for the 
adoption of that regulation. The derogation applied only to cases 
where it was Coreper that decided that the Council would use an 
ordinary written procedure. No changes were foreseen as regards 
the simplified written procedure (‘silence procedure’). Similarly, no 
changes were foreseen to the conditions for having recourse to the 
written procedure, which remained fully applicable (see Chapter III, 
point 3).

On 18 July 2022, the Council perpetuated the above derogation 
by amending its Rules of Procedure. By Decision 2022/1242, 
the Council provided that decisions to use the ordinary written 
procedure, where those decisions are taken by Coreper, should be 
taken in accordance with the voting rule applicable for the adoption 
of the Council act concerned (see Chapter III, point 3). 

In addition, on 3 July 2020, with a view to ensuring increased 
predictability in planning and preparation of informal 
videoconferences of ministers, as well as better transparency, 
in line with recital 4 of Council Decision (EU) 2020/430, the 
Council approved the ‘Modalities on the convening, preparation 
and organisation of informal videoconferences during the 
COVID-19 crisis’43. It is important to underline that such informal 
videoconferences cannot replace a formal Council meeting and no 
Council acts can be adopted during such informal videoconferences. 
According to these Modalities, the CRP should be followed mutatis 
mutandis when convening, preparing and organising informal 
videoconferences of ministers, including the related publicity (e.g. 
making the agenda public, holding discussions in public, making 
papers relating to such discussions public). As for the preparation 
of a Council meeting, according to these Modalities, Coreper plays 
a central role in planning, convening and organising informal 
videoconferences of ministers.

43 

Document 9188/20.

39

Comments on the Council’s Rules of Procedure

ENChapter II. 
The Council’s proceedings

1. 

Programming of Council proceedings 
(Article 2(6) and (7) CRP)

An 18-month programme of Council activities is prepared by the 
pre-established group of three presidencies due to hold office 
over that period. These presidencies draw up a draft programme 
with the President of the Foreign Affairs Council, in order to take 
account of that configuration’s activities during that period, and in 
close cooperation with the Commission and the President of the 
European Council, after appropriate consultations.

The programme includes a general introductory section setting 
the programme in the context of the European Union’s long-
term strategic guidelines. In this connection, the group of three 
presidencies in charge of preparing the draft programme consults 
the next group of three presidencies. The draft programme covers, 
inter alia, points arising from the dialogue on political priorities for 
the year, conducted on the Commission’s initiative.

The draft 18-month programme is presented in a single document 
for endorsement by the General Affairs Council, no later than one 
month before the relevant period. The General Affairs Council holds 
a public policy debate on the programme (Article 8(3) CRP).

On the basis of the 18-month programme, after consulting the 
Commission, the Presidency which is to hold office in the relevant 
period draws up draft agendas for the Council meetings scheduled 
for the next six-month period, at the latest one week before the 
beginning of the relevant six-month period. They are set out in a 
single document applying to all Council configurations. In other 
words, it is an obligation that applies to the President of the Foreign 
Affairs Council (the High Representative) and to any other President 
of the Council (Article 1(5) CRP). For guidance, that document 

40

Comments on the Council’s Rules of ProcedureEN 
indicates the legislative work and operational decisions envisaged. 
In the course of the six months, the Presidency may, as the need 
arises, schedule additional Council meetings, or decide not to 
convene a meeting if one of the meetings scheduled proves to be no 
longer warranted.

2. 

A. 

Notice and venue of meetings (Article 1 CRP)

Notice 

As in Article 237 TFEU, Article 1(1) CRP provides that the Council 
meets when convened by its President on his or her own initiative 
or at the request of one of its members or of the Commission. 
If a delegation or the Commission requests that the Council be 
convened, the President is obliged to convene it. The President 
may, however, exercise some discretion in selecting the date of the 
meeting. In making this choice, he or she must take account of, in 
addition to his or her colleagues’ opinions:

• 
• 

• 

• 

the deadlines imposed by the CRP (Article 3(1)–(3) CRP);
the fact that the Council may be legally obliged to meet 
or to act before a set date (e.g. in the case provided for in 
Article 30(2) TEU);
rules governing the quorum so that the Council can take a 
vote (Article 11(4) CRP);
preparation for Council discussions in Coreper (Article 19 CRP).

The Presidency makes known the proposed dates for Council 
meetings for each Council configuration at least seven months 
before the start of the six-month period concerned and after 
appropriate consultations. Those dates are set out in a single 
document applying to all Council configurations, again underlying 
the fact that this obligation applies to the President of the Foreign 
Affairs Council (the High Representative) as it does to any other 
Council President.

Naturally, this programming is flexible and the scheduled dates may 
be changed during the Presidency. Specific dates are given when, at 
the latest one week before it takes up office, the Presidency which 
is to hold office in the relevant period draws up draft agendas for 
the Council meetings scheduled for the following six months. The 

41

Comments on the Council’s Rules of Procedure

ENPresidency may schedule extra meetings or, possibly, cancel those 
already planned, as needed.

In cases related to foreign affairs requiring a rapid decision, the 
Presidency may convene an extraordinary Council meeting. 
For example, Article 30(2) of the TEU provides that the High 
Representative is to convene an extraordinary Foreign Affairs Council 
meeting, of his or her own motion, or at the request of a Member 
State, within 48 hours or, in an emergency, within a shorter period.

Lastly, in accordance with well-established practice and as 
mentioned above, each Council Presidency organises a maximum of 
five informal ministerial meetings during its term (Chapter I, point 
2.A). This should be distinguished from informal videoconferences 
of ministers under the exceptional circumstances caused by the 
COVID-19 pandemic (Chapter I, point 6). 

B. 

Venue of meetings

Protocol (No 6) on the location of the seats of the institutions and of 
certain bodies, offices, agencies and departments of the European 
Union provides that the seat of the Council is in Brussels and that 
Council meetings are held in Luxembourg in April, June and October. 
It may exceptionally be necessary for the Council to meet in other 
places. This is the case in particular with international negotiations 
in which the Union takes part. In that case, the second subparagraph 
of Article 1(3) CRP provides that the decision to hold a meeting 
elsewhere must be taken unanimously, by the Council or Coreper.

3. 

A. 

(a) 

Agenda (Article 3 CRP)

Drawing up of the provisional agenda

Entry of items on the agenda

The provisional agenda for each Council meeting is drawn up under 
the responsibility of the President, taking into account the Council’s 
eighteen-month programme and requests for inclusion from a 
member of the Council or from the Commission. Thus drawn up, the 
provisional agenda is then sent by the President to the members 

42

Comments on the Council’s Rules of ProcedureENof the Council and to the Commission at least fourteen days before 
the beginning of the meeting. It must also be forwarded to Member 
States’ national parliaments at the same time. When drawing up 
the provisional agenda, the President is required to observe various 
deadlines (on the understanding that, if the sixteen and fourteen-
day deadlines for inclusion of items on the provisional Council 
agenda are met, these items can be entered on the final agenda by a 
simple majority). These are, more specifically, as follows.

• 

• 

• 

A deadline of sixteen days before the beginning of the 
Council meeting for the receipt of requests for inclusion of 
items on the provisional agenda by Council members or the 
Commission, together with any documents relating thereto. 
The President is obliged to accede to any request from a 
member of the Council or from the Commission if the request 
and any documents relating to it reach the GSC within the 
time limit (Article 3(2) CRP). There are no particular formal 
requirements as to how those requests are to be made (e.g. 
they can be made by email or orally at one of the Coreper 
meetings preparing the relevant Council meeting). 

A deadline of fourteen days before the beginning of the 
Council meeting for the Presidency to draw up the provisional 
agenda and send it, together with any documents relating to 
it, to members of the Council and to the Commission. 

A deadline of eight weeks for entry on the provisional 
agenda, with a view to a decision, of a legislative act or a 
position at first reading in the ordinary legislative procedure 
(see Article 4 of Protocol (No 1) on the role of national 
parliaments in the European Union and Article 6 of Protocol 
(No 2) on the application of the principles of subsidiarity 
and proportionality). This is to allow national parliaments to 
express their views on questions that might have particular 
interest for them or, where Protocol (No 2) applies, to send 
a reasoned opinion on whether the draft legislative act 
complies with the principle of subsidiarity. This prevents 
the Council from adopting a legislative act or a position at 
first reading under the ordinary legislative procedure before 
national parliaments have had time to examine the text. 
However, the Council may, acting in accordance with the 
voting rule applicable for the adoption of the act or position 

43

Comments on the Council’s Rules of Procedure

ENconcerned, derogate from the eight-week period for reasons 
of urgency, which must be set out in the act or position 
concerned; this eight-week period starts to run on the date the 
legislative proposal is received by the Council in all languages 
(Article 3(3) second and third subparagraphs CRP). A ten-day 
period must elapse between the placing of a draft legislative 
act on the provisional agenda and the adoption of a position. 
This period may be derogated from in urgent cases for which 
due reasons have been given (Article 3(3) third subparagraph 
CRP). 

• 

A non-compulsory deadline of twenty-one days for the 
provisional agenda and any documents relating thereto to be 
sent to the members of the Council, in respect of proceedings 
under Title V of the TFEU (‘Area of freedom, security and 
justice’). This deadline is provided for in a Council statement, 
which indicates that the President will endeavour to ensure 
that this deadline is, in principle, met44.

Where a request for the inclusion of an item on the agenda has not 
respected the time limits specified above, or where the documents 
relating to an item have not been sent in time, that item may be 
entered on the provisional agenda only if the Council approves 
its entry unanimously when adopting its definitive agenda at the 
beginning of its meeting (see point 3.B).

In practice, since Coreper is responsible for preparing the work 
of all the meetings of the Council, the provisional agenda of 
a Council meeting is usually presented to Coreper before the 
(fourteen- or sixteen-day) deadline to inform Coreper of the 
Presidency’s intentions regarding that meeting. This allows 
delegations to make requests for inclusion of items. After the 
presentation, Coreper is invited to take note of the provisional 
agenda presented by the Presidency.

Following the presentation of the provisional agenda and closer 
to the related Council meeting, Coreper prepares each item on the 
provisional agenda, including related aspects, such as decisions to 

44 

See statement (c) regarding Article 3 CRP inserted in footnote 127 (of this 
publication) to Article 3 CRP.

44

Comments on the Council’s Rules of ProcedureENopen Council deliberations to the public or to hold public debates. 
Coreper may also be asked to agree to the envisaged invitation of 
third parties for a particular item at the Council meeting.

(b) 

Calculation of deadlines

For the calculation of the deadlines, the provisions of Council 
Regulation No 1182/71 of 3 June 1971 determining the rules 
applicable to periods, dates and time limits45 apply mutatis mutandis.

For the purposes of determining the deadline, pursuant to the 
second subparagraph of Article 3(1) of Regulation No 1182/71, 
the day on which the Council meeting is held is not included in 
the calculation of the periods in question, since, pursuant to this 
provision, ‘Where a period expressed in days … is to be calculated 
from the moment at which an event occurs or an action takes place, 
the day during which that event occurs … shall not be considered as 
falling within the period in question.’

In short, the day on which an item is entered and the day on which 
the Council meeting takes place are not counted for the purposes of 
calculating the time limits. A fourteen-day period, for example, must 
therefore run in between these two events.

Example: how to calculate the fourteen-day period:

Council meeting: Monday 26 April 2021.
End of fourteen-day period: 24.00 on Sunday 25 April 2021.
Start of fourteen-day period: 00.00 on Monday 12 April 2021.
Provisional agenda to be sent at the latest: by 24.00 on Sunday 11 
April 2021. 

(c) 

Withdrawal of items from the agenda

Once an item has been entered on the provisional agenda within the 
(fourteen- or sixteen-day) deadline, it cannot be withdrawn ahead 
of a Council meeting unless all delegations agree. Otherwise, a 
member of the Council could, for example, request entry of an item 
within the deadline and then unilaterally withdraw its request. In 

45 

OJ L 124, 8.6.1971, p. 1.

45

Comments on the Council’s Rules of Procedure

ENthis case, the other members of the Council, who had not requested 
that the item be included, since it was already on the agenda, would 
thus be deprived of their right to request its inclusion, as they would 
be out of time.

In practice, the last Coreper meeting before the relevant Council 
meeting is the last opportunity to remove an item from the 
provisional agenda. At this meeting, the President of Coreper will 
check if anybody opposes the removal of a given item from the 
provisional agenda of the Council, that item having initially been 
entered within the fourteen or sixteen-day deadline. If all agree, 
the item may be withdrawn from the provisional agenda during the 
Coreper meeting preceding the relevant Council meeting.

Alternatively, the Council may decide by a simple majority, when it 
is in the process of adopting its definitive agenda at the beginning 
of its meeting, not to enter this item in the definitive agenda of the 
relevant Council meeting. In the latter case, the Presidency may 
orally suggest at the time of adoption that the relevant item will 
be deferred to a future Council meeting without its entry on that 
next agenda requiring unanimity, as the (fourteen- or sixteen-day) 
deadline for entry into agenda will have already been respected.

If a delegation indicates it still has a reservation on a given item and 
this item concerns an act that needs to be adopted urgently and 
that may be adopted by a qualified majority or a simple majority, 
the item may be retained on the provisional agenda or entered in 
the definitive agenda. In such a case, the delegation concerned 
will have to indicate if its reservation is to be converted into an 
abstention or a vote against.

Except in cases of urgency, the Presidency is required to remove 
from the provisional agenda any items relating to draft legislative 
acts that Coreper has not finished examining by the end of the week 
preceding the week prior to a Council meeting (Article 3(5) second 
subparagraph CRP). In practice, the last Coreper meeting before 
the relevant Council meeting is the moment for Coreper to consider 
whether the conditions of the second subparagraph of Article 3(5) 
CRP are met.

46

Comments on the Council’s Rules of ProcedureENB. 

Adoption of the definitive agenda

The definitive agenda is adopted by the Council at the beginning of 
each meeting. The Council adopts its agenda by a simple majority 
for all those items that have been entered within the deadlines. 
However, the inclusion in the agenda of an item other than those 
that have been put on the provisional agenda within the fourteen- 
or sixteen-day deadline requires unanimity in the Council (see point 
3.A(a) above)46. Items entered in this way may be put to the vote if 
all the procedural requirements provided for by the Treaties have 
been complied with.

 ‘Any other business’ items may be requested after the fourteen- or 
sixteen-day deadline and included in the agenda when adopted by 
a simple majority, since these items should concern information 
points only, and thus cannot give rise to any decision or even to 
any statement in the minutes. Any discussion on such an item 
should be avoided. Any request for the inclusion of an ‘Any other 
business’ item must be accompanied by an explanatory document 
(Article 3(9) CRP).

If, when the definitive agenda is adopted, a delegation or the 
Commission opposes the retention of an item that was entered in 
the provisional agenda within the time limit laid down in Article 3, 
the item remains on the definitive agenda if a simple majority is in 
favour. However, if the time limit was not complied with, unanimity 
is required for the item to be put on the definitive agenda. If the 
objection concerns the retention of an A item, the item may be dealt 
with as a B item if the Council decides, by a simple majority, to keep 
it on the definitive agenda (see point 3.C(b)).

An A item is removed from the definitive agenda if a position on 
that A item might lead to further discussion or if a member of the 
Council or the Commission so requests (Article 3(8) CRP). However, 

46 

Note that if the item to be added concerns a decision in respect of which, 
under the Treaties, members of the Council or of Coreper may not participate 
in the vote, account is not to be taken of votes by such members when the 
addition of the item is approved unanimously (Annex IV Point 1(b) CRP). See 
Chapter III, point 1.C.

47

Comments on the Council’s Rules of Procedure

ENthe Council may decide, by a simple majority, to keep the item on its 
agenda as an A item or to deal with it as a B item.

C. 

(a) 

Structure and contents of the agenda 

 Legislative and non-legislative

With the entry into force of the Treaty of Lisbon, Council meetings, 
and therefore also the agenda, are to be divided into two parts, 
dealing respectively with deliberations on Union legislative acts and 
non-legislative activities (Article 16(8) TEU). The provisional agenda 
is therefore divided into two parts: a part entitled ‘Legislative 
deliberations’, which deals with deliberations on legislative acts, 
and a part entitled ‘Non-legislative activities’, which deals with 
non-legislative activities. The items appearing in each of the above 
parts are further divided into A items and B items (Article 3(6) CRP). 
‘Any other business’ items may also be inserted in each of the above 
parts depending on whether they relate to Union legislative acts or 
to non-legislative activities.

Legislative and non-legislative acts are identified formally according 
to the procedure used to adopt them. Thus acts adopted through 
a legislative procedure (ordinary or special), as indicated by the 
legal basis in the Treaty on which those acts are based, constitute 
legislative acts.

Conversely, acts supported by a legal basis that does not mention 
that it is subject to a legislative procedure are not legislative acts47. 
This does not mean that they do not produce legal effects, but for 
the purposes of classification of acts in the agenda of the Council 
this is irrelevant. Thus, an act that is legally binding but that is 
not adopted in accordance with an ordinary or special legislative 
procedure provided for in the Treaty is not a legislative act and 
is not inserted in the part of the agenda entitled ‘Legislative 

47 

See Article 289(3) TFEU, which states ‘Legal acts adopted by legislative 
procedure shall constitute legislative acts.’ See also judgment of 6 September 
2017, joined cases C-643/15 and C-647/15, Slovak Republic and Hungary v 
Council, EU:C:2017:631, paragraphs 58 to 63. 

48

Comments on the Council’s Rules of ProcedureENdeliberations’. Such an act should be inserted in the part entitled 
‘Non-legislative activities’. In addition, acts whose legal basis is 
not explicitly mentioned (e.g. conclusions of the Council) must be 
inserted in the part entitled ‘Non-legislative activities’.

(b) 

Parts A and B of the agenda

The two parts of the agenda, legislative and non-legislative, are 
each further divided into a subpart with A items and a subpart 
with B items (Article 3(6) second subparagraph CRP). A items on 
the agenda are items for which, given their state of preparation 
by Coreper, approval by the Council seems possible without 
discussion; this does not exclude the possibility, afforded to any 
member of the Council and to the Commission, of expressing an 
opinion at the time of the approval of those items and having 
statements included in the minutes. On the other hand, matters that 
must be discussed are included under the B items.

The practice of A items avoids a situation in which Council meetings 
are burdened with a large number of items on which agreement 
has already been reached and that therefore do not need to be 
examined individually.

A items are included on a list that in principle is approved as a 
whole by the Council, normally at the beginning of the meeting. The 
A items of the legislative part of the agenda are adopted in public. 
Even if approved as a whole, there is, legally speaking, a set of votes 
covering each A item individually. Any item included on the list of A 
items is the subject of a note, known as an A item note (or I/A item 
note, when the item was approved by Coreper without discussion, 
i.e. when an item is in Part I of its agenda), forecasting the outcome 
of the vote and indicating the existence of the majority required, 
as ascertained during Coreper’s proceedings. By adopting the list 
of A items, each item on the list is formally adopted, by confirming 
the forecasts of votes mentioned in each A item note. Those vote 
forecasts may of course be altered when the members of the 
Council adopt the A items.

It must, however, be pointed out that an A item is withdrawn from 
the agenda and is therefore not adopted if a position on an A item 
might lead to its further discussion or if a member of the Council 
or of the Commission so requests. In that case, the item is deferred 

49

Comments on the Council’s Rules of Procedure

ENto a subsequent Council meeting (see point 3.A). The Council 
may, however, decide otherwise by a simple majority48. The item 
concerned may then be included in Part B of the same meeting by 
a decision taken by a simple majority. This option only exists, of 
course, if the item was included on the provisional agenda at least 
14 days before the meeting. Otherwise (i.e. if the A item in question 
does not appear on the provisional agenda at least 14 days before 
the meeting), the Council may keep it as a B item during the same 
meeting only by unanimity49, failing which the item is carried over to 
another meeting.

An item concerning which a delegation has entered a reservation 
can be included as an A item on the Council’s agenda. If the 
reservation is not lifted during the Council meeting, the delegation 
that entered it is deemed to have voted against. If the act concerned 
may be adopted by a qualified majority or a simple majority, the 
item will then be adopted if the necessary number of votes in favour 
is obtained without that delegation’s approval, but the delegation 
must indicate whether its vote is to be understood as an abstention 
or a vote against. In the event of a unanimous vote, the act cannot 
be adopted unless the delegation concerned abstains.

(c) 

 Wording of items 

In order to improve readability and to make the agenda more user-
friendly for the meeting participants, short titles should be used for 
all items on a Council (or of Coreper) agenda.

Wording of short titles should:
• 
• 

correspond to the Commission’s short title (if it exists);
be known to and easily understandable by delegations;

48 

49 

Note that with regard to the possibility of requesting that an ‘A’ item be 
withdrawn from the agenda (Article 3(8)), a member of the Council or of 
Coreper may not make use of this provision in connection with decisions on 
which, under the Treaties, that member may not participate in the vote (Annex 
IV, 2(a)). See Chapter III, point 1.C.
Note that if the ‘A’ item to be maintained on the agenda under the procedure 
laid down in Article 3(8) CRP concerns a decision in respect of which, under 
the Treaties, members of the Council or of Coreper may not participate in the 
vote, account is not to be taken of votes by such members in the unanimous 
approval required to keep the item on the agenda (Annex IV, 1(c)). See Chapter 
III, point 1.C.

50

Comments on the Council’s Rules of ProcedureEN• 

• 

• 

• 

• 

be stable, clearly distinguish the file and not create risks of 
confusion with other files;
in the case of a package, indicate not only the name of the 
package, but also the short titles of all files submitted for 
discussion or approval to Coreper or the Council;
clearly identify the type of act, or nothing in case the item is 
simply a thematic discussion;
exclude elements that are not essential to the identification of 
the item;
in principle, not exceed a single line of text.

The agendas often contain after the title of each item an indication 
of an outcome sought or an aim for that item (e.g. ‘adoption’50, 
‘orientation debate’, ‘general approach’, ‘approval’). The 
terminology to be used in this regard can be found in document 
8338/1/15. The Presidency chooses an aim or an outcome it 
envisages for a specific item on the provisional agenda to facilitate 
preparation by the delegations.

Under Article 3(2) CRP, any Member State or the Commission may 
request inclusion of an item on the provisional agenda. Pursuant 
to the CRP, the Presidency is obliged to include that item, if the 
request, together with any document related thereto, has been 
received sixteen days before the beginning of that meeting. 
However, the Presidency is not obliged to accept a specific aim 
suggested by a member of a Council or by the Commission (e.g. 
whether the item is for discussion or whether a vote should be 
held in that respect). The Presidency should choose an aim or an 
outcome sought with due respect to its obligation to ensure the 
smooth conduct of proceedings. Before the Council meeting, the 
Presidency is free to lower the ambition of an outcome sought (e.g. 
to replace ‘adoption’ with ‘state of play’) on the provisional agenda. 
The Presidency, however, needs the agreement of all before the 
Council meeting to increase the ambition (e.g. to replace ‘state of 
play’ with ‘adoption’), because such an increase of ambition has 

50 

The word ‘adoption’ should in principle be reserved for legal acts on which the 
Council votes. Votes comprise decisions taken unanimously – excluding those 
taken by consensus or common accord – and decisions taken by a qualified 
majority or a simple majority, whereas ‘approval’ should be used in other 
cases, such as most atypical acts (conclusions, statements, etc.).

51

Comments on the Council’s Rules of Procedure

ENsimilar effects on delegations’ preparations for the meeting to the 
addition of a new point.

Aims or outcomes sought for particular items are set by the Council 
itself at the beginning of the meeting when it adopts the agenda 
(this is a procedural decision requiring a simple majority for those 
items that were entered respecting the fourteen- or sixteen-day 
deadlines). The Council can at that moment decide to modify the 
chosen aim or, in its absence, to add one.

An outcome sought by the Presidency for a specific item cannot 
prevent a member of the Council from requesting that a vote take 
place during the Council meeting, if all preconditions for a vote are 
fulfilled, as indicated by an asterisk (see point (d) below).

(d) 

Asterisks 

In the provisional agenda, an asterisk placed after an item indicates 
that the Presidency, a member of the Council or the Commission 
may request a vote on the item51, regardless of the indicative 
outcome sought by the Presidency for the item in question. These 
items comprise atypical acts, such as statements of the Council, 
which are indissolubly linked to a legal act or draft thereof and 
therefore must be adopted in accordance with the same voting rule 
as that prescribed for adopting the relevant legal act (see point 5.A).

