european lobbying guide. a guide on whom and how to lobby

A SPECIALLY COMMISSIONED REPORT

EUROPEAN LOBBYING GUIDEA GUIDE ON WHOM AND HOW TO LOBBY

Bryan Cassidy

T H O R O G O O D

P R O F E S S I O N A L

I N S I G H T S

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Bryan Cassidy

EUROPEAN LOBBYING GUIDEA guide on whom and how to lobby

A Thorogood Report

Published by Thorogood

10-12 Rivington Street

London EC2A 3DU

t: 020 7749 4748

f: 020 7729 6110

e: [email protected]

w: www.thorogood.ws

© Bryan Cassidy 1999

All rights reserved. No part of this

publication may be reproduced, stored in

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or by any means, electronic, photocopying,

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any person acting or refraining from action as

a result of any material in this publication can

be accepted by the author or publisher.

A CIP catalogue record for this Report

is available from the British Library.

ISBN 1 85418 144 0

Printed in Great Britain by Printflow Limited.

Other ThorogoodReports:

Public AffairsTechniques forBusinessPeter Wynne-Davies

Practical Techniquesfor Effective LobbyingCharles Miller

Corporate CommunityInvestmentChris Genasi

Internal CommunicationsJames Farrant

New Media in CorporateCommunicationsMic Cady

Managing Reputationin CyberspaceDavid Phillips

Managing CorporateReputation Simon Scott

The author

Bryan Cassidy was a Member of the European Parliament for 15 years from 1984-

1999 specialising in economic, industry and monetary affairs. During that time,

as a recipient of too much ill thought out lobbying from the proliferating interest

and pressure groups in Brussels, he became an expert on the subject.

He a business advisor, lecturer and writer on the European Union.

Before his election to the European Parliament, he had a successful career in inter-

national business and he is a former member of the Council of Confederation of

British Industry (CBI).

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Contents

FOREWORD TO THE LOBBYING GUIDE 1Preface...........................................................................................................2

Further information.......................................................................................4

1EUROPEAN LOBBYING GUIDE 7

Lobbying – an introduction ...........................................................................8

What is lobbying? ..........................................................................................9

Interest groups and pressure groups...........................................................10

Governments as lobbyists............................................................................10

2 THE ‘INSTITUTIONS’ OF THE EUROPEAN UNION 11

European Union (EU) or European Community (EC)? ................................12

The European Council.................................................................................13

The Council .................................................................................................13

The European Commission .........................................................................23

3 THE EUROPEAN PARLIAMENT AND OTHER BODIES 29

The Single European Act .............................................................................30

The Maastricht Treaty..................................................................................31

The Treaty of Amsterdam ............................................................................31

The Co-decision Procedure .........................................................................33

Parliamentary Committees ..........................................................................33

Composition and profile .............................................................................34

The European Parliament and the Budget ...................................................36

Parliamentary Committees of Inquiry and committee public hearings ......37

4 41

The Economic and Social Committee .........................................................42

The Committee of the Regions ...................................................................44

The Court of Justice of the European Communities (ECJ) ..........................45

Other bodies................................................................................................46

The different kinds of European Community Law ......................................48

5HOW AND WHOM TO LOBBY 51

Getting a proposal approved ......................................................................52

Lobbying the Commission ..........................................................................53

Commissioners or their officials? ...............................................................53

Council involvement – UKREP ...................................................................53

Publication of draft directives ....................................................................54

THE DIFFERENT KINDS OF EUROPEANCOMMUNITY LAW

E U R O P E A N L O B B Y I N G G U I D E

The parliamentary stage .............................................................................54

Lobbying in the European Parliament ........................................................55

The Commission’s work programme .........................................................55

Rules to observe .........................................................................................56

1 ACRONYMS AND ABBREVIATIONS 59

2 THE TREATIES 67

3COUNCIL DECISION 71

Rules of Procedure of the Council ..............................................................73

Annex I ........................................................................................................87

Annex II .......................................................................................................88

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C O N T E N T S

4 93

Chapter 1: The Commission........................................................................94

Section I: Commission meetings .................................................................95

Section II: Other decision-making procedures............................................97

Section III: Preparation and implementation of Commission decisions .....98

Chapter 2: Commission departments........................................................100

Chapter 3: Deputising ...............................................................................101

Final provisions .........................................................................................102

5 103

6 107

COUNCIL DECISION 93/731/EC OF 20 DECEMBER 1993 ON PUBLICACCESS TO COUNCIL DOCUMENTSAMENDED 2 DECEMBER 1996

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NEW DIRECTORATES-GENERAL ANDTHEIR DIRECTORS-GENERAL (DGs)

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COMMISSION RULES OF PROCEDUREADOPTED ON 18 SEPTEMBER 1999

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7 THE EUROPEAN PARLIAMENT 113

i) European Parliament President and Vice Presidents

elected July 1999 to serve until December 2001 .................................114

ii) The Political Groups .............................................................................115

iii) British MEPs and how to contact them ................................................117

iv) British Members of Standing Parliamentary Committees .....................134

v) Powers and responsibilities of standing committees ...........................143

vi) Committee co-ordinators of the principle political groups..................160

8 161

Joint declaration on practical arrangements for

the new co-decision procedure.................................................................162

9 CURRENT BRITISH MEMBERS OF ECOSOC 167

10 171

United Kingdom of Great Britain and Northern Ireland ...........................172

COMMITTEE OF THEREGIONS (COR)

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EUROPEAN PARLIAMENT, COUNCIL,COMMISSION

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C O N T E N T S

11 179

Article 1: Passes .........................................................................................180

Article 2: Assistants....................................................................................180

Article 3: Code of conduct ........................................................................181

PROVISIONS GOVERNING THEAPPLICATION OF RULE 9(2) –LOBBYING IN PARLIAMENT

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Foreword to the Lobbying Guide

By Rt Hon Sir Leon Brittan QC, former Vice-President of the European Commission

A new commission has taken office and with greater use of ‘Co-decision’ between

the European Parliament and the Council (of Ministers) on European directives,

an authoritative and detailed guide on how to lobby in Brussels and Strasbourg

is now overdue. Bryan Cassidy, a long serving and prominent member of the

European Parliament from 1984-1999 has produced such a guide, which I warmly

welcome. He explains how the Council of Ministers operates.

The author makes clear the role of COREPER (the Committee of Permanent Repre-

sentatives) and he stresses the importance for business and other pressure groups

of working with the British civil servants who participate in the multifarious Council

working parties and Commission advisory and regulatory bodies.

As for the Parliament, he explains the important role of the ‘Co-ordinators’ of the

political groups and of the Rapporteur and Draughtsman in committee and the

influence that they can have in drafting amendments to Commission proposals

as they pass through the Parliament.

The important role of Britain’s Permanent Representation to the European Union,

commonly known as UKREP, is emphasised, particularly the part it plays in the

detailed negotiations and horse-trading which go on before the Council agrees to

a ‘common position’ and before the final stage of co-decision with the European

Parliament.

