GENERAL SECRETARIAT OF THE COUNCIL OF THE EUROPEAN UNION. Directorate for the Quality of Legislation

Transcription

1 (27.03) SN 35//08 REV (OR. fr) GERAL SECRETARIAT OF THE COUNCIL OF THE EUROPEAN UNION Directorate for the Quality of Legislation MANUAL OF PRECEDTS FOR ACTS ESTABLISHED WITHIN THE COUNCIL OF THE EUROPEAN UNION Fifth edition October 2008 Version

2 II To all those who wield the pen: 'Then you should say what you mean," the March Hare went on. "I do," Alice hastily replied; "at least at least I mean what I say that's the same thing, you know." "Not the same thing a bit!" said the Hatter. "Why, you might just as well say that "I see what I eat" is the same thing as "I eat what I see!" Lewis Carroll, Alice in Wonderland. "When I use a word," Humpty Dumpty said, in rather a scornful tone. "It means just what I choose it to mean neither more nor less." "The question is," said Alice, "whether you can make words mean so many different things." "The question is," said Humpty Dumpty, "which is to be master that's all." Lewis Carroll, Through the Looking Glass. "Well," said Owl, "the customary procedure in such cases is as follows." "What does Crustimoney Proseedcake mean?" said Pooh. "For I am a Bear of Very Little Brain, and long words Bother me." "It means the Thing to Do." "As long as it means that, I don't mind," said Pooh humbly. A. A. Milne, Winnie the Pooh, 4.

3 III FOREWORD This manual has been drawn up to harmonise the finalisation of texts in the official languages of the Communities' institutions and to provide a guide on the practice followed in the Council for those responsible for drafting acts or proposals for acts. The types of act provided for in the Treaties establishing the Communities are relatively few in number. The principles of these acts are defined in Articles 249 to 254 of the EC Treaty and Articles 6, 62 and 63 of the Euratom Treaty. The formal structure of regulations, directives and decisions (which are frequently adopted jointly with the European Parliament) is governed by Annex VI to the Rules of Procedure of the Council (OJ L 285, , p.47). No precise form is prescribed by these texts for recommendations or opinions. The Treaty on European Union (as amended by the Treaty of Amsterdam and the Treaty of Nice) introduced a number of acts, including common strategies, joint actions and common positions in the field of common foreign and security policy (CFSP) and common positions, framework decisions and conventions in the field of police and judicial cooperation in criminal matters. International agreements in general conform to the practice of international law, in particular the rules of the 969 Vienna Convention on the Law of Treaties. Other acts, some of which are of a more political than legal character, are the result of common practice, in particular, of the need to apply the Treaties and the secondary legislation deriving therefrom. Apart from acts which relate to the Council's activities, acts adopted by the representatives of the Governments of the Member States (sometimes in conjunction with the Council) are also finalised within the Council, as are acts adopted by joint bodies set up under agreements concluded with third States. Part I of this manual sets out all the types of acts concerned in schematic form, showing the usual methods of presentation and the most common formal provisions. Part II contains general information on, in particular, the structure of acts and how they should be drafted. *** Among the facts which this latest updating takes into account are the following (in chronological order): expiry of the ECSC Treaty (23 July 2002); change of name of the "Official Journal of the European Communities" to "Official Journal of the European Union" (with the entry into force of the Treaty of Nice on February 2003); expiry of the 4th ACP-EC Convention ("Lomé Convention") on 29 February 2002 and entry into force of the ACP-EC Partnership Agreement ("Cotonou Agreement", OJ L 37, , p. 3) on April 2003; entry into force of new Rules of Procedure for the Council on 5 September 2006; enlargements of the European Union ( May 2004 and January 2007); loss of Member States' right of initiative in the EC Treaty, Article 67 (5 years after the Treaty of Amsterdam came into force, i.e. May 2004). This updated manual exists in the following versions: Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish. See also the Interinstitutional Agreement of 22 December 998 on common guidelines for the quality of drafting of Community legislation (OJ C 73, , p. ), concluded by the European Parliament, the Council and the Commission, and the Joint Practical Guide for the Drafting of Community legislation of 6 March 2000 prepared by the legal services of the European Parliament, the Council and the Commission.

4 IV CONTTS PART I Form of Acts Page I. ACTS OF THE COUNCIL 2 II. ACTS COMMON TO THE EUROPEAN PARLIAMT AND THE COUNCIL 30 III. IV. ACTS OF THE REPRESTATIVES OF THE GOVERNMTS OF THE MEMBER STATES 37 ACTS OF THE COUNCIL AND OF THE REPRESTATIVES OF THE GOVERNMTS OF THE MEMBER STATES 40 V. ACTS OF JOINT BODIES SET UP BY INTERNATIONAL AGREEMTS 42 VI. INTERNATIONAL AGREEMTS 45 VII. VIII. ACTS ADOPTED BY THE EUROPEAN COUNCIL OR THE COUNCIL UNDER TITLE V OF THE EU TREATY (COMMON FOREIGN AND SECURITY POLICY) 58 ACTS ADOPTED BY THE COUNCIL UNDER TITLE VI OF THE EU TREATY (POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS) 62 IX. COVER PAGES 67 PART II General information I. REMARKS ON THE CONSTITUT PARTS OF ACTS 69 II. VALIDITY OF ACTS 93 III. INDICATIONS FOR DRAFTING 98 IV. LEGAL OPERATIONS AFFECTING AN ACT 0 V. ORDER OF CITATION, NAMES IN FULL OR ABBREVIATED FORM 9 VI. RULES GOVERNING THE LANGUAGES 24 ANNEXES ANNEX I COMMITTEE PROCEDURE 28 ANNEX II PROCEDURE FOR ADOPTING CORRIGDA 39 ANNEX III CODIFICATION 4 ANNEX IV ALPHABETICAL INDEX MISCELLANEOUS (STANDARD WORDS AND PHRASES, EXPRESSIONS, DESIGNATIONS, VARIOUS RULES) 45 XIII A detailed table of contents appears on the following pages.