As soon as all the procedural requirements provided for by the 
Treaties have been complied with 52, the GSC is obliged to mark the 
items concerned with an asterisk. This is a legal obligation provided 
for in Article 3(2) CRP. An asterisk does not mean, however, that a 
vote will necessarily take place, but it indicates that a vote may take 
place. Therefore, an asterisk is indicative of the right to request a 
vote; it is not constitutive of that right. It permits the Presidency, the 
members of the Council or the Commission to identify the items on 

51 
52 

Re voting, see Chapter III, points 1 and 2.
For instance, under a number of legal bases in the Treaties, an opinion of the 
European Parliament, the Economic and Social Committee, the Committee 
of the Regions, the European Central Bank and/or the Court of Auditors 
is a mandatory precondition for the adoption of a legal act. It is therefore 
necessary to check before the date of the Council meeting whether the 
required opinions have been delivered.

52

Comments on the Council’s Rules of ProcedureENwhich they are entitled to request the opening of a voting procedure 
in accordance with the second subparagraph of Article 11(1) CRP. If, 
by mistake, an item is entered on the provisional agenda without an 
asterisk, the GSC is obliged to correct that error without delay.

(e) 

Legislative items (automatic publicity)

Any item on the Council’s provisional agenda relating to a legislative 
act should be placed in the part of the agenda entitled ‘Legislative 
deliberations’ (Article 3(6) and Article 7 CRP). The placing of items in 
this part has a bearing on transparency (see point 6 below).

Note that, unless otherwise required because of urgency and 
without prejudice to Article 3(3) CRP, the Presidency must remove 
from the provisional agenda those legislative items of which 
Coreper has not completed its examination by the end of the week 
preceding the week prior to the Council meeting (Article 3(5) second 
subparagraph CRP). In practice, the last Coreper meeting before 
the relevant Council meeting is the moment for Coreper to consider 
whether the conditions of the second subparagraph of Article 3(5) 
CRP are met. Where Coreper does not consider that the conditions 
for removing a legislative item are met, the Presidency cannot 
remove the item from the provisional agenda without the support 
of a simple majority of delegations.

(f) 

Indications relating to the transparency rules (for certain 
non-legislative acts)

In all cases where the Council deliberates for the first time on 
new non-legislative proposals that are important and relate to 
the adoption of rules which are legally binding in or for Member 
States, with the exception of internal measures, administrative or 
budgetary acts, acts concerning interinstitutional or international 
relations, or non-binding acts (Article 8(1) CRP), the wording to be 
inserted in the Council’s agenda under the item concerned is ‘public 
deliberation’. It is for the Presidency to identify which new proposals 
are important (the Council or Coreper may decide otherwise by 
a simple majority). Likewise, the Presidency may decide, on a 
case-by-case basis, that subsequent Council deliberations on one 
of these proposals should be open to the public (the Council or 
Coreper may decide otherwise by a simple majority) (Article 8(1) 
second subparagraph). The provisional agenda must specify 

53

Comments on the Council’s Rules of Procedure

ENwhich CRP article and paragraph apply in the case in question (for 
the cases covered by each paragraph, see point 6.A) and state, 
if applicable, that the public deliberation was proposed by the 
Presidency. Accordingly, where public deliberations are concerned, 
the wordings to be included in the agenda are as follows:

• 

• 

‘public deliberation pursuant to Article 8(1) first 
subparagraph’;
‘public deliberation pursuant to Article 8(1) second 
subparagraph (proposed by the Presidency)’.

In cases where the Council deliberates in public on specific subjects 
(Article 8(2) CRP) or on programmes and priorities (Article 8(3) CRP), 
the wording to be inserted in the Council’s agenda under the item 
concerned is ‘public debate’. Debates on items under Article 8(3) 
CRP must be held in public. The agenda must specify the article, 
including the paragraph (see point 6.A), that applies in the case 
in question and, if applicable, mention the proposal on which the 
public debate is to be held. The wordings to be included in the 
agenda are as follows:

• 

• 

• 

• 

‘public debate pursuant to Article 8(2) (proposed by the 
Presidency)’;
‘public debate pursuant to Article 8(2) (proposed by the 
Commission)’;
‘public debate pursuant to Article 8(2) (proposed by the XX 
delegation)’;
‘public debate pursuant to Article 8(3)’.

4. 

Autonomy of the Council's decision-making 
and professional secrecy (Articles 5 and 6 CRP)

A. 

Participation in Council meetings

‘Participation’, in the sense of taking, shaping or influencing 
decisions, results from membership of the Council, as defined in 
Article 16(2) TEU: ‘The Council shall consist of a representative of 
each Member State at ministerial level’. Only representatives of 
the Member States – who are, in principle, nationals of Member 
States of the European Union – may participate in Council meetings 
(see Chapter I, point 2.D). This preserves the Council’s decision-

54

Comments on the Council’s Rules of ProcedureENmaking autonomy, and, as a consequence, the autonomy of the EU 
decision-making process, guaranteed by the Treaties.

Article 5(1) CRP provides that, unless deliberating or voting 
on legislative acts, Council meetings must not be public, and 
Article 6(1) CRP stipulates that ‘Without prejudice to Articles 7, 
8 and 9 and to provisions on public access to documents, the 
deliberations of the Council shall be covered by the obligation of 
professional secrecy …’

The exceptions to the rule that only representatives of the 
governments of the Member States may participate in Council 
meetings are expressly provided for in the Treaties themselves 
or result implicitly but necessarily from the role assigned by the 
Treaties to a Union institution53 or from a state’s having signed a 
treaty of accession to the EU54.

This rule also applies to the preparatory work for Council meetings, 
that is, all the Council’s preparatory bodies (Coreper, committees 
and working parties). However, legislative work in preparatory 
bodies is not public.

In practice, the Commission is almost always present at, and takes 
part in, Council meetings and meetings of Council preparatory 
bodies at all levels and in all fields of action (Article 5(2) CRP), 
even if the act to be adopted by the Council does not require a 
Commission proposal. Commission participation in the Council’s 
proceedings is facilitated by the fact that it routinely receives 

53 

54 

The Commission, exercising the right of initiative assigned to it under the 
Treaty, submits to the Council proposals or other draft instruments, which it 
must be able to explain, defend or amend. It is therefore routinely ‘invited to 
take part in meetings of the Council’ (Article 5(2) CRP). The same applies to 
the European Central Bank, in cases where it exercises its right of initiative 
(Article 5(2) CRP). 
Participation by representatives of states acceding to the European Union in 
meetings of Council preparatory bodies, as observers with a right to speak 
following the signature of the accession treaty and before its entry into force, 
is accounted for by the fact that acceding states, by signing the accession 
treaty, have accepted the Union acquis in its entirety, even after the end of the 
negotiations. The provisions of the acquis after the signature of the accession 
treaty are, however, binding on acceding states although the latter cannot 
legally participate in their adoption.

55

Comments on the Council’s Rules of Procedure

ENdocumentation issued by the GSC, on an equal footing with the 
delegations. The Council rarely decides to deliberate without the 
presence of the Commission. Such a decision may be prompted, for 
example, if the Council’s internal affairs are at issue (appointment 
of officials, cases before the Court of Justice of the European Union, 
etc.). In these cases, the Council (or the relevant preparatory body) 
decides by a simple majority (Article 5(2) CRP) to deliberate en 
cadre interne, that is, without the presence of the Commission on 
the relevant item. The Commission should be informed in advance 
of such a case.

The European Central Bank is invited to take part in meetings of the 
Council in cases where it exercises its right of initiative. Furthemore, 
Article 284(2) TFEU provides: ‘The President of the European Central 
Bank shall be invited to participate in Council meetings when the 
Council is discussing matters relating to the objectives and tasks of 
the ESCB.’

Representatives of other European Union institutions or bodies 
may occasionally be invited to attend the Council’s proceedings 
(see point 4.B), depending on the subject discussed and the 
appropriateness. A decision concerning any invitation is taken by 
the Council in advance, by a simple majority. The same applies for 
the occasional presence of other third parties.

B. 

Occasional presence of third parties at Council meetings

Participation in Council meetings must not be confused with the 
occasional presence of third parties, such as representatives of 
EU institutions (other than, for example, the Commission or the 
European Central Bank; see point 4.A), representatives of EU bodies 
or agencies, representatives of third States or of international 
organisations, or other guests, who may sometimes be invited to 
attend certain Council meetings or meetings of Council preparatory 
bodies on an ad hoc basis and for a specific item.

As seen above, Article 16(2) TEU, which defines the composition of 
the Council, preserves the Council’s decision-making autonomy, 
and, as a consequence, the autonomy of the EU decision-making 
process, guaranteed by the Treaties. In addition, unless it is 
deliberating or voting on legislative acts, Article 6(1) CRP provides 
that ‘the deliberations of the Council shall be covered by the 

56

Comments on the Council’s Rules of ProcedureENobligation of professional secrecy, except insofar as the Council 
decides otherwise’.

The mere presence of a third party in the meetings of the Council 
(whether the meeting is held in public or not) bears the risk 
of undermining the Council’s decision-making autonomy by 
influencing its decision-shaping and decision-making, notably 
by altering the direction of deliberations between the Council 
members or by inhibiting them from expressing their views freely. 
Therefore, as a rule, in order to protect this autonomy, third parties 
should not be invited to attend meetings of the Council. Inviting 
them should remain exceptional and be envisaged only in duly 
justified cases. They can be invited to attend part of a meeting of 
the Council, but only where their presence is considered to be in the 
interest of the Council.

The evaluation of the Council’s interest should be made in advance 
of any invitation being extended, on a case-by-case basis and 
separately for each meeting and specific agenda item to which the 
guest is invited. Invitations should not be based on the interest 
of the third party in question in being present. No invitations 
should be made for a whole sector of activity of the Council, on a 
permanent basis or for all meetings regarding a particular file. No 
meeting should be envisaged if its sole or predominant purpose 
is to listen to interventions of third parties. Prior presence on a 
particular subject does not create a right to be invited on that 
subject in the future.

Particular attention should be paid to legislative items: in addition 
to decision-making autonomy, the principle of separation of powers 
between the legislature and the executive should be respected. 
For instance, third parties, such as EU agencies, that are regulated 
or established by a legislative act, if that act is being amended, 
replaced or otherwise changed (e.g. a regulation establishing an 
EU agency), should not be allowed to be present when the Council 
deliberates on the draft legislative act in question.

57

Comments on the Council’s Rules of Procedure

ENThe intention of the Presidency55 to invite a third party for a certain 
agenda item should be communicated to all participants, by 
mentioning the name of the third party, sufficiently in advance of 
the meeting in question to allow any concerns to be voiced before 
the meeting takes place. As a rule, the fact that a third party will 
be invited for a certain agenda item should be mentioned in the 
provisional agenda for the meeting in question. The agenda should 
expressly identify the third party concerned56.

Moreover, in accordance with its responsibilities set out in 
Article 19(1) CRP to ensure consistency of the Union’s policies and 
actions and respect for the CRP, Coreper should be fully informed in 
advance of such invitations and give its prior approval of any such 
attendance, when preparing the meetings of the Council. This can 
be done orally (and then recorded in the minutes) or through a I 
item note.

Accepting the occasional presence of third parties is done by a 
simple majority in advance of the event. However, exceptionally, 
if the invitation of a representative of a third State or of an 
international organisation is of such a nature or political 
significance as to imply a position of the Union in a particular 
matter pertaining to the CFSP, the invitation must be approved 
in accordance with the rules provided for the adoption of such 
positions (unanimity).

The Presidency remains at all times responsible for ensuring that 
the decision-making autonomy of the Council is fully preserved and 
that the requirements stemming from the obligation of professional 
secrecy that covers the Council’s deliberations are respected. 
The attendance of the third party should be strictly limited to the 
agenda item for which he or she has been invited. The third party 
should be invited to enter the room only when the item in relation 
to which he or she is invited starts. The third party may state his 
or her views or inform the Council on a subject at issue. He or she 
may also exchange views with the Council members or answer 

55 

56 

This applies regardless of the chairing arrangements, whether rotating, 
elected or otherwise stable or permanent chairing.
It should name the entity concerned. As regards individuals, for privacy 
reasons, the reference should be limited to their quality .

58

Comments on the Council’s Rules of ProcedureENtheir questions. The third party should not be allowed to stay after 
the intervention (and after having answered questions addressed 
to him or her after the intervention), either when the Council 
deliberates or for the next agenda items.

From a legal point of view, the third party does not participate in 
the deliberations leading to the taking of a decision by the Council, 
but simply provides the Council with information upon which it can 
draw before taking its decision.

The same rules apply to meetings of the Council’s preparatory 
bodies.

5. 

A. 

Minutes (Article 13 CRP)

Structure and content of the minutes

Article 13 CRP provides for the drawing up of minutes of each 
Council meeting. The minutes are a document that summarises 
the decisions taken and occasionally the content of the discussions 
held during that meeting57. These minutes constitute documentary 
evidence of the proceedings that they describe and of compliance 
with the procedural rules relating to the adoption of an act.

The minutes generally contain three points concerning each item on 
the agenda:

• 
• 
• 

a reference to the documents submitted to the Council;
the decisions taken or the conclusions reached by the Council;
the statements made by the Council alone, those made 
jointly by the Council and the Commission, and those whose 
entry has been requested by a member of the Council or the 
Commission.

With regard to the indication of documents, all documents 
submitted to the Council are numbered and bear a reference for 
their identification.

57 

A summary record of Coreper’s meetings is also produced by the GSC.

59

Comments on the Council’s Rules of Procedure

ENWith regard to decisions taken or conclusions approved, the 
practice of drawing up Council minutes tends towards a very 
brief description of the decision taken. The content of Council 
discussions is in fact reflected more fully in the press releases issued 
by the GSC after each Council meeting than in the minutes of the 
meeting. Press releases are produced by the GSC under its own 
responsibility.

The statements in the minutes reflect their authors’ positions. 
They cannot in any way restrict the scope or effects of the legal 
act, which can only be determined from the content of the act 
itself58; statements in the minutes can only serve to confirm an 
interpretation based on the wording of the act itself. A statement 
cannot therefore be taken as a basis for the interpretation of a 
provision in an act of secondary legislation if the content of the 
statement is not expressed in the text of the relevant provision59. 

For reasons of legal certainty and legitimate expectations, no 
statements that contradict the legal provisions, add elements to 
them or give them a specific interpretation should be made by 
the Council. In this respect, the Council has acknowledged that 
‘Recourse to statements interpreting legal acts should therefore 
be avoided where possible and the content of possible statements 
should, as appropriate, be included in the text of the act’60.

58 

59 

60 

In its judgment of 15 April 1986, the Court stated the following: ‘The Court 
has consistently held that the true meaning of rules of Community law can 
be derived only from those rules themselves, having regard to their context. 
That meaning cannot therefore be affected by such a statement [referring to 
paragraph 16: ‘statement … inserted in the Council minutes’].’ Judgment of 
15 April 1986, Commission v Kingdom of Belgium, C-237/84, EU:C:1986:149, 
paragraph 17. See also the judgment of 10 December 1991, Commission v 
Hellenic Republic, C-306/89, EU:C:1991:463, paragraph 8.
Judgments of the Court of 26 February 1991, in case C-292/89, Antonissen, ECR 
1991 I-00745, point 18; 8 June 2000, in the Epson Europe case, C-375/98, ECR 
2000 I-04243, point 26; 10 January 2006, in the Skov Æg v Bilka Lavprisvarehus 
A/S, Bilka Lavprisvarehus A/S v Jette Mikkelsen and Michael Due Nielsen case, 
C-402/03, ECR 2006 I-00199, point 42; 27 February 2007, case C-354/04 P, 
Gestoras Pro Amnistía and others v Council, ECR 2007 I-01579, point 60; 27 
February 2007, case C-355/04 P, Segi and others v Council, ECR 2007 I-01657, 
point 60.
Statement by the Council on the occasion of the adoption of the 
interinstitutional agreement of 22 December 1998. See also the statement by 
the European Parliament on the same occasion. 

60

Comments on the Council’s Rules of ProcedureENStatements by the Council do not form part of the legal act as such. 
Consequently, they do not follow the procedural rules laid down by 
the Treaties for the adoption of such acts. The Commission does not 
need to agree with their content, and the European Parliament does 
not need to be consulted. Statements cannot have any normative 
effect: for instance, they cannot oblige the Commission to act in a 
given way, since the Commission is bound to comply with the rules 
deriving from the legislative act itself.

Council statements in the minutes the content of which relates 
directly to a legal act and/or are instrumental to reaching 
an agreement on that act in the Council must be adopted in 
accordance with the same voting rule as the legal act itself.

B. 

Approval of minutes

The draft minutes are drawn up by the GSC within fifteen days of the 
Council meeting and submitted for approval to the Council or, in 
most cases, to Coreper (Article 13(2) and Article 19(7)(f) CRP).

Before the minutes are approved, any member of the Council, 
or the Commission, may request that more details be inserted 
in the minutes regarding any item on the agenda. A statement 
by a member of the Council or by the Commission that was not 
orally made, at least in summary, at the Council meeting or 
communicated to all participants in advance of the meeting or 
during that meeting cannot be entered in the minutes. When 
approved, the minutes are signed by the Secretary-General of the 
Council, who may delegate signature to the Directors-General of the 
GSC.

Once approved, the minutes relating to the ‘Legislative 
deliberations’ part of Council meetings must be forwarded directly 
to national parliaments and Member States’ governments at the 
same time.

61

Comments on the Council’s Rules of Procedure

EN6. 

Public access and transparency (Articles 5 to 
10 CRP)

The principle of openness, laid down in Article 1 TEU, is reflected in 
the Council’s activities. The principle, now stated specifically in the 
Treaties, is that ‘The Council shall meet in public when it deliberates 
and votes on a draft legislative act’ (Article 16(8) TEU)61. Therefore, 
the CRP provision according to which ‘meetings of the Council shall 
not be public’ (Article 5(1) CRP) applies only when the Council is not 
deliberating and voting on draft legislative acts. The same applies 
to the provision under which ‘the deliberations of the Council shall 
be covered by the obligation of professional secrecy’ (Article 6(1) 
CRP), which is tempered by the provisions concerning the holding 
of legislative deliberations, public deliberations and debates (see A 
below), making agendas public (B), making votes and statements 
in the Council minutes public (C) and public access to Council 
documents (D).

A. 

Legislative deliberations, public deliberations and 
debates

Whenever the Council deliberates and votes on legislative acts, 
such deliberations are open to the public. This is a Treaty obligation 
and no derogation is possible (Article 16(8) TEU and Article 7 CRP). 
In addition, Article 8 CRP specifies in what cases and under what 
conditions the Council opens its deliberations on non-legislative 
acts to the public, and the cases in which the Council holds public 
debates. This obligation applies to the entirety of the Council 
agenda (whether A, B or ‘Any other business’ items).

(a) 

Legislative deliberations (legislative acts - Article 7 CRP)

The rule here is that the Council meets in public when it deliberates 
on draft legislative acts. The whole deliberation (including the 
final vote) must therefore take place in public when it concerns 
legislative acts. The Council agendas are organised in a such a way 

61 

See also Article 15(2)TFEU which provides, ‘The European Parliament shall 
meet in public, as shall the Council when considering and voting on a draft 
legislative act.’

62

Comments on the Council’s Rules of ProcedureENas to identify, in a part entitled ‘Legislative deliberations’, those 
legislative items (whether A, B or ‘Any other business’ items) that 
are to be adopted, discussed or made public.

All documents submitted to the Council which are listed under an 
item on the ‘Legislative deliberations’ part of the agenda are made 
public (Article 7(2) CRP).

(b) 

Public deliberations (non-legislative acts – Article 8 CRP)

Pursuant to Article 8 CRP, the Council’s first deliberation on 
important new non-legislative proposals is open to the public 
where the proposals contain rules which are legally binding in or for 
Member States. A distinction must be drawn between deliberations 
on non-legislative legally binding rules adopted by means of 
regulations, directives or decisions on the basis of the Treaties, 
which may be made public, and those on internal measures, 
administrative or budgetary acts, acts concerning interinstitutional 
or international relations, or non-binding acts, which are not open 
to the public.

It is for the Presidency to identify which new proposals are 
important, although the Council or Coreper may explicitly decide 
otherwise by a simple majority. In addition, the Presidency may 
decide, on a case-by-case basis, that the subsequent Council 
deliberations on one of the non-legislative proposals referred to 
above should also be opened to the public. Again, the Council or 
Coreper may decide otherwise by a simple majority.

These items should be inserted in the ‘Non-legislative activities’ 
part of the Council agenda together with the specific indication 
‘public deliberation’ (Article 8(4)(a) CRP).

(c) 

Public debates

Under Article 8(2) and (3) CRP, the Council holds public debates 
on specific issues as well as public debates on programmes and 
priorities.

63

Comments on the Council’s Rules of Procedure

ENi. 

 Public debates on specific issues

On a decision taken by the Council or by Coreper, acting by 
reinforced qualified majority (see Chapter III, point 1.B), the Council 
holds public debates on important issues affecting the interests of 
the European Union and its citizens (Article 8(2) first subparagraph 
CRP). It is for the Presidency, any member of the Council or the 
Commission to propose issues or specific subjects for such debates 
(e.g. the Community framework for healthcare services). 

ii. 

Public debates on programmes and priorities

The Council is required to hold the following policy debates in 
public (Article 8(3) CRP): 

• 

• 

• 

(d) 

debates in the General Affairs Council on the Council’s 
18-month programme;
policy debates in other Council configurations on their 
priorities;
the Commission’s presentation of its five-year programme, of 
its annual work programme and of its annual policy strategy, 
as well as the ensuing debates in the Council. 

Means of opening legislative deliberations, public 
deliberations and public debates to the public (Article 7(3) 
and last subparagraph of Article 8(4) CRP)

Council legislative deliberations, public deliberations and public 
debates are opened to the public in the following way: Council 
meetings are transmitted audiovisually, notably in an overflow 
room, and also through broadcasting in all official languages of 
the institutions of the European Union using video streaming. A 
recorded version of such a Council meeting remains available for at 
least one month on the Council’s website (www.consilium.europa.
eu). 

The outcome of voting, where applicable, is indicated visually.

The GSC informs the public in advance of the dates and 
approximate time on which such audiovisual transmissions will take 
place. 

64

Comments on the Council’s Rules of ProcedureENB. 

 Making agendas public

The specific provisions on public access to Council documents 
set out in Annex II CRP stipulate that ‘the GSC shall make (…) 
available to the public as soon as they have been circulated (…) the 
provisional agendas for the meetings of the Council in its various 
configurations’ (Article 11(3)(b) of Annex II CRP). The same applies 
to the agendas for meetings of the Council’s preparatory bodies, 
provided that they are not covered by any of the exceptions laid 
down in Article 4 of Regulation (EC) No 1049/200162. The publicity 
does not, therefore, concern the agendas of the Political and 
Security Committee, the Military Committee, the Military Committee 
Working Group, the Politico-Military Working Party, the Security 
Committee and the Terrorism Working Parties (internal and 
international aspects), as these are covered by the exceptions under 
Article 4 of the Regulation. The provisional agenda is available 
before the meeting and updated if any changes are made. Since 
1 January 2000, the list of provisional agendas has been made 
publicly available on the internet (www.consilium.europa.eu).

C. 

Making votes, explanations of votes, statements in the 
minutes and minutes public (Articles 7 and 9 CRP)

Article 7 deals with the openness of the legislative procedure. It 
specifies in what cases and under what conditions the results of 
votes and explanations of votes by members of the Council or their 
representatives on the Conciliation Committee, the statements 
in the minutes and the items in those minutes relating to the 
Conciliation Committee meeting63 are made public (Article 7(4)). 

Article 9 deals with openness in other cases, that is, in non-
legislative cases. It specifies in what cases and under what 
conditions the results of votes and explanations of votes by Council 
members, the statements in the minutes and the items in those 
minutes relating to the relevant acts64, are made public.

62 

63 
64 

Regulation (EC) No 1049/2001 of the European Parliament and of the Council 
of 30 May 2001 regarding public access to European Parliament, Council and 
Commission documents (OJ L 145, 31.5.2001, p. 43).
On ‘statements in the minutes’ and ‘minutes’, see Chapter II, point 5.
ibid.