The very openness of the European ‘Institutions’ and the influence which they

can have on the shape of legislation make lobbying in Brussels more complicated

than is the case in London, which is why Thorogood is to be congratulated on

its initiative in bringing out this Report.

1

Preface

The new European Commission headed by Romano Prodi began its five year term

of office on 1 January 1999. It began with high hopes for reform and openness

in contrast to the discredited European Commission headed by Jacques Santer

which was forced by the European Parliament to step down in March 1999.

The 20 strong college of Commissioners is moving quickly to reform the admin-

istration too. The Vice-President, the Rt Hon Neil Kinnock has been charged with

responsibility for the reorganising of what is known as the ‘Commission

Services’ and the Directorates-General accompanied by a general post of most

of the department heads, the Directors-General. A welcome change is an end to

the French hegemony in the agricultural directorate-general and a new rule that

a Director-General should not, in general, be of the same nationality as the respon-

sible commissioner.

The new European Parliament (EP) which was elected in June of 1999 is expected

to show that it is not there just to do the Commission’s bidding and can be expected

to take a much tougher line with draft directives and with any commissioner who

is not up to the tasks entrusted to him or her. As an illustration, the European

Parliament secured from President Prodi during the approval hearings of the new

commission last year a five point ‘operating agreement’. The five points are:

1. All Commissioners must be available to EP committees, when requested,

to answer both questions on policy issues and on issues relating to the

administration and management of their Directorate-General, at least

once every two months.

2. The President of the Commission must act if the EP passes a resolution

expressing its loss of confidence in an individual Commissioner. This

process should include a public meeting with the relevant Parliamen-

tary Committee to be followed by a statement to the Plenary, resulting

in the resignation of the Commissioner concerned.

3. A code of conduct must be established in the field of information access

defining clearly only those documents which the Parliament would not

have an automatic right to see.

4. Codes of conduct for Commissioners and officials must be sent to Parlia-

ment for its views to be taken into account before application, as

recommended in the second ‘Wise Men’s Report’. Reflection must be

given, in particular, to the code of conduct for the nomination of high

level officials to ensure that it includes specific reference to merit and

the necessary managerial qualifications, as well as regular detailed infor-

mation to the Parliament on the vacant posts.


2

5. Parliament will study both the Wise Men’s Reports and the Screening

Report, submitting proposals to be included in the EU reform process.

(Note: the ‘Wise Men’ were commissioned by the European Parliament to inves-

tigate the accusations of favouritism, maladministration and fraud levelled at the

Santer commission.)

This guide explains how policies are formulated and directives drafted, a process

which is mysterious to most outside observers. The annexes include the rules

of procedure for the Commission and for the Council. (The Council’s workings

are not as well publicised as they should be.)

Politics depends upon personalities. The Commissioners themselves, their

‘Chefs de Cabinet’ (heads of their private offices) and the Directors-General are

responsible for drafting legislation, monitoring member states’ compliance with

directives and carrying out the policies agreed by the European Parliament and

the Council in the Co-decision Procedure initiated by the Treaty of Maastricht

and much extended by the Treaty of Amsterdam. It is this Co-decision Procedure

which makes the European Parliament a much more powerful influence on the

shape of European directives. It has, therefore, led to a huge increase in the amount

of lobbying to which MEPs are subject. There is a detailed description of the Co-

decision Procedure in this Report.

Knowing whom, how and when to make an approach to officialdom in the

European Commission or the Council, or to Members of the European Parliament

is crucial for interest groups who seek to influence the shape of legislation. Timing

is especially critical. It is too late to leave it until a draft directive appears in the

Official Journal (OJ). Anticipation is always better than reaction. Guidance is given

on how to anticipate. The political law of ‘unintended consequences’ which so

often destroys the good intentions of legislators and regulators is one of the principal

reasons why interest groups, lobbyists and others need to prepare their

arguments carefully, especially as the media, particularly in the United Kingdom,

are all too ready to hold the European Union and the European Community up

to ridicule because ill thought out proposals (or gold plated regulations in the

United Kingdom) result in consequences not originally intended.

That mysterious body, the Council (of ministers), is difficult to approach but not

impossible. Advice is given on the best way in to the Council by making frequent

use of national officials who attend the numerous working parties in Brussels.

The United Kingdom permanent representation (UKREP) is a useful guide to which

British officials go to these working parties. British officials whether in govern-

ment departments in Whitehall or in the United Kingdom Permanent

Representation in Brussels are there to do their best for the United Kingdom and

its citizens both natural and legal.

P R E F A C E

3

Another body about which little is known is the Committee of Permanent Repre-

sentatives (COREPER). A section deals with COREPER, how it is made up, how

it works and its decision making processes.

Insufficient attention is given by lobbyists and other interest groups to the influ-

ence of the Economic and Social Committee (ECOSOC) and the Committee of

the Regions (COR). Sections of this Report explain how they work and their useful-

ness. The names of British members of both are listed in the annexes.

There are a number of other bodies whose role is important but who are not

‘lobbyable’ by interest or pressure groups. This Report contains a section on:

• The European Court of Auditors

• The European Central Bank

• The European Investment Bank

• The European Investment Fund

• The European Ombudsman.

Further information

Official Journal (OJ) ‘L’ and ‘C’ series now available for a period of 45 days,

free of charge on the Eur-Lex Internet site (http://europa.eu.int/eur-lex).

Towards the end of 1999, it was decided to add an exclusively electronic section

to the ‘C’ series to be known as the ‘OJCE’. An index of all the documents in any

day’s OJCE will appear in that day’s printed version.

The OJ ‘L’ and ‘C’ series are also available quarterly on CD-ROM.

Tenders Electronic Daily (TED) is now available free of charge on line from

(http://ted.eur-op.eu.int).

EUROPA (http://www.europa.eu.int/) is the server which provides a compre-

hensive coverage and daily update on all that is happening in the institutions and

in the EU’s relations with third countries. It provides links to all the Institutions’

websites – Parliament, Council, Commission, Court of Justice, Court of

Auditors, Economic and Social Committee, Committee of the Regions,

European Investment Bank, European Central Bank, agencies and other

bodies.

It provides information on the EU, up-to-date news, the Euro exchange rate and

all the latest statistics.


4

EUROPARL (http://www.europarl.eu.int/) is the European Parliament server

providing full information on the Parliament’s President and its Members, including

‘mug shots’. It gives full information on the Political Groups and their secretariats,

and on the Committees, including membership, meetings, the calendar and agendas.

Particularly helpful to lobby groups is the Legislative Observatory (OEIL) which

permits a search of progress on legislative dossiers by criteria such as Committee,

Rapporteur, Commission DG or Council involved, by topic, by procedure, by date

or by legal base.