5 V CONTTS PART I FORM OF ACTS Page I. ACTS OF THE COUNCIL. Regulations.. Regulations (general) 2.2. Regulations concerning the conclusion of international agreements.2.. Two-stage procedure One-stage procedure 7.3. Financial regulations 9 2. Decisions within the meaning of Article 249 of the EC Treaty and Article 6 of the Euratom Treaty 0 3. Sui generis decisions 3.. Decisions (general) Decisions concerning the signing and provisional application of international agreements Decisions concerning the conclusion of international agreements Two-stage procedure One-stage procedure Decisions approving the conclusion of international agreements by the Commission Decisions adopting general implementing provisions (concerning officials and other servants) 9 4. Directives Rules (concerning officials and other servants) Recommendations 6.. Recommendations in simple form Recommendations in more elaborate form Resolutions Conclusions Statements and declarations 9.. Statements in simple form Declarations in more elaborate form 29

6 VI Page II. ACTS COMMON TO THE EUROPEAN PARLIAMT AND THE COUNCIL. Regulations Decisions within the meaning of Article 249 of the EC Treaty Sui generis decisions Directives 34 III. ACTS OF THE REPRESTATIVES OF THE GOVERNMTS OF THE MEMBER STATES. Internal agreements Decisions Resolutions, declarations 39 IV. ACTS OF THE COUNCIL AND OF THE REPRESTATIVES OF THE GOVERNMTS OF THE MEMBER STATES. Decisions Resolutions, conclusions 4 V. ACTS OF JOINT BODIES SET UP BY INTERNATIONAL AGREEMTS. Decisions Recommendations, resolutions, opinions, statements, declarations 44 VI. INTERNATIONAL AGREEMTS. Texts of international agreements.. Treaties and Conventions Final acts International agreements Agreements in the form of an Exchange of Letters Agreements in the form of agreed minutes Protocols Procedural acts linked with international agreements 2.. Decision authorising the Commission to negotiate an international agreement 2... Usual form Exceptional form Decision concerning negotiating directives Usual form Exceptional form Decision concerning the signing of an international agreement Usual form Exceptional form Full powers for the signing of an international agreement One-stage procedure Two-stage procedure Regulation or decision concerning the conclusion of an international agreement Act of notification 57

7 VII VII. ACTS ADOPTED BY THE EUROPEAN COUNCIL OR THE COUNCIL UNDER TITLE V OF THE EU TREATY (COMMON FOREIGN AND SECURITY POLICY) Page. Common strategies (Article 3) Joint actions (Article 4) Common positions (Article 5) Decisions (Article 23(2)) 6 VIII. ACTS ADOPTED BY THE COUNCIL UNDER TITLE VI OF THE EU TREATY (POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS). Common positions (Article 34(2)(a) ) Framework decisions (Article 34(2)(b) ) Decisions (Article 34(2)(c) ) Conventions (Article 34(2)(d) ) 4.. Acts establishing Conventions Conventions 66 IX. COVER PAGES. Co-decision and cooperation procedures (Articles 25 and 252 of the EC Treaty).. Common positions Joint texts (Conciliation Committee) Joint guidelines in budgetary matters Initiatives (Article 34(2) of the EU Treaty) 67

8 VIII PART II GERAL INFORMATION Page I. REMARKS ON THE PARTS OF ACTS. Designation of certain acts Distinction between decisions within the meaning of Article 249 EC and Article 6 Euratom and sui generis decisions Title 2.. General Numbering of acts Content description Reference to an act in the title of another act Reference to an act in the body of another act First reference Subsequent references Citations 3.. General remarks Form Punctuation Footnotes 8 4. Recitals 4.. General Obligation to state reasons Content of recitals Purpose of stating reasons Legal importance of recitals Form Punctuation Enacting terms 5.. General Subdivision of the enacting terms Rules for referring to the subdivisions of the enacting terms The structure of references Lists of subdivisions Expressions to be avoided in references References Articles concerning publication Annexes and acts attached 6.. Annexes proper and non-autonomous annexed legal acts Autonomous legal acts attached to other acts or forming an integral part thereof 9 7. Footnotes 7.. General References to the Official Journal 92