65

Comments on the Council’s Rules of Procedure

EN‘Votes’ comprise decisions taken by one of the three voting rules 
provided for in the Treaty (Article 238 TFEU), namely unanimity, 
qualified majority and simple majority. Consensus and common 
accord are not voting rules and are therefore not ‘votes’ within the 
meaning of Articles 7 and 9 CRP. Except in cases where the Council’s 
deliberations are opened to the public under Articles 7 and 8 CRP, 
it is formal votes (i.e. the results of the votes: who voted for what) 
that are made public – that is, votes by which the Council adopts 
a legal act or adopts its position by virtue of the decision-making 
power conferred upon it by the Treaties or by an act based thereon. 
Accordingly, unless the Council specifically decides to make such 
deliberation public by lifting the professional secrecy, the results of 
votes are not made public when the Council holds indicative votes 
or when it adopts preparatory acts (when they relate, for instance, 
to authorising the Commission to open negotiations with a view to 
the conclusion of an international agreement, and directives to that 
end) (Article 9(3) CRP). 

The principle of making public the results of votes applies, of 
course, both to decisions taken as A items and to those taken as B 
items.

An ‘explanation of a vote’ is a brief statement of the specific reasons 
that led a Council member to vote in a given way (for, against or 
abstention); it should add something to the reasons set out in the 
recitals to the relevant act, or, in the case of a vote against, it should 
not simply express a rejection of those reasons but give more 
explanation.

As regards making public the results of votes, explanations of 
votes by Council members, statements in the minutes and items 
in the minutes relating to the relevant acts, a distinction must be 
drawn between cases in which they are automatically made public 
and those in which they are made public by a Council or Coreper 
decision.

(a) 

 Automatic publicity

The results of votes, explanations of votes by Council members, 
statements in the minutes and items in the minutes relating to the 
relevant acts are automatically made public in the following cases: 

66

Comments on the Council’s Rules of ProcedureEN• 
• 

• 

the Council deliberates and votes on legislative acts;
the Council deliberates on certain non-legislative acts that are 
opened to the public (Article 8(1) CRP).
the Conciliation Committee set up by Article 294 TFEU meets. 
In cases where Council members are represented in the 
Conciliation Committee, the results of their representatives’ 
votes, and explanations of those votes, are made public.

In the above cases, the results of votes, explanations of votes by 
Council members, statements in the minutes and items in the 
minutes relating to the relevant acts are made public and the 
Council cannot decide otherwise.

(b) 

Publicity by a Council or Coreper decision

When the Council acts within the framework of Title V TEU (CFSP) 
and in certain other cases, the results of votes are made public only 
where the Council or Coreper so decides.

When the Council acts within the framework of Title V TEU (CFSP), at 
the request of a Council or Coreper member, the Council or Coreper 
may decide unanimously to make public the results of a vote. In 
other cases the decision is taken by a simple majority in response 
to a request by a Council or Coreper member. It is not possible to 
take a blanket decision, at the beginning of a Council meeting, to 
make public the results of the votes. A decision can only be taken on 
a case-by-case basis, after each vote. The President must therefore 
ask the Council members after each vote whether the results of the 
vote in question should be made public (in practice, this is included 
in the A item notes).

When the results of votes are made public in the cases set out 
above, the explanations of votes given at the time of voting are also 
made public at the request of the Council members concerned, 
with due regard for the CRP, the principle of legal certainty and the 
interests of the Council. The decision is taken by a simple majority. 
In this connection, it should be emphasised that, when drawing up 
their explanations of votes, Council members must comply with the 
principle of the professional secrecy of Council deliberations laid 
down in Article 6(1) CRP.

67

Comments on the Council’s Rules of Procedure

ENWith regard to explanations of votes, it should be noted that 
they can never be given after the event; they must always be 
communicated to the Council when the vote is held, either orally 
or in writing. This needs to be done so that Council members 
can assess the extent to which the explanation is compatible 
with the CRP, legal certainty and the interests of the Council. The 
Commission must also be able to make any comments it may have. 
In addition, each Council member must be able to decide whether 
it considers it appropriate to request that the explanation of its own 
vote also be made public.

Statements in the Council minutes and items in the minutes relating 
to the adoption of the acts referred to in the cases set out above are 
also made public if so decided by the Council or Coreper by a simple 
majority at the request of one of their members.

D. 

Other measures of legislative transparency

On 14 July 2020 Coreper endorsed a new approach to strengthening 
legislative transparency65. This approach adds to the list of 
documents that must be made public upon circulation in 
accordance with Article 7(2) CRP and Article 11(5) of Annex II CRP 
(notably documents submitted to the Council that are listed under 
an item on its agenda included in the ‘Legislative deliberations’ part 
or marked with the words ‘public deliberation’ or ‘public debate’ 
and notes submitted to Coreper and to the Council (I/A item notes) 
or to the Council (A item notes) for approval concerning draft 
legislative acts and acts referred to in Article 8(1) CRP). 

More specifically, in accordance with the new approach to 
strengthening legislative transparency, the following are made 
directly accessible to the public:

• 

progress reports submitted to Coreper, provided no objection 
has been raised in Coreper to their disclosure;

65 

ST 9493/20

68

Comments on the Council’s Rules of ProcedureEN• 
• 

• 

• 

• 

initial mandates66 to start trilogues endorsed at the level of Coreper; 
the document drafted for the purposes of trilogues containing 
the initial positions (not compromise proposals) of the 
institutions,
the final position of the Council reflecting the final outcome of 
negotiations, after examination by Coreper,
the offer letter once it has been sent to the EP, along with its 
annex,
documents relating to the adoption stage of a legislative file, 
including the PE-CONS document, approval or non-approval 
of the position of the European Parliament at first reading, 
the Council position at first reading, the statement of reasons, 
and the approval or non-approval of European Parliament’s 
amendments at second reading.

E. 

Public access to documents

Under Article 15(3) TFEU, every citizen is entitled to have access to 
documents of the Union institutions, bodies, offices and agencies. 
The terms under which this right may be exercised are set out in 
Regulation (EC) No 1049/2001 and, more especially as regards the 
Council, in Annex II to the CRP. They are explained in detail in the 
Council Guide ‘Transparency – Access to documents’. 

7. 

Language rules (Article 14 CRP)

The language rules that apply to the Treaties (TEU, TFEU, 
Euratom) and the Treaties amending them (see A below) must be 
distinguished from the rules applicable to the institutions of the 
European Union (official languages and working languages) (B). 
Moreover, the use at the Council of additional languages whose 
status is recognised under the constitution of a Member State may 
be authorised (C).

66 

‘Mandate’ is to be understood as the position set out in the four-column 
document without including possible fallback positions for the negotiations. 
It does not include the cover note that accompanies the four-column 
document either.

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Comments on the Council’s Rules of Procedure

ENA. 

Language rules applying to the constituent Treaties

The texts of the treaties on which the European Union is founded 
are authentic in 24 languages, namely Bulgarian, Spanish, Czech, 
Danish, German, Estonian, Greek, English, French, Irish, Croatian, 
Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, 
Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish67. 

B. 

Language rules applying to the institutions of the 
European Union (official languages and working 
languages)

The rules applicable to the institutions are based on Article 342 TFEU.

(a) 

Basic texts

Article 342 TFEU instructs the Council to determine by unanimity 
the rules governing the languages of the institutions of the Union 
‘without prejudice to the provisions contained in the Statute of the 
Court of Justice of the European Union’. It was therefore on that 
basis that on 15 April 1958 the Council adopted Regulation No 1 
determining the languages to be used by the European Economic 
Community68 and Regulation No 1 determining the languages 
to be used by the European Atomic Energy Community69, which 
have been amended regularly by the various acts of accession 
(hereinafter referred to as ‘Regulation No 1’). Today, that Regulation 
provides for twenty-four official languages and working languages 

67 

68 

69 

See Article 55 TEU, Article 358 TFEU, Article 225 of the Euratom Treaty, and 
acts of the Accession Treaties, most recently Articles 14 of the Act concerning 
the conditions of accession of the Republic of Croatia and the adjustments to 
the Treaty on European Union, the Treaty on the Functioning of the European 
Union and the Treaty establishing the European Atomic Energy Community. 
See in this respect the Decision of the Council of the European Union of 5 
December 2011 on the admission of the Republic of Croatia to the European 
Union (OJ L 112, 24.04.2012, p. 6).
Council Regulation No 1 of 15 April 1958 determining the languages to be 
used by the European Economic Community (OJ 17, 6.10.1958, p. 385), as last 
amended by Council Regulation (EU, Euratom) 2015/2264 of 3 December 2015 
(OJ L 322, 8.12.2015, p. 1).
Council Regulation No 1 of 15 April 1958 determining the languages to be used 
by the European Atomic Energy Community (OJ 17, 6.10.1958, p. 401), as last 
amended by Council Regulation (EU, Euratom) 2015/2264 of 3 December 2015 
(OJ L 322, 8.12.2015, p. 1).

70

Comments on the Council’s Rules of ProcedureENof the institutions of the European Union. The main provisions of 
that Regulation are as follows:

• 

• 

• 

the official languages and the working languages of the 
institutions of the Union are Bulgarian, Spanish, Czech, 
Danish, German, Estonian, Greek, English, French, Irish, 
Croatian, Italian, Latvian, Lithuanian, Hungarian, Maltese, 
Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, 
Finnish and Swedish (Article 1);
documents which a Member State or a person subject to the 
jurisdiction of a Member State sends to the institutions may 
be in one of the official languages selected by the sender, the 
reply being drafted in the same language, whereas documents 
which an institution sends to a Member State or to a person 
subject to its jurisdiction are drafted in the language of that 
State (Articles 2 and 3); only the text in the language used in 
that correspondence is authentic;
regulations and other documents of general application are 
drafted in the official languages (Articles 4 and 5); all the 
language versions are authentic.

One official and working language – Irish – was covered by 
temporary derogation measures in respect of these principles. This 
derogation ceased to apply from 1 January 2022. Irish is one of the 
authentic languages of the constituent Treaties. On 1 January 2007 
it also became one of the official and working languages of the 
European Union by virtue of an amendment to Regulation No 170, 
which nonetheless established the following temporary derogation 
measures:

• 

• 

70 

The institutions of the European Union were not bound by the 
obligation to draft all acts in Irish and to publish them in that 
language in the Official Journal.
This was, however, a partial derogation, and its scope did not 
cover regulations adopted jointly by the European Parliament 
and the Council (i.e. ordinary legislative procedure), which 

Council Regulation No 1 of 15 April 1958 determining the languages to be 
used by the European Economic Community (OJ 17, 6.10.1958, p. 385), as last 
amended by Council Regulation (EU, Euratom) 2015/2264 of 3 December 2015 
(OJ L 322, 8.12.2015, p. 1). 

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Comments on the Council’s Rules of Procedure

ENwere therefore adopted and published in all the official 
and working languages of the institutions, including Irish. 
Furthermore, this derogation did not apply to other categories 
of acts listed in the Annex to Council Regulation 2015/226471, 
from the respective dates specified therein for each category.

This temporary derogation was established for a renewable period 
of 5 years and was extended twice72.It was phased out on 1 January 
2022, in accordance with Council Regulation (EU, Euratom) No 
2015/2264.

(b) 

Arrangements for internal implementation (Article 14 CRP)

Under Article 6 of the abovementioned Council Regulation No 1, 
the institutions may stipulate in their rules of procedure which 
of the languages are to be used in specific cases; the Council has 
done so in Article 14 CRP. This Article does not contain provisions 
on interpreting; it deals solely with language arrangements for 
documents submitted to the Council.

i. 

The principle

Under Article 14(1) CRP, ‘the Council shall deliberate and take 
decisions only on the basis of documents and drafts drawn up in 
the languages specified in the rules in force governing languages’ 

71 

72 

Council Regulation (EU, Euratom) No 2015/2264 extending and phasing out 
the temporary derogation measures from Regulation No 1 of 15 April 1958 
determining the languages to be used by the European Economic Community 
and Regulation No 1 of 15 April 1958 determining the languages to be used by 
the European Atomic Energy Community introduced by Regulation (EC) No 
920/2005 (OJ L 322, 8.12.2015, p. 1).
On 20 December 2010, the Council decided to extend the derogation 
provided for in Article 2 of Regulation No 920/2005 for a period of 5 years 
from 1 January 2012 by means of Council Regulation (EU) No 1257/2010 
extending the temporary measures from Regulation No 1 of 15 April 1958 
determining the languages to be used by the European Economic Community 
and Regulation No 1 of 15 April 1958 determining the languages to be used 
by the European Atomic Energy Community introduced by Regulation (EC) 
No 920/2005 (OJ L 343, 29.12.2010, p. 5). On 3 December 2015, the Council 
decided to extend the derogation provided for in Article 2 of Regulation No 
920/2005 for a period of 5 years from 1 January 2017 by means of Council 
Regulation (EU, Euratom) No 2015/2264 (OJ L 322, 8.12.2015, p. 1).

72

Comments on the Council’s Rules of ProcedureEN(i.e. the abovementioned Council Regulation No 1)73. The term 
‘drafts’ refers in particular to Commission proposals that must be 
submitted to the Council in the 24 official languages74. If the Council 
does not have the relevant documentation available in all official 
languages on the day of the meeting, a delegation may, under 
Article 14 CRP, oppose deliberating on the relevant item. More 
especially, Article 14(2) CRP enables any member of the Council 
to oppose deliberating if the text of any proposed amendments is 
not drawn up in all the official language75. The Court confirmed this 
reading: ‘Article 14 must be interpreted – and is applied in practice 
by the institution – to the effect that, whilst paragraph 1 of that 
article requires that the drafts that constitute the “basis” of the 
Council’s deliberations, in this instance the Commission’s initial 
proposal, must as a rule be drawn up in all the official languages of 
the European Union, paragraph 2 lays down a simplified procedure 
for amendments, which do not necessarily have to be available 
in all the official languages of the European Union. Only where a 
Member State objects do the language versions indicated by that 
Member State also have to be submitted to the Council before it can 
continue to deliberate’76.

Therefore, a particular effort is made by the translators and, as the case 
may be, the lawyer-linguists of the GSC to ensure that documents are 
available in all required languages at Council meetings. In addition, 
subject to the possible derogations set out below (see point (ii) on 
waivers), an act may be formally adopted only if it has been revised by 
the lawyer-linguists in the 24 official languages .

73 

74 

75 

76 

Note that under the procedure provided for in Article 14(1) (unanimous 
decision concerning deliberations and decisions on the basis of documents 
and drafts not drawn up in all the languages), when under the Treaties 
members of the Council or of Coreper may not participate in the vote, account 
is not to be taken of votes of such members (Annex IV paragraph 1(h) CRP). 
See Chapter III, point 1.C.
Subject to the temporary derogation, where applicable, for the Irish language. 
See point 7.B(a).
A member of the Council or of Coreper may not make use of this provision in 
connection with decisions on which, under the Treaties, he or she may not 
participate in the vote (Annex IV point 2(d) CRP). See Chapter III, point 1.C.
Judgment of the Court (Grand Chamber) of 6 September 2017, Slovak Republic 
and Hungary v Council of the European Union, joined cases C-643/15 and 
C-647/15, EU:C:2017:631, paragraph 201.

73

Comments on the Council’s Rules of Procedure

ENWhere the provisional agenda for a Council meeting contains an 
item on a Commission proposal that the Commission, contrary to 
Regulation No 1, has not submitted to the Council in all languages, 
the item concerned cannot be included on the final agenda unless 
the Council agrees unanimously to its inclusion (equivalent to an 
item included out of time; see Article 3(4) and (7) CRP). However, 
this agreement may be deemed to be reached tacitly with the 
adoption of the final agenda when the meeting begins, without 
the need for adoption of a separate procedural decision. Where the 
Council is bound by a procedural time limit (e.g. in an anti-dumping 
or ordinary legislative procedure), formal referral of the proposal to 
the Council takes place – and the time limit begins – only once the 
Council has received the proposal in all languages.

It should be noted that:

• 

• 

regulations, directives or decisions adopted under the 
ordinary legislative procedure, Council and Commission 
regulations, Council and Commission directives addressed 
to all Member States, and Council and Commission decisions 
which do not specify to whom they are adressed cannot enter 
into force (nor can the Member States be notified thereof), nor 
can they be published in the Official Journal, unless the text 
in question exists in all official languages (Articles 4 and 5 of 
Regulation No 1), that is, in the 24 official languages;
a position of the Council at first reading adopted pursuant to the 
ordinary legislative procedure is not forwarded to the European 
Parliament unless it is available in all 24 official languages.

ii. 

 Waivers

Article 14(1) CRP allows for the possibility of waiving the rule under 
which the Council deliberates and takes decisions only on the basis 
of documents and drafts drawn up in line with the language rules. 
The Council may decide to waive that rule, provided that it does so 
unanimously and on grounds of urgency.

• 

Unanimous decision to waive the rule

The Council may waive the rule set out in Article 14(1) CRP by 
unanimous decision only. The same applies both in cases where the 
Council merely deliberates without adopting an act or approves an 

74

Comments on the Council’s Rules of ProcedureENatypical instrument (e.g. a statement or conclusions) and in cases 
where the Council adopts a legal act (a regulation, directive, decision 
or position at first reading under the ordinary legislative procedure).

However, only where the Council has to adopt a legal act must this 
waiving of the rule take the form of a procedural decision, taken 
separately and unanimously, with reference made to the urgent 
need to adopt the act in fewer languages than specified in the 
language rules. This procedural decision must be recorded in the 
minutes of the Council meeting concerned. It may either, in respect 
of A items, be indicated expressly in the I/A item note submitted 
to the Council or, in respect of B items, be taken orally during the 
meeting. The Presidency must in this case explicitly acknowledge 
that procedural decision. Once the procedural decision has been 
taken, the Council may adopt the legal act in question under the 
voting rules provided for in the legal basis for the act. Thus, in 
practice, whenever the Council has recourse to the waiver provided 
for in Article 14(1) CRP when adopting a legal act, it is necessary to:

• 

• 

• 

• 

indicate it in the documents submitted to it (report to the 
Council, I/A item notes);
record in the Council minutes the decision to have recourse to 
the waiver and outline briefly the grounds for that decision;
likewise record therein any decision to stay publication or 
notification of the act pending availability of the text in the 24 
official languages (thereby rendering the matter concerned 
not urgent);
ensure subsequent adoption of the missing language versions 
by the Council (I/A item).

By contrast, where Council deliberations do not relate to the 
adoption of a legal act, unanimity on the waiver can be deemed 
to have been reached tacitly if no objections are raised when the 
Council deals with the item concerned, without the need for the 
formal adoption of a separate procedural decision.

• 

Grounds of urgency

The circumstances may be deemed urgent in the following instances 
in particular:

75

Comments on the Council’s Rules of Procedure

EN• 

• 

• 

• 

where failure to adopt an act threatens to place the Union in 
breach of international law;
where the Council must adhere to a procedural time limit (e.g. 
in an anti-dumping or ordinary legislative procedure);
where a rapid decision in the field of the CFSP is imperative 
(see Article 30(2) TEU);
where there is the risk of a legal vacuum.

In practice, the waiver is mainly used in the first few months 
following the accession of new Member States to the European 
Union, as revised translations in their languages may not be 
available within the period laid down. 

In principle, an act of general application (regulation, directive, 
decision addressed to all Member States, decision which does 
not specify to whom it is adressed) cannot enter into force unless 
it has been drawn up and published in all official languages. 
Having regard to the principle of legal certainty, an act of general 
application cannot be applied to those concerned before they 
have had the opportunity to acquaint themselves with it77. Such an 
opportunity is provided when an act is drawn up in accordance with 
the language rules and is published in the Official Journal.

Nevertheless, in cases of urgency, decisions referred to in Article 25 
TEU (CFSP) – acts whose publication must be decided on a case-by-
case basis78 – may enter into force prior to their having been drawn 
up in all languages, except where they affect the legal situation of 
individuals, be they natural or legal persons (as in the cases of an 
entry ban, freezing of assets, etc.)79.

Thus, with the exception of the Article 25 TEU decisions referred to 
above, the circumstances can never really be qualified as urgent 

77 

78 

79 

See, for example, judgment of 25 January 1979, A. Racke v Hauptzollamt 
Mainz, C-98/78, EU:C:1979:14, paragraph 15.
‘The Council or Coreper shall decide unanimously, on a case-by-case basis, 
whether there should be publication in the Official Journal … of the decisions 
referred to in Article 25 of the TEU’ (Article 17(3) CRP).
In the CFSP field, Council acts may be adopted by a simplified written 
procedure (known as COREU) – see Article 12(2) CRP) particularly adapted to 
urgent situations justifying recourse to the waiver provided for in Article 14(1) 
CRP (see Chapter III, point 3.B).

76

Comments on the Council’s Rules of ProcedureENwhen it comes to adopting an act of general application. An act of 
general application cannot be said to require urgent adoption when 
it has not been drawn up in all languages and thus will have no legal 
effect, since it cannot enter into force immediately. This is the case, 
for example, with regard to regulations, directives and decisions 
adopted under the ordinary legislative procedure, Council and 
Commission regulations and directives addressed to all Member 
States, and Council and Commission decisions which do not specify 
to whom they are addressed. Pursuant to Article 297 TFEU, read in 
conjunction with Article 342 TFEU and Articles 3 and 4 of Regulation 
No 1, these acts enter into force only after they have been published 
in the Official Journal in all official languages.

This being the case, where an act of this kind is nonetheless 
adopted in fewer languages than provided for under the language 
rules, it is important that the final clause relating to its entry into 
force should refer to a date set in relation to the date of publication 
in the Official Journal, rather than mentioning a specific date. This 
is necessary in order to avoid legal problems (e.g. the retroactive 
effect of an act that the legislature has not foreseen) in the event of 
the missing language versions being validated later than the date 
originally indicated.

It should be noted that an individual directive or decision may 
enter into force by virtue of its notification to the addressee in the 
latter’s language (see Article 3 of Regulation No 1) before it has 
been drawn up in all languages and, where applicable, published 
in the Official Journal.

Where the Council uses the waiver to adopt an act in fewer official 
languages than provided for under the language rules, the sole date 
of adoption of the act in question is that of its adoption by the Council 
in fewer languages than provided for under the language rules.

C. 

Use of additional languages

The Council conclusions of 13 June 200580 reflect the desire for 
account to be taken of languages other than official and working 
languages whose status is recognised by the constitution of a Member 

80 

OJ C 148, 18.6.2005, p. 1.

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Comments on the Council’s Rules of Procedure

ENState in all or part of its territory or the use of which as a national 
language is authorised by law. It seeks to enable the Council – and 
possibly other EU institutions and bodies – to use such languages on 
the basis of an administrative arrangement concluded between the 
Member State in question and the Council, whereby:

• 

• 

• 

translations into these languages of acts adopted in the 
ordinary legislative procedure by the European Parliament 
and the Council can be published (without their having legal 
status);
the government of a Member State may use one of these 
languages to address a meeting (passive interpreting);
citizens of the Member State concerned may send a 
communication to an institution or body in one of these 
languages, via a body appointed by said Member State, and 
may receive a reply in that language.

The Council has concluded such an arrangement with the 
Kingdom of Spain81 regarding languages whose status is 
recognised by the Spanish constitution, namely Catalan/
Valencian, Basque and Galician.

81 

OJ C 40, 17.2.2006, p. 2.

78

Comments on the Council’s Rules of ProcedureENChapter III. 
Council decision-making

1. 

A. 

Voting arrangements (Article 11 CRP)

Decision to take a vote

Under Article 11(1) CRP, the decision to hold a vote is taken by the 
Presidency, which judges its desirability, even if it may be obliged 
to do so by a decision of the Council taken by a simple majority. 
The second subparagraph of Article 11(1) CRP provides that any 
member of the Council or the Commission may request a vote. In 
that event, the Presidency must open a voting procedure, provided 
that a majority of the Council’s members (i.e. a simple majority) so 
decides82. That provision merely reflects the unwritten general rule 
that the Presidency is always in the Council’s hands: the Council can 
always override a procedural decision taken by its President.

However, as stated earlier (see Chapter II, point 3), a set of rules 
is applied when setting the provisional agenda that makes 
surprise voting unlikely. Indicating an item with an asterisk on the 
provisional agenda to indicate that the necessary prior procedural 
steps have been respected so that a vote may be taken on that 
item keeps Council members constantly aware of the possibility of 
requesting such a vote in accordance with the second subparagraph 
of Article 11(1) CRP. It does not, however, imply that a vote will 
necessarily be taken.

