V. Decision-making in Brussels The negotiation and decision phase: ordinary legislative procedure, Working Groups etc. Slangerup/Copenhagen on 5 th to 8 th May 2015 The European Statistical System - active participation in ESS meetings Eurosta
Decision-making in Brussels: 2 co-decision, working groups etc. 1.Preparation phase 2. Neg.and decision phase 3.Implementation phase Structure of the presentation: 1) Actors involved 2) Processes/procedures connecting the actors 3) Practicalities and logistics 2
Actors involved 1 European Parliament Plenary sessions 20 Committees Rapporteurs Committee of the permanent representatives (COREPER I & II) ESC, ECB etc. A number of high-level committees (CSA, EFC,PSC ect.) Working Groups (147) General Affairs - Statistics Commission proposal 3
i) The European Commission: 2 i) The European Commission: Composition Organisation 28 Commissioners Jean-Claude Juncker including the High Representative (Federica Mogherini) about 25,000 officials 24 Directorates-General Horizontal (SG, OPOCE, ADMIN, Eurostat, etc.) Sectoral (ECFIN, EMPL, AGRI, etc.) 14 Services Legal Service, Translation Service, OLAF etc. Powers Right of initiative prepares legislative proposals Manage and implements EU policies and budget Power of execution - issues provisions in accordance with the of Ministers and the EP (delegated acts and Comitology) Keeper of the Treaty and monitoring of compliance with Community legislation Represent the EU in international negotiations 4
i) The European Commission: 3 The role of the Commission in the legislative process: Puts forward proposals for new acts - initiative Acts as defender and mediator with respect to the proposal put forward Stays in contact with the EP/Rapporteur Stays in contact with the Presidency on proposed acts and facilitate their adoption Modifies or withdraws its proposal if considered necessary 5
ii) The of the EU: 4 Composition Organisation 28 Ministers (depending on topic/9 formations) committees and about 150 WGs about 3,200 officials Powers Rotating presidency except for General Affairs (the High Representative, Federica Mogherini) Coreper II & I (Antici group/mertens Group) General Secretariat Mainly qualified majority voting Highest decisive institution - represents the Member States governments in various Formations Delegates rights of decision to the Commission Co-ordinates economic policies of the MS Conclude international agreements (other States or international organizations) guarantor of consistency in external actions Responsible for intergovernmental agreements within the Community framework (e.g. CFSP, asylum, terrorism, drugs etc.) Approves EU s budget, jointly with the EP 6
ii) The of the EU: 25 7 The role of the the Presidency - in the legislative process: prioritizes among proposals put forward by the Commission organizes the work in the in cooperation with the Secretariat leads the negotiation process acts as broker represents the vis-à-vis other EU institutions, other international organisations, third countries and the media Presidencies: 2002/1 Spain 2002/2 Denmark 2003/1 Greece 2003/2 Italy 2004/1 Ireland 2004/2 Netherlands 2005/1 Luxembourg 2005/2 UK 2006/1 Austria 2006/2 Finland 2007/1 Germany 2007/2 Portugal 2008/1 Slovenia 2008/2 France 2009/1 Czech Republic 2009/2 Sweden 2010/1 Spain 2010/2 Belgium 2011/1 Hungary 2011/2 Poland 2012/1 Denmark 2012/2 Cyprus 2013/1 Ireland 2013/2 Lithuania 2014/1 Greece 2014/2 Italy 2015/1 Latvia 2015/2 Luxembourg 7
ii) The of the EU: 6 8 The role of the Secretariat - in the legislative process: helps to organize WG meetings (including interpreting and translation) advises the Presidency on organizational, procedural and legal matters acts as WG secretariat provides the minutes The role of the Working Groups - in the legislative process: The Working Group structure was reorganized and come into force on 1 July 2003 now one statistical WG: General Affairs Statistics Negotiates the proposal put forward by the Commission through one or two readings Proposes amendments for the file in play (reservations) Discusses amendments proposed by the EP With few exceptions reach political agreement on statistical proposals put forward by the Commission (unanimity is sought) 8
ii) The of the EU: 7 - The role of the COREPER - in the legislative process: Composed by Member State Ambassadors Prepares meetings Co-ordinates work at WG level Endorses political agreement reached at WG level (I-items vs. II-items) Breaks the impasse of contentious matter Structure: Coreper II - Ambassadors of MS - preparatory body - Antici Group Coreper I - Deputy Ambassadors - preparatory body - Mertens Group - The role of the in the legislative process: Final formal decision on acts common position. All opinions and decisions are officially made at the level. In practice, it really discusses only important political issues (A-items vs. B-items). I case of an A-item, official decisions can be made in any formation 9