9 IX II. VALIDITY OF ACTS Page. Entry into force and applicability of regulations and of certain directives and decisions Application of other acts References to dates and time limits 3.. General Amending acts Entry into force of directives Transposition of directives Methods of indicating the beginning and end of periods of validity and deadlines 96 III. INDICATIONS FOR DRAFTING. Use of precedents Legal terms Structure of texts Rules for writing certain terms 4.. Use of capital and small letters 4... Use of capitals Use of small letters Abbreviations, initials, acronyms, etc The writing of dates, numbers and quantities Use of inverted commas Lists Hyphenation of chemical terms at the end of a line Tariff nomenclature 5.. Definitions Rules to be followed in tariff regulations 08 IV. LEGAL OPERATIONS AFFECTING AN ACT 0. Amendment.. General.2. Amending provisions.2.. Introductory wording Replacing of words etc Insertion Addition Deletion 4.3. Amending documents.3.. Addenda Corrigenda (before adoption) Corrigenda (after adoption) 6

10 X 2. Extension 7 3. Repeal 7 4. Codification 4.. General Items that should appear in a codified act 8 V. ORDER OF CITATION, NAMES IN FULL OR ABBREVIATED FORM. Order of citation.. Communities 9.2. Treaties establishing the Communities 9.3. Community institutions and bodies treated as such 9.4. States Names in full or abbreviated form 2.. Communities and the Union Treaties Community institutions and bodies treated as such States 22 Page VI. RULES GOVERNING THE LANGUAGES. General Principles applicable to secondary legislation Principles applicable to international agreements Language order 4.. Order of language version where grouped (multilingual texts) Order of listing languages (monolingual texts) 27

11 XI ANNEXES Page ANNEX I COMMITTEE PROCEDURE. Extract from Council Decision 999/468/EC Standard texts 33 ANNEX II PROCEDURE FOR THE ADOPTION OF CORRIGDA (after publication). Council Acts Acts adopted under the co-decision procedure 40 ANNEX III CODIFICATION: STANDARD WORDING A. Title 4 B. Standard recitals specific to codification 42 C. Standard articles specific to codification 43 D. Standard annexes specific to codification 44 ANNEX IV MISCELLANEOUS (standard words and phrases, expressions, designations, various rules) A. Standard words and phrases 45 B. Nuances to be observed 47 C. Continued use of former official names 49 D. Expressions for the Community in its various forms 49 E. Details concerning the designation of certain countries or authorities 50 F. Fishery zones and names of their subdivisions 5 G. Renumbering according to the Treaty of Amsterdam 53 H. Some comments on the use of the English language 55 Alphabetical index XIII

12 PART I FORM OF ACTS

13 2 I. ACTS OF THE COUNCIL. REGULATIONS.. Regulations (general) THE COUNCIL OF THE EUROPEAN UNION, COUNCIL REGULATION ( ) No /2008 of [Having regard to the Treaty, [and in particular Article(s) thereof,] [Having regard to,] [Having regard to the proposal from the Commission,] [submitted following consultation with (following consultations within) the Advisory Committee, set up (provided for) by (that Regulation),] [Having regard to the draft regulation submitted by the Commission,] 2 [Having regard to the recommendation from the Commission,] [Having regard to the recommendation from the European Central Bank,] [Having regard to the Opinion of the European Parliament,] [Having regard to the assent of the European Parliament,] [Having regard to the opinion of the Court of Justice,] Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [Having regard to the opinion of the European Central Bank,] [Acting in accordance with the procedure laid down in Article 252 of the Treaty,] For citations, see remarks on page 80. This citation is used in place of the preceding one when, in the absence of any formal right of initiative to make a proposal or recommendation, the Commission submits a draft text. So-called "cooperation" procedure. For footnote, see point 3.4 on page 8.

14 3 Whereas : (). (2). ( ), HAS ADOPTED THIS REGULATION: Article This Regulation shall enter into force on Article 2 [This Regulation shall enter into force on the ( ) day (following that of /of) its publication in the Official Journal of the European Union.] 3 [It shall apply from (to ).] [It shall expire on ] This Regulation shall be binding in its entirety and directly applicable in all Member States. 4 [This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.] 5 Done at, 6 For the Council The President [ ] Concerning recitals, see comments on p For entry into force and applicability in general, see page This wording in square brackets, followed by the wording "It shall apply from (future date)", is used when the regulation requires implementing texts which must be published and enter into force before its effective application. If such is not the case, only the wording "This Regulation shall enter into force on the " is used, indicating the effective date of its application, since the very fact of the adoption of the regulation confers the necessary powers on the institutions for all preparatory measures other than the abovementioned implementing texts. Where the regulation has retroactive effect, the wording "It shall apply from (date in the past)" is used. 4 This sentence, which appears in every regulation, does not form part of the last article. 5 This wording is to be inserted instead of the usual wording when the regulation is not applicable to, or in, all Member States (e.g. Member States not taking part in the euro, Protocol integrating the Schengen acquis into the framework of the European Union, strengthened cooperation, etc). In a statement in Annex V to its Rules of Procedure, the Council pointed out that in these cases it is necessary to make clear the territorial application in the reasons given for, and content of, the act concerned. 6 Usually Brussels, except for April, June and October, when Council meetings are held in Luxembourg.