82 

Note that, when, under the Treaties, members of the Council may not 
participate in the vote, account is not to be taken of votes by such members in 
respect of the decision to take a vote (Annex IV point 1(f) CRP). Furthermore, a 
member of the Council may not make use of this provision in connection with 
decisions on which, under the Treaties, that member may not participate in 
the vote (Annex IV point 2(d) CRP).

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Comments on the Council’s Rules of Procedure

EN 
B. 

Voting procedure

Pursuant to Article 11(2) CRP, the members of the Council vote in 
the order laid down in the list of successive presidencies, beginning 
with the member who, according to that order, follows the member 
holding the office of President. That practice is not always followed, 
but it is specifically followed in circumstances where the vote is 
of greater significance or where delegations’ positions are not 
sufficiently clear. As often as not, at the end of the discussion, the 
President asks the members voting for, against or wishing to abstain 
to identify themselves. Whatever the practice followed, it should be 
noted that the Council takes a vote whenever it adopts a legal act in 
accordance with the Treaties.

A member of the Council may wish to receive confirmation from 
his or her national authorities of the position to be adopted, or the 
internal formalities for defining his or her position may not have 
been completed. He or she will then enter a reservation, which may 
subsequently be withdrawn, but only during the same meeting. If 
at the end of the meeting the reservation is not withdrawn and that 
reservation has been converted into a vote against or an abstention 
whereby the required majority has not been achieved, the item is 
not adopted. Apart from the written procedure, formal voting is 
carried out only during a formal meeting of the Council.

Where the Council acts on a proposal from the Commission, at 
some stage in the procedure the Commission may be unable to 
agree to the amendments that the Council intends to make to its 
proposal. This situation changes the Council’s voting rules, since, 
under Article 293(1) TFEU, the Council must act unanimously 
if it wishes to adopt an act constituting an amendment to the 
Commission proposal to which the Commission does not agree. In 
practice, therefore, the Council votes only when the Commission 
has clearly adopted a position on any amendment of its proposal. 
There is, however, no need for a written document to this effect: 

80

Comments on the Council’s Rules of ProcedureENthe Commission may amend its proposal in line with the Council’s 
desired amendments even orally during the meeting83.

Finally, the Council (or its preparatory bodies) often takes a so-
called indicative vote that serves to identify its members’ positions 
concerning the item under consideration. An indicative vote is not a 
vote within the meaning of the Treaty and has no legal effect. Such 
an indicative vote does not need to be made public (Article 9(3) 
CRP). Formal adoption, with a formal vote, must therefore take 
place in due course84.

The voting rules within the Council are laid down in Article 238 
TFEU. There are three voting rules provided for in the Treaty: the 
Council acts by a majority of its members (known as a simple 
majority), by a qualified majority or unanimously. Neither 
‘consensus’ nor ‘common accord’85 constitutes a voting rule within 
the meaning of the Treaty in respect of the adoption of Council 
acts. The voting rules are not used for the approval of atypical acts 
of a political nature with no legal basis under the Treaty, such as 
resolutions, conclusions and declarations.

83 

84 
85 

Judgment of the Court (Grand Chamber) of 6 September 2017, joined cases 
C-643/15 and C-647/15, Slovakia and Hungary v Council, EU:C:2017:631, 
paragraphs 179, 181, 183: ‘So far as Article 293(2) TFEU is concerned, the Court 
has already held that the amended proposals that the Commission adopts 
do not have to be in writing as they are part of the process for adopting 
EU acts, a characteristic of which is a degree of flexibility, necessary for 
achieving a convergence of views between the institutions (see to that effect, 
judgment of 5 October 1994, Germany v Council, C-280/93, EU:C1994:367, 
paragraph 36. ‘[…] the Commission may be considered to have exercised its 
power of amendment under Article 293(2) TFEU when its participation in the 
process clearly shows that it has approved the amended proposal. […] [The 
Commission] submits in that regard that it amended its initial proposal since 
it approved the amendments made to that document at the various meetings 
held within the Council.’
See Chapter III, point 3, for voting by the written procedure.
Acts of the Representatives of the Governments of the Member States meeting 
within the Council are adopted by ‘common accord’, which implies the 
agreement of all the Member States. They are not Council acts. The TFEU, for 
example, provides in a number of provisions for the adoption of an act by the 
Member States themselves or their governments rather than the Council (see 
Article 253 on the appointment of judges and advocates-general of the Court 
of Justice, Article 254 on the appointment of judges of the General Court, 
Article 341 on determining the seats of the institutions, etc.) and specifies that 
common accord is required.

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Comments on the Council’s Rules of Procedure

ENThere are certain cases in which the Treaty explicitly provides for 
recourse to a common accord. These are, however, only where 
Governments of the Member States are to act as specified by the 
Treaties, not where the Council, which is a Union institution, acts.

Since decisions pursuant to the CRP are always procedural, the 
default voting rule in the CRP is a simple majority, unless the CRP 
provisions specifically provide for other voting arrangements 
(Article 1(5) first subparagraph CRP).

(a) 

 Simple majority voting

In accordance with Article 238(1) TFEU, where it is required to act by 
a simple majority, the Council acts by a majority of its constituent 
members (i.e., at twenty-seven Member States, a majority is 
fourteen members). Such is the case, for example, with the 
adoption of the CRP or procedural decisions (Article 240(3) TFEU), 
requests for studies or proposals addressed to the Commission 
(Article 241 TFEU) or decisions taken pursuant to Article 337 TFEU86. 
In accordance with the first subparagraph of Article 1(5) CRP, simple 
majority is the default voting rule when acting under the CRP, 
unless the CRP expressly provides for other voting rule. Such is for 
instance the case for meeting outside the Council seat (unanimity, 
Article 1(3) second subparagraph CRP) or for adopting security rules 
(reinforced qualified majority, Article 24 CRP).

(b) 

 Qualified majority voting

Since the entry into force of the Treaty of Lisbon, qualified majority 
voting is the default voting rule (Article 16(3) TEU). The Treaty 
expressly sets out the applicable voting rule when the default rule 
of a qualified majority does not apply. It applies in particular in the 
areas subject to the ordinary legislative procedure.

Since 1 November 2014, the new ‘double majority’ system applies 
(Article 16(4) TEU; Article 238(2) TFEU). Under this system, a 
qualified majority in the Council is achieved if the following 
conditions are met.

86 

See judgment of 9 November 1995, Germany v Council, C-426/93, 
EU:C:1995:367.

82

Comments on the Council’s Rules of ProcedureEN(i) 

Article 16(4) TEU: where the Council acts on a proposal 
from the Commission or from the High Representative, at 
least 55 % of the members of the Council (i.e. 15 members 
in favour out of the current 27 members), and representing 
Member States comprising at least 65 % of the Union’s 
population, vote in favour. 

In addition, the blocking minority must include at least 
four Council members, failing which the qualified majority 
is deemed to be attained. In practice, this means that if 25 
members – out of the current 27 members – vote in favour, 
the qualified majority is deemed to have been reached, with 
the percentage of population that they comprise becoming 
irrelevant for the definition of the qualified majority.

(ii)  Article 238(2) TFEU: where the Council does not act 

on a proposal from the Commission or from the High 
Representative, at least 72 % of the Council members (i.e. 20 
out of the current 27 members), representing Member States 
comprising at least 65 % of the Union’s population, vote in 
favour. This is known as a reinforced qualified majority.

In cases where not all members of the Council participate in voting 
pursuant to the Treaties, a qualified majority is achieved if the 
following conditions are met (Article 238(3) TFEU).

(i) 

 Where the Council acts on a proposal from the Commission or 
the High Representative, at least 55 % of the Council members 
representing the participating Member States and comprising 
at least 65 % of the population of these States vote in favour.

In addition, the blocking minority must include at least the 
minimum number of Council members representing more 
than 35 % of the population of the participating Member 
States, plus one member, failing which the qualified majority 
is deemed to be attained.

(ii)  Where the Council does not act on a proposal from the 

Commission or the High Representative, at least 72 % of the 
Council members representing the participating Member 

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Comments on the Council’s Rules of Procedure

EN 
States and comprising at least 65 % of the population of these 
states vote in favour.

The Council approves the figures for the total population of each 
Member State every year on the basis of the annual data sent by the 
Member States to the Statistical Office of the European Union. These 
figures, as last amended, are listed in Annex III CRP.

(c) 

 Unanimity

Article 238(4) TFEU provides that abstentions by members present 
in person or represented must not prevent the adoption by the 
Council of acts which require unanimity.

In addition to cases in which the Council adopts an act amending a 
Commission proposal (Article 293(1) TFEU), unanimity is required 
in the CFSP areas (except a few cases; see Article 31 TEU) and 
by a number of Articles of the TFEU, such as those concerning 
harmonisation of indirect taxation (Article 113), legislative 
harmonisation in fields other than those provided for in Article 114 
TFEU (Article 115), certain measures to protect the environment 
(Article 192(2)) and certain measures in the fields of social policy 
(Article 153(2) and Article 155(2)), and in addition the flexibility 
clause (Article 352).

C. 

Absence of the possibility to participate in the vote

There are cases in respect of which the Treaties stipulate that 
members of the Council may not participate in votes to adopt 
certain decisions. In these cases, Article 16 CRP provides that 
account is not taken of the votes by such members of the Council or 

84

Comments on the Council’s Rules of ProcedureENof Coreper for the application of certain provisions of the CRP, which 
are listed in Annex IV thereto87. Those provisions are:

(a)  Article 1(3) second subparagraph (holding of a meeting in a 

place other than Brussels or Luxembourg);

(b) 

 Article 3(7) (inclusion on the agenda of an item other than 
those appearing on the provisional agenda);

(c)  Article 3(8) (maintaining as a B item on the agenda an A item 

that would otherwise have had to be withdrawn from the 
agenda);

(d)  Article 5(2), as regards the presence of the European Central 

Bank only (deliberation without the presence of the European 
Central Bank);

(e) 

 Article 9(2), first subparagaph, point (b) and second and 
third subparagraphs (making public the results of votes, 
explanations of votes, statements in the Council minutes and 
items in those minutes relating to cases other than those 
when the Council adopts non-legislative acts referred to in 
Article 8(1) CRP);

(f) 

Article 11(1), second subparagraph (opening of a voting 
procedure);

(g) 

 Article 12(1) (use of the written procedure);

(h)  Article 14(1) (decision to deliberate and take decisions 

exceptionally on the basis of documents and drafts not drawn 
up in all the languages);

87 

It should be pointed out, however, that according to statement (g) re Article 16 
and Annex IV, ‘The Council agrees that the provisions of Article 16 and Annex 
IV apply to acts for the adoption of which some members of the Council are, 
under the Treaties, not entitled to vote. However, application of Article 7 of 
the TEU is not covered by those provisions’. The statement stipulates further 
that ‘In the first application of the provisions on enhanced cooperation, 
the Council will, in the light of experience acquired in other fields, consider 
any adaptations necessary to Article 16 of and Annex IV to these Rules of 
Procedure’.

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Comments on the Council’s Rules of Procedure

EN(i) 

Article 17(2)(a) (non-publication in the Official Journal of an 
initiative presented by a Member State pursuant to Article 76 
TFEU);

(j) 

Article 17(2)(b) (non-publication in the Official Journal of 
certain directives, decisions, recommendations and opinions);

(k)  Article 17(5) (whether to publish in the Official Journal 

decisions taken by a body set up under an international 
agreement).

Furthermore, it is stipulated that a member of the Council or 
of Coreper may not make use of certain provisions of the CRP 
in connection with decisions on which, under the Treaties, that 
member may not participate in the vote. Those provisions are:

(l) 

Article 3(8) (possibility of a member of the Council requesting 
withdrawal of an ‘A’ item from the agenda);

(m)  Article 11(1), second subparagraph (possibility of a member of 
the Council requesting the opening of a voting procedure);

(n)  Article 11(3) (possibility of a member of the Council acting on 

behalf of another in a vote);

(o)  Article 14(2) (possibility for any member of the Council to 

oppose discussion if the texts of any proposed amendments 
are not drawn up in the language he or she has specified).

2. 

Quorum and delegation of voting rights 
(Articles 4 and 11 CRP)

A. 

Quorum

The quorum requirement must be read in the light of Article 16(2) 
TEU, which provides that the Council consists of a representative 
of each Member State at ministerial level who may commit 
the government of that Member State and cast its vote, and of 
Article 239 TFEU, which provides that, when a vote is taken, any 
member of the Council may act on behalf of not more than one 
other member (see B below). It follows that the physical presence 

86

Comments on the Council’s Rules of ProcedureENof a majority of the members of the Council is required to enable 
the Council to vote (with twenty-seven members, the majority, and 
therefore a quorum, is fourteen).

A quorum is required whenever the Council takes a formal vote 
on one of the five types of legal acts set out in the Treaties (i.e. 
those listed in Article 288 TFEU: regulations, directives, decisions, 
recommendations and opinions) as well as for the formal steps in 
the co-decision procedure under Article 294 TFEU such as positions 
at first reading. This also includes the adoption of procedural 
decisions closely linked to the adoption of legal acts or the fulfilling 
of a formal step in a procedure, for instance decisions to adopt 
an act in fewer than all languages, which requires a unanimous 
decision to derogate from the language regime in accordance 
with Article 14 CRP. Conversely, this excludes atypical acts such 
as conclusions, resolutions, statements and declarations, as well 
as general approaches or political agreements. A quorum is not 
required for their approval. However, where conclusions or other 
atypical acts replace acts having legal effect and a vote is taken 
on them, a quorum is necessary for their approval (see Chapter IV, 
point 6).

Of course, a quorum is crucial both for the adoption of A items and 
for the adoption of a legal act or decision as a B item.

Responsibility for checking that there is a quorum for each instance 
of decision-making by the Council lies with the President, assisted 
by the GSC.

If there is no quorum at the moment the Council takes a formal 
vote, the item or items requiring a formal vote may not be adopted 
by the Council and should be postponed to later during the same 
meeting when quorum will be reached. Unless the requisite number 
of Council members can be present at a given point during the 
remainder of the meeting, the formal vote should be postponed to 
a subsequent meeting of the Council. For such a postponement, in 
the two cases below, the fourteen- or sixteen-day deadline under 
Article 3(1) and (2) CRP does not have to be observed again for the 
inclusion of the items concerned on the provisional agenda of the 
subsequent Council meeting:

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Comments on the Council’s Rules of Procedure

EN• 

• 

if the deadlines had already been respected when the item(s) 
in question were included on the provisional agenda of the 
meeting where quorum was not reached;
where the item(s) were otherwise correctly entered in the 
agenda at the beginning of the Council meeting but there was 
no quorum later when a vote was to be taken on the relevant 
item (e.g. a B item).

B. 

Delegation of voting rights

Article 11(3) CRP replicates Article 239 TFEU in stipulating that 
‘Where a vote is taken, any member of the Council may also act on 
behalf of not more than one other member’88. It follows that each 
Council member may act on behalf of one, and not more than one, 
other member.

Delegation of voting rights is not subject to any kind of formality 
and is done as a matter of course. It is a legal fiction established by 
the Treaty. Once there is a quorum, it can justifiably be assumed 
that an absent member of the Council will have delegated his or her 
voting rights to a fellow Council member. In such an event it is also 
assumed that the vote of an absent member has been legally cast 
by a fellow Council member.

Delegation of voting rights under Article 11(3) CRP is different from 
the representation of a Council member as provided for in Article 4 
CRP. A member of the Council who is unable to attend a meeting 
may arrange to be represented. In practice, the position of the 
member in question, as well as the sense of possible vote (yes, no 
or abstention), is expressed by the Permanent Representative or 
Deputy Permanent Representative of the Member State concerned, 
even though, formally, the power to represent the absent member 
does not include the right to vote, which may be formally cast only 
by one other Council member (see Chapter I, point 2.D).

88 

If a member of the Council or Coreper cannot take part in the voting, he or she 
may not act on behalf of another in a vote (Annex IV paragraph 2(c)).

88

Comments on the Council’s Rules of ProcedureEN3. 

Written procedure (Article 12 CRP)

Recourse to the written procedure is prompted by grounds of urgency. 
Such grounds arise, for instance, where failure to adopt a Council act by 
a specific date would create a legal vacuum, or in general terms, where 
an act must be adopted by a certain deadline but a Council meeting 
has not been scheduled and cannot be arranged in good time. The 
written procedure may also be used if no quorum can be reached at a 
meeting of the Council and, because of urgency, the adoption cannot 
be postponed to the next Council meeting.

The condition of urgency is not met when a Council meeting 
takes place and could thus adopt a Council act as an A or B item. 
Therefore, no written procedure should be launched or run while 
the Council with the necessary quorum is in session. In those 
circumstances, the act concerned should be entered as an A or 
B item on the agenda of that Council meeting. Launching such a 
written procedure or having it run while a Council is in session could 
lead to calling into question the legality of the act adopted, as one 
of the conditions (urgency) for the use of the written procedure will 
not have been fulfilled.

The CRP make provision for two types of written procedure, namely 
the ordinary written procedure and the simplified written procedure 
(known as the ‘silence procedure’).

A. 

Ordinary written procedure

Under this procedure, two possibilities exist for deciding to use the 
written voting procedure:

• 

The decision to use the written procedure may be taken 
beforehand, unanimously, when taken at a Council meeting 
or, in accordance with the voting rule applicable for the 

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Comments on the Council’s Rules of Procedure

EN• 

adoption of the Council acts concerned, when taken at a 
Coreper meeting89.(see Chapter I, point 6).
Failing that, and in specific circumstances, the Presidency may 
propose use of the written procedure by means of the written 
procedure itself. In that case, the decision to agree to use 
the written procedure forms part of the procedure itself: all 
the members of the Council must agree to use of the written 
procedure before expressing their substantive opinions.

In both cases, the Commission must also agree to use of the written 
procedure if it concerns a matter brought before the Council by the 
Commission.

Consequently, where a decision has already been taken by the 
Council or Coreper has already decided to make use of the written 
procedure, there will be only one question put in writing to 
members of the Council, which will be whether they agree to adopt 
the act concerned, object or abstain.

However, if use of the written procedure has not been decided 
beforehand by the Council or Coreper, the members of the Council 
and, where appropriate, the Commission (if the procedure concerns 
a matter which it has brought before the Council) must reply to 
two questions: the first question regarding whether the Council 
members – as well as the Commission, where the procedure 
concerns a matter which the Commission has brought before the 
Council – all agree to the use of the written procedure and the 
second one requesting that the members of the Council express 
their positions on the adoption of the act, which remains subject to 
the relevant voting rules.

89 

Note that Council Decision 2022/1242 amended the Council's Rules of 
Procedure to provide that decisions to use the ordinary written procedure, 
where those decisions are taken by Coreper, should be taken in accordance 
with the voting rule applicable for the adoption of the Council act concerned 
Note that, in accordance with the procedure provided for in Article 12(1) CRP ( 
decision to use the written procedure), when, under the Treaties, members of 
the Council or of Coreper may not participate in the vote, account is not to be 
taken of votes by such members (Annex IV point 1(g)). 

90

Comments on the Council’s Rules of ProcedureEN 
In order to expedite the written procedures, replies must be 
addressed to the GSC official responsible for the file. Replies must, 
of course, be written (email suffices). Oral replies are not sufficient 
in any case.

If the deadline for replying has not already been agreed within 
the Council or Coreper, it is set in accordance with the urgency 
of the matter. The importance of meeting the deadline must be 
emphasised, above all if the act has to be adopted before a specific 
date. If replies are late, before the expiry of the deadline set out in 
the document launching the written procedure, the GSC will issue 
a reminder and, if replies are still missing, the General Secretariat 
will extend the deadline to allow those remaining replies to be 
submitted.

All members of the Council participating in the vote must 
communicate their vote to the GSC. Only once all replies are 
received and the GSC has closed the procedure by issuing a 
communication to that effect is the act subject to that written 
procedure considered adopted. Articles 7 and 9 CRP, in particular 
the rules regarding the making public of votes and the explanations 
of votes, also apply to the written procedure.

Once the GSC is certain that the conditions for adoption of the 
act have been met, it takes the necessary steps for signature, 
publication in the Official Journal or notification of addressees.

It is the GSC’s responsibility to conclude written procedures and to 
note their results.

In that same closing note, the GSC also informs all members of the 
Council and, where appropriate, the Commission of any unilateral 
statements made by the other members of the Council or by the 
Commission. Ideally, such statements are communicated by the 
members of the Council or the Commission before the written 
procedure is launched (e.g. such statements are communicated 
at the meeting of Coreper where the decision on the use of the 
written procedure is taken), in order to allow time for the other 
members of the Council or the Commission to consider whether 
they want to respond to those statements. Neither the conduct nor 
the completion of the written procedure for adoption of the act 
concerned is affected by such statements.

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Comments on the Council’s Rules of Procedure

ENActs adopted by the written procedure are regularly the subject of 
press releases drawn up individually by the GSC’s press office. The 
outcome and explanation of the vote may be made public, together 
with the statements, under the terms of Article 9 CRP (see Chapter 
II, point 6.C).

The GSC produces a monthly summary of acts adopted under the 
written procedure, which includes any statements and explanations 
of votes. The sections of the summary which relate to the adoption 
of legislative acts must be made public.

In addition, at a minimum, the following are archived by the GSC:

• 

• 

• 

the communication opening the written procedure, the 
document on which the procedure was based and any Council 
statements,
the replies from members of the Council and, where 
appropriate, the Commission, together with any unilateral 
statements,
the duly signed original of the act adopted by the Council.

B. 

Simplified written procedure (‘silence procedure’)

The simplified written procedure is to be understood as meaning a 
written procedure under which no response from a member of the 
Council by the time a set deadline expires implies acceptance of the 
adoption of the act in question. In contrast to the ordinary written 
procedure, Council members are not obliged to respond expressly. 
That is why the procedure has been called the ‘silence procedure’.

The silence procedure is launched on the initiative of the 
Presidency, although any member of the Council, and the 
Commission, is free to suggest using the procedure to the 
Presidency. Here, too, the Presidency sets the deadline for this 
procedure, depending on the urgency of the matter. The act to 
which the procedure refers is deemed to have been adopted when 
this deadline expires, except where a member of the Council 
objects. The Commission is not entitled to lodge an objection in this 
regard. If a member of the Council objects to the adoption of an act, 
the act must be included as an item on a Council agenda as usual.

92

Comments on the Council’s Rules of ProcedureENThe Council may act under the silence procedure in four instances:

• 

• 

• 

• 

for the purpose of adopting the text of a reply to a written 
question or, as appropriate, to an oral question submitted to 
the Council by a Member of the European Parliament, after the 
draft reply has been examined by Coreper90,
for the purpose of appointing Members of the Economic and 
Social Committee and Members of the Committee of the 
Regions, and their alternates, after the draft decision has been 
examined by Coreper;
for the purpose of deciding to consult other institutions or 
bodies, wherever such consultation is required by the Treaties;
for the purpose of implementing the CFSP through the COREU 
network91 (‘COREU silence procedure’)92.

As is the case with the ordinary written procedure, the GSC 
establishes that the written procedures have been completed.

Should a Council member object, the relevant text is not adopted 
and the normal preparatory procedure for Council acts should be 
followed: the text is forwarded to Coreper if it is an act that can be 
adopted by Coreper under Article 19(7) CRP or it is sent to Coreper 
and Council if it is an act that needs to be adopted by the Council 
or it is agreed by the silence procedure once the matter has been 
cleared in the relevant Council working party.

90 

91 

92 

Statement (e) re Article 12(2)(a), (b) and (c) CRP: ‘In accordance with the 
Council’s regular practice, the time limit fixed will normally be three working 
days.’
The Council conclusions of 12 June 1995 (doc. 7896/95) state that the COREU 
network allows for the exchange of information between Member States’ 
Foreign Ministries and the Commission, and consultation on political analyses 
relating to multilateral questions or third-country situations. The network is 
reserved for questions covered only by the provisions of Title V, which covers 
neither institutional questions nor questions relating to the use of the Union 
budget to which other Treaty titles also apply. The network must therefore not 
be used to set out or deal with Union subjects or, consequently, for matters 
relating to the Union’s external relations.
Statement (f) re Article 12(2)(d): ‘The Council would point out that the COREU 
network must be used in accordance with the Council conclusions of 12 June 
1995 concerning the Council’s working methods.’

93

Comments on the Council’s Rules of Procedure

ENIt should be noted that legal acts in the area of CFSP cannot be 
adopted by the COREU silence procedure. Their adoption by the 
Council by written procedure requires using the ordinary written 
procedure set out in Article 12(1) CRP.