The Council’s website (http://ue.eu.int/) provides information on Council

documents publicly available, meeting timetables, latest news and general infor-

mation on co-operation and working methods. It carries editions on Common

Foreign and Security Policy (CFSP), Justice and Home Affairs (JHA), Economic Policy

Co-ordinators (EPC) and Co-operation in the field of Scientific and Technical research

(COST). It also provides links to the 15 member state governments and to 17 other

non-member European Governments.

The Commission website (http://europa.eu.int/comm/) as might be

expected, provides information on all the Commissioners, all of whom have their

own home pages. On the whole, however, the Commission’s website is less infor-

mative than those of the other bodies.

The Court of Justice website (http://curia.eu.int/) provides an index of cases

lodged, recent case law, reports of proceedings normally a month in arrears,

sometimes longer, and judicial statistics on cases.

The Court of Auditors website (http://www.eca.eu.int/) provides biogra-

phies, documents and statistics.

The Economic and Social Committee website (http://www.ces.eu.int/)

surprisingly does not have a Who’s Who section.

The Committee of the Regions website (http://www.cor.eu.int/) is very

lively and provides contact addresses for COR members in their countries of origin

– very useful.

The European Investment Bank website (http://eib.eu.int/).

The European Central Bank website (http://www.ecb.int/) is very informa-

tive on all aspects of the Euro, including fraud prevention.

The European Ombudsman website (http://www.euro-ombudsman.eu.int/)

shows how to make a complaint, with data on his decisions. The European Parlia-

ment server has a lead in to the Ombudsman. Surprisingly, the EUROPA server

does not.

F U R T H E R I N F O R M A T I O N

5

The United Kingdom Permanent Representative (UKREP) website (http://

ukrep.fco.gov.uk) is an excellent guide to who does what in that invaluable

organisation. It includes phone and fax numbers for key members of UKREP staff

with their responsibilities.

The UKREP address is:

10 Ave d’Auderglem

1040 Brussels

Tel: 00 32 2 287 8211

Fax: 00 32 2 287 8398

Directory of Special Interest Groups

The European Commission maintains an online directory of these at:

http://europe.eu.int/comm/sg/sgc/lobbies/en/tabledom.htm

Inclusion in it is essential for any interest group wishing to be consulted on Commis-

sion proposals.


6

1chapter

European Lobbying Guide

L O B B Y I N G – A N I N T R O D U C T I O N

W H AT I S L O B B Y I N G ?

I N T E R E S T G R O U P S A N D P R E S S U R E G R O U P S

G O V E R N M E N T S A S L O B B Y I S T S

Chapter 1:European Lobbying Guide

Lobbying – an introduction

‘Lobbying’ is a much misunderstood activity. Frequently criticised in the media

for being a tool at the disposal of big business to seduce politicians, it is a long

established part of the democratic political process. MPs receive delegations of

their constituents in the central lobby of the House of Commons to be ‘lobbied’

– the origin of the word, therefore, in the United Kingdom. (In Washington, the

home of lobbying and lobbyists, they claim it all began in the lobby of the Willard

Hotel, where in the early days of the United States, presidents and congressmen

received those in search of favours.)

Lobbying is a healthy and necessary part of an open democratic society. The more

open the political decision-making process, the more there will be a role for

lobbying and lobbyists. The European Commission, the European Parliament, the

Economic and Social Committee (ECOSOC) and the Committee of the Regions

(COR) are the main influences on the proposals put forward by the European

Commission for Directives, Regulations, Decisions and Recommendations. They

are, therefore, the main focus of attention.

The Council (of Ministers) which represents the governments of the Member States

is where the ultimate power resides. The Commission can propose draft legis-

lation, the European Parliament shares with the Council the power of decision

on much of this legislation but neither the Commission nor the Parliament can

force legislation through unless it has the support of the Council.

Representatives of Member States, frequently civil servants, also have an input

into the Commission’s early drafts. There would be no point in the Commission

working on a proposal without the support of the Council. Indeed, most Commis-

sion initiatives arise from requests either by the heads of government of the fifteen

Member States meeting at the European Council or by a ministerial meeting.

Representatives of the Member States negotiate the details of draft legislation while

the European Parliament, ECOSOC and the COR are considering their response

to the Commission’s proposed draft. The Council is supposed to take into account

those institutions’ amendments in arriving at an amended text which then goes

back to the European Parliament as what is known as a ‘common position’ (neither

ECOSOC nor the COR are consulted on ‘common positions’).


8

Lobbying of the Council is, on the whole, best carried out in national capitals in

discussion with the civil servants who attend the innumerable working parties,

study groups and committees for adaptation to technical progress which are part

of the processes both before and after directives have gone through the full legisla-

tive process.

What is lobbying?

Quite simply, a process of information to officials and legislators so that measures

are better thought out in the hope of reducing the effect of the political law of

‘unintended consequences’ (where an ill thought out proposal can have entirely

unintended harmful effects).

Lobbying can be either ‘proactive’ or ‘reactive’. Proactive lobbying is practised

by many pressure groups to encourage the European Commission to produce a

proposal. The single market programme was the result of proactive lobbying by

business. The wide range of environmental directives is a result of lobbying by

environmental pressure groups.

Reactive lobbying is necessary when the European Commission produces a green

paper or a discussion document, or holds a public hearing. These frequently antic-

ipate a future directive. They provide an opportunity for interest and pressure groups

to respond with reactions, ideas and suggestions. The increasing use by the Commis-

sion of green papers and discussion documents needs vigilance to make sure that

comments are submitted in sufficient time for the officials concerned to take them

into account, before moving to the next stage which may be a draft directive.

Reactive lobbying increasingly arises as a result of the widened powers of the

European Parliament over legislation, whereby the Parliament and the Council

(of Ministers) jointly decide on legislation in ‘co-decision’.

The President of the Commission, Romano Prodi, made a promise to the European

Parliament during the confirmation hearings for the new Commission, to look

closely at calls for new legislative proposals from the European Parliament. The

Parliament will not be slow to hold President Prodi to that promise.

C H A P T E R 1 : E U R O P E A N L O B B Y I N G G U I D E

9

Interest groups and pressure groups

Lobbying in Brussels is a growth industry. Every sector of business has its own

European trade association. Trade unions and consumers have their representa-

tive bodies. Environmental pressure groups such as Greenpeace have theirs too.

In spite of media suspicion and criticism of lobbying, the media themselves are

becoming increasingly active in Brussels. The BBC, in addition to its excellent

newsgathering team there, has its own office to lobby the European institutions.

So does ITV. The print media, unable to agree amongst themselves, have a number

of representative bodies.

Governments as lobbyists

Governments also lobby. These are the fifteen Member States of the European

Union who have been forced by the increased power of the European Parliament

and the establishment of the Committee of the Regions to devote more efforts

to lobbying. All fifteen have their Brussels-based teams of lobbyists disguised as

‘permanent representations’. In addition to their duty preparing meetings of the

Committee of Permanent Representatives (COREPER) they are devoted to

informing their nationals, who are Members of the European Parliament or of

ECOSOC or of the COR of their governments’ views, generally scrupulously avoiding

anything which could be interpreted as an ‘instruction’ on how to vote! The third

role of the fifteen permanent representations is to prepare the ground for Council

meetings, as a part of which they will negotiate with the European Parliament

in a process known as ‘conciliation’.