15 4.2. Regulations concerning the conclusions of international agreements.2.. Two-stage procedure COUNCIL REGULATION 2 (EC) No /2008 of concerning (relating to) the conclusion of the Agreement [between the European Economic Community and ] 3 [and laying down provisions for its application] THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles (33) (8) (308) (30) ( ), in conjunction with the first subparagraph of Article 300(2), (and the subparagraph 4 of Article 300(3),] thereof, [Having regard to the proposal from the Commission,] [Having regard to the Opinion of the European Parliament,] 5 [Having regard to the assent of the European Parliament,] 6 Whereas: (). (2). ( ), [( ) The Agreement should be approved], 7 HAS ADOPTED THIS REGULATION: The first stage being the decision for the signing of the Agreement within the meaning of the first subparagraph of Article 300(2) of the EC Treaty (see pages 4 and 5). The fact that the instrument takes the form of a regulation is exceptional; international agreements are normally concluded by a "sui generis" decision (see pages 6 and 7). The whole title of the Agreement should appear here. Where appropriate, the expression "conclusion" is replaced by "acceptance" or "accession". In addition to paragraph 2, reference should be made to: "the first subparagraph of Article 300(3)" in the case of consultation of the European Parliament (including agreements based on Article 33, in the case of optional consultation) or "the second subparagraph of Article 300(3)" in the case of assent by the European Parliament. Citation used for the conclusion of agreements referred to in the first subparagraph of Article 300(3). Citation used for the conclusion of agreements referred to in the second subparagraph of Article 300(3). Since the title of the Agreement in question appears in full in the title and Article of the regulation, it is advisable either to paraphrase it in the recitals or, if there is no ambiguity, to use wording such as "the Agreement referred to in this Regulation".

16 5 Article The Agreement (between the European Community and ) is hereby approved on behalf of the (European) Community. 2 The text of the Agreement is attached to this Regulation. [Article The Agreement (between the European Community and ) and the Protocols, declarations and annexed thereto [, together with the declarations ( ) attached to the Final Act,] 3 are hereby approved on behalf of the (European) Community. 2 The texts of the acts referred to in the first subparagraph are attached to this Regulation.] [Article The President of the Council shall, on behalf of the Community, give the notification provided for in Article of the Agreement.] 4 [Article The President of the Council shall, on behalf of the Community, deposit the acts provided for in Article of the Agreement.] 4 [Article The President of the Council shall take necessary measures for the exchange of the acts provided for in Article of the Agreement.] The title of the Agreement should be quoted in full here. If "European Community" already appears in the title, "Community" suffices here. In addition to the Agreement, acts that do not form an integral part of the Agreement should be indicated. The following footnote will appear in the Official Journal: "The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.".

17 6 [Article The Commission, assisted by the representatives of the Member States, shall represent the Community within (the Joint Commission) (the Joint Committee) (the Committee) set up pursuant to Article of the Agreement. This Regulation shall enter into force on Article [This Regulation shall enter into force on the ( ) day (following that of /of) its publication in the Official Journal of the European Union.] This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at For the Council The President [ ] On entry into force, see page 93.

18 One-stage procedure COUNCIL REGULATION 2 (EC) No /2008 of concerning (relating to) the conclusion of the Agreement [between the European Community and ] 3 [and laying down provisions for its application] THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article (33) (8) (308) (30) ( ), in conjunction with the first subparagraph of Article 300(2), (and the.. subparagraph of Article 300(3),) thereof, 4 Having regard to the proposal from the Commission, [Having regard to the Opinion of the European Parliament,] 5 [Having regard to the assent of the European Parliament,] 6 Whereas: (). (2). ( ), [( ) The Agreement should be approved,] [It is appropriate that the Agreement be approved,] 7 HAS ADOPTED THIS REGULATION: Article 8 The Agreement (between the European Community and ) 3 is hereby approved on behalf of the (European) Community. 9 The text of the Agreement is attached to this Regulation. i.e. without any decision before signature. 2 The fact that the instrument takes the form of a regulation is exceptional; international agreements are normally concluded by a "sui generis" decision (see pages 6 and 7). 3 The title of the Agreement should be quoted in full here. Where appropriate, the expression "conclusion" is replaced by "acceptance" or "accession", etc. 4 In addition to paragraph 2, the following should be cited: the first subparagraph of Article 300(3) where there is consultation with the European Parliament (including agreements based on Article 33 in the case of optional consultation) or the second subparagraph of Article 300(3) in the case of an assent of the European Parliament. 5 Citation used for the conclusion of agreements referred to in the first subparagraph of Article 300(3). 6 Citation used for the conclusion of agreements referred to in the second subparagraph of Article 300(3). 7 For the question of the title of the Agreement in the recitals, see remarks in footnote 7 on page 4. 8 In addition to the Agreement, acts which do not form an integral part of the Agreement should be indicated. 9 If "European Community" already appears in the title, "Community" suffices here.