94

Comments on the Council’s Rules of ProcedureENChapter IV. 
Council acts and their form

The form of Council acts is governed by Article 15 and Annex VI CRP. 
The publication of these acts and their notification to addressees 
are governed, respectively, by Articles 17 and 18 CRP. Also of 
general relevance is Article 22 CRP, which provides that, in order 
to assist the Council in its task of ensuring the drafting quality of 
the legislative acts which it adopts, the Legal Service is responsible 
for checking the drafting quality of proposals and draft acts at 
the appropriate stage, as well as for bringing drafting suggestions 
to the attention of the Council and its bodies, pursuant to the 
Interinstitutional Agreement of 22 December 1998 on common 
guidelines for the quality of drafting of Community legislati93. 
In particular, the lawyer-linguists ensure that the detailed rules 
specified in the Manual of Precedents (regarding Council acts) 
and the Joint Handbook (regarding acts in the ordinary legislative 
procedure)94 are complied with. 

1. 

Signing of acts (Article 15 CRP)

Like Article 297 TFEU, Article 15 CRP provides for the obligation 
to sign acts adopted by the Council, alone or together with the 
European Parliament in accordance with a legislative procedure.

Those acts must be signed by the President of the Council who is in 
office at the time of their adoption and by the Secretary-General of 
the Council, who may delegate his or her power to sign to Directors 
General of the GSC.

93 
94 

OJ C 73, 17.3.1999, p. 1.
Manual of precedents for acts established within the Council of the European 
Union, version of January 2015; Joint handbook for the presentation and 
drafting of acts subject to the ordinary legislative procedure, version of July 
2020.

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EN 
In practice, the President of the Council signs the last page of the 
original text of the act (this is a multilingual page); signing takes 
place at the Council meeting that adopted the act concerned. The 
Secretary-General subsequently signs the same page of the text, the 
original of which is forwarded to the GSC’s archives, where it is kept 
in a safety vault.

Acts adopted under the ordinary legislative procedure, which must 
be signed jointly by the President of the European Parliament and 
the President of the Council, are signed either at the time of the joint 
press conference at which the adoption of the act is announced or 
during a plenary part-session of the European Parliament.

Where a Council act has been adopted in fewer language versions 
than provided for under the language rules in force (Article 14 CRP), 
the other language versions must be signed by the President of the 
Council meeting at which they were validated, even if this occurs 
under a Presidency subsequent to that under which the act was 
formally adopted and signed. The reason for this is that the Council 
is a single entity and the principle of institutional continuity applies.

In such a case, the date of adoption of the act is that of the first 
adoption in the fewer language versions. The dates of validation of 
the remaining language versions are not the date of adoption.

2. 

Title and form of regulations (Annex VI, Part 
A.1 CRP)

Annex VI Part A specifies the various features that must be included 
in the titles of regulations adopted by the Council, alone or together 
with the European Parliament under a legislative procedure, and 
that serve to identify them:

• 
• 
• 
• 

the word ‘Regulation’;
the serial number;
the date of adoption;
the subject matter.

Implementing regulations adopted by the Council in accordance 
with Article 291(2) TFEU must also bear the words ‘Implementing 
Regulations’ in their title.

96

Comments on the Council’s Rules of ProcedureENMoreover, acts adopted by the Council, alone or together with the 
European Parliament under the ordinary legislative procedure, also 
contain the name(s) of the institution(s) that adopted the act and 
the abbreviation ‘EU’ or ‘Euratom’.

The structure of the preamble to regulations adopted by the 
Council, alone or together with the European Parliament under a 
legislative procedure, is specified in Annex VI Part A.1(b)–(f).

The preamble must contain the following:

• 

• 

• 

• 

• 

the words ‘The European Parliament and the Council of the 
European Union’ or ‘The Council of the European Union’;
the citations: 
• 

a reference to the provisions under which the regulation 
is adopted (the legal bases), as well as the prior 
procedural acts, preceded by the words ‘Having regard 
to’;
references to proposals submitted, to opinions 
obtained and consultations held. According to the Joint 
Handbook and the Manual of Precedents, proposals, 
initiatives, recommendations, requests, opinions and 
consents that must be obtained as laid down in the 
Treaties are indicated in the citations at the beginning of 
the preamble, just after the reference to the legal bases, 
using the words ‘Having regard to’ or ‘After consulting’, 
while optional consultations are mentioned in the final 
recital.

the recitals, which state the reasons on which the regulation 
is based, preceded by the word ‘Whereas’. The recitals are 
numbered.
the words ‘have adopted this Regulation’ or ‘has adopted this 
Regulation’, followed by the enacting terms of the Regulation.

This structure incorporates the features provided for in Article 296 
TFEU and also fulfils the obligation laid down by that provision to 
state the reasons on which acts are based.

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Comments on the Council’s Rules of Procedure

EN3. 

Structure of regulations (Annex VI, Part A.2, 3 
and 4 CRP)

The enacting terms of a regulation contain articles, which may 
be grouped into, in descending order, parts, titles, chapters and 
sections (or into some of them); no other name, such as ‘rule’ or 
‘principle’, is permitted to describe or subdivide the components of 
the enacting terms of the regulation.

To take account of Article 297 TFEU concerning the entry into force 
of regulations, if the Council alone or together with the European 
Parliament under the ordinary legislative procedure decides that 
a regulation is to enter into force on a date other than the 20th day 
following its publication in the Official Journal, it must stipulate 
the date in the last article. If appropriate, that article may contain 
details of the date on which the regulation enters into force. The 
last article of a regulation is followed by a standard paragraph 
reflecting its general scope and its binding character as provided for 
in Article 288 TFEU. In certain cases a regulation is not applicable in 
all Member States (see Annex VI Part A.4(a)(ii) CRP).

The place and date of adoption of the regulation are then indicated.

A Council regulation is normally ‘Done at Brussels’ unless adopted 
in April, June or October, periods during which Council meetings 
are held in Luxembourg95. Regulations adopted by the European 
Parliament and the Council under the ordinary legislative procedure 
give Brussels, Luxembourg or Strasbourg as the place of signature, 
as appropriate.

The name(s) of the signatory or signatories appear(s) at the end 
of the enacting terms: depending on the case, the name of the 
President of the European Parliament (on the left-hand side at the 
foot of the enacting terms) and that of the President of the Council 
(on the same line on the right-hand side), or else only the name of 
the President of the Council in office at the time of the regulation’s 
adoption. This is the layout of the text of the regulation as it appears 
in the Official Journal. The name of the Secretary-General (who, 

95 

For the Council’s venues of meetings, see Chapter II, point 2.B.

98

Comments on the Council’s Rules of ProcedureENpursuant to Article 15 CRP, also signs the text of the regulation 
adopted) does not appear in the Official Journal.

4. 

Title and form of other acts of secondary 
legislation (Annex VI Part B CRP)

Annex VI Part B, gives rules for the title, preamble and enacting 
terms of other Council acts: it accordingly provides that 
directives, decisions, recommendations and opinions should 
include in their titles, respectively, the word ‘Directive’, ‘Decision’, 
‘Recommendation’ or ‘Opinion’.

Implementing directives or decisions adopted by the Council in 
accordance with Article 291(2) TFEU must also bear the words 
‘Implementing Directive’ or ‘Implementing Decision’ in their title.

No mention is made, however, of the other features (serial number, 
name of the institution(s), date of adoption, subject matter) that 
must be included in the titles of regulations. In practice, however, 
all Council acts include all these other features, which enable 
them to be identified. For the preamble and enacting terms, Annex 
VI Part B refers to the provisions of Part A, which applies mutatis 
mutandis and subject to the provisions of the TFEU on directives 
and decisions 96.

5. 

Form of decisions referred to in Article 25 TEU 
(Annex VI Part C CRP)

Annex VI Part C simply defines the title that must be assigned to 
decisions referred to in Article 25 TEU (CFSP).

The title of these decisions must read ‘Council Decision’, a serial 
number ((CFSP) year/number), the date of adoption and the 
subject matter.

96 

For example: the standard paragraph concerning the general scope and 
binding character of the act referred to in Part A.4 appears only in regulations; 
in directives, the last article indicates the Member State(s) to which the 
directive is addressed.

99

Comments on the Council’s Rules of Procedure

EN6. 

Atypical acts

Mention should also be made here of certain kinds of act (e.g. 
declarations, resolutions, conclusions) that are frequently used by 
the institutions although not provided for by the Treaties.

When debating and adopting conclusions or other acts not provided 
for in the Treaties, the following rules and guidelines apply.

• 

• 

• 

Throughout the discussions on a draft legislative act, the 
adoption of any form of document, even if its aim is purely 
political, outside the legislative procedure described in the 
Treaties is prohibited on the basis of the final paragraph of 
Article 296 TFEU, if the content of that document addresses 
issues covered by the draft legislative act. This prohibition set 
out in the Treaty is mirrored in Article 7(5) CRP, according to 
which ‘Where legislative proposals or initiatives are submitted 
to it the Council shall refrain from adopting acts which are not 
provided for by the Treaties, such as resolutions, conclusions 
or declarations other than those accompanying the adoption 
of the act and intended for entry in the Council minutes.’
As the functioning of the Union is subject to the principle 
of conferral (Articles 4 and 5 TEU), the Union institutions 
– including the Council – cannot take a stance on subjects 
that are completely unrelated to the Union’s areas of activity 
and are outside EU competences, even in documents of a 
purely political nature, without exceeding their powers. 
Any conclusions or statement referring exclusively to such 
subjects should be approved by the representatives of the 
Member States’ governments (meeting within or in the 
margins of the Council) and cannot be approved in the 
form of Council conclusions or of a Council statement. If 
conclusions refer in part to such subjects and no decision has 
been made to separate Union and non Union matters, the 
conclusions should be approved jointly by the Council and the 
representatives of the Member States’ governments (meeting 
within or in the margins of the Council).
The Council sometimes approves, in the form of conclusions, 
certain acts having or designed to have a legal effect, such 
as Union positions in the field of CFSP, Union positions in an 
international body called upon to adopt acts with legal effects, 

100

Comments on the Council’s Rules of ProcedureENor requests to the Commission to submit a specific proposal. 
In these cases, the Council must respect the procedural 
requirements (including the quorum requirements and the 
voting arrangements) provided for in the Treaties, in line with 
the legal basis conferring on the Council the power to act, 
which it uses by adopting an act having legal effects in the 
form of conclusions97. 
Whether or not draft conclusions are designed to produce 
legal effects is determined by analysing the specific aim and 
content of the document, irrespective of what it is called.
Acts having a legal effect may not be approved in the form 
of conclusions if the Treaties prescribe the form that the 
Council’s action must take and that form is incompatible 
with conclusions98. 
Conclusions – as well as resolutions and statements not linked 
to the adoption of a legal act – are not legal acts of the Council 
within the meaning of the Treaties. Given the lack of a formal 
adoption procedure in Union law, quorum requirements are 
not applicable to their approval.

• 

• 

• 

7. 

Publication of acts in the Official Journal of the 
European Union (Article 17 CRP)

The Official Journal is divided into two series, ‘L’ and ‘C’.

There are four headings in the ‘L’ series99:

• 

• 

• 

heading L I: legislative acts (regulations, directives, decisions 
and budgets),
heading L II: non-legislative acts (international agreements, 
regulations, directives, decisions, recommendations, 
guidelines, rules of procedure, acts adopted by bodies created 
by international agreements),
heading L III: other acts (European Economic Area),

97 

98 
99 

Judgment of the Court (Grand Chamber) of 25 October 2017, Case C-687/15, 
European Commission v Council of the European Union, ECLI:EU:C:2017:803, 
paragraph 58.
Ibidem
For a comprehensive list, see document 6700/1/10 REV 1 of 8 June 2010.

101

Comments on the Council’s Rules of Procedure

EN• 

heading L IV: acts adopted before 1 December 2009 under the 
EC Treaty, the EU Treaty and the Euratom Treaty.

The ‘C’ series has five headings:

• 
• 

• 

• 

• 

heading C I: resolutions, recommendations and opinions,
heading C II: information (interinstitutional agreements, joint 
declarations, information from European Union institutions, 
bodies and agencies),
heading C III: preparatory acts (Member States’ initiatives, 
European Parliament, Council, European Commission, 
Court of Justice of the European Union, European Central 
Bank, Court of Auditors, High Representative of the Union 
for Foreign Affairs and Security Policy, European Economic 
and Social Committee, Committee of the Regions, European 
Investment Bank, European Union offices and agencies),
heading C IV: notices (notices from European Union 
institutions, bodies, offices and agencies; notices from 
Member States; notices concerning the European Economic 
Area; notices from third countries),
heading C V: announcements (administrative procedures, 
court proceedings, procedures relating to the implementation 
of the common commercial policy, procedures relating to the 
implementation of competition policy, other acts).

Pursuant to Article 17 CRP, legislative acts adopted under the 
ordinary or special legislative procedure and non-legislative acts 
in the form of regulations and directives which are addressed to all 
Member States, as well as decisions which do not specify to whom 
they are addressed, must be published in the Official Journal by the 
Secretary-General. Publication in the Official Journal is a condition 
of the applicability of those acts, and their entry into force may be 
subject thereto (Article 297(1) and (2) second subparagraph TFEU).

Practice shows that the institutions frequently adopt statements 
or declarations in the context of the adoption of legislative acts 
(see Chapter II, point 5.A), such as unilateral Council statements 
or joint statements of the institutions. The CRP ensure publicity of 
statements entered in the Council minutes in relation to legislative 
items. In particular, when accompanying the adoption of a 
legislative act as laid down in Article 7(4) CRP, statements entered 
in the Council minutes ‘shall be made public’ (see Chapter II, point 

102

Comments on the Council’s Rules of ProcedureEN6.C). This means that the part of the Council minutes where these 
have been entered will be made accessible to the public. Therefore, 
there is no need to publish such statements in the Official Journal, 
and it is advised not to do so. Their publication in the Official 
Journal may cause confusion about their legal effects and their 
relation to the act concerned. Where, however, their publication 
proves unavoidable due to the political discussions with, for 
instance, the European Parliament, it should take place in the C II 
series and not in the L series of the Official Journal.

Article 17 CRP stipulates that the following must also be published 
in the Official Journal by the Secretary-General:

• 

• 

• 
• 

positions at first reading adopted by the Council in accordance 
with the ordinary legislative procedure, and the reasons 
underlying those positions,
initiatives presented to the Council in accordance with 
Article 76 TFEU for the adoption of a legislative act,
international agreements concluded by the Union,
international agreements concluded by the Union in matters 
concerning the CFSP, unless the Council decides otherwise 
on the grounds of Articles 4 and 9 of Regulation (EC) No 
1049/2001 of the European Parliament and of the Council of 
30 May 2001 regarding public access to European Parliament, 
Council and Commission documents.

Reference must be made in the Official Journal to the entry into 
force of agreements published in the Official Journal.

Unless the Council or Coreper decides otherwise, the following are 
also published in the Official Journal by the Secretary-General:

• 

• 

proposals from the Commission or initiatives by a quarter 
of the Member States presented to the Council pursuant to 
Article 76 TFEU in cases other than those referred to above 
(i.e. not Article 76 TFEU intiatives presented for the adoption 
of a legislative act),
directives and decisions referred to in the third subparagraph 
of Article 297(2) TFEU (non-legislative directives not addressed 
to the Member States and decisions which specify to whom 
they are addressed), recommendations and opinions, with the 
exception of decisions referred to in Article 25 TEU.

103

Comments on the Council’s Rules of Procedure

ENDecisions concerning CFSP referred to in Article 25 TEU are 
published in the Official Journal by the Secretary-General, following 
a decision by the Council or Coreper acting unanimously, on a case-
by-case basis.

The following are published in the Official Journal, following a 
decision by the Council or Coreper100, on a case-by-case basis and 
taking account of possible publication of the basic act, by the 
Secretary-General:

• 

• 

• 

decisions implementing the decisions referred to in Article 25 
TEU;
decisions adopted in accordance with the first and second 
indents of Article 31(2) TEU;
other Council acts, such as conclusions or resolutions.

Where an agreement concluded between the Union or the European 
Atomic Energy Community and one or more States or international 
organisations sets up a body vested with powers of decision, it is for 
the Council to decide whether decisions to be taken by that body 
should be published in the Official Journal (Article 17(5) CRP).

8. 

Notification and transmission of acts 
(Article 18 CRP)

The first two paragraphs of Article 18 instruct the Secretary-General, 
or a Director-General acting on his or her behalf, to give notification 
of or transmit a number of acts to the Member States.

Under paragraphs 1 and 2, the Secretary-General of the Council, or 
a Director-General acting on his or her behalf, notifies addressees of 
the following acts:

• 

non-legislative acts in the form of directives not addressed to 
all Member States and decisions which specify to whom they 
are addressed;

100 

For the purposes of any such decision, where members of the Council or of 
Coreper may not take part in the vote, account is not to be taken of votes by 
such members (Annex IV, point 1(k)).

104

Comments on the Council’s Rules of ProcedureEN• 
• 

recommendations;
decisons referred to in Article 25 TEU.

Decisions referred to in Article 25 TEU and recommendations are 
notified only if not published in the Official Journal. However, 
directives and decisions containing a specific addressee are always 
notified to their addressees and take effect upon such notification. 
Where those acts are published in accordance with Article 17(2)
(b) CRP, publication does not render them applicable to their 
addressees. Under the third subparagraph of Article 297(2) TFEU, 
their taking effect is conditional upon notification. Publication is 
thus for information purposes only.

Under the language rules (see Chapter II, point 7), documents that 
an institution sends to a Member State or to a person subject to its 
jurisdiction are drafted in a language of that State.

Under Article 18(3) CRP, the Secretary-General, or a Director-
General acting on his or her behalf, sends certified copies of the 
following acts to the Governments of the Member States and to the 
Commission:

• 

• 

directives and decisions referred to in the third subparagraph 
of Article 297(2) TFEU (addressed to specific addressees),
Council recommendations.

For all atypical acts, the practice is to inform the Member States and 
the Commission.

Pursuant to the right granted to him or her to delegate his or 
her powers, the Secretary-General, by Decision No 28/22 of 29 
April 2022101, delegated to the Director-General for General and 
Institutional Policy the duties and powers conferred upon the 
Secretary-General by the European Council’s and Counci’'s Rules of 
Procedure (including by Article 18 CRP) in the event of the post of 

101 

Decision No 28/22 of the Secretary-General of the Council delegating to 
the Director-General for General and Institutional Policy certain duties 
and powers of the Secretary-General provided for in the European Council 
Decision 2009/882/EU of 1 December 2009 adopting its Rules of Procedure 
and the Council Decision 2009/937/EU of 1 December 2009 adopting the 
Council's Rules of Procedure.

105

Comments on the Council’s Rules of Procedure

ENSecretary-General becoming vacant and until his or her successor 
taking office.

106

Comments on the Council’s Rules of ProcedureENChapter V. 
Other provisions

1. 

Security (Article 24 CRP)

Article 24 CRP provides that the rules on security are to be adopted 
by the Council acting by reinforced qualified majority (see Chapter 
III, point 1.B). On the basis of that provision and of Article 240 TFEU, 
the Council adopted security rules for protecting EU classified 
information102, which lay down the basic principles and minimum 
standards of security for protecting the European Union’s classified 
information. Decision 33/2018 of the Secretary-General of the 
Council implements those security rules in the GSC.

2. 

Depositary of agreements (Article 25 CRP)

As permitted by Articles 77 and 78 of the Vienna Convention on 
the Law of Treaties, the Secretary General of the Council may be 
designated as the depositary of agreements concluded by the Union 
or Euratom and one or more States or international organisations.

Acts of ratification, acceptance or approval of those agreements are 
deposited at the address of the Council (Article 25, first paragraph 
CRP). In such instances the Secretary-General also ensures that the 
dates of entry into force of such agreements are published in the 
Official Journal (Article 25, second paragraph CRP).

The duties of a depositary of international agreements are laid 
down both by general texts (e.g. United Nations Charter and Vienna 
Convention on the Law of Treaties) and by the texts of specific 
agreements designating depositaries. The latter are either one 

102 

Council Decision 2013/488/EU of 23 September 2013 on the security rules for 
protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

107

Comments on the Council’s Rules of Procedure

ENof the Member States parties to the agreement concerned or the 
Secretary-General of an international organisation party to the 
agreement or under the aegis of which the agreement was signed 
and concluded.

Within the GSC, the duties of the depositary of agreements are 
performed mainly by the Treaties and Agreements Office, which 
was set up on 15 June 1978 and forms part of the Legal Service. The 
duties carried out are fourfold103:

• 

• 

• 

• 

those of depositary strictly speaking, namely involving the 
production of the texts of acts to be concluded and certified 
copies and their forwarding to the parties concerned; the 
centralisation of all information concerning acts that have 
been signed (ratifications, notifications, acts of accession, etc.) 
and their forwarding to the parties concerned; and registration 
of all such information,
duties connected with protocol (in particular at the time of 
signing),
linguistic revision of the versions of agreements in non-EU 
languages,
printing of the texts.

3. 

Representation of the Council before the 
European Parliament (Article 26 CRP)

The first sentence of Article 26(1) CRP provides for the Council to 
be represented by the Presidency before the European Parliament 
or, with the Presidency’s agreement, by a member of the pre-
established group of three Member States referred to in Article 1(4) 
CRP, by the following Presidency or by the Secretary-General of the 
Council. However, if the Presidency considers it desirable, it may 
also instruct senior officials of the GSC to represent the Council 
before the European Parliament committees. The instructions 
do not need to be formal; a clear and precise statement of the 
Presidency’s intention is sufficient.

103 

Some of the depositary’s duties are performed by other departments of the 
GSC.

108

Comments on the Council’s Rules of ProcedureENWith respect to the Foreign Affairs Council, representation before 
the European Parliament or its committees is the task of the 
High Representative unless he or she asks to be replaced by the 
member of that Council representing the Member State holding the 
Council Presidency. Here too, if the High Representative considers 
it desirable, he or she may also instruct senior officials of the 
European External Action Service or, where appropriate, of the 
GSC to represent the Foreign Affairs Council before the European 
Parliament committees.

The Secretary-General has issued instructions within the GSC for the 
implementation of this provision. When representing the Council, 
an official of the GSC must therefore avoid entering into any 
commitment whatsoever on behalf of the Presidency or the Council 
unless he or she has clear and explicit instructions to that effect.

In order to comply with Article 26 CRP, the Council must therefore 
in principle be represented by the Secretary-General; otherwise 
the Council is represented before committees only by an official 
so designated by the Secretary-General (a director-general or, 
exceptionally, a director). If the Presidency requests an official 
directly, the latter informs the Secretary-General as soon as possible 
through his or her immediate superior in order to obtain the 
Secretary-General’s authorisation.

The Interinstitutional Relations Directorate must be informed 
beforehand of any appearance before the Parliament in order to 
ensure optimum coordination and to enable the appearance to be 
prepared.

When a temporary committee of inquiry is set up by the European 
Parliament under Article 226 TFEU, the Council may designate an 
official of the GSC to appear before it on the Council’s behalf104. The 
official speaks only as instructed by the Council105.

104 

105 

Article 3(3) of the Decision of the European Parliament, the Council and the 
Commission of 6 March 1995 on the detailed provisions governing the exercise 
of the European Parliament`s right of inquiry (OJ L 78, 6.4.1995, p. 1).
See for example the designation of an official of the GSC in September 
1996 for the temporary committee of inquiry into bovine spongiform 
encephalopathy (‘mad cow disease’).

109

Comments on the Council’s Rules of Procedure

EN4. 

Correspondence (Article 28 CRP)

Article 28 CRP provides that correspondence to the Council is to 
be sent to the President at the Council’s address. Correspondence 
addressed to the Presidency of the Council must be forwarded to all 
members of the Council.

The Council’s address is:

Council of the European Union
Rue de la Loi/Wetstraat 175
1048 Bruxelles/Brussel
BELGIQUE/BELGIË

The Council’s internet address is:

www.consilium.europa.eu
E-mail: public.info@consilium.europa.eu

110

Comments on the Council’s Rules of ProcedureEN111

Comments on the Council’s Rules of Procedure

ENPart 2. 
Rules of Procedure 
of the European 
Council

Article 1
Notice and venue of meetings

1. 

The European Council shall meet twice every six months, 
convened by its President106.