iii) The European Parliament: 8 10 Composition President 751 MEPs from June 2014 about 6,500 officials Organisation 7 Political Groups 20 Standing Committees General Secretariat Powers Constitutes, together with the of Ministers, the legislative authority different procedures Democratic legitimacy and control - questions to the of Ministers and Commission, examining reports, setting up temp. committees of inquiry etc. Assents to the appointment of the Commission s Chairman and the Commission Budgetary control preceding and subsequent ( granting a discharge ) control Providing political input (e.g. at the European meetings) 10
iii) The European Parliament: 9 The role of the Parliament Committee - in the legislative process: A Parliamentary Committee is selected by the Secretariat General to deal with the Commission proposal The Committee selects from its midst a Rapporteur who draws up a draft opinion of the Committee The report from the Rapporteur is discussed in the Committee concerned and submitted to a plenary session The role of the Parliament Rapporteur - in the legislative process: The Rapporteur drafts an opinion on behalf of the Committee and proposes desired amendments of the proposal The Rapporteur stays in contact with the Presidency and the Commission - The role of the Parliament Plenary session - in the legislative process: Votes on EP report from the Committee/Rapporteur at a monthly plenary session 11
Processes/procedures connecting the actors 1 12 European European Parliament Plenary sessions 20 Committees Adoption at a plenary session (vote) Rapporteurs Adoption by the Committee in charge (vote) ESC, ECB etc. The Rapporteur draws up a report on behalf of the Committee Debate in Committee (proposal of amendments) Discussion in responsible Committee. Nomination of Rapporteur Report Committee of the permanent representatives (COREPER I & II) Working Group General Affairs - Statistics Commission proposal 12
Scope for possible EP influence ii Influence/EP decisionmaking phase Influence Consolidation of WG position Time 13
Processes/procedures connecting the actors Commission 1st 2 Acceptance of all amendments the act is adopted Proposal European Parliament Report including amendments Common position r e a d i n g acceptance/passivity the act is adopted Acceptance of all amendments the act is adopted European Parliament Amendment by absolute majority Rejection of amendments Rejection by absolute majority 2nd r e a d i n g Agreement The and the EP, by qualified and absolute majority, adopt the act Conciliation Committee /EP No agreement 3rd r e a d i n g 14
Processes/procedures connecting the actors 2 Ordinary legislative procedure: first reading phase Yes approves all EP amendments (Unanimity) ACT ADOPTED Commission does not modify proposal No does not approve all EP amendments or proposes new amendments Yes adopts common position (unanimity) Commission Proposal EP proposes Amendments (Simple Majority) EP (First Reading) Commission modifies proposal accepting some EP amendments Commission modifies proposal accepting all EP amendments Yes No approves modified proposa l (qualified majority) does not approve modified proposal or proposes new amendments ACT ADOPTED Commission does not modify proposal No Yes ACT REJECTED adopts common position (qualified majority) Yes approves proposal (qualified majority) ACT ADOPTED Commission modifies proposal in accordance with draft common position No ACT REJECTED EP does not propose Amendments No does not approve proposal or proposes new amendments NO DEADLINE NO DEADLINE 15
Processes/procedures connecting the actors 3 Ordinary legislative procedure: second reading phase EP approves common position (simple majority) ACT ADOPTED Yes approves modified proposal (qualified majority) ACT ADOPTED Yes EP takes no decision ACT ADOPTED Commission positive opinion modifies proposal accepting all EP amendments No does not approve modified proposal Conciliation Committee convened (members of + equal numbers of representatives of EP) COUNCIL COMMON POSITION EP (Second Reading) EP rejects common position (absolute majority) ACT REJECTED No does not approve Common position and all EP amendments Commission communication on common position No EP proposes amendments (absolute majority) (Second Reading) Commission Commission negative opinion on some oral amendments Yes approves Common position and all EP amendments (Unanimity) ACT ADOPTED 3 MONTHS (+ 1 MONTH EXTENSION) 3 MONTHS (+ 1 MONTH EXTENSION) 16
Processes/procedures connecting the actors 4 Ordinary legislative procedure: conciliation phase Yes (qualified majority) + EP (absolute majority) approve Joint text ACT ADOPTED Yes Conciliation Committee approves Joint Text (qualified majority of members ; absolute majority of EP members) EP Conciliation Committee convened (members of + equal numbers of representatives of EP) No Either or both and EP does/ do not approve Joint text ACT REJECTED No Conciliation Committee doe s not approve Joint text ACT REJECTED Commission input to reconcile 6 WEEKS (+ 2 WEEKS EXTENSION) 6 WEEKS (+ 2 WEEKS EXTENSION) 17
Experiences from the use of co-decision (ordinary legislative procedure) 5 1994-1999 (on average) Number of co-decision files Finalized at 1st reading Finalized at 2nd reading Finalized at 3rd reading (conciliation) 30-18 (60%) 12 (40%) 1999-2000 65 13 (20%) 35 (54%) 17 (26%) 2000-2001 66 19 (29%) 27 (41%) 20 (30%) 2001-2002 73 19 (26%) 37 (51%) 17 (23%) 2002-2003 87 23 (27%) 49 (56%) 15 (17%) 2003-2004 105 41 (39%) 48 (46%) 16 (15%) 18