Third countries’ embassies lobby too. The EU’s major trading partner, the United

States, has its own representation dedicated to negotiating with the Commission

and lobbying in general. Other third countries’ embassies may combine their role

vis-à-vis the European institutions with representing their bilateral Embassies accred-

ited to Belgium or to NATO. Particularly active are the countries in Africa, the

Caribbean and the Pacific who are associated with the European Community

through the Lomé Convention.

Knowing how the system works and how to get the best out of it is the object

of this guide.


10

2chapter

The ‘Institutions’ of the European Union

E U R O P E A N U N I O N ( E U ) O R E U R O P E A N C O M M U N I T Y ( E C ) ?

T H E E U R O P E A N C O U N C I L

T H E C O U N C I L

T H E E U R O P E A N C O M M I S S I O N

Chapter 2:The ‘Institutions’ of the European Union

Confusion, often compounded by inaccurate reporting in the media, arises from

the similarity between the names of some of the EU ‘institutions’ and those of entirely

separate organisations such as the Council of Europe. For example, the media often

refer to the European Commission on Human Rights (based in Strasbourg and part

of the Council of Europe) as the ‘European Commission’. The body based in Brussels,

which is responsible for drawing up proposals for legislation and for monitoring

the way in which the fifteen Member States adhere to their treaty commitments

and the way in which they implement EU directives, is the Commission of the

European Communities, generally known simply as ‘the Commission’.

‘Communities’ rather than ‘Community’ because the Commission is responsible

not only for the European Community (previously known as the European Economic

Community (EEC)) but also the European Coal and Steel Community (ECSC), the

precursor of the EEC, and of the European Atomic Energy Community (EURATOM).

Confusion arises too because the European Union itself uses terms which are easily

confused such as the European Council and the Council (see below).

European Union (EU) or European Community (EC)?

The EU and EC are not synonymous though most people think they are. The

European Union was established by the Treaty on European Union, commonly

known as the Maastricht Treaty, in 1992. It created a new structure with three

separate areas of activity. These three, known as ‘the three pillars’, are the European

Community (EC), previously known as the EEC; the Common Foreign and Security

Policy (CFSP) and Co-operation in the Fields of Justice and Home Affairs (JHA).

(The last two arise from the wish of the Member States’ governments to co-operate

more closely together outside the framework of the EU institutions and are, there-

fore, described as ‘inter-governmental’.)

The European Community, which now consists of fifteen Member States, produces

the legislation which gives rise to the need for lobbying and creates a body of jurispru-

dence arising from the decisions of the European Court of Justice (ECJ).

There is no co-decision yet between the European Parliament and the Council

on common foreign and security policy matters, nor on justice and home affairs

matters.


12

The European Council

Commonly known as ‘European Summits’, the term means meetings of the heads

of government. They happen at least twice a year though in recent years the practice

has grown up of having special ‘mini-summits’. The foreign ministers of the fifteen

Member States also attend as do the Presidents of the European Commission and

of the European Parliament.

The European Council is not part of the legislative process. The European Council

is a political body often called upon to resolve issues on which agreement cannot

be reached in the Council of Ministers.

The European Council is required to agree unanimously on changes to treaties,

subject to ratification by national parliaments and on all key appointments.

The Council

Generally known as the Council of Ministers in order to avoid confusion with

the European Council, the Council is made up of ministerial representatives of

the fifteen Member States. Its composition depends upon the areas of discussion.

For example, Ministers of Agriculture attend Agriculture Councils, and Finance

Ministers such as the Chancellor of the Exchequer attend meetings of the Economic

and Finance Council, known as ECOFIN.

The General Secretariat of the Council

The Council has its own secretariat consisting of around 2,300 EU civil servants

and its own organisation structure. The 2,300 does not include additional Council

staff who will need to be recruited to handle the Common Foreign and Security

Policy (CFSP) with the appointment of the new Council Secretary General – Javier

Solana Madariaga.

The secretariat of the Council is responsible for policy continuity in that institu-

tion thereby ensuring a smooth hand over from one country’s six months Presidency

to the next. As in each country, assuming the Presidency has its own order of prior-

ities, the strand of continuity is dependent upon the Council General Secretariat.

A small group of top ‘A’ (administrative) grade officials prepare the agendas for

meetings in conjunction with the Presidency. They prepare the documents to

be discussed, attend meetings and prepare notes and summaries afterwards. They

will follow the development of a proposal from its initial exchange of views in

a Working Party to the final stage of adoption by the Council. The new head of

C H A P T E R 2 : T H E ‘ I N S T I T U T I O N S ’ O F T H E E U R O P E A N U N I O N

13

the Council Secretariat is the Secretary-General, Javier Solana Madariaga (the former

Secretary-General of NATO) who will combine the role of Secretary-General of

the Council with that of High Representative for the European Union’s Common

Foreign and Security Policy. He will be assisted by a Frenchman, Pierre de Boissieu,

who has been appointed Assistant Secretary-General of the Council.

The Council Secretariat is organised into the Secretary-General’s department and

eleven directorates general with the following areas of responsibility:


14

Secretary-General

• Financial Control

PRIVATE OFFICE• General Political Questions

• European Councils

• Press and Current Information

LEGAL SERVICEDirectorate-General A

• Personnel and Administration

• Protocol, Organisation, Security, Infrastructures

• Translation and Document Production

Directorate-General B

• Agriculture – Fisheries

Directorate-General C

• Internal market: Customs Union, Industrial

Policy

• Approximation of Laws, Right of Establishment

and Freedom to Provide Services, Company Law,

Post and Telecommunications, Intellectual

Property

Directorate-General D

• Research, Energy, Transport

Directorate-General E

• External Economic Relations and Development

Co-operation

Directorate-General F

• Relations with the European Parliament, Insti-

tutional Affairs, Budget and Staff Regulations

• Co-decision Legislative Procedures, Relations

with ECOSOC and the Committee of the Regions,

Information Policy, Public Relations

Directorate-General G

• Economic and Financial Affairs

• Economic and Monetary Union, Own Resources

• Tax Harmonisation, Bank and Stock Exchange

Law

Directorate-General H

• Justice and Home Affairs (JHA)

Directorate-General I

• Environment, Consumer Protection, Civil Protec-

tion, Health, Foodstuffs

Directorate-General J

• Social Policy, Employment, Social Dialogue,

Regional Policy and Economic and Social

Cohesion, Education and Youth, Culture, Audio-

visual Questions

Directorate-General K

• Common Foreign and Security Policy

Though the Council is the final arbiter of all European Community and European

Union Acts, since the Treaty of Amsterdam came into force on 1 May 1999, it increas-

ingly acts in co-decision with the European Parliament on European Community

matters.