At the latest one year before the beginning of a six-month 
period, in close cooperation with the Member State which 
will hold the Presidency during that six-month period, the 
President of the European Council shall make known the dates 
which he or she envisages for the meetings of the European 
Council during that six-month period.
When the situation so requires, the President shall convene a 
special meeting of the European Council107.

2. 

The European Council shall meet in Brussels.

In exceptional circumstances, the President of the European 
Council, with the agreement of the General Affairs Council 
or the Committee of Permanent Representatives, acting 
unanimously, may decide that a meeting of the European 
Council will be held elsewhere.

Article 2
Preparation for and follow-up to the proceedings of the 
European Council

1. 

2. 

The President of the European Council shall ensure the 
preparation and continuity of the work of the European 
Council in cooperation with the President of the Commission, 
and on the basis of the work of the General Affairs Council108.

The General Affairs Council shall prepare and ensure the 
follow-up to meetings of the European Council, in liaison with 
the President of the European Council and the Commission109.

106 

107 
108 
109 

This subparagraph reproduces the first sentence of Article 15(3) of the Treaty 
on European Union (hereinafter referred to as the ‘TEU’).
This subparagraph reproduces the final sentence of Article 15(3) of the TEU.
This paragraph reproduces Article 15(6)(b) of the TEU.
This paragraph reproduces the second sentence of the second subparagraph 
of Article 16(6) of the TEU.

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Rules of Procedure of the European Council

EN3. 

4. 

1. 

The President shall establish close cooperation and 
coordination with the Presidency of the Council and the 
President of the Commission, particularly by means of 
regular meetings.

In the event of an impediment because of illness, in the 
event of his or her death or if his or her term of office is 
ended in accordance with Article 15(5) of the Treaty on 
European Union, the President of the European Council 
shall be replaced, where necessary until the election of his 
or her successor, by the member of the European Council 
representing the Member State holding the six-monthly 
Presidency of the Council.

Article 3
Agenda and preparation

In order to ensure the preparation provided for in Article 2(2), 
at least four weeks before each ordinary meeting of the 
European Council as referred to in Article 1(1), the President of 
the European Council, in close cooperation with the member 
of the European Council representing the Member State 
holding the six-monthly Presidency of the Council and with 
the President of the Commission, shall submit an annotated 
draft agenda to the General Affairs Council. 

Contributions to the proceedings of the European Council by 
other Council configurations shall be forwarded to the General 
Affairs Council at the latest two weeks before the meeting of 
the European Council. 

The President of the European Council, in close cooperation 
as referred to in the first subparagraph, shall prepare draft 
guidelines for the European Council conclusions and, as 
appropriate, draft conclusions and draft decisions of the 
European Council, which shall be discussed in the General 
Affairs Council. 

A final meeting of the General Affairs Council shall be held 
within the five days preceding the meeting of the European 
Council. In the light of that final discussion, the President of 
the European Council shall draw up the provisional agenda.

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Comments on the Council’s Rules of ProcedureEN 
 
 
2. 

Except for imperative and unforeseeable reasons linked, 
for example, to current international events, no other 
configuration of the Council or preparatory body may, 
between the session of the General Affairs Council at the end 
of which the provisional agenda for the European Council 
is drawn up and the European Council meeting, discuss any 
subject submitted to the European Council.

3. 

The European Council shall adopt its agenda at the beginning 
of its meeting.

As a rule, issues entered on the agenda should have been 
examined beforehand, in accordance with the provisions of 
this Article.

Article 4
Composition of the European Council, delegations and the 
conduct of proceedings

1. 

Each ordinary meeting of the European Council shall run for 
a maximum of two days, unless the European Council or the 
General Affairs Council, on the initiative of the President of the 
European Council, decides otherwise. 

The member of the European Council representing the 
Member State holding the Presidency of the Council shall 
report to the European Council, in consultation with its 
President, on the work of the Council.

2. 

The President of the European Parliament may be invited to be 
heard by the European Council110. Such exchange of views shall 
be held at the start of the meeting of the European Council, 
unless the European Council unanimously decides otherwise.

Meetings in the margins of the European Council with 
representatives of third States or international organisations 
or other personalities may be held in exceptional 
circumstances only, and with the prior agreement of the 

110 

This subparagraph reproduces Article 235(2) of the Treaty on the Functioning 
of the European Union (hereinafter referred to as the ‘TFEU’).

115

Rules of Procedure of the European Council

EN 
European Council, acting unanimously, on the initiative of the 
President of the European Council.

3.  Meetings of the European Council shall not be public.

4. 

The European Council shall consist of the Heads of State or 
Government of the Member States, together with its President 
and the President of the Commission. The High Representative 
of the Union for Foreign Affairs and Security Policy shall take 
part in its work111.

When the agenda so requires, the members of the European 
Council may decide each to be assisted by a minister and, in 
the case of the President of the Commission, by a member of 
the Commission112.

The total size of the delegations authorised to have access to 
the building where the meeting of the European Council is 
held shall be limited to 20 persons for each Member State and 
for the Commission, and to five for the High Representative of 
the Union for Foreign Affairs and Security Policy. That number 
shall not include technical personnel assigned to specific 
security or logistic support tasks. The names and functions of 
the members of the delegations shall be notified in advance to 
the General Secretariat of the Council.

The President shall be responsible for the application of these 
Rules of Procedure and for ensuring that discussions are 
conducted smoothly.

Article 5
Representation before the European Parliament

The European Council shall be represented before the European 
Parliament by the President of the European Council.

111 
112 

This subparagraph reproduces Article 15(2) of the TEU.
This subparagraph reproduces the second sentence of Article 15(3) of the TEU.

116

Comments on the Council’s Rules of ProcedureENThe President of the European Council shall present a report to the 
European Parliament after each of the meetings of the European 
Council113.

The member of the European Council representing the Member 
State holding the Presidency of the Council shall present to the 
European Parliament the priorities of its Presidency and the results 
achieved during the six-month period.

Article 6
Adoption of positions, decisions and quorum

1. 

2. 

3. 

Except where the Treaties provide otherwise, decisions of the 
European Council shall be taken by consensus114.

In those cases where, in accordance with the Treaties, the 
European Council adopts a decision and holds a vote, that 
vote shall take place on the initiative of its President. 

The President shall, furthermore, be required to open a voting 
procedure on the initiative of a member of the European 
Council, provided that a majority of the members of the 
European Council so decides.

The presence of two thirds of the members of the European 
Council is required to enable the European Council to vote. 
When the vote is taken, the President shall check that there 
is a quorum. The President of the European Council and the 
President of the Commission shall not be included in the 
calculation of the quorum.

4.  Where a vote is taken, any member of the European Council 

may also act on behalf of not more than one other member115.

113 
114 
115 

This subparagraph reproduces Article 15(6)(d) of the TEU.
This paragraph reproduces Article 15(4) of the TEU.
This subparagraph reproduces the first subparagraph of Article 235(1) of the 
TFEU.

117

Rules of Procedure of the European Council

EN 
Where the European Council decides by vote, its President 
and the President of the Commission shall not take part in 
the vote116.

5. 

Procedural decisions adopted by the European Council by 
virtue of these Rules of Procedure shall be adopted by a 
simple majority.117 

Article 7
Written procedure

Decisions of the European Council on an urgent matter may be 
adopted by a written vote where the President of the European 
Council proposes to use that procedure. Written votes may be used 
where all members of the European Council having the right to vote 
agree to that procedure.

A summary of acts adopted by the written procedure shall be drawn 
up periodically by the General Secretariat of the Council.

Article 8
Minutes

Minutes of each meeting shall be drawn up; a draft of those minutes 
shall be prepared by the General Secretariat of the Council within 
15 days. The draft shall be submitted to the European Council for 
approval, and then signed by the Secretary-General of the Council.

The minutes shall contain:

• 

• 
• 
• 

a reference to the documents submitted to the European 
Council,
a reference to the conclusions approved,
the decisions taken,
the statements made by the European Council and those 
whose entry has been requested by a member of the European 
Council,

116 

117 

This subparagraph reproduces the second sentence of the second 
subparagraph of Article 235(1) of the TFEU.
This subparagraph reproduces the rule set out in Article 235(3) of the TFEU.

118

Comments on the Council’s Rules of ProcedureENArticle 9
Deliberations and decisions on the basis of documents and 
drafts drawn up in the languages provided for by the language 
rules in force

1. 

2. 

1. 

Except as otherwise decided unanimously by the European 
Council on grounds of urgency, the European Council shall 
deliberate and take decisions only on the basis of documents 
and drafts drawn up in the languages specified in the rules in 
force governing languages.

Any member of the European Council may oppose discussion 
where the texts of any proposed amendments are not drawn 
up in such of the languages referred to in paragraph 1 as he or 
she may specify.

Article 10
Making public votes, explanations of votes and minutes and 
access to documents

In cases where, in accordance with the Treaties, the European 
Council adopts a decision, the European Council may decide, 
in accordance with the voting arrangement applicable for the 
adoption of that decision, to make public the results of votes, 
as well as the statements in its minutes and the items in those 
minutes relating to the adoption of that decision. 

Where the result of a vote is made public, the explanations of 
the vote provided when the vote was taken shall also be made 
public at the request of the member of the European Council 
concerned, with due regard for these Rules of Procedure, legal 
certainty and the interests of the European Council.

2. 

The provisions concerning public access to Council documents 
set out in Annex II to the Rules of Procedure of the Council 
shall apply  mutatis mutandis to European Council documents.

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Article 11
Professional secrecy and production of documents in legal 
proceedings

Without prejudice to the provisions on public access to documents, 
the deliberations of the European Council shall be covered by the 
obligation of professional secrecy, except insofar as the European 
Council decides otherwise.

The European Council may authorise the production for use in 
legal proceedings of a copy of or an extract from European Council 
documents which have not already been released to the public in 
accordance with Article 10.

Article 12
Decisions of the European Council

1. 

Decisions adopted by the European Council shall be signed 
by its President and by the Secretary-General of the Council. 
Where they do not specify to whom they are addressed, they 
shall be published in the  Official Journal of the European 
Union. Where they specify to whom they are addressed, they 
shall be notified to those to whom they are addressed by the 
Secretary-General of the Council.

2. 

The provisions concerning the form of acts set out in Annex VI 
to the Rules of Procedure of the Council shall apply  mutatis 
mutandis to decisions of the European Council.

Article 13
Secretariat, budget and security

1. 

2. 

3. 

The European Council and its President shall be assisted by 
the General Secretariat of the Council, under the authority of 
its Secretary-General.

The Secretary-General of the Council shall attend the 
meetings of the European Council. He or she shall take all the 
measures necessary for the organisation of proceedings.

The Secretary-General of the Council shall have full 
responsibility for administering the appropriations entered 

120

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and shall take all measures necessary to ensure that they 
are properly managed. He or she shall implement the 
appropriations in question in accordance with the provisions 
of the Financial Regulation applicable to the budget of the 
Union.

4. 

The Council’s security rules shall apply mutatis mutandis to 
the European Council.

Article 14
Correspondence addressed to the European Council

Correspondence to the European Council shall be sent to its 
President at the following address:

European Council
rue de la Loi 175
B-1048 Brussels

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ENPart 3. 
Rules of Procedure 
of the Council

Article 1
General provisions, notice and venue of meetings

1. 

2. 

The Council shall meet when convened by its President on his 
or her own initiative or at the request of one of its members or 
of the Commission118.

Seven months before the beginning of the six-month 
period concerned, for each Council configuration, and after 
appropriate consultations, the Presidency shall make known 
the dates which it envisages for meetings that the Council will 
have to hold in order to complete its legislative work or take 
operational decisions. Those dates shall be set out in a single 
document applying to all Council configurations.

3. 

The Council shall have its seat in Brussels. During the months 
of April, June and October, the Council shall hold its meetings 
in Luxembourg119.

In exceptional circumstances and for duly substantiated 
reasons, the Council or the Committee of Permanent 
Representatives of the governments of the Member States 
(hereinafter referred to as Coreper), acting unanimously, may 
decide that a Council meeting will be held elsewhere.

4. 

The Presidency of the Council, with the exception of the 
Foreign Affairs configuration, shall be held by pre-established 
groups of three Member States for a period of 18 months. The 
groups shall be made up on a basis of equal rotation among 
the Member States, taking into account their diversity and 
geographical balance within the Union120. 

Each member of the group shall in turn chair for a six-month 

118 

119 

120 

This paragraph reproduces Article 237 of the Treaty on the functioning of the 
European Union (hereinafter referred to as the ‘TFEU’)
This paragraph reproduces point (b) of the sole Article of the Protocol on the 
location of the seats of the institutions and of certain bodies, offices, agencies 
and departments of the European Union.
This paragraph reproduces Article 1 of the European Council Decision of 1 
December 2009 on the exercise of the Presidency of the Council (OJ L 315, 
2.12.2009, p. 50).

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EN 
period all configurations of the Council, with the exception of 
the Foreign Affairs configuration. The other members of the 
group shall assist the Chair in all its responsibilities on the 
basis of a common programme. The members of the team 
may decide alternative arrangements among themselves.

5. 

The decisions adopted by the Council or Coreper pursuant 
to these Rules of Procedure shall be adopted by a simple 
majority, unless these Rules provide for other voting 
arrangements. 

Unless otherwise specified, references in these Rules of 
Procedure to the Presidency or the President shall apply to 
any person chairing one of the Council configurations or, as 
appropriate, one of its preparatory bodies.

Article 2
Configurations of the Council, role of the General Affairs 
configuration and the Foreign Affairs configuration and 
programming

The Council shall meet in different configurations according 
to the subject-matter dealt with. The list of Council 
configurations, other than the General Affairs and Foreign 
Affairs configurations, shall be adopted by the European 
Council acting by a qualified majority121. The list of Council 
configurations is set out in Annex I.

The General Affairs Council shall ensure consistency in the 
work of the different Council configurations. It shall prepare 
and ensure the follow-up to meetings of the European 
Council, in liaison with the President of the European Council 
and the Commission122. It shall be responsible for overall 
coordination of policies, institutional and administrative 
questions, horizontal dossiers which affect several of the 

1. 

2. 

121 

122 

These two sentences are taken, with some adjustments, from the first 
subparagraph of Article 16(6) of the Treaty on European Union (hereinafter 
referred to as the ‘TEU’) and point (a) of Article 236 of the TFEU.
These two sentences reproduce the second subparagraph of Article 16(6) of 
the TEU.

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3. 

(a) 

European Union’s policies, such as the multiannual financial 
framework and enlargement, and any dossier entrusted to it 
by the European Council, having regard to operating rules for 
the Economic and Monetary Union.

The arrangements for the preparation of European Council 
meetings are provided for in Article 3 of the Rules of Procedure 
of the European Council, as follows:

 In order to ensure the preparation provided for in Article 2(2) 
of the Rules of Procedure of the European Council, at least 
four weeks before each ordinary meeting of the European 
Council as referred to in Article 1(1) of the Rules of Procedure 
of the European Council, the President of the European 
Council, in close cooperation with the member of the 
European Council representing the Member State holding the 
six-monthly Presidency of the Council and with the President 
of the Commission, shall submit an annotated draft agenda to 
the General Affairs Council.

Contributions to the proceedings of the European Council by 
other Council configurations shall be forwarded to the General 
Affairs Council at the latest two weeks before the meeting of 
the European Council.

The President of the European Council, in close cooperation 
as referred to in the first subparagraph, shall prepare draft 
guidelines for the European Council conclusions and, as 
appropriate, draft conclusions and draft decisions of the 
European Council, which shall be discussed in the General 
Affairs Council.

A final meeting of the General Affairs Council shall be held 
within the five days preceding the meeting of the European 
Council. In the light of that final discussion, the President of 
the European Council shall draw up the provisional agenda.

(b)  Except for imperative and unforeseeable reasons linked, 

for example, to current international events, no other 
configuration of the Council or preparatory body may, 
between the session of the General Affairs Council at the end 
of which the provisional agenda for the European Council 

125

Rules of Procedure of the Council

ENis drawn up and the European Council meeting, discuss any 
subject submitted to the European Council.

(c) 

 The European Council shall adopt its agenda at the beginning 
of its meeting.

As a rule, issues entered on the agenda should have been 
examined beforehand, in accordance with the provisions of 
this paragraph.

4. 

5. 

The General Affairs Council shall ensure consistency and 
continuity in the work of the different Council configurations 
in the framework of multiannual programmes in cooperation 
with the Commission in accordance with paragraph 6123.

The Foreign Affairs Council shall elaborate the Union’s 
external action on the basis of strategic guidelines laid down 
by the European Council and ensure that the Union’s action 
is consistent124. It shall be responsible for the whole of the 
European Union’s external action, namely common foreign 
and security policy, common security and defence policy, 
common commercial policy, development cooperation and 
humanitarian aid.

The Foreign Affairs Council shall be chaired by the High 
Representative of the Union for Foreign Affairs and Security 
Policy, who may, where necessary, ask to be replaced by the 
member of that configuration representing the Member State 
holding the six-monthly presidency of the Council125.

6. 

Every 18 months, the pre-established group of three Member 
States holding the Presidency of the Council for that period, in 

123 

124 
125 

This paragraph reproduces the first sentence of Article 3 of the European 
Council Decision of 1 December 2009 on the exercise of the Presidency of the 
Council.
This sentence reproduces the third subparagraph of Article 16(6) of the TEU.
See statement (a) set out below:
(a) Re Article 2(5), second subparagraph:
‘When the Foreign Affairs Council is convened to discuss common commercial 
policy issues, its President will ask to be replaced by the six-monthly 
Presidency as provided for in Article 2(5), second subparagraph.’

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accordance with Article 1(4), shall prepare a draft programme 
of Council activities for that period. The draft shall be 
prepared with the President of the Foreign Affairs Council with 
regard to that configuration’s activities during that period. The 
draft programme shall be prepared in close cooperation with 
the Commission and the President of the European Council, 
and after appropriate consultations. It shall be presented in a 
single document no later than one month before the relevant 
period, with a view to its endorsement by the General Affairs 
Council126.

7. 

The Presidency which is to hold office in the relevant 
period shall establish, for each Council configuration, and 
after appropriate consultations, draft agendas for Council 
meetings scheduled for the next six-month period, showing 
the legislative work and operational decisions envisaged. 
These draft agendas shall be established at the latest one 
week before the beginning of the relevant six-month period, 
on the basis of the Council’s 18-month programme and after 
consulting the Commission. They shall be set out in a single 
document applying to all Council configurations. Where 
necessary, extra Council meetings may be provided for, in 
addition to those previously planned. 

If during a six-month period any of the meetings planned 
during that period proves to be no longer warranted, the 
Presidency shall not convene it. 

126 

See statement (b) set out below:
(b) Re Article 2(6):
‘The 18-month programme will include a general introductory section setting 
the programme in the context of the European Union’s longer term strategic 
orientations. On this section, the three Presidencies in charge of preparing 
the draft 18-month programme will consult with the three subsequent 
Presidencies, as part of the “appropriate consultations” referred to in the third 
sentence of paragraph 6. The draft 18-month programme should also have 
regard, inter alia, to relevant points arising from the dialogue on the political 
priorities for the year, conducted at the Commission’s initiative.’

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1. 

2. 

3. 

127 

Article 3127
Agenda

Taking into account the Council’s 18-month programme, 
the President shall draw up the provisional agenda for each 
meeting. The agenda shall be sent to the other members of 
the Council and to the Commission at least 14 days before the 
beginning of the meeting. It shall be forwarded to Member 
States’ national Parliaments at the same time.

The provisional agenda shall contain the items in respect of 
which a request for inclusion on the agenda, together with 
any documents relating thereto, has been received by the 
General Secretariat from a member of the Council or from 
the Commission at least 16 days before the beginning of that 
meeting. The provisional agenda shall also indicate by way of 
an asterisk the items on which the Presidency, a member of 
the Council or the Commission may request a vote. Such an 
indication shall be made once all the procedural requirements 
provided for by the Treaties have been complied with.

In cases in which the eight-week period provided for in the 
Protocol on the role of national Parliaments in the European 
Union and the Protocol on the application of the principles of 
subsidiarity and proportionality is applicable, items relating to 
the adoption of a legislative act or a position at first reading in 
the ordinary legislative procedure shall not be placed on the 

See statements (c) and (d) set out below:
(c) Re Article 3(1) and (2):
‘The President will endeavour to ensure that, in principle, the provisional 
agenda for each meeting of the Council dealing with implementation of the 
Title of the TFEU relating to the area of freedom, security and justice and any 
documents relating to the items involved reach members of the Council at 
least 21 days before the beginning of the meeting.’
(d) Re Articles 1 and 3:
‘Without prejudice to Article 30(2) of the TEU, which specifies that an 
extraordinary Council meeting may be convened at very short notice in 
cases requiring a rapid decision, the Council is aware of the need for matters 
relating to the common foreign and security policy to be dealt with swiftly 
and efficiently. The arrangements in Article 3 shall not prevent this need from 
being met.’

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Comments on the Council’s Rules of ProcedureEN 
 
 
 
provisional agenda for a decision until that eight-week period 
has elapsed. 

The Council may derogate from the eight-week period referred 
to in the first subparagraph where the entry of an item is 
subject to the exception on grounds of urgency provided for in 
Article 4 of the Protocol on the role of national Parliaments in 
the European Union. The Council shall decide in accordance 
with the voting rule applicable for the adoption of the act or 
position concerned. 

Save in urgent cases for which due reasons have been given, 
a ten-day period shall elapse between the placing of a draft 
legislative act on the provisional agenda for the Council and 
the adoption of a position128.

Only items in respect of which the documents have been sent 
to the members of the Council and to the Commission at the 
latest by the date on which the provisional agenda is sent may 
be placed on that agenda.

The General Secretariat shall transmit to the members of the 
Council and to the Commission requests for the inclusion of 
items in the agenda and documents in respect of which the 
time limits specified above were not respected. 

If, by the end of the week preceding the week prior to a 
Council meeting, Coreper has not completed its examination 
of draft legislative acts, the Presidency shall, unless 
considerations of urgency require otherwise and without 
prejudice to paragraph 3, remove them from the provisional 
agenda.

4. 

5. 

6. 

The provisional agenda shall be divided into two parts, 
dealing respectively with deliberations on legislative acts 
and non-legislative activities. The first part shall be entitled 
‘Legislative deliberations’ and the second ‘Non-legislative 
activities’. 

128 

This subparagraph reproduces the last sentence of Article 4 of the Protocol on 
the role of national Parliaments in the European Union.

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EN 
 
 
The items appearing in each part of the provisional agenda 
shall be divided into A items and B items. Items for which 
approval by the Council is possible without discussion shall be 
entered as A items, but this does not exclude the possibility of 
any member of the Council or of the Commission expressing 
an opinion at the time of the approval of these items and 
having statements included in the minutes.

7. 

8. 

The agenda shall be adopted by the Council at the beginning 
of each meeting. The inclusion in the agenda of an item other 
than those appearing on the provisional agenda shall require 
unanimity in the Council. Items entered in this way may be put 
to the vote if all the procedural requirements provided for by 
the Treaties have been complied with.

However, an ‘A’ item shall be withdrawn from the agenda, 
unless the Council decides otherwise, if a position on an ‘A’ 
item might lead to further discussion thereof or if a member of 
the Council or the Commission so requests.

9. 

Any request for the inclusion of an ‘Any other business’ item 
shall be accompanied by an explanatory document.

Article 4
Representation of a Council member unable to attend

Subject to the provisions of Article 11 on the delegation of voting 
rights, a member of the Council who is prevented from attending a 
meeting may arrange to be represented.

Article 5
Meetings

1. 

The Council shall meet in public when it deliberates and votes 
on a draft legislative act129. In other cases, meetings of the 
Council shall not be public except in the cases referred to in 
Article 8.

129 

This sentence reproduces the first sentence of Article 16(8) of the TEU.

130

Comments on the Council’s Rules of ProcedureEN2. 

3. 

The Commission shall be invited to take part in meetings of 
the Council. The same applies to the European Central Bank in 
cases where it exercises its right of initiative. The Council may, 
however, decide to deliberate without the presence of the 
Commission or of the European Central Bank.

The members of the Council and of the Commission may be 
accompanied by officials who assist them. The names and 
functions of those officials shall be notified in advance to 
the General Secretariat. The maximum number of persons 
per delegation in the Council meeting room at the same 
time, including members of the Council, may be laid down 
by the Council.