19 8 [Article The Agreement (between the European Community and ) and the Protocols, declarations and annexed thereto, (together with the declarations ( ) attached to the Final Act,) 2 are hereby approved on behalf of the (European) Community. 3 The texts of the acts referred to in the first subparagraph are attached to this Regulation.] Article The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community. 4 This Regulation shall enter into force on Article [This Regulation shall enter into force on the ( ) day (following that of/of) its publication in the Official Journal of the European Union.] 5 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at For the Council The President [ ] The title of the Agreement should be quoted in full here. In addition to the Agreement, acts which do not form an integral part of the Agreement should be indicated. If "European Community" already appears in the title, "Community" suffices here. The following note will appear as a footnote in the Official Journal when the text of an Agreement for whose application these data are important does not contain specific details on the entry into force or the period of application: "The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council." On entry into force, see page 93.

20 9.3. Financial regulations COUNCIL REGULATION ( ) No /2008 of on the financial regulation applicable to the general budget of the European Communities THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 279 thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 83 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament, Having regard to the opinion of the Court of Auditors, Whereas: (). (2). ( ), HAS ADOPTED THIS REGULATION: Article This Regulation shall enter into force on Article [This Regulation shall enter into force on the ( ) day (following that of/of) its publication in the Official Journal of the European Union.] [It 2 shall apply from ] This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at For the Council The President [ ] For entry into force and applicability, see page If this phrase is used, it is not necessary to start with "This Regulation "

21 0 2. DECISIONS WITHIN THE MEANING OF ARTICLE 249 OF THE EC TREATY AND ARTICLE 6 OF THE EURATOM TREATY COUNCIL DECISION of THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty, [and in particular Article(s) thereof,] [Having regard to,] 2 [Having regard to the proposal from the Commission,] [Having regard to the draft decision submitted by the Commission,] 3 [Having regard to the Opinion of the European Parliament,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [Having regard to the opinion of the European Central Bank,] [Having regard to the opinion of the Standing Committee on Employment,] [Acting in accordance with the procedure laid down in Article 252 of the Treaty,] 4 Whereas: (). (2). ( ), HAS ADOPTED THIS DECISION: For examples of this type of decision, see (b) on page For citations, see remarks on page See remarks in footnote 2 on page 2. 4 So-called "cooperation" procedure. For footnote, see point 3.4 on page 8.

22 Article Article This Decision shall apply [from ] [until ] [from to ]. This Decision is addressed to the Member States. [This Decision is addressed to ] Article [This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.] Done at, For the Council The President [ ] See, mutatis mutandis, footnote 4 on page 3.

23 2 3. SUI GERIS DECISIONS 3.. Decisions (general) 2 COUNCIL DECISION of THE COUNCIL OF THE EUROPEAN UNION, [Having regard to the Treaty,] [and in particular Article(s) thereof,] [Having regard to the Staff Regulations,] 3 [Having regard to,] 4 [Having regard to the proposal from the Commission,] [Having regard to the draft decision submitted by the Commission,] 5 [Having regard to the recommendation from the Commission,] [Having regard to the recommendation from the European Central Bank,] [Having regard to the report from the Commission,] [Having regard to the Opinion of the European Parliament,] [Having regard to the opinion of the Commission,] [Having regard to the opinion of the Court of Justice,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [Having regard to the opinion of the European Central Bank,] [Acting in accordance with the procedure laid down in Article 252 of the Treaty,] Certain sui generis decisions are entirely free as to form and are simply entered in the Council minutes (see examples on page 54, page 56, point 2.2., and page 57, point 2.3.2). They are often termed "Conclusions". For examples of this type of decision, see page 70. For the wording of this citation, see page 9 (first citation). For citations, see remarks on page 80. See, mutatis mutandis, remarks in footnote 2 on page 2. So-called "cooperation" procedure. For the footnote, see point 3.4 on page 8.

24 3 Whereas: (). (2). ( ), HAS DECIDED AS FOLLOWS: Article (Sole Article) [Article This Decision shall take effect (enter into force) on the day of its publication in the Official Journal of the European Union.) It shall apply (from ) 2 (until ) (from to ] [Article. This Decision shall be published in the Official Journal of the European Union.] Done at For the Council The President [ ] 2 The normal wording is "take effect". "Enter into force" is used, by way of exception, in Council decisions taken with regard to the Member States concerned under the ACP-EC Partnership Agreement. This wording is used when the date of application differs from that of entry into force (retroactive or postponed application).

25 Decisions concerning the signing and provisional application of international agreements COUNCIL DECISION of on the signing [, on behalf of the (European) 2 Community,] [and provisional application] 3 of the Agreement [between the European Community (the European Communities) and ] 4 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article (Articles (95 and 33) (70) ( ) (, in conjunction with the first subparagraph of Article 300(2) thereof), Having regard to the proposal from the Commission, Whereas: (). (2). ( ), [( ) The Agreement should be signed 5 ] [and the attached declaration on be approved], 6 [(Certain provisions of) the Agreement should be applied on a provisional basis, pending the completion of the procedures for its formal conclusion,] HAS DECIDED AS FOLLOWS: Article 6 The signing of the Agreement (between the European Community (the European Communities) and ) 4 is hereby approved on behalf of the (European) 2 Community, subject to its conclusion. [The text of the Agreement is attached to this Decision.] [Article The Declaration attached to this Decision shall be approved on behalf of the (European) 2 Community.] [Article The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the (European) 2 Community subject to its conclusion.] In what follows, the usual form is reproduced. For a more exceptional form, see point on page Where the title of the Agreement already comprises the expression "European Community", "Community" suffices here. The full name is, however, necessary if the "European Communities" (or either of these Communities) are mentioned as contracting parties to the Agreement. 3 Provisional application may also be the subject of a decision by itself. 4 The title of the Agreement should be quoted in full here. 5 On the question of the title of the Agreement in the recitals, see remarks in footnote 7 on page 4. 6 In addition to the Agreement, acts that do not form an integral part of the Agreement should be indicated.