Most of the work of the Council is done in working parties consisting of officials

from the fifteen Member States who work on the details of legislative proposals

both before the European Commission adopts it and throughout the various stages

of the co-decision procedure. Council working parties will often be working in

parallel with the consideration of proposals by the European Parliament, ECOSOC

and the Committee of the Regions.

In order to open up the meetings of the Council, voting and explanations of votes

by Member States, representatives can be published in media information distrib-

uted by the Press Office of the General Secretariat of the Council as provided for

in the Council Rules of Procedure*.

Publication of the results of votes in Council

Since 1995 voting records have appeared in the Review of the Council’s work

published annually by the Council Secretary General.

When the Council is acting in its legislative capacity adopting legally binding instru-

ments such as regulations, directives or decisions, the results of the votes by the

members of the Council are automatically published.

When the Council adopts common positions as part of its co-decision or co-opera-

tion procedures with the European Parliament or in the conciliation committee

with the Parliament, the results of voting are also published.

When the Council is not acting in its legislative capacity, voting results and expla-

nations of votes are not generally made public unless the Council so decides. In

the case of the Council acting in the areas of the Common Foreign and Security

Policy and of Justice and Home Affairs, a decision to publish must be unanimous.

National officials with specialised knowledge of the topic will also attend concil-

iation meetings with representatives of the European Parliament, under the

conciliation arrangements which are part of the co-decision procedure.


15

*Official Journal (OJ) Number L147, 12.6.99 and L251, 24.9.99.

The Council and Council working party meetings take place behind closed doors

with no published record other than the occasional press release. The result of

their votes, however, is often known. The topic under discussion and the treaty

article under which it is brought forward (known as the legal base) governs the

voting method of the Council. Decisions can be arrived at, therefore, either by:

• unanimity

• simple majority

• qualified majority, with each Member State having a number of votes

roughly in accordance with its population, known by the acronym QMV.

(See pages 21-22 on Voting in Council.)

Publication of Statements and Minutes

Sometimes the Council, the Commission or a Member State representative may

insert a written statement in the Council Minutes often indicating a reservation

or aimed at public opinion in the Member State concerned. Such statements have

no legal effect but are considered to be ‘political’ and do not hinder decision-making.

Public and media access has been permitted to statements in the Council Minutes

and to the Minutes themselves since the adoption of a Council Code of Conduct

on 2 October 1995. (Releases from the Council Secretariat Press Office indicate

the existence of such statements by an asterisk.)

Access to Council documents

The public and the media have had the right to see Council documents since

December 1993*. Access is not easy, however, because applications have to be

submitted in writing to the General Secretariat of the Council. The Secretary General

is required to reply within one month with, in certain circumstances, an exten-

sion by a further month. The applicant has to pay for the Council documents if

hard copy is required.


16

*Council Decision 93/731/EC on 20 December 1993 established the public right to Council documents. It wasamended by another Council Decision in 96/705/EC on 6 December 1996. The text of that Decision appears inthis guide as Annex 6.

The Presidency of the Council

Under current arrangements, Member States take it in turns to preside over Council

meetings for a period of six months, January to June and July to December. In

2000 Portugal will preside for the first six months, France for the second six months.

Sweden and Belgium will hold the presidency in 2001, Spain and Denmark in

2002 and Greece the first half of 2003.

The duties and responsibilities of the Presidency of the Council are laid down in

the various treaties establishing the European Union, the European Community,

the European Coal and Steel Community and Euratom, though in very general terms*.

The President of the Council, known as the ‘President in Office’ also has to report

regularly to the European Parliament with the Foreign Minister of the country holding

the Presidency setting out the programme for the coming six months and the Prime

Minister reporting back to the Parliament at the end on progress made. The minis-

ters from the country holding the Presidency chair ministerial meetings and attend,

when invited, parliamentary committees and meetings of ECOSOC and the COR.

A useful way for an interest group to pursue an issue is through questions to the

Council which take place during every plenary session of the European Parlia-

ment in Strasbourg. Such parliamentary questions, however, principally serve a

publicity purpose.

The Presidency represents the Union in CFSP matters and is required to consult

the European Parliament on co-operation on Justice and Home Affairs.

The President also has the responsibility of convening Inter-Governmental Confer-

ences (IGC) to adopt amendments to the Treaties.

The same Member State holds the Presidency in every sphere of the European

Union’s activities (EC, CFSP and JHA) and at all levels from working parties right

up to the European Council.

Inevitably, some programmes such as the single market or the liberalisation of

financial services currently in hand, will spread over several Presidencies. As a

way of ensuring continuity, an institution has developed known as the ‘Troika’

which involves the Presidency-in-Office, its predecessor and its successor. The

order in which the Member States hold the Presidency provides for there always

to be one large state in each Troika.


17

*See, for example, Arts 202-210 of the Treaty of Rome.

The Presidency is neutral and impartial. Its role in presiding over working party

and ministerial meetings is to act as a moderator, favouring neither its own prefer-

ences or those of any other particular Member State. This does not mean that

the President in Office’s Member State’s case goes by default as another repre-

sentative will be present and able to speak.

The Presidency in its role as an impartial chairman should try to broker a compro-

mise to reconcile different national interests where a stalemate may have occurred.

The Presidency requires a considerable amount of additional resource from the

Member State holding the Presidency, easier for large Member States than small

States. This is one of the reasons why there is currently debate about reforming

the arrangements for the Presidency to give a longer period of office than six

months. One of the advantages of the present arrangement is that it gives an oppor-

tunity for the smaller Member States to play a role, not only within the European

Union, but internationally in relationships with countries such as the United States

where the Presidency-in-Office represents the Union.

Lobbying the Presidency is virtually impossible owing to the requirement that the

Presidency should be neutral. However, lobbying can be carried out indirectly via

national capitals including that of the country holding the Presidency.

The Council of the Union

The EU and the EC become confused because the Council is the Council for both

and refers to itself as the Council of the Union. The reason is that the Council

decides on matters to do with the common foreign and security policy and with

justice and home affairs when most decisions are taken by unanimity. There is

no co-decision with the European Parliament in those two ‘pillars’ of the Union.

Co-decision only applies to European Community measures.

QMV also applies only to European Community measures. The Council established

its own Rules of Procedure on 31 May 1999 (see Annex 3).

The composition of the Council differs depending on the agenda. The most frequent

Council meetings are those of General Affairs, Agriculture, Budget, Consumers,

Culture, Development, Economic and Financial Affairs (known by the acronym

ECOFIN), Education, Energy, Environment, Industry, Justice and Home Affairs,

Internal Market, Fisheries, Research, Health, Telecommunications, Transport and

Employment, and Social Affairs.

The General Affairs, Agriculture and ECOFIN Councils generally meet once a month

whilst the others meet as often as required, normally two to four times a year.


18

Ministerial meetings are normally held at the Council’s Brussels headquarters, the

Justus Lipsius Building, though in April, June and October they are held at the

European Centre in Luxembourg.

