Code of Conduct laying down the internal arrangements regarding the exercise of the rights, and the fulfilment of the obligations, of the European Union and Member States under the Council of Europe Convention on preventing and combating violence against women and domestic violence 2023/C 194/03
Date: 2023-06-02
Institutions: Council of the European Union
Subjects: EU competence, European convention, code of conduct, competence of the Member States, judicial cooperation in criminal matters in the EU, public administration, removal, return migration, right of asylum, violence, women's rights








C_2023194EN.01000701.xml










2.6.2023   


EN


Official Journal of the European Union


C 194/7






Code of Conduct laying down the internal arrangements regarding the exercise of the rights, and the fulfilment of the obligations, of the European Union and Member States under the Council of Europe Convention on preventing and combating violence against women and domestic violence
(2023/C 194/03)
Recalling that on 13 June 2017 the European Union (‘the Union’), in accordance with Council Decisions (EU) 2017/865 (1) and (EU) 2017/866 (2), signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Convention’) for matters falling within the exclusive competence of the Union, namely matters relating to judicial cooperation in criminal matters, matters relating to asylum and non-refoulement and matters relating to the institutions and public administration of the Union,
Considering that, as both the Union and its Member States have competences in the fields covered by the Convention, there is a need for a code of conduct setting out internal arrangements between the Union and the Member States that are party to the Convention (‘Member States’) in respect of the Convention,
Recalling that the arrangements of this Code of Conduct are to be applied in a manner that fully respects the principle of mutual sincere cooperation provided for in Article 4(3) and Article 13(2) of the Treaty on European Union (TEU) so as to enable the Union and the Member States to achieve coherent, comprehensive and unified external representation in relation to the Convention,
Recalling that these arrangements do not affect the distribution of competences between the Union and its Member States or the allocation of powers between the institutions in accordance with the Treaties of the Union and are without prejudice to the procedure for establishing positions to be adopted on the Union’s behalf set out in Article 218(9) of the Treaty on the Functioning of the European Union (TFEU),
Recalling that the scope and exercise of Union exclusive competence as referred to in Article 3(2) TFEU are by their nature subject to continuous development,
Bearing in mind that the requirement of unity of the external representation of the Union and of the Member States in accordance with the Treaties of the Union and the case law of the Court of Justice of the European Union also applies at the stage of the implementation of international obligations,
THE FOLLOWING CODE OF CONDUCT is drawn up between the Council, the Member States and the Commission:
1.   Nature and scope








1.1.


This Code of Conduct sets out the internal arrangements for cooperation between the Union and the Member States on various aspects of the implementation of the Convention. It is therefore intended as a practical internal tool to enable the Union and the Member States to achieve coherent, comprehensive and unified external representation with regard to the Convention.












1.2.


Without prejudice to the general duty of mutual sincere cooperation laid down in Article 4(3) and Article 13(2) TEU, this Code of Conduct applies to participation in the Committee of the Parties under the Convention and in the monitoring mechanism carried out by the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO).












1.3.


This Code of Conduct also lays down the principles concerning the functioning of the coordinating body in accordance with Article 10 of the Convention as well as of the fulfilment of and cooperation concerning the reporting obligations incumbent on the Union and the Member States under the Convention as concerns their respective competences.




2.   Fora for coordination








2.1.


Without prejudice to the procedure set out in Article 218(9) TFEU, all issues related to the preparation of meetings and the exercise of the Union’s rights under the Convention will be dealt with by the competent preparatory bodies of the Council, with all efforts being made to reach an agreement in a spirit of mutual sincere cooperation. The competent Council preparatory body is the Working Party on Fundamental Rights, Citizens’ Rights and Free Movement of Persons (FREMP). The Chair of FREMP will inform and liaise with the Chairs of other working parties as necessary.












2.2.


Where no agreement can be reached in FREMP, inter alia for reasons relating to disagreement on the distribution of competences, the matter will be submitted without undue delay to the Permanent Representatives Committee (Coreper) and, where necessary, to the Council in due time before the relevant meeting or deadline set in the Convention.












2.3.


Where necessary, in situ coordination meetings will take place in Strasbourg. The purpose of such meetings is to complement Union or common positions and to adapt such positions to the context of the relevant meeting, without substantially altering existing positions.




3.   Union positions, common positions and coordinated positions








3.1.