26 5 [Article Subject to reciprocity, the Agreement shall be applied on a provisional basis (as from /the signature thereof), pending the completion of the procedures for its formal conclusion.] [Article The Community shall notify (the Secretary-General of the United Nations) of its intention to apply the Agreement provisionally, in accordance with Article thereof. or The President of the Council shall deposit a declaration of provisional application as provided for in Article of the Agreement with (the Secretary-General of the United Nations) on behalf of the European Community.] Done at For the Council The President [ ] If no date is given or if the article refers to an event the date of which is as yet unknown, the following footnote will appear in the Official Journal: "The date from which the Agreement will be provisionally applied (or, e.g., "The date of signature of the Agreement") will be published in the Official Journal of the European Union by the General Secretariat of the Council."

27 Decisions concerning the conclusion of international agreements Two-stage procedure COUNCIL [AND COMMISSION] DECISION of on (concerning) (relating to) the conclusion of the Agreement [between the European Community and ] [between the European Communities and their Member States, of the one part, and., of the other part,].. 2 THE COUNCIL OF THE EUROPEAN UNION, [AND THE COMMISSION OF THE EUROPEAN COMMUNITIES] 3 HAS (HAVE) DECIDED AS FOLLOWS: Article Done at [For the Council For the Commission For the Council The President The President] The President [ ] [ ] [ ] 2 3 The first stage being the decision to sign the Agreement within the meaning of the first subparagraph of Article 300(2) of the EC Treaty (see pages 4 and 5). The title of the Agreement should be quoted in full here. Where appropriate, the expression "conclusion" is replaced by "acceptance" or "accession", etc. This form of joint decision is used, for example, for the approval of an agreement containing provisions relating to the EC and to Euratom.

28 One-stage procedure COUNCIL DECISION of on (concerning) (relating to) the conclusion of the Agreement [between the European Community and ] 2 THE COUNCIL OF THE EUROPEAN UNION, HAS DECIDED AS FOLLOWS: Article 3. Done at For the Council The President [ ] 2 3 i.e. without any prior decision for signature. The title of the Agreement should be quoted in full here. Where appropriate, the expression "conclusion" is replaced by "acceptance" or "accession", etc. For the text of the preamble and the enacting provision of these Decisions, see pages 7 and 8 respectively.

29 Decisions approving the conclusion of international agreements by the Commission COUNCIL DECISION of approving the conclusion, by the Commission, of the Agreement between the European Atomic Energy Community and [concerning] [and the Exchange of Letters relating thereto] THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 0 thereof, [Having regard to the draft decision submitted by the Commission,] Whereas: (). (2). ( ), [( ) The conclusion, by the Commission, of the Agreement should be approved,] HAS DECIDED AS FOLLOWS: Sole Article The conclusion by the Commission of the Agreement between the European Atomic Energy Community and [concerning] [and the Exchange of Letters relating thereto] is [are] hereby approved. The text of the Agreement is attached [The texts of the Agreement and the Exchange of Letters are attached] to this Decision. 2 Done at For the Council The President [ ] 2 See, mutatis mutandis, comment in footnote 2 on page 2. The text of the Agreement will bear the following wording at the place of signature: "For the European Atomic Energy Community represented by the Commission of the European Communities"; "For the Government of ".

30 Decisions adopting general implementing provisions (concerning officials and other servants) THE COUNCIL OF THE EUROPEAN UNION, COUNCIL DECISION of adopting general implementing provisions Having regard to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the Communities, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68*, and in particular Article(s) of the Staff Regulations [and Article(s) of Annex to the Staff Regulations] and Article(s) of the Conditions of employment, Having regard to the opinion of the Staff Committee, Having regard to the opinion of the Staff Regulations Committee, Whereas: (). (2). ( ), HAS DECIDED AS FOLLOWS: Article Article This Decision shall take effect on (the day following its adoption). It shall apply from Done at * OJ L 56, , p.. ** OJ L For the Council The President [ ] For the order of the abbreviations EC and Euratom, see point. on page 9.

31 20 4. DIRECTIVES THE COUNCIL OF THE EUROPEAN UNION, COUNCIL DIRECTIVE 2008/ / of [Having regard to the Treaty,] [and in particular Article(s) thereof,] [Having regard to,] [Having regard to the proposal from the Commission,] [Having regard to the draft directive submitted by the Commission,] [Having regard to the Opinion of the European Parliament,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] [Having regard to the opinion of the European Central Bank,] [Acting in accordance with the procedure laid down in Article 252 of the Treaty,] 2 Whereas: (). (2). ( ), HAS ADOPTED THIS DIRECTIVE: [Article This Directive applies to (concerns) (The purpose of this Directive is to ).] 2 See remarks in footnote 2 on page 2. So-called "cooperation" procedure. For footnote, see point 3.4 on page 8.