4. 

Admission to meetings of the Council shall be subject to the 
production of a pass delivered by the General Secretariat.

Article 6
Professional secrecy and production of documents in legal 
proceedings

1.  Without prejudice to Articles 7, 8 and 9 and to provisions on 
public access to documents, the deliberations of the Council 
shall be covered by the obligation of professional secrecy, 
except in so far as the Council decides otherwise.

2. 

1. 

2. 

The Council or Coreper may authorise the production for 
use in legal proceedings of a copy of or an extract from 
Council documents which have not already been released 
to the public in accordance with the provisions on public 
access to documents.

Article 7
Legislative procedure and openness

The Council shall meet in public when it deliberates and votes 
on a draft legislative act. To that end, its agenda shall include 
a part entitled ‘Legislative deliberations’.

Documents submitted to the Council which are listed under an 
item on the ‘Legislative deliberations’ part of its agenda shall 

131

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ENbe made public, and likewise those sections of the Council 
minutes which relate to that part of the agenda.

3. 

The opening to the public of Council meetings relating to the 
‘Legislative deliberations’ part of its agenda shall be made 
through public transmission by audiovisual means, notably 
in an overflow room and through broadcasting in all official 
languages of the institutions of the European Union using 
video-streaming. A recorded version shall remain available for 
at least one month on the Council’s Internet site. The outcome 
of voting shall be indicated by visual means.

The General Secretariat shall take steps to inform the public 
in advance of the dates and approximate time on which such 
audiovisual transmissions will take place and shall take all 
practical measures to ensure the proper implementation of 
this Article.

4. 

The results of votes and explanations of votes by members 
of the Council or their representatives on the Conciliation 
Committee provided for under the ordinary legislative 
procedure, as well as the statements in the Council minutes 
and the items in those minutes relating to the Conciliation 
Committee meeting shall be made public.

5.  Where legislative proposals or initiatives are submitted to 

it the Council shall refrain from adopting acts which are not 
provided for by the Treaties, such as resolutions, conclusions 
or declarations other than those accompanying the adoption 
of the act and intended for entry in the Council minutes.

Article 8
Other cases of Council deliberations open to the public and 
public debates

1.  Where a non-legislative proposal is submitted to the Council 

relating to the adoption of rules which are legally binding 
in or for the Member States, by means of regulations, 
directives or decisions, on the basis of the relevant 
provisions of the Treaties, with the exception of internal 
measures, administrative or budgetary acts, acts concerning 
interinstitutional or international relations or non-binding 

132

Comments on the Council’s Rules of ProcedureENacts (such as conclusions, recommendations or resolutions), 
the Council’s first deliberation on important new proposals 
shall be open to the public. The Presidency shall identify 
which new proposals are important and the Council or 
Coreper may decide otherwise, whenever appropriate.

The Presidency may decide, on a case-by-case basis, that the 
subsequent Council deliberations on one of the proposals 
referred to in the first subparagraph shall be open to the 
public, unless the Council or Coreper decides otherwise.

2. 

On a decision taken by the Council or by Coreper, acting by a 
qualified majority, the Council shall hold public debates on 
important issues affecting the interests of the European Union 
and its citizens.

It shall be for the Presidency, any member of the Council, or 
the Commission to propose issues or specific subjects for such 
debates, taking into account the importance of the matter and 
its interest to citizens.

3. 

The General Affairs Council shall hold a public policy debate 
on the Council’s 18-month programme. Policy debates in 
other Council configurations on their priorities shall also be 
held in public. The Commission’s presentation of its five-year 
programme, of its annual work programme and of its annual 
policy strategy, as well as the ensuing debate in the Council, 
shall be public.

4. 

As from the sending of the provisional agenda pursuant to 
Article 3:

(a) 

(b) 

those items on the agenda of the Council which are open to 
the public in accordance with paragraph 1 shall be marked 
with the words ‘public deliberation’;
those items on the agenda of the Council which are open to 
the public in accordance with paragraphs 2 and 3 shall be 
marked with the words ‘public debate’.

The opening to the public of Council deliberations and public 
debates in accordance with this Article shall be made through 
public transmission as described in Article 7(3).

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ENArticle 9
Making votes, explanations of votes and minutes public in other 
cases

1.  Where the Council adopts non-legislative acts referred to in 
Article 8(1), the results of votes and explanations of votes by 
Council members, as well as the statements in the Council 
minutes and the items in those minutes relating to the 
adoption of such acts, shall be made public.

2.  Moreover, the results of votes shall be made public:

(a)  when the Council acts pursuant to Title V of the TEU, by 

a unanimous Council or Coreper decision taken at the 
request of one of their members;

(b) 

 in other cases, by Council or Coreper decision taken at 
the request of one of their members.

When the result of a vote in the Council is made public in 
accordance with points (a) and (b) of the first subparagraph, 
the explanations of votes made when the vote was taken shall 
also be made public at the request of the Council members 
concerned, with due regard for these Rules of Procedure, legal 
certainty and the interests of the Council.

Statements entered in the Council minutes and items in 
those minutes relating to the adoption of the acts referred to 
in points (a) and (b) of the first subparagraph shall be made 
public by Council or Coreper decision taken at the request of 
one of their members.

3. 

Except in cases where Council deliberations are open to the 
public in accordance with Articles 7 and 8, votes shall not be 
made public in the case of discussions leading to indicative 
votes or the adoption of preparatory acts.

Article 10
Public access to Council documents

The specific provisions regarding public access to Council 
documents are set out in Annex II.

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Comments on the Council’s Rules of ProcedureENArticle 11
Voting arrangements and quorum

1. 

The Council shall vote on the initiative of its President.

The President shall, furthermore, be required to open a voting 
procedure on the initiative of a member of the Council or of 
the Commission, provided that a majority of the Council’s 
members so decides.

2. 

The members of the Council shall vote in the order of the 
Member States laid down in the list of successive presidencies, 
beginning with the member who, according to that order, 
follows the member holding the office of President.

3.  Where a vote is taken, any member of the Council may also act 

on behalf of not more than one other member130.

4. 

The presence of a majority of the members of the Council who 
are, under the Treaties, entitled to vote is required to enable 
the Council to vote. When the vote is taken, the President, 
assisted by the General Secretariat, shall check that there is a 
quorum.

5.  Where a decision is to be adopted by the Council acting by 
qualified majority, 65 % of the population of the Union or, 
where not all Member States participate in voting, of the 
population of the participating Member States, and the 
minimum number of Council members representing more 
than 35 % of the population of the participating Member 
States shall be calculated in accordance with the population 
figures set out in Annex III. These figures shall also apply 
between 1 November 2014 and 31 March 2017 where, in 
accordance with Article 3(2) of Protocol No 36 on transitional 
measures, annexed to the Treaty on European Union, to the 
Treaty on the Functioning of the European Union and to the 
Treaty establishing the European Atomic Energy Community, 
a member of the Council requests that an act be adopted 
in accordance with the qualified majority as defined in 

130 

This paragraph reproduces Article 239 of the TFEU.

135

Rules of Procedure of the Council

ENparagraph 3 of that Article and a member of the Council 
requests that it be verified that the Member States comprising 
the qualified majority represent at least 62 % of the total 
population of the Union.

6.  With effect from 1 January each year, the Council shall, in 

accordance with the data available to the Statistical Office of 
the European Union on 30 September of the preceding year, 
amend the figures set out in Annex III. That Decision shall be 
published in the Official Journal of the European Union.

Article 12
Ordinary written procedure and silence procedure

1. 

Acts of the Council on an urgent matter may be adopted by 
a written vote where the Council unanimously decides to 
use that procedure or where Coreper decides to use that 
procedure in accordance with the voting rule applicable 
for the adoption of the Council acts concerned. In special 
circumstances, the President may also propose the use of that 
procedure; in such a case, written votes may be used where all 
members of the Council agree to that procedure. 

Agreement by the Commission to the use of the written 
procedure shall be required where the written vote is on a 
matter which the Commission has brought before the Council. 

A summary of acts adopted by the written procedure shall 
be drawn up every month by the General Secretariat. That 
summary shall contain any statements to be entered in the 
Council minutes. The sections of the summary which relate to 
adoption of legislative acts shall be made public.

2. 

On the initiative of the Presidency, the Council may act 
by means of a simplified written procedure called ‘silence 
procedure’:

(a) 

for the purpose of adopting the text of a reply to a 
written question or, as appropriate, to an oral question 
submitted to the Council by a Member of the European 

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Parliament, after the draft reply has been examined by 
Coreper131:

for the purpose of appointing Members, and their 
alternates, of the Economic and Social Committee and 
of the Committee of the Regions, after the draft decision 
has been examined by Coreper;

for the purpose of deciding to consult other institutions, 
bodies, offices or agencies wherever such consultation is 
required by the Treaties;

for the purpose of implementing the common foreign 
and security policy through the ‘COREU’ network 
(‘COREU silence procedure’)132.

(b) 

(c) 

(d) 

In that case, the relevant text shall be deemed to be adopted at the end 
of the period laid down by the Presidency depending on the urgency of 
the matter, except where a member of the Council objects.

3. 

 The General Secretariat shall establish that the written 
procedures have been completed.

Article 13
Minutes

1.  Minutes of each meeting shall be drawn up and, when 

approved, shall be signed by the Secretary-General. He or she 
may delegate his or her power to sign to Directors-General of 
the General Secretariat.

131 

132 

See statement (e) set out below:
(e) Re Article 12(2)(a), (b) and (c):
‘In accordance with the Council's regular practice, the time limit fixed will 
normally be three working days.’
See statement (f) set out below:
(f) Re Article 12(2)(d):
‘The Council would point out that the COREU network must be used in 
accordance with the Council conclusions of 12 June 1995 (doc. 7896/95) 
concerning the Council's working methods.’

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The minutes shall as a general rule contain in respect of each 
item on the agenda:

• 
• 

• 

a reference to the documents submitted to the Council,
the decisions taken or the conclusions reached by the 
Council,
the statements made by the Council and those whose 
entry has been requested by a member of the Council or 
the Commission.

2. 

3. 

4. 

The draft minutes shall be drawn up by the General Secretariat 
within 15 days and submitted to the Council or to Coreper for 
approval.

Prior to such approval any member of the Council, or the 
Commission, may request that more details be inserted in the 
minutes regarding any item on the agenda. These requests 
may be made in Coreper.

The minutes of the ‘Legislative deliberations’ part of 
meetings of the Council, once approved, shall be forwarded 
directly to national Parliaments, at the same time as to 
Member States’ governments.

Article 14
Deliberations and decisions on the basis of documents and 
drafts drawn up in the languages provided for by the language 
rules in force

1. 

2. 

Except as otherwise decided unanimously by the Council 
on grounds of urgency, the Council shall deliberate and take 
decisions only on the basis of documents and drafts drawn up in 
the languages specified in the rules in force governing languages.

Any member of the Council may oppose discussion if the texts 
of any proposed amendments are not drawn up in such of the 
languages referred to in paragraph 1 as he or she may specify.

138

Comments on the Council’s Rules of ProcedureENArticle 15
Signing of acts

The text of the acts adopted by the Council and that of the 
acts adopted by the European Parliament and the Council in 
accordance with the ordinary legislative procedure shall be signed 
by the President in office at the time of their adoption and by the 
Secretary-General. The Secretary-General may delegate his or her 
power to sign to Directors-General of the General Secretariat.

Article 16133
Absence of the possibility to participate in the vote

For the purposes of application of these Rules of Procedure, due 
account will be taken, in accordance with Annex IV, of cases in 
which, under the Treaties, one or more members of the Council may 
not participate in the vote.

Article 17
Publication of acts in the Official Journal

1. 

The following shall be published in the Official Journal of 
the European Union (hereinafter referred to as the ‘Official 
Journal’) by the Secretary-General:

(a) 

the acts referred to in paragraph 1 and the second 
subparagraph of paragraph 2 of Article 297 of the TFEU;

(b) 

the positions at first reading adopted by the Council in 
accordance with the ordinary legislative procedure, and 
the reasons underlying those positions;

133 

See statement (g) set out below:
(g) Re Article 16 and Annex IV:
‘The Council agrees that the provisions of Article 16 and Annex IV apply to 
acts for the adoption of which some members of the Council are, under the 
Treaties, not entitled to vote. However, application of Article 7 of the TEU is 
not covered by those provisions. In the first application of the provisions on 
enhanced cooperation, the Council will, in the light of experience acquired in 
other fields, consider any adaptations necessary to Article 16 of and Annex IV 
to these Rules of Procedure.’

139

Rules of Procedure of the Council

EN 
 
(c) 

the initiatives presented to the Council in accordance 
with Article 76 of the TFEU for the adoption of a 
legislative act;

(d) 

international agreements concluded by the Union.

Reference shall be made in the Official Journal to the 
entry into force of such agreements;

(e) 

international agreements concluded by the Union 
in matters concerning the common foreign and 
security policy, unless the Council decides otherwise 
on the grounds of Articles 4 and 9 of Regulation (EC) 
No 1049/2001 of the European Parliament and of 
the Council of 30 May 2001 regarding public access 
to European Parliament, Council and Commission 
documents134.

Reference shall be made in the Official Journal to the 
entry into force of agreements published in the Official 
Journal.

2. 

Unless the Council or Coreper decides otherwise, the 
following shall be published in the Official Journal by the 
Secretary-General:

(a) 

initiatives presented to the Council in accordance with 
Article 76 of the TFEU in cases other than those referred 
to in paragraph 1(c);

(b)  directives and decisions referred to in the third 
subparagraph of Article 297(2) of the TFEU, 
recommendations and opinions, with the exception of 
the decisions referred to in paragraph 3 of this Article.

3. 

The Council or Coreper shall decide unanimously, on a case-
by-case basis, whether there should be publication in the 
Official Journal by the Secretary-General of the decisions 
referred to in Article 25 of the TEU.

134  OJ L 145, 31.5.2001, p. 43.

140

Comments on the Council’s Rules of ProcedureEN4. 

The Council or Coreper shall decide, on a case-by-case basis 
and taking account of possible publication of the basic act, 
whether the following should be published in the Official 
Journal by the Secretary-General:

(a) 

the decisions implementing the decisions referred to in 
Article 25 of the TEU;

(b) 

the decisions adopted in accordance with the first and 
second indents of Article 31(2) of the TEU;

(c)  other Council acts, such as conclusions or resolutions.

5.  Where an agreement concluded between the Union or the 

European Atomic Energy Community and one or more States 
or international organisations sets up a body vested with 
powers of decision, the Council shall decide, when such an 
agreement is concluded, whether decisions to be taken by 
that body should be published in the Official Journal.

Article 18
Notification of acts

1. 

Directives and decisions referred to in the third subparagraph 
of Article 297(2) of the TFEU shall be notified to their 
addressees by the Secretary-General or a Director-General 
acting on his or her behalf.

2.  When they are not published in the Official Journal, the 

following acts shall be notified to their addressees by the 
Secretary-General or a Director-General acting on his or her 
behalf:

(a) 

recommendations;

(b) 

the decisions referred to in Article 25 of the TEU;

3. 

The Secretary-General or a Director-General acting on his 
or her behalf shall send to the Governments of the Member 
States and to the Commission certified copies of the Council 
directives and decisions referred to in the third subparagraph 
of Article 297(2) of the TFEU and of Council recommendations.

141

Rules of Procedure of the Council

ENArticle 19135
Coreper, committees and working parties

1. 

Coreper shall be responsible for preparing the work of all 
the meetings of the Council and for carrying out the tasks 
assigned to it by the Council. It shall in any case136 ensure 
consistency of the European Union’s policies and actions and 
see to it that the following principles and rules are observed:

(a) 

the principles of legality, subsidiarity, proportionality 
and providing reasons for acts;

(b) 

rules establishing the powers of Union institutions, 
bodies, offices and agencies;

(c)  budgetary provisions;

(d) 

rules on procedure, transparency and the quality of 
drafting.

2. 

All items on the agenda for a Council meeting shall be 
examined in advance by Coreper unless the latter decides 
otherwise. Coreper shall endeavour to reach agreement at 
its level to be submitted to the Council for adoption. It shall 
ensure adequate presentation of the dossiers to the Council 
and, where appropriate, shall present guidelines, options 
or suggested solutions. In the event of an emergency, the 
Council, acting unanimously, may decide to settle the matter 
without prior examination.

3. 

Committees or working parties may be set up by, or with 
the approval of, Coreper with a view to carrying out certain 

135 

136 

These provisions are without prejudice to the role of the Economic and 
Financial Committee as laid down in Article 134 of the TFEU and to existing 
Council Decisions thereon (OJ L 358, 31.12.1998, p. 109 and OJ L 5, 9.1.1999, 
p. 71).
See statement (h) set out below:
(h) Re Article 19(1):
‘Coreper will ensure consistency and observance of the principles set out 
in paragraph 1, in particular for matters where substantive preparation is 
undertaken in other fora.’

142

Comments on the Council’s Rules of ProcedureEN 
 
preparatory work or studies defined in advance. 

The General Secretariat shall update and make public the 
list of preparatory bodies. Only the committees and working 
parties on this list may meet as Council preparatory bodies.

4. 

Coreper shall be chaired, depending on the items on the 
agenda, by the Permanent Representative or the Deputy 
Permanent Representative of the Member State which holds 
the Presidency of the General Affairs Council.

The Political and Security Committee shall be chaired by a 
representative of the High Representative of the Union for 
Foreign Affairs and Security Policy.

The preparatory bodies of the various Council configurations, 
with the exception of the Foreign Affairs configuration, 
shall be chaired by a delegate of the Member State chairing 
the relevant configuration, unless the Council, acting by a 
qualified majority, decides otherwise. The list referred to in 
the second subparagraph of paragraph 3 shall also identify 
those preparatory bodies for which the Council has made 
other chairing arrangements, in accordance with Article 4 
of the European Council Decision on the exercise of the 
Presidency of the Council.l.

For the preparation of meetings of Council configurations 
meeting once every six months, where held during the 
first half of this period, the meetings of committees other 
than Coreper and those of working parties held during the 
preceding six months shall be chaired by a delegate of the 
Member State whose turn it is to chair the said Council 
meetings.

Except where other chairing arrangements apply, when a 
dossier will essentially be dealt with during a six-month 
period, a delegate of the Member State holding the Presidency 
during that six-month period may, during the preceding 
six-month period, chair meetings of committees, other than 
Coreper, and working parties when they discuss that dossier. 
The practical implementation of this paragraph shall be 

5. 

6. 

143

Rules of Procedure of the Council

EN 
the subject of an agreement between the two Presidencies 
concerned.

In the specific case of the examination of the budget of 
the Union for a given financial year, meetings of Council 
preparatory bodies, other than Coreper, dealing with the 
preparation of Council agenda items on the examination 
of the budget shall be chaired by a delegate of the Member 
State which will hold the Council Presidency during the 
second six-month period of the year prior to the financial 
year in question. The same shall apply, with the agreement 
of the other Presidency, to the chairing of Council meetings 
at the time when the said budget items are discussed. 
The Presidencies concerned will consult on the practical 
arrangements.

7. 

In accordance with the relevant provisions referred to below, 
Coreper may adopt the following procedural decisions, 
provided that the items relating thereto have been included 
on its provisional agenda at least three working days before 
the meeting. Unanimity on the part of Coreper shall be 
required for any derogation from that period137:

(a)  decision to hold a Council meeting in a place other than 

Brussels or Luxembourg (Article 1(3));

(b)  authorisation to produce a copy of or an extract from 
a Council document for use in legal proceedings 
(Article 6(2));;

(c)  decision to hold a public debate in the Council or not to 
hold in public a given Council deliberation (Article 8(1), 
(2) and (3));

137 

See statement (i) set out below:
(i) Re Article 19(7):
‘If a member of the Council considers that a draft procedural decision 
submitted to Coreper for adoption in accordance with Article 19(7) raises a 
question of substance, the draft decision will be submitted to the Council.’

144

Comments on the Council’s Rules of ProcedureEN 
 
(d)  decision to make the results of votes and the statements 

entered in the Council minutes public in the cases laid 
down in Article 9(2);

(e)  decision to use the written procedure (Article 12(1));

(f) 

approval or amendment of Council minutes (Article 13(2) 
and (3));

(g)  decision to publish or not to publish a text or an act in 

the Official Journal (Article 17(2), (3) and (4));

(h)  decision to consult an institution or body wherever such 

consultation is not required by the Treaties;

(i) 

(j) 

decision setting or extending a time limit for 
consultation of an institution or body;

decision to extend the periods laid down in 
Article 294(14) of the TFEU;

(k)  approval of the wording of a letter to be sent to an 

institution or body.

Article 20
The Presidency and the smooth conduct of discussions

1. 

The Presidency shall be responsible for the application of 
these Rules of Procedure and for ensuring that discussions 
are conducted smoothly. In particular, the Presidency shall 
ensure that the provisions of Annex V concerning the Council’s 
working methods are complied with.

To ensure that discussions are conducted properly it may also, 
unless the Council decides otherwise, take any appropriate 
measure necessary to achieve the best possible use of the 
time available during meetings and in particular:

(a) 

restrict the numbers per delegation present in the 
meeting room for discussion of a particular item, and 
decide whether to authorise the opening of an overflow 
room;

145

Rules of Procedure of the Council

EN(b) 

set the order in which items are to be taken and 
determine the duration of discussions on them;m;

(c)  organise the time allotted for discussion of a particular 
item, in particular through limiting the time during 
which participants may speak and determining the order 
in which they may take the floor;

(d)  ask delegations to present in writing their proposals for 

amendment of a text under discussion before a given 
date, together with a brief explanation if appropriate;

(e)  ask delegations which have identical or similar positions 
on a particular item, on a text or on part of a text to 
choose one of them to express their shared position at 
the meeting or in writing before the meeting.

2.  Without prejudice to the provisions of Article 19(4) to (6) and 

to its powers and its overall political responsibility, the six-
monthly Presidency shall be assisted in all its responsibilities 
by the other members of the pre-established group of three 
Member States referred to in Article 1(4) on the basis of the 
18-month programme or pursuant to other arrangements 
agreed between them. It shall also be assisted, where 
appropriate, by the representative of the Member State next 
holding the Presidency. At the Presidency’s request and acting 
on its instructions, that representative or a member of that 
group shall replace it as and when required, shall relieve 
it, where necessary, of certain tasks and shall ensure the 
continuity of the Council’s proceedings.

146

Comments on the Council’s Rules of ProcedureENArticle 21138 139
Reports from committees and working parties

Notwithstanding the other provisions of these Rules of Procedure, 
the Presidency shall organise the meetings of the various 
committees and working parties so that their reports are available 
before the Coreper meetings at which they are to be examined.

Unless considerations of urgency require otherwise, the Presidency 
shall postpone to a subsequent Coreper meeting any legislative 
acts on which the committee or working party has not completed its 
discussions at least five working days prior to Coreper’s meeting.

Article 22
Quality of drafting140

In order to assist the Council in its task of ensuring the drafting 
quality of the legislative acts which it adopts, the Legal Service 
shall be responsible for checking the drafting quality of proposals 
and draft acts at the appropriate stage, as well as for bringing 

138 

139 

140 

These provisions are without prejudice to the role of the Economic and 
Financial Committee as laid down in Article 134 of the TFEU and to existing 
Council Decisions thereon (OJ L 358, 31.12.1998, p. 109 and OJ L 5, 9.1.1999, 
p. 71). 
See statement (j) set out below:
(j) Re Article 21:
‘Reports from working parties and any other documents used as a basis for 
Coreper's discussions should be sent to delegations in time to allow for their 
examination.’
See statement (k) set out below:
(k) Re Article 22:
‘The Council Legal Service has also been instructed to provide assistance to 
Member States responsible for an initiative within the meaning of Article 76(b) 
of the TFEU for the purpose inter alia of checking the quality of drafting of 
such initiatives if that assistance is requested by the Member State concerned.’
See statement (l) set out below:
(l) Re Article 22:
‘Members of the Council will comment on proposals for official codification 
of legislative texts within 30 working days of the circulation of such proposals 
by the General Secretariat. Members of the Council will ensure that those 
provisions of a proposal for the recasting of legislative texts which have been 
taken from the preceding act without substantive amendment are examined 
in accordance with the principles established for examination of codification 
proposals.’

147

Rules of Procedure of the Council

EN 
 
 
 
 
 
 
drafting suggestions to the attention of the Council and its bodies, 
pursuant to the Interinstitutional Agreement of 22 December 1998 
on common guidelines for the quality of drafting of Community 
legislation141.