The Union institutions and the Member States will ensure close cooperation in the implementation of the Convention, bearing in mind the principles of mutual sincere cooperation and subsidiarity, laid down in Article 4(3) and Article 13(2) TEU and in Article 5(3) TEU respectively, and the need to respect the respective competences of the Union and the Member States, in accordance with Article 5(1) TEU.




(a)   Union positions








3.2.


On matters falling within the Union’s exclusive competence, including in particular, as mentioned in Council Decisions (EU) 2023/1075 (3) and (EU) 2023/1076 (4), certain provisions of the Convention relating to judicial cooperation in criminal matters, asylum and non-refoulement, and the Union’s institutions and public administration, the Union will aim to elaborate Union positions.




(b)   Common positions








3.3.


Where the Union and the Member States are called upon to take a position pursuant to point 1.2 of this Code of Conduct on a matter where certain elements fall under the Union’s exclusive competence and certain elements fall under the Member States’ competence, the Union and the Member States will aim to elaborate common positions.




(c)   Coordinated positions








3.4.


On matters falling within the competence of the Member States, the Member States will aim to elaborate coordinated positions, whenever it is deemed appropriate.




4.   Speaking and voting






(a)


Speaking in cases of agreed Union, common or coordinated positions






4.1.


Union positions are to be delivered by the Commission on behalf of the Union. Member States remain free to take the floor with interventions that are aligned with the Union position, in particular in order to strengthen and support it.










4.2.


Common positions referred to in point 3.3 are to be delivered on behalf of the Union and the Member States by the Commission and the Presidency of the Council of the EU, or a Member State appointed by the Presidency, acting in close cooperation. The Commission, on the one hand, and the Presidency or the Member State appointed by the Presidency, on the other, may agree that one of them will deliver the common position on behalf of the Union and the Member States. The Commission and Member States may take the floor to strengthen and support the common position.










4.3.


Coordinated positions will be expressed on behalf of the Member States by the Presidency or, where necessary, by a Member State, as appointed by the Presidency, or by the Commission with the agreement of all Member States present.














(b)


Voting in cases of agreed Union, common or coordinated positions






4.4.


The Commission, on behalf of the Union, will exercise the Union’s voting rights on the basis of Union positions.










4.5.


Where the Union and the Member States are called upon to vote on a matter referred to in point 3.3, and where the right to vote on such a matter is to be exercised by either the Union or the Member States, the Commission and the Presidency, or a Member State appointed by the Presidency, will agree in advance who will exercise the right to vote on the basis of a common position. Such agreement will be based on the main focus of the matter at hand.










4.6.


Member States will exercise their voting rights on the basis of coordinated positions wherever applicable.














(c)


Speaking and voting in cases of no Union, common or coordinated position






4.7.


Where no agreement on a Union, common or coordinated position can be reached, Member States may speak and vote on matters falling within their competence on condition that the position is consistent with Union policies and in conformity with Union law. The Commission may speak and vote on matters falling within the Union’s competence to the extent necessary to defend the Union policies pre-established by the Council and the Union acquis.








5.   Procedure regarding the Union’s candidates for election as GREVIO members








5.1.


The Commission will establish a transparent selection procedure for the Union’s candidates for election as GREVIO members in accordance with the procedure established by the Committee of Ministers of the Council of Europe under Article 66(5) of the Convention. The Commission will inform FREMP about the details of the selection procedure before that procedure is initiated.












5.2.


The Commission will select candidates for election as GREVIO members on the basis of the selection procedure referred to in point 5.1.
Prior to submitting the list of the Union’s candidates to the Secretary General of the Council of Europe, the Commission’s selection for the Union candidates will be endorsed by Coreper.












5.3.


A simplified procedure will also be established for the renewal of the mandate of an elected expert nominated by the Union.




6.   Nomination of representatives to the Committee of the Parties
The Commission will designate its representative for the Committee of the Parties and inform FREMP thereof.
7.   Coordinating body








7.1.


The Commission will function as the Union’s coordinating body in accordance with Article 10 of the Convention for matters of the Convention falling under exclusive Union competence, without prejudice to the respective competences of the Member States, and without prejudice to the allocation of powers between the institutions in accordance with the Treaties of the Union and the autonomy of the institutions of the Union in matters relating to their respective activities.












7.2.