The Permanent Representatives’ Committee (COREPER)

The fifteen Member States each have ‘embassies’, known as Permanent Repre-

sentations, to the European Union in Brussels. The fifteen ‘ambassadors’, known

as Permanent Representatives, normally meet each week in a committee commonly

called COREPER. COREPER is divided into two parts. COREPER I is composed of

the Deputy Permanent Representatives who normally meet on Wednesdays.

COREPER II is composed of the Permanent Representatives themselves and usually

meets on Thursdays, except for weeks preceding General Affairs or ECOFIN Councils

when it meets on Wednesdays.

COREPER I

This is responsible for the preparation of Internal Market, Energy, Research, Industry,

Telecommunications, Fisheries, Transport, Environment, Consumers, Labour and

Social Affairs, Health and Culture, Tourism, and Agriculture (Veterinary and Plant-

health questions) Councils.

COREPER II

This is responsible for preparing Council meetings on General Affairs, ECOFIN,

Development, Justice and Home Affairs, and the Budget.

COREPER agendas are divided into two parts. Part I is made up of items expected

to be approved by COREPER without discussion, prior agreement having been

reached within the working party.

If a delegation is opposed, however, the item is moved into Part II which consists

of items requiring detailed and substantive discussion and includes ‘other business’

added to the agenda at the request of the Presidency, a national delegation or

the Commission.

Items sometimes appear on the agenda marked ‘possibly’ which indicates that

the Presidency may either add or withdraw the item at short notice.

Reports for COREPER are usually drafted by the General Secretariat of the Council.

As the purpose of COREPER meetings is to prepare for Council ministerial meetings,

items already agreed will be entered on the Council agenda as an ‘A’ item.

Where there is a difference of views needing a discussion at Council level, those

items are entered on the Council agenda as ‘B’ items.


19

Matters which require further study and discussion by COREPER before going

on to Council can be entered on the agenda for a future meeting.

COREPER may also instruct working parties to re-examine certain technical diffi-

culties which may have been insufficiently considered at first reading or which

have emerged in the COREPER meeting.

Council Meetings

The Presidency-in-Office may convene a meeting of the Council or do so at the

request of a Member State or of the Commission. Normally, however, Council

Meetings are held in accordance with a timetable generally agreed well before

the beginning of the six months of the Presidency.

The Council consists of one representative of each Member State holding minis-

terial rank with the authority to commit their government. Council members are

generally accompanied by officials from their Member State. Though the Commis-

sion is generally invited to take part in Council Meetings, it is not essential. The

Council may decide to hold discussions without the Commission being present.

Agendas for Council Meetings

The responsibility for drawing up agendas for Council Meetings rests with the

Presidency. For inclusion, an item should be submitted with its supporting papers

at least 14 days before the meeting. However, if a national delegation or the Commis-

sion asks, items may be added providing the request is submitted at least 16 days

before the Council Meeting and relevant papers are available. Further items can

only be added once the 16 day deadline has passed if Council Members agree

unanimously.

The draft agenda is sent by the Presidency to COREPER with an indication by an

asterisk of those items on which a vote may be taken and distinguishing other

items either for negotiation or for decision.

It is the responsibility of the General Secretariat of the Council to brief the Presi-

dency on the latest situation on agenda items indicating substantive, legal,

procedural and tactical points which are likely to arise.


20

As with the agenda for COREPER, the Council’s agenda is divided into two parts:

• ‘A’ items which the Council frequently adopts without any discussion.

A Council Member can ask for ‘A’ items to be withdrawn and postponed

to a later meeting or converted into a ‘B’ item.

National delegations may make statements to be attached to ‘A’ items

explaining their vote or their reservations.

• ‘B’ items are all other items on which further discussion and perhaps

votes may take place.

A preparatory briefing meeting is held before the Council Meeting attended by

the President, the Permanent Representative or his deputy, the Secretary-

General of the Council and other Council officials including a representative of

the Council Legal Service.

Only six people per national delegation (including the relevant Minister and the

Permanent Representative or his deputy) can have access to the Council

chamber. Everyone else must follow the discussions from a separate room.

In cases of political sensitivity or technical complexity, the President may limit

the composition of delegations (meetings in restricted session, Ministers plus one

person, Ministers only, etc).

Voting in Council

The rule for voting in the Council depends on the Treaty articles governing the

agenda item in question. They are set out in detail in the Council’s Rules of Proce-

dure*. Annex 3 shows the Council Rules of Procedure in full.

The different kinds of vote are:

Simple majority

Voting by simple majority in Council is limited. Though Article 205 of the Treaty

of Rome states ‘save as otherwise provided in this Treaty the Council shall act

by a majority of its members’ i.e. simple majority, in reality simple majority voting

is rare, applying to procedural decisions, the questions of the Commission’s right

to collect information and in those circumstances where no other form of voting

is specifically indicated.


21

*Official Journal (OJ) Number L147, 12.6.99 and L151, 24.6.99.

Unanimous voting

Unanimity is required in certain politically sensitive policy areas such as taxation

and the EU budget and on legislation based on Article 308 concerning the opera-

tion of the Common Market where the Treaty has not provided the necessary

powers to achieve one of the objectives. Unanimous voting is necessary if the

Council is to overrule the Commission and it is also the rule in actions under the

Common Foreign and Security Policy or in Justice and Home Affairs.

Qualified majority voting

Qualified majority voting, generally known as QMV, means that to be adopted a

measure needs 62 votes in support out of a total of 87. Under the current QMV

arrangements the number of votes to which each Member State is entitled is:

10 United Kingdom

10 Germany

10 France

10 Italy

8 Spain

5 Belgium

5 Greece

5 The Netherlands

5 Portugal

4 Austria

4 Sweden

3 Denmark

3 Finland

3 Ireland

2 Luxembourg

Total: 87

To defeat a measure requires a ‘blocking minority’ of a minimum of 26 out of the

total of 87. That means at least 3 Member States must vote against.

It is not necessary, however, for all fifteen Member States to participate in voting.

In a manoeuvre known as ‘constructive abstention’ a single Member State can

signify its reservations by abstaining rather than voting against – a way of avoiding

‘rocking the boat’.


22

The European Commission

The Commission of the European Communities has political, administrative and

regulatory roles.

The political direction comes from the collegiate body of 20 Commissioners, each

of whom is appointed for a period of 5 years. The present Commission’s term

of office lasts from the 1 January 2000 to 31 December 2004.