32 2 Article. Member States shall bring into force the laws, regulations and administrative provisions necessary (take the necessary measures) to comply with this Directive before (with effect from ) [within a period of from the date of its entry into force (adoption) (notification)] 2. They shall forthwith inform the Commission thereof. When they are adopted by Member States, those measures * shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the (main) provisions of national law which they adopt in the field covered by this Directive. (The Commission shall inform the other Member States thereof.) [Article. Before Member States shall (, after consulting the Commission,) adopt and publish the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions from (at the latest). When these provisions are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. As soon as this Directive has entered into force, Member States shall ensure that the Commission is informed, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.] [Article Member States shall adopt and publish, not later than, the laws, regulations and administrative provisions necessary to comply with this Directive before. They shall forthwith inform the Commission thereof. When they are adopted by Member States, these measures * shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.] 2 * The date to be indicated is that of the start of the new arrangements (e.g. " January 2002" and not "3 December 200"). See point 3. on page 94. Care should be taken to ensure that "measures" appears here. Were "provisions" (the usual translation of the French "dispositions") to be used, this would cover only the "administrative provisions" referred to in the preceding subparagraph, whereas all three, "laws, regulations and administrative provisions" are meant.

33 22 [Article Member States shall communicate to the Commission their laws, regulations and administrative provisions with regard to the application of this Directive.] [Article Member States shall immediately inform the Commission of measures taken pursuant to this Directive.] This Directive shall enter into force on ] [Article 2 [This Directive shall enter into force on the ( ) day (following/of) its publication in the Official Journal of the European Union.] 3 [It shall apply from (until ) (from to )] [It shall expire on ] [Article This Directive shall apply (from ) (until ) (from to )] This Directive is addressed to the Member States. (This Directive is addressed to ) Article [This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.] 4 Done at For the Council The President [ ] This wording is used when the directive makes provision simply for the right to take measures. 2 This article is used for directives addressed to all Member States. Since the entry into force of the Treaty on European Union, such directives no longer have to be notified to the Member States, but have to be published in the Official Journal of the European Union. They enter into force in accordance with the same rules as regulations (see Article 254(2) of the EC Treaty). For directives addressed to individual Member States or those falling within the Euratom Treaty, the notification procedure must always be applied (see Article 254(3) of the EC Treaty and Article 63, second subparagraph, of the Euratom Treaty). 3 Since directives are usually not of immediate effect, the date of entry into force serves in the first instance to calculate the periods of time for implementation. It would seem reasonable therefore, with a view to facilitating this calculation, for the entry into force to be the same date as that of publication (rather than a later date). See also point 3.3 and footnote on page See mutatis mutandis, footnote 4 on page 3.

34 23 5. RULES (concerning officials and other servants) COUNCIL DECISION of relating to (adopting/amending the rules relating to) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the opinion of the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the Communities laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68*, as last amended by Regulation (EC, Euratom) No /.. **, and in particular Article(s) of the Staff Regulations [and Article(s) of Annex to the Staff Regulations] and Article(s) of the Conditions of Employment, 2 Having regard to the opinion of the Staff Regulations Committee, Having regard to, Whereas: (). (2). ( ), HAS ADOPTED THESE RULES: Article Article These rules shall enter into force on the first day of the month following that in which the common agreement of the Institutions as provided by. is recorded by the President of the Court of Justice of the European Communities. [It shall apply from ] Done at, * OJ L 56, , p.. ** OJ L For the Council The President [ ] These rules are adopted using the same terms by all the institutions and are considered as being common thereto. 2 For the order of the abbreviations EC and Euratom, see point. on page 9.

35 24 6. RECOMMDATIONS 6.. Recommendations in simple form COUNCIL RECOMMDATION of THE COUNCIL OF THE EUROPEAN UNION, [Approving,] [Noting that,] [Desirous of,] HEREBY RECOMMDS Member States: [() to, (2) to.] [HEREBY RECOMMDS: () that Member States, (2) that Member States.] [HEREBY INVITES the Commission to.] Done at, For the Council The President [ ] The form of recommendations may vary. However, recommendations always have the closing formula ("Done at ") and the signature of the President.