Throughout the legislative process, those who submit texts in 
connection with the Council’s proceedings shall pay special 
attention to the quality of the drafting.

Article 23
The Secretary-General and the General Secretariat

1. 

2. 

3. 

4. 

5. 

The Council shall be assisted by a General Secretariat, under 
the responsibility of a Secretary-General appointed by the 
Council acting by a qualified majority.

The Council shall decide on the organisation of the General 
Secretariat142.

Under its authority the Secretary-General shall take all the 
measures necessary to ensure the smooth running of the 
General Secretariat.

The General Secretariat shall be closely and continually 
involved in organising, coordinating and ensuring the 
coherence of the Council’s work and implementation of its 
18-month programme. Under the responsibility and guidance 
of the Presidency, it shall assist the latter in seeking solutions.

The Secretary-General shall submit to the Council the draft 
estimate of the expenditure of the Council in sufficient time 
to ensure that the time limits laid down by the financial 
provisions are met.

The Secretary-General shall have full responsibility for 
administering the appropriations entered in Section II – 
European Council and Council – of the budget and shall 

141  OJ C 73, 17.3.1999, p. 1.
142 

Paragraph 1 and the first subparagraph of paragraph 2 reproduce 
Article 240(2) of the TFEU.

148

Comments on the Council’s Rules of ProcedureENtake all measures necessary to ensure that they are properly 
managed. He or she shall implement the appropriations in 
question in accordance with the provisions of the Financial 
Regulation applicable to the budget of the Union.

Article 24
Security

The rules on security shall be adopted by the Council acting by a 
qualified majority.

Article 25
Duties as depositary of agreements

In the event of the Secretary-General of the Council being 
designated as depositary of an agreement concluded by the Union 
or the European Atomic Energy Community and one or more States 
or international organisations, the acts of ratification, acceptance or 
approval of those agreements shall be deposited at the address of 
the Council.

In such instances the Secretary-General shall perform the duties of a 
depositary and shall also ensure that the dates of entry into force of 
such agreements are published in the Official Journal.

Article 26
Representation before the European Parliament

The Council shall be represented before the European Parliament 
or its committees by the Presidency or, with the latter’s agreement, 
by a member of the pre-established group of three Member States 
referred to in Article 1(4), by the following Presidency or by the 
Secretary-General. The Council may also be represented before 
European Parliament committees by senior officials of the General 
Secretariat, acting on instructions from the Presidency.

The Foreign Affairs Council shall be represented before the 
European Parliament or its committees by its President. He or 
she may, where necessary, ask to be replaced by the member of 
that configuration representing the Member State holding the 
six-monthly presidency of the Council. On instructions from its 
President, the Foreign Affairs Council may also be represented 

149

Rules of Procedure of the Council

ENbefore European Parliament committees by senior officials of the 
European External Action Service or, where appropriate, of the 
General Secretariat.

The Council may also present its views to the European Parliament 
by means of a written statement.

Article 27
Provisions concerning the form of acts

The provisions concerning the form of acts are set out in Annex VI.

Article 28
Correspondence addressed to the Council

Correspondence to the Council shall be sent to the President at the 
following address of the Council:

Council of the European Union
rue de la Loi/Wetstraat 175
B-1048 Brussels

150

Comments on the Council’s Rules of ProcedureEN151

Rules of Procedure of the Council

ENPart 4. 
Annexes

Annex I. 
List of Council Configurations

1. 

2. 

3. 

4. 

General affairs143;

Foreign affairs144;

Economic and financial affairs145;

Justice and home affairs146;

5. 

Employment, social policy, health and consumer affairs;

6. 

Competitiveness (internal market, industry, research and 
space)147;

7. 

Transport, telecommunications and energy;

8. 

Agriculture and fisheries;

9. 

Environment;

10. 

 Education, youth, culture and sport148.

It is for each Member State to determine the way in which it is 
represented in the Council, in accordance with Article 16(2) of the 
TEU.

143 

144 

145 
146 
147 
148 

This configuration is established by Article 16(6), second subparagraph, of the 
TEU.
This configuration is established by Article 16(6), third subparagraph, of the 
TEU.
Including budget.
Including civil protection.
Including tourism.
Including audiovisual affairs.

153

Annexes

ENSeveral Ministers may participate as full members of the same 
Council configuration, with the agenda and the organisation of 
proceedings being adjusted accordingly149.

149 

See statement (m) set out below:
(m) Re Annex I, second paragraph:
‘The Presidency will organise Council agendas by grouping together related 
agenda items, in order to facilitate attendance by the relevant national 
representatives, particularly where a given Council configuration has to deal 
with clearly distinguishable sets of topics.’

154

Comments on the Council’s Rules of ProcedureEN 
 
Annex II. 
Specific provisions 
regarding public access 
to Council documents

Article 1
Scope

Any natural or legal person shall have access to Council documents 
subject to the principles, conditions and limits laid down in 
Regulation (EC) No 1049/2001 and the specific provisions laid down 
in this Annex.

Article 2
Consultation as regards third-party documents

1. 

For the purpose of applying Article 4(5) and Article 9(3) of 
Regulation (EC) No 1049/2001 and unless it is clear, upon 
examination of the document in the light of Article 4(1), (2) 
and (3) of Regulation (EC) No 1049/2001, that it shall not be 
disclosed, the third party concerned shall be consulted if:

(a) 

the document is a sensitive document as defined in 
Article 9(1) of Regulation (EC) No 1049/2001;

(b) 

the document originates from a Member State and:

• 

• 

was submitted to the Council before 3 December 
2001; or
the Member State concerned requested that it not 
be disclosed without its prior agreement.

2. 

In all other cases, where the Council receives an application 
for a third-party document in its possession, the General 
Secretariat, for the purpose of applying Article 4(4) of 

155

Annexes

ENRegulation (EC) No 1049/2001, shall consult the third 
party concerned unless it is clear, upon examination of the 
document in the light of Article 4(1), (2) and (3) of Regulation 
(EC) No 1049/2001, that it shall or shall not be disclosed.

3. 

The third party shall be consulted in writing (including by 
e-mail) and be given a reasonable time limit for its reply, 
taking into account the time limit laid down in Article 7 of 
Regulation (EC) No 1049/2001. In the cases referred to in 
paragraph 1, the third party shall be asked to give its opinion 
in writing.

4.  Where the document does not fall within paragraph 1(a) or 

(b) and the General Secretariat, in the light of the third party’s 
negative opinion, is not satisfied that Article 4(1) or (2) of 
Regulation (EC) No 1049/2001 is applicable, the Council shall 
be seized of the matter.

If the Council envisages the release of the document, the third 
party shall be informed immediately in writing of the Council’s 
intention to release the document after a time period of at 
least 10 working days. At the same time, the third party’s 
attention shall be drawn to Article 279 of the TFEU.

Article 3
Requests for consultation received from other institutions or 
from Member States

Requests for consultations with the Council made by another 
institution or a Member State concerning an application for a 
Council document shall be sent via e-mail to access@consilium.
europa.eu or by fax to +32(0)2 281 63 61.

The General Secretariat shall give its opinion on behalf of the 
Council promptly, taking into account any time limit required 
for a decision to be made by the institution or the Member State 
concerned, and at the latest within five working days.

156

Comments on the Council’s Rules of ProcedureENArticle 4
Documents originating from Member States

Any request by a Member State under Article 4(5) of Regulation (EC) 
No 1049/2001 shall be made in writing to the General Secretariat.

Article 5
Referral of requests by Member States

When a Member State refers a request to the Council, it shall be 
handled in accordance with Articles 7 and 8 of Regulation (EC) No 
1049/2001 and the relevant provisions of this Annex. In the event of 
a total or partial refusal of access, the applicant shall be informed 
that any confirmatory application must be addressed directly to the 
Council.

Article 6
Address for applications

Applications for access to a document shall be addressed in writing 
to the Secretary-General of the Council, rue de la Loi / Wetstraat 
175, B-1048 Brussels, by email to access@consilium.europa.eu or by 
fax to +32(0)2 281 63 61.

Article 7
Processing of initial applications

Subject to Article 9(2) and (3) of Regulation (EC) No 1049/2001, any 
application for access to a Council document shall be handled by 
the General Secretariat.

Article 8
Processing of confirmatory applications

Subject to Article 9(2) and (3) of Regulation (EC) No 1049/2001, any 
confirmatory application shall be decided upon by the Council.

Article 9
Charges

The charges for producing and sending copies of Council 
documents shall be set by the Secretary-General.

157

Annexes

ENArticle 10
Public register of Council documents

1. 

2. 

The General Secretariat shall be responsible for providing 
public access to the register of Council documents.

In addition to the references to documents, it shall be 
indicated in the register which documents drawn up after 1 
July 2000 have already been released to the public. Subject 
to Regulation (EC) No 45/2001 of the European Parliament 
and of the Council of 18 December 2000 on the protection 
of individuals with regard to the processing of personal data 
by the Community institutions and bodies and on the free 
movement of such data150 and Article 16 of Regulation (EC) 
No 1049/2001, their content shall be made available on the 
Internet.

Article 11
Documents directly accessible to the public

1. 

This Article shall apply to all Council documents, provided 
that they are not classified and without prejudice to the 
possibility of making a written application in accordance with 
Article 6 of Regulation (EC) No 1049/2001.

2. 

For the purpose of this Article:

• 

• 

‘circulation’ shall mean distribution of the final version 
of a document to the members of the Council, their 
representatives or delegates,
‘legislative document’ shall mean any document drawn 
up or received in the course of procedures for the 
adoption of a legislative act.

3. 

The General Secretariat shall make the following documents 
available to the public as soon as they have been circulated:

150  OJ L 8, 12.1.2001, p. 1.

158

Comments on the Council’s Rules of ProcedureEN(a)  documents of which neither the Council nor a Member 

State is the author, which have been made public by 
their author or with his or her agreement;

(b)  provisional agenda for meetings of the Council in its 

various configurations;

(c) 

any text adopted by the Council and intended to be 
published in the Official Journal.

4. 

Provided that they are clearly not covered by any of the 
exceptions laid down in Article 4 of Regulation (EC) No 
1049/2001, the General Secretariat may also make the 
following documents available to the public as soon as they 
have been circulated:

(a)  provisional agenda of committees and working parties;

(b)  other documents, such as information notes, reports, 

progress reports and reports on the state of discussions 
in the Council or one of its preparatory bodies which do 
not reflect individual positions of delegations, excluding 
Legal Service opinions and contributions.

5. 

The General Secretariat shall make legislative documents and 
the following documents available to the public, in addition 
to the documents referred to in paragraphs 3 and 4, as soon as 
they have been circulated:

(a) 

cover notes and copies of letters concerning legislative 
acts and acts referred to in Article 8(1) of the Rules 
of Procedure addressed to the Council by other 
institutions or bodies of the European Union or, subject 
to Article 4(5) of Regulation (EC) No 1049/2001, by a 
Member State;

(b)  documents submitted to the Council which are listed 

under an item on its agenda included in the ‘legislative 
deliberations’ part or marked with the words ‘public 
deliberation’ or ‘public debate’ in accordance with 
Article 8 of the Rules of Procedure;

159

Annexes

EN(c)  notes submitted to Coreper and/or to the Council for 

approval (‘I/A’ and ‘A’ item notes) concerning draft 
legislative acts and acts referred to in Article 8(1) of the 
Rules of Procedure, as well as the draft legislative acts 
and acts referred to in Article 8(1) of the said Rules to 
which they refer;

(d)  acts adopted by the Council during an ordinary or a 

special legislative procedure and joint texts approved 
by the Conciliation Committee under the ordinary 
legislative procedure.

6. 

After adoption of one of the acts referred to in paragraph 5(d) 
or final adoption of the act concerned, the General Secretariat 
shall make available to the public any documents relating 
to this act which were drawn up before one of such acts and 
which are not covered by any of the exceptions laid down in 
Article 4(1), (2) and (3), second subparagraph, of Regulation 
(EC) No 1049/2001, such as information notes, reports, 
progress reports and reports on the state of discussions in 
the Council or in one of its preparatory bodies (outcomes 
of proceedings), excluding Legal Service opinions and 
contributions.

At the request of a Member State, documents which are 
covered by the first subparagraph and reflect the individual 
position of that Member State’s delegation in the Council shall 
not be made available to the public.

160

Comments on the Council’s Rules of ProcedureEN 
Annex III. 
Figures concerning the 
population of the Union 
and the population of 
each Member State for 
implementing the provisions 
concerning qualified majority 
voting in the Council

For the purposes of implementing Article 16(4) TEU, Article 238(2) 
and (3) TFEU, the population of the Union and the population of 
each Member State, as well as the percentage of each Member 
State’s population in relation to the population of the Union, for 
the period from 1 January 2022 to 31 December 2022 shall be as 
follows151:

Member State

Population

Percentage of the 
population of the Union (%)

Germany

83 120 520

18,57

France

Italy

67 439 614

15,07

59 862 348

13,38

151 

Council Decision (EU, Euratom) No 2020/2030 of 10 December 2020 amending 
the Council’s Rules of Procedure (OJ L 419, 11.12.2020, p. 24).

161

Annexes

ENMember State

Population

Percentage of the 
population of the Union (%)

Spain

Poland

47 394 223

10,59

37 840 001

8,45

Romania

19 186 201

4,29

Netherlands

17 617 840

3,94

Belgium

11 566 041

2,58

Greece

10 682 547

2,39

Czechia

10 574 153

2,36

Sweden

10 370 000

2,32

Portugal

10 298 252

2,30

Hungary

9 730 772

Austria

8 926 000

Bulgaria

6 916 548

Denmark

5 833 883

Finland

5 527 493

Slovakia

5 459 871

Ireland

Croatia

5 006 324

4 036 355

2,17

1,99

1,55

1,30

1,24

1,22

1,12

0,90

162

Comments on the Council’s Rules of ProcedureENMember State

Population

Percentage of the 
population of the Union (%)

Lithuania

2 795 680

Slovenia

2 108 977

Latvia

Estonia

Cyprus

1 893 223

1 330 068

896 000

Luxembourg

633 347

Malta

EU-27

516 000

447 562 291

Threshold (65 %)

290 915 489

0,62

0,47

0,42

0,30

0,20

0,14

0,12

163

Annexes

ENAnnex IV. 
Referred to in Article 16

1. 

In application of the following provisions of these Rules of 
Procedure and for decisions in respect of which, under the 
Treaties, one or several members of the Council or of Coreper 
may not participate in the vote, account is not to be taken of 
votes by such member(s):

(a)  Article 1(3), second subparagraph (holding of a meeting 

in a place other than Brussels or Luxembourg);

(b)  Article 3(7) (inclusion on the agenda of an item other 
than those appearing on the provisional agenda);

(c)  Article 3(8) (maintaining as a B item on the agenda an A 
item which would otherwise have had to be withdrawn 
from the agenda);;

(d)  Article 5(2), as regards the presence of the European 

Central Bank only (deliberation without the presence of 
the European Central Bank);

(e)  Article 9(2), first subparagraph, point (b), and second 
and third subparagraphs (making public the results of 
votes, explanations of votes, statements in the Council 
minutes and items in those minutes relating to cases 
other than those referred to in paragraph 1);

(f) 

Article 11(1), second subparagraph (opening of a voting 
procedure);

(g)  Article 12(1) (use of the written procedure);

164

Comments on the Council’s Rules of ProcedureEN(h)  Article 14(1) (decision to deliberate and take decisions 
exceptionally on the basis of documents and drafts not 
drawn up in all the languages)152;

(i) 

(j) 

Article 17(2)(a) (non-publication in the Official Journal 
of an initiative presented by a Member State pursuant to 
Article 76 of the TFEU);

Article 17(2)(b) (non-publication in the Official Journal 
of certain directives, decisions, recommendations and 
opinions);

(k)  Article 17(5) (whether to publish in the Official Journal 

decisions taken by a body set up under an international 
agreement).

2. 

A member of the Council or of Coreper may not make use 
of the following provisions of these Rules of Procedure in 
connection with decisions on which, under the Treaties, that 
member may not participate in the vote:

(a)  Article 3(8) (possibility of a member of the Council 

requesting withdrawal of an A item from the agenda);

(b)  Article 11(1), second subparagraph (possibility of a 
member of the Council requesting the opening of a 
voting procedure);

(c)  Article 11(3) (possibility of a member of the Council 

acting on behalf of another in a vote);

(d)  Article 14(2) (possibility for any member of the Council 
to oppose discussion if the texts of any proposed 
amendments are not drawn up in the language he or she 
has specified).

152 

See statement (n) set out below:
(n) Re Annex IV, paragraph 1(h):
‘The Council confirms that present practice whereby the texts serving as a 
basis for its deliberations are drawn up in all the languages will continue to 
apply.’

165

Annexes

EN 
 
Annex V. 
COUNCIL WORKING METHODS

Preparation for meetings

1. 

2. 

The Presidency shall ensure that a file is submitted to 
Coreper by a working party or by a committee only when 
there is reasonable prospect of progress or clarification of 
positions being achieved at that level. Conversely, files may 
be referred to a working party or to a committee again only 
when necessary, and in any event only with the remit to tackle 
precise, well-defined problems.

The Presidency shall take the steps necessary to advance 
work between meetings. It can, for example, with the 
agreement of the working party or committee, undertake in 
the most efficient way necessary consultations on specific 
problems with a view to reporting back to the working party 
or committee concerned on possible solutions. It can also 
conduct written consultations by requesting delegations to 
react in written form to a proposal before the next meeting of 
the working party or committee.

3.  Whenever appropriate, delegations shall set out the positions 
they are likely to take in a forthcoming meeting in written 
form before that meeting. When that includes proposals for 
amending text, delegations shall suggest specific wording. 
Wherever possible, written input shall be submitted jointly by 
delegations maintaining identical positions.

4. 

Coreper shall avoid going over ground already covered 
in the preparation of its proceedings. That shall apply in 
particular to ‘I’ items, to information on the organisation and 
order of its business and to information on the agenda and 
organisation of forthcoming Council meetings. Wherever 
possible, delegations shall raise ‘Any other business’ items 

166

Comments on the Council’s Rules of ProcedureENwhen Coreper’s proceedings are being prepared rather than in 
Coreper itself.

5. 

The Presidency shall convey to delegations as soon as 
possible when Coreper’s proceedings are being prepared all 
the information necessary to allow thorough preparation 
of Coreper’s proceedings, including information on what 
the Presidency expects to achieve from the discussion on 
each agenda item. Conversely, the Presidency shall, as 
appropriate, encourage delegations to communicate to the 
other delegations, when Coreper’s proceedings are being 
prepared, information on the positions they will be taking in 
Coreper. In this context the Presidency shall finalise Coreper’s 
agenda. The Presidency may convene more frequently the 
groups that prepare Coreper’s proceedings, when required by 
circumstances.

Conduct of meetings

6. 

7. 

8. 

No item shall be placed on the Council agenda simply for 
presentation by the Commission or by a Council member, 
except where a debate on new major initiatives is planned.

The Presidency shall refrain from placing on Coreper’s agenda 
items for information only. Such information, e.g. on the 
outcome of meetings in another forum or with a third State or 
another institution, procedural or organisational questions, 
etc., should instead be transmitted to delegations when 
Coreper’s proceedings are being prepared, whenever possible 
in written form, and should not be repeated in Coreper.

At the start of a meeting, the Presidency shall give any further 
information necessary regarding the handling of the meeting 
and in particular indicate the length of time it intends to be 
devoted to each item. It shall refrain from making lengthy 
introductions and avoid repeating information which is 
already known to delegations.

9. 

At the start of a discussion on a substantive point, the 
Presidency shall, depending on the type of discussion which 
is needed, indicate to delegations the maximum length of 

167

Annexes

ENtheir interventions on that point. In most cases interventions 
should not exceed two minutes.

10.  Full table rounds shall be proscribed in principle; they may be 
used only in exceptional circumstances on specific questions, 
with a time limit on interventions set by the Presidency

11.  The Presidency shall give as much focus as possible to 

discussions, in particular by requesting delegations to react to 
compromise texts or specific proposals.

12.  During and at the end of meetings the Presidency shall refrain 

from making lengthy summaries of the discussions and shall 
confine itself to concluding briefly on the results (substance 
and/or procedure) achieved.

13.  Delegations shall avoid repeating points made by previous 

speakers. Their interventions shall be brief, substantive and to 
the point.

14.  Like-minded delegations shall be encouraged to hold 

consultations with a view to the presentation by a single 
spokesperson of a common position on a specific point.

15.  When discussing texts, delegations shall make concrete 

drafting proposals, in writing, rather than merely express their 
disagreement with a particular proposal.

16.  Unless indicated otherwise by the Presidency, delegations 
shall refrain from taking the floor when in agreement with 
a particular proposal; in this case silence shall be taken as 
agreement in principle.

168

Comments on the Council’s Rules of ProcedureENAnnex VI. 
PROVISIONS CONCERNING 
THE FORMS OF ACTS

A. 

1. 

Form of Regulations:

Regulations adopted jointly by the European Parliament and 
the Council and Council Regulations shall include:

(a) 

in their title the word ‘Regulation’, followed by a serial 
number, the date of their adoption and an indication of 
their subject-matter; Implementing Regulations adopted 
by the Council in accordance with Article 291(2) of the 
TFEU shall include in their title the words ‘Implementing 
Regulation’;;

(b) 

the words ‘The European Parliament and the Council 
of the European Union’ or ‘The Council of the European 
Union’, as appropriate;

(c) 

a reference to the provisions under which the Regulation 
is adopted, preceded by the words ‘Having regard to’;

(d)  a citation containing a reference to proposals submitted 
and to opinions obtained and consultations held;

(e)  a statement of the reasons on which the Regulation is 
based, preceded by the word ‘Whereas: ’, the recitals 
being numbered;

(f) 

the words ‘have adopted this Regulation’ or ‘has 
adopted this Regulation’, as appropriate, followed by the 
enacting terms of the Regulation.

2. 

Regulations shall be divided into Articles, if appropriate 
grouped into chapters and sections.

169

Annexes

EN3. 

The final Article of a Regulation shall fix the date of entry into 
force, where that date is before or after the 20th day following 
publication

4. 

The final Article of a Regulation shall be followed by:

(a) 

(i) the words ‘This Regulation shall be binding in its entirety 
and directly applicable in all Member States’,or

(ii) the words ‘This Regulation shall be binding in its entirety 
and directly applicable in the Member States in accordance 
with the Treaties ‘, in any cases in which an act is not 
applicable to, or in, all Member States153;

(b) 

the words ‘Done at …. ’, followed by the date on which 
the Regulation was adopted,

and

(c) 

 in the case of:

(i) a Regulation adopted jointly by the European Parliament 
and the Council, the words:

‘For the European Parliament

The President’

‘For the Council

The President’

153 

See statement (o) set out below:
(o) Re Annex VI, paragraph A.4(a)(ii):
‘The Council would point out that, in the cases provided for in the Treaties 
where an act is not applicable to or in all Member States, it is necessary to 
make clear its territorial application in the reasons given for and content of 
the act concerned.’

170

Comments on the Council’s Rules of ProcedureEN 
 
followed by the name of the President of the European 
Parliament and of the President of the Council in office at the 
time when the Regulation is adopted;

(ii) a Council Regulation, the words:

‘For the Council

The President’

followed by the name of the President of the Council in office 
at the time when the Regulation is adopted.

Forms of Directives, Decisions, Recommendations and 
Opinions

Directives and Decisions adopted jointly by the European 
Parliament and the Council, and Directives and Decisions of 
the Council, shall include in their titles the word ‘Directive’ or 
‘Decision’;

Implementing Directives and Decisions adopted by the 
Council in accordance with Article 291(2) of the TFEU shall 
include in their titles the words ‘Implementing Directive’ or 
‘Implementing Decision’;

Recommendations and Opinions issued by the Council shall 
include in their titles the word ‘Recommendation’ or ‘Opinion’.

The provisions relating to Regulations set out in A above shall 
apply mutatis mutandis, subject to the relevant provisions of 
the Treaties, to Directives and Decisions.

B. 

1. 

2. 

3. 

C. 

Forms of Decisions referred to in Article 25 of the TEU

Those Decisions shall bear the following headings:

‘Council Decision’, a serial number (year/number/CFSP), the date of 
adoption and the subject-matter.

171

Annexes

ENEDITION NOTICE

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175

Contents

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