26.6.2010 EN Official Journal of the European Union L 160/5
EUROPEAN COUNCIL DECISION
of 17 June 2010
on the examination by a conference of representatives of the governments of the Member States of the amendments to the Treaties proposed by the Spanish Government concerning the composition of the European Parliament and not to convene a Convention
(2010/350/EU)
THE EUROPEAN COUNCIL
,
Having regard to the Treaty on European Union, and in particular Article 48(3) thereof,
Having regard to the proposal for amendments to the Treaties submitted to the Council by the Spanish Government on 4 December 2009 and submitted to the European Council by the Council on 7 December 2009,
Having regard to the consent of the European Parliament not to convene a Convention (1),
Having regard to the opinion of the European Parliament (2),
After notification of the proposal to the national parliaments,
Having regard to the opinion of the European Commission (3),
Whereas:
(1) On 4 December 2009, following the conclusions of the European Council at its meetings on 11 and 12 December 2008 and on 18 and 19 June 2009, the Spanish Government submitted, in accordance with Article 48(2), first sentence, of the Treaty on European Union (TEU), a proposal for the amendment of the Treaties concerning the composition of the European Parliament.
(2) On 7 December 2009, in accordance with Article 48(2), third sentence, of the TEU, the said proposal was submitted by the Council to the European Council. It was also notified to the national Parliaments.
(3) At its meeting on 10 and 11 December 2009, the European Council decided, in accordance with Article 48(3), first subparagraph, of the TEU, to consult the European Parliament and the Commission on the proposed amendments. It also decided, in accordance with Article 48(3), second subparagraph, of the TEU, to request the consent of the European Parliament on its intention not to convene a Convention given that, in its view, this was not justified by the extent of the proposed amendments. Letters to those ends were sent by the President of the European Council on 18 December 2009.
(4) On 6 May 2010, the European Parliament adopted a favourable opinion on the proposed amendments. It also gave its consent on the decision not to convene a Convention as this is not justified by the extent of the proposed amendments. On 28 April 2010, the Commission adopted a favourable opinion on the proposed amendments.
(5) Therefore, it is appropriate that, in accordance with Article 48(3) of the TEU, the European Council decide that a conference of representatives of the governments of the Member States should examine the amendments proposed by the Spanish Government, define the terms of reference of the conference and decide not to convene a Convention,
The European Council hereby decides that a conference of representatives of the governments of the Member States shall examine the amendments to Article 2 of the Protocol on transitional provisions 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, regarding the composition of the European Parliament, as proposed by the Spanish Government on 4 December 2009, in the wording as annexed to this Decision, which will constitute the terms of reference of the said conference. In view of the extent of the proposed amendments, a Convention under Article 48(3) of the Treaty on European Union shall not be convened.
This Decision shall enter into force on the day of its adoption.