The new Commissioners and their portfolios are:

Romano Prodi President

Italian

Neil Kinnock Vice-president

British Administrative Reform

Loyola de Palacio Vice-president

Spanish Relations with the European Parliament

Transport and Energy

Mario Monti Competition

Italian

Franz Fischler Agriculture and Fisheries

Austrian

Erkki Liikanen Enterprise and the Information Society

Finnish

Frederik Bolkestein Internal Market

Dutch

Philippe Busquin Research

Belgian

Pedro Solbes Mira Economic and Monetary Affairs

Spanish

Poul Nielson Development and Humanitarian Aid

Danish

Günter Verheugen Enlargement

German

Christopher Patten External Relations

British


23

Pascal Lamy Trade

French

David Byrne Health and Consumer Protection

Irish

Michel Barnier Regional Policy and ‘ad personam’

French Intergovernmental Conference

Viviane Reding Education and Culture

Luxembourgeoise

Michaele Schreye Budget

German

Margot Wallström Environment

Swedish

Antonio Vitorino Justice and Home Affairs

Portuguese

Anna Diamantopoulou Employment and Social Affairs

Greek

In carrying out their duties, members of the Commission are obliged to be completely

independent of their national governments and to act only in the interests of the

European Union. The European Parliament has the right to pass a motion of censure

on the Commission as a whole. Though each member of the Commission has special

responsibility for one or more policy areas (see list above) decisions are taken on

the basis of collective responsibility.

The Commission is first and foremost the guardian of the treaties. It must ensure

that treaty provisions and European Union decisions are correctly applied. It can

initiate infringement proceedings against any Member State and may, if neces-

sary, refer matters to the European Court of Justice (ECJ). It can also impose fines

on individuals or companies, notably when they act in breach of the European

Union’s competition rules.

The Commission has the sole right of initiative in the field of legislation and it

can exert its influence at every stage of the process leading to the adoption of a

new European directive.

In the Common Foreign and Security Policy (CFSP) and Justice and Home Affairs

(JHA) the Commission has the same rights as Member States to submit proposals.

Both areas of policy are decided upon through inter-governmental co-operation,

a Council responsibility.


24

Commission Services

The Commission is the European Union’s executive body. The ‘Commission Services’

are the permanent EU civil service who draw up proposals for legislation, issue

rules for the implementation of Treaty articles and administer the Community budget,

the bulk of which is spent under one or other of the major funds:

• The European Agricultural Guidance and Guarantee Fund (EAGGF)

• The European Social Fund (ESF)

• The European Regional Development Fund (ERDF)

• The Cohesion Fund (CF).

In carrying out these executive responsibilities, the Commission is often required

to seek the opinion of committees of representatives from the Member States when

drawing up regulations to manage Community policies. This procedure, known

as ‘comitology’, is a source of conflict between the European Parliament, the

Commission and the Council, as it is not fully subject to European Parliament scrutiny.

Most directives are ‘framework’ directives in the sense that they lay down general

principles. There is a parallel with the British system whereby an act of Parlia-

ment creates the law but the detail of how that law is to be operated is filled in

by regulations known as Statutory Instruments (SI’s).

Contrary to popular belief about a huge bureaucracy, the European Commission

permanent staff numbers less than 17,000.

The Commission is also responsible for producing official texts published in the

Official Journal, commonly referred to as the ‘OJ’. The ‘C’ series of the OJ carries

the texts of draft directives and other proposals, the exchange rate of the Euro,

invitations to tender for participation in EU funded programmes and ‘sits vac’ which

appear in the ‘C’ series with the suffix ‘A’, e.g. C153A. The ‘L’ series are authori-

tative texts of Parliament and Council directives, Council directives, Council decisions

and the innumerable regulations concerned with the day-to-day administration of

the Common Agricultural Policy (CAP). These texts appear in light type. All other

texts with legislative significance appear in bold type in the ‘L’ series preceded

by an asterisk.

The Commission has the responsibility for negotiating on behalf of the fifteen

Member States in international fora such as the World Trade Organisation (WTO)

and for negotiating treaties of accession with countries wishing to become members

of the EU known as ‘candidate countries’. It also, through its offices in more than

120 national capitals, represents the European Union diplomatically.


25

The Commission is also authorised to set up specialist committees to advise it.

The details of these committees and their membership are published in the ‘C’

series of the OJ together with their periods of office, generally two years, renew-

able. The members of these committees whose names are public are often worth

lobbying as they know their field well.

Organisation of the Commission

The Amsterdam Treaty has enhanced the role of the Commission President. It is

he who gives political direction to the Commission as a whole. It is he who allocates

the portfolios to members of the Commission and he has the power to reallo-

cate portfolios during the Commission’s five year term of office. The current

President’s principal priorities will be the next enlargement of the European Union

and internal reform.

Internal reform of the Commission Services

The Rt Hon Neil Kinnock has been appointed as Vice-president for Administrative

Reform of the Commission. He will have the task of drawing up a comprehensive

reform plan and responsibility for ensuring that it is carried out.

Hitherto, the Commission Services’ principal policy functions have been carried

out by Directorates-General identified by Roman numerals DGI to DGXXIV. As

even experts were frequently confused by the numbering, one of the first changes

instituted by Romano Prodi has been to give the Directorates-General names clari-

fying their functions.

The new Directorates-General, their Directors-General and their areas of respon-

sibility will be found at Annex 5.

Commissioners’ ‘Cabinets’

Each Commissioner is assisted by a private office, known as the ‘cabinet’. Cabinet

members serve the Commissioner individually and their term of office is depen-

dent upon their Commissioner. Cabinet members can be very helpful in giving

advice and their influence is considerable. The heads of the private offices, known

as the ‘chefs de cabinet’, meet regularly to prepare the ground for the weekly

meetings of the Commission which normally take place on Wednesday in Brussels

except when the European Parliament has a plenary session in which case the

Commission’s meeting takes place in Strasbourg.


26

As members of the cabinet depend upon their working relationship with their

Commissioner, the composition of cabinets inevitably changes over a five year

period. Generally, however, the ‘chefs’ serve the full five years. The current line

up of Commissioners and their ‘chefs’ is:

Commissioner Chef de cabinet

President Romano Prodi.............................David O’Sullivan

Vice-president Neil Kinnock ......................Andrew Cahn

Vice-president Loyola de Palacio ................Daniel Calleja Crespo

Michel Barnier ............................................Christine Roger

Frederik Bolkestein.....................................Henk Post

Philippe Busquin ........................................Daniel Jacob

David Byrne................................................Martin Power

Anna Diamantopoulou ...............................Giorgos Glynos

Franz Fischler .............................................Corrado Pirzio-Biroli

Pascal Lamy.................................................Pierre Defraigne

Erkki Liikanen.............................................Olli Rehn

Mario Monti ................................................Enzo Moavero Milanesi

Poul Nielson ...............................................Claus Haugaard Sorensen

Christopher Patten .....................................Anthony Cary

Viviane Reding............................................Gregory Paulger

Michaele Schreyer ......................................Eckhart Guth

Pedro Solbes Mira .......................................Luis Planas Puchades

Günther Verheugen ....................................Alexander Italianer

Margot Wallström .......................................Rolf Annerberg

Antonio Vitorino.........................................Antonio Cavaco

Each Commissioner is entitled to a cabinet of up to 6 ‘A’ (administrative) grade

officials.