The percentages of files adopted in the respective stages of the ordinary legislative procedure 6 80 70 60 50 Pct. 72% 1999-2004 2004-2009 40 33% 30 20 22% 25% 15% 21% 10 8% 5% 0 1st reading Early 2nd reading 2nd reading Conciliation 19
The voting system according to the Lisbon Treaty - entering into force 1 November 2014 Qualified majority becomes a principal rule (80 pct.) A qualified majority presuppose: that 55 % of the Member States cast their vote in favour (currently 16 out of 28 EU Member States) + that the population of these countries account for more than 65% of the total EU population (i.e. about 330 mill. citizens out of about 508 mill. inhabitants) Blocking minority: must comprise at least four Member States and a minimum of 35% of the total EU population Simple majority: must comprise more then 50% of the Member States (i.e. min. 15 EU Member States) In the period 1 November 2014-31 March 2017 one Member State may request the voting procedure of the Nice Treaty to be applied 2 20
The weighting of votes in the 3 90 80 70 Votes Inhabitants (mill.) 60 50 40 30 29 29 29 29 27 27 20 10 14 13 12 12 12 12 12 10 10 10 7 7 7 7 7 7 4 4 4 4 4 3 0 21
The voting system according to the Nice Treaty 4 At the request of one Member State - in the period 1 November 2014-31 March 2017 the voting procedure of the Nice Treaty might be applied: Unanimity - 352 out of 352 votes Simple majority - 177 out of 352 votes Qualified majority - 260 (73.9%) out of 352 votes + 15 MS and more than 62% of EU total population Blocking minority - 93 out of 352 votes Qualified majority threshold: EU-6 EU-9 EU-10 EU-12 EU-15 EU-25 EU-27 EU-28 QMV 12/17 41/58 45/63 54/76 62/87 232/321 255 260 QMV as % of total votes QMV as % of population 70.6 70.7 71.4 71.1 71.3 72.2 73,9 73,9 67.7 70.5 70.2 63.4 58.2 >62.0 >62.0 >62,0 22
Practicalities and logistics 1 i) Physical conditions (logistics): Justus Lipsius, security, entrance cards Conference room Microphone system Location of the delegations Documents for the meeting 23
The conference room 2.a Meeting documents LV Chair Assist. Presidency Counc. Secr./ Legal Service IT LU EL NL LT interpretation SK MT UK EE BG AT RO FI DE PT SI IE CY HR DK PL HU BE ES SE CZ FR (ECB) / Commission / Legal Service interpretation Entrance 24
The conference room 2.b 25
Practicalities and logistics 1 ii) Language and interpretation: EU s linguistic regime from 11 to 24 official languages due to enlargement Member State linguistic policy? Interpreters are booked via the Ministry of Foreign Affairs. Interpretation will be provided in UK, FR and DE on request translation into other languages can be provided but expenses must be covered by MS. Location of the interpreter/relay interpretation Shall I speak in English? Speak slowly, take the time needed, repeat (pay regard to the interpreter) If you are speaking your own mother tongue: do not make use of special national terms, give technical terms in English 26
Language and interpretation 2 Documents: documents are prepared in all official languages In the Working Group the working documents are practically in English Before a legal act is adopted, a jurist-linguist meeting takes place about 6 weeks before the Coreper meeting it agrees on the text in all official languages. The does not adopt legal acts before they are finalized in all languages. 27
Check list for delegates: a) Check list of errors 1 Inadequate preparation unclear overview of the scope and content of the documents Insufficient knowledge about EU procedures and processes Primarily focus at the official decision-making process Staring out too late when the train already has left - and agreement on the agenda/solution has already been reached Unclear overview of the national position Unclear overview of the position of Bottom Line The interests of other stakeholders are unknown (MS s, Presidency, Commission etc.) The plans and intentions of the Chairman/Commission are unknown No assessment of the timing of the planned intervention The mandate is disclosed: no Bargaining Fat The intervention is too short/long and unclear Adopt a entirely critical approach - become part of or the problem Leaving out of consideration a wider European view in your argumentation e.g. an entirely national approach The minutes are not checked No overview of the further procedure 28
Check list for delegates: b) The 10 Commandments of the delegates 2 Begin your preparations in good time for the meeting Study the rules of the game (legal basis, rules of procedure of the ) and check the documents before the meeting Make sure to network before and during the meeting Make sure that you understand the instructions and that your message is brief, clear and exact Consider when to take the floor and aim at becoming part of the solution rather than part of the problem Pay attention to the introduction and conclusion by the Chairman Concentrate on summing up the positions of the other Member States Observe any change in position of the Commission, Chairman or other Member States Make sure that the national position is properly understood and is reflected in the minutes from the meeting Pay attention to the further procedures 29