Member States will nominate one or more coordinating bodies in accordance with Article 10 of the Convention and notify the Commission of a single contact point representing their coordinating body or bodies.












7.3.


The Commission and the contact points of the Member States will inform each other of notifications or information requests from the Council of Europe or any other State Party to the Convention. For this purpose, the Commission will provide a single entry point for notifications or information provided by Member States’ contact points and ensure the distribution of the information to all Member States’ coordinating bodies through their national contact points.












7.4.


Where necessary, on its own initiative or at the request of a Member State’s coordinating body or contact point, the Commission will organise coordination meetings. Such coordination meetings will convene Member States’ coordinating bodies, their contact points or both, as appropriate.




8.   GREVIO monitoring mechanism






(a)


Reporting






8.1.


Reports of the Union and of its Member States submitted to GREVIO will cover their respective competences. Insofar as the exclusive competences of the Union and the competences of the Member States are interlinked, the Union and the Member States will fulfil the reporting obligations laid down by the Convention in a coherent and complementary manner. Union reports will, wherever possible, refer to Member States’ reports in order to avoid double reporting.
The Union reports will set out the extent of the Union’s exclusive competences for the implementation of the provisions of the Convention covered by the reporting exercise. This information will be provided in sufficiently clear and explicit terms in order to allow GREVIO and the Committee of the Parties – when they evaluate the measures giving effect to the provisions of the Convention – to fully take into account the fact that the Union is only acceding to the Convention as concerns its exclusive competences and that the other provisions of the Convention will be implemented by the Member States under their own competence.
The same transparency as concerns the respective competences of the Union and of the Member States will be ensured in general by the Commission in its interactions with the bodies established by the Convention, in the context of the monitoring of the implementation of the Convention.










8.2.


The Member States will closely cooperate with the Commission as regards the provision of information that is necessary to fulfil the reporting requirements on Union acquis with regard to the Convention, drawing on existing information collected as part of their reporting obligations under the Convention.










8.3.


In line with the duty of mutual sincere cooperation, the Commission will, in due time before the submission of the Union report, present the report to FREMP for information. Member States will submit to FREMP for information a copy of their respective reports, if possible before submission to GREVIO.










8.4.


The Commission and each Member State will also share answers to questions received from GREVIO and comments the findings and recommendations from GREVIO during the reporting process. For this purpose, the Commission will provide a single entry point for Member States and ensure the distribution of the information to all Member States.










8.5.


Member States and the Commission will share information through FREMP in advance about the content of oral presentations in GREVIO and in the Committee of the Parties, if possible.










8.6.


The Commission and the Member States will discuss in FREMP the follow-up to any GREVIO report or conclusions, or, where appropriate, recommendations of the Committee of Parties, related to the Union report.














(b)


Meetings with GREVIO and country visits






8.7.


A Member State may request the Commission to provide an expert to become a part of its delegation, and the Commission may request Member States to provide experts for the Union’s delegation.














(c)


Parliamentary involvement






8.8.


The Commission will submit GREVIO reports on the implementation of the Convention by the Union to the European Parliament in line with Article 70(2) of the Convention.








9.   Generation of statistics required under the Convention








9.1.


Union-wide statistics are an element to be delivered by the Union under the reporting obligations.












9.2.


To the extent possible, the Union reporting will use data generated at Union level and rely, where data assembled by Member States’ statistical institutes and research bodies are used, on the data reported by Member States to GREVIO. For the sake of obtaining the most accurate picture of the prevalence of violence, it is important that Member States, the Commission and other Union bodies cooperate closely to the extent necessary in order to enable the Union to fulfil its reporting obligations.




10.   Revision
The Council, Member States or the Commission may request the revision of this Code of Conduct, in particular to take account of experience gained during its operation.
11.   Publication
This Code of Conduct will be published in the C series of the Official Journal of the European Union.


(1)  Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters (OJ L 131, 20.5.2017, p. 11).

(2)  Council Decision (EU) 2017/866 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to asylum and non-refoulement (OJ L 131, 20.5.2017, p. 13).

(3)  Council Decision (EU) 2023/1075 of 1 June 2023 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to institutions and public administration of the Union (OJ L 143 I, 2.6.2023, p. 1).

(4)  Council Decision (EU) 2023/1076 of 1 June 2023 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement (OJ L 143 I, 2.6.2023, p. 4).