36 Recommendations in more elaborate form COUNCIL RECOMMDATION of THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, [and in particular Article thereof,] [Having regard to the Treaties establishing the European Communities,] [Having regard to the proposal from the Commission,] [Having regard to the draft recommendation submitted by the Commission,] [Having regard to the Opinion of the European Parliament,] [Having regard to the opinion of the European Economic and Social Committee,] [Approving,] [Noting that,] [Desirous of,] [Whereas: (). (2). ( ),] HEREBY RECOMMDS Done at For the Council The President [ ]

37 26 7. RESOLUTIONS 2 THE COUNCIL OF THE EUROPEAN UNION, [Having regard to the Treaty,] COUNCIL RESOLUTION of [Having regard to the draft resolution submitted by the Commission,] [Having regard to the Opinion of the European Parliament,] [Having regard to the opinion of the European Economic and Social Committee,] [Anxious to,] [Noting that,] [Aware,] [Desirous of,] [Having noted,] [Convinced that,] [Considering that,] [Whereas,] [HEREBY ADOPTS THIS RESOLUTION:] [HEREBY AGREES to ] [HAS AGREED AS FOLLOWS:] [INVITES ] [NOTES ] [ ] 2 The form of resolution may vary. Some resolutions have a more formal structure than others, containing citations, recitals and enacting terms introduced by the phrase "HEREBY ADOPTS THIS RESOLUTION" and sometimes being divided into points (I, II, etc. or A, B, etc., these numerals or letters usually appearing above the corresponding text or, 2, etc., these figures appearing on the left of the corresponding text, as for numbered paragraphs) or into articles. Resolutions contain no closing formula and are not signed. In resolutions, "will" is used rather than "shall".

38 27 8. CONCLUSIONS COUNCIL CONCLUSIONS of THE COUNCIL OF THE EUROPEAN UNION, [Having regard to the Treaty establishing the European Community,] [Whereas,] [() APPROVES ; (2) CONSIDERS ; (3) EMPHASISES the interest in ; (4) RECORDS ; (5) NOTES ; (6) INVITES ] The form of conclusions may vary. Conclusions contain no closing formula and are not signed.

39 28 9. STATEMTS AND DECLARATIONS 9.. Statements in simple form STATEMTS [to be entered in the minutes of the Council meeting on ]. Statement by the Council [the Commission] [the delegation] [ ] re Article 2. [Re Article ] [The delegations state ] " " [With reference to Regulation, the Governments state that ] [The Council invites the Commission to ] [The Commission states that it is prepared to ] [The Council and the Commission state that (the wording of Article is to be understood as meaning that) ] [The Council considers that the main aims of this review should be ] [The Council requests the Commission to ] [The Council and the Commission recall the provisions applicable ] In general, when an entry by the Council or Commission appears in the Council minutes, "Statement" and its verbal forms are used in English. "Declaration" and its verbal forms tend to be used for delegations, governments, Member States, third countries, etc. The titles of declarations may vary as follows: Declaration, Joint declaration, Declaration of intent, Declaration of principle, etc., The form of declarations may also vary.

40 Declarations in more elaborate form COUNCIL DECLARATION of THE COUNCIL OF THE EUROPEAN UNION, [Noting that,] [Considering that,] [Anxious to,] [Having regard to the resolution of the European Parliament on,] [Having regard to the judgment of the Court of Justice of,] [NOTES THAT,] [INVITES ]

41 II. ACTS COMMON TO THE EUROPEAN PARLIAMT AND THE COUNCIL 30. REGULATIONS REGULATION (EC) No /2008 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of THE EUROPEAN PARLIAMT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, [and in particular Article(s) thereof,] [Having regard to,] Having regard to the proposal from the Commission, [submitted following consultation with (following consultations within) the Advisory Committee, set up (provided for) by (that Regulation),] [Having regard to the opinion of the Court of Justice,] [Having regard to the opinion of the Court of Auditors,] [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] Acting in accordance with the procedure laid down in Article 25 of the Treaty [in the light of the joint text approved by the Conciliation Committee on,] 2 Whereas: (). (2). ( ), HAVE ADOPTED THIS REGULATION: 2 Acts adopted according to the so-called "codecision" procedure introduced by the Treaty on European Union. For footnote, see point 3.4 on page 8.

42 3 Article This Regulation shall enter into force on Article [This Regulation shall enter into force on the ( ) day (following that of/of) its publication in the Official Journal of the European Union.] 2 It shall apply (from ) (until ) (from to ). [It shall expire on ] This Regulation shall be binding in its entirety and directly applicable in all Member States. 3 [This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community] 4 Done at, For the European Parliament The President For the Council The President [ ] [ ] 2 3 On entry into force and applicability, see page 93. See page 3, footnote 2. See page 3, footnote 3. 4 See page 3, footnote 4.

43 2. DECISIONS WITHIN THE MEANING OF ARTICLE 249 OF THE EC TREATY 32 DECISION No /2008/EC OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of THE EUROPEAN PARLIAMT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, [and in particular Article(s) thereof,] [Having regard to the,] Having regard to the proposal from the Commission, [Having regard to the opinion of the European Economic and Social Committee,] [Having regard to the opinion of the Committee of the Regions,] Acting in accordance with the procedure laid down in Article 25 of the Treaty [in the light of the joint text approved by the Conciliation Committee on,] 2 Whereas: (). (2). ( ), HAVE ADOPTED THIS DECISION: Article This Decision shall enter into force on ] 3 [Article [This Decision shall enter into force on the ( ) day (following that of/of) its publication in the Official Journal of the European Union.] 3 [It shall apply (from ) (until ) (from to ).] [It shall expire on ] This Decision is addressed to the Member States. [This Decision is addressed to ]. Done at Article For the European Parliament The President [ ] For the Council The President [ ] 2 3 For citations, see remarks on page 80. For footnote, see point 3.4 on page 8. See Article 254() of the EC Treaty.