27

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3chapter

The European Parliament and other bodies

T H E S I N G L E E U R O P E A N A C T

T H E M A A S T R I C H T T R E AT Y

T H E T R E AT Y O F A M S T E R D A M

T H E C O - D E C I S I O N P R O C E D U R E

PA R L I A M E N TA R Y C O M M I T T E E S

C O M P O S I T I O N A N D P R O F I L E

T H E E U R O P E A N PA R L I A M E N T A N D T H E B U D G E T

PA R L I A M E N TA R Y C O M M I T T E E S O F I N Q U I R Y A N D C O M M I T T E EP U B L I C H E A R I N G S

Chapter 3:The European Parliament and other bodies

Though the European Parliament has only been directly elected since 1979, there

has from the earliest days of the European Coal and Steel Community been some

form of parliamentary oversight. Until direct elections in 1979, members of what

was then known as the European Assembly were nominated members of national

parliaments. After 1979, the legitimacy conferred upon the Parliament by direct

election led to it wanting increased powers.

Although from the beginning of the 1970s the Parliament shared with the Council

responsibility for the budget, on legislative proposals it could only suggest amend-

ments and there was no obligation on either the Commission or the Council to

take notice. At that time, the only important measure which required two readings

was the annual budget.

1987, however, saw a substantial increase in Parliament’s influence over legisla-

tion with the Single European Act. For the first time and subject to certain

conditions, the Parliament was able to amend draft directives, especially in the

important area of the creation of the single market.

The Single European Act

The Single European Act also introduced Qualified Majority Voting in a number

of areas, especially single market measures in place of unanimity. There could

have been little progress towards achieving the single market without Qualified

Majority Voting.

The Single European Act introduced the Co-operation Procedure providing the

Parliament with the power to amend draft directives after two readings.


30

The Maastricht Treaty

The Maastricht Treaty (the Treaty on European Union) which came into force in

November 1993 increased the Parliament’s role further by introducing the Co-

decision Procedure whereby Parliament and Council jointly decide on Commission

proposals for legislation in the following areas:

• Free movement of workers

• Right of establishment

• Treatment of foreign nationals

• Mutual recognition of qualifications

• Co-ordination of provisions relating to self-employment

• Freedom to provide services

• Internal market

• Community education measures

• Community cultural measures

• Public health

• Consumer protection

• Trans-European networks

• Research and technical development framework programmes

• Adoption of environment action programmes.

The Treaty of Amsterdam

The Treaty of Amsterdam which came into force on 1 May 1999 has extended

the European Parliament’s powers yet further by introducing co-decision into a

greater number of policy areas in particular:

• Employment incentive measures

• Rules to prohibit discrimination on nationality grounds

• Provisions to facilitate the right of free movement

• Social security for Community migrant workers

• Co-ordination of provisions for special treatment for foreign nationals

(right of establishment)

C H A P T E R 3 : T H E E U R O P E A N P A R L I A M E N T A N D O T H E R B O D I E S

31

• Co-ordination of provisions for right of establishment of self-employed

persons

• Amendment of principles on training and conditions of access for the

professions

• Transport policy – international transport, operating conditions for non-

resident carriers, transport safety

• Transport policy – sea and air

• Customs co-operation

• Social policy – excluding areas needing unanimity in Council such as

rights at the work-place

• Social policy – equal opportunities and treatment

• European social fund – implementing decisions

• Vocational training

• Public health

• Veterinary and phytosanitary measures to protect public health

• Trans-European networks (other measures)

• European regional development fund (ERDF) implementing decisions

• Research measures

• Environment – action to achieve objectives of Article 174, i.e.:

– preserving and protecting the quality of the environment

– protecting human health

– prudent and rational utilisation of natural resources

• Promoting measures at international level to deal with regional or world-

wide environmental problems

• Development co-operation

• General principles for transparency

• Countering fraud against the Community’s financial interests

• Statistics

• Independent advisory authority on data protection


32

The Co-decision Procedure

The Co-decision Procedure, therefore, becomes the normal way of adopting

European Community law, though there are major exceptions such as the Common

Agricultural Policy where the Parliament is merely consulted and where the Council

still votes by unanimity.

Neither the Common Foreign and Security Policy nor Justice and Home Affairs

matters are covered by the Co-decision Procedure.

Parliamentary Committees

The effect of these gradual but substantial increases in the power of the European

Parliament over draft legislation has led to an increase in lobbying activity in and

around the Parliament’s 17 committees.

Parliamentary committees are where most of the work of the Parliament is carried

out, where Commission texts are scrutinised and where amendments are

proposed. Committees, therefore, are of particular interest to pressure groups and

others who wish to influence the shape of European Community legislation.

The committees have cumbersome names and are, therefore, generally referred

to by a four letter acronym. Thus, for example, the Committee on Foreign Affairs,

Human Rights, Common Security and Defence Policy is known by the acronym

AFET. The 17 committees are:

1. Committee on Foreign Affairs, Human Rights, Common Security and

Defence Policy (AFET)

2. Committee on Budgets (BUDG)

3. Committee on Budget Control (CONT)

4. Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs

(LIBE)

5. Committee on Economic and Monetary Affairs (ECON)

6. Committee on Legal Affairs and the Internal Market (JURI)

7. Committee on Industry, External Trade, Research and Energy (INDU)

8. Committee on Employment and Social Affairs (EMPL)

9. Committee on the Environment, Public Health and Consumer Policy

(ENVI)

10. Committee on Agriculture and Rural Development (AGRI)

11. Committee on Fisheries (PECH)


33

12. Committee on Regional Policy, Transport and Tourism (REGI)

13. Committee on Culture, Youth, Education, the Media and Sport (CULT)

14. Committee on Development and Co-operation (DEVE)

15. Committee on Constitutional Affairs (AFCO)

16. Committee on Women’s Rights and Equal Opportunities (FEMM)

17. Committee on Petitions (PETI).

Parliamentary committees hold most of their meetings in Brussels and most of

them meet once or twice a month. Much of the work of committees is reactive

– delivering reports and opinions on the Commission’s legislative proposals,

agreeing papers, discussion documents, etc. However, there are arrangements

for what are known as ‘own initiative reports’ where a committee will produce

a report on a topic often inviting the Commission to draft a legislative proposal

based on the Parliament report. This is the first step towards the European Parlia-

ment having the power to initiate legislation using Article 192 of the Amsterdam

Treaty stating:

‘The European Parliament may, acting by a majority of its members,

request the Commission to submit any appropriate proposal on matters

on which it considers that a Community Act is required for the purpose

of implementing this Treaty.’

The President of the Commission, Mr Prodi, has underlined his willingness to

take the utmost account of requests by Parliament under Article 192 to the Commis-

sion to submit legislative proposals.

A list of British MEPs will be found at Annex 7(iii).

The British members and terms of reference of the 17 committees appear at

Annexes 7(iv) and 7(v).

Composition and profile

With 626 Members sitting in political, not national, groups, the political balance

in the European Parliament is important with the Parliament’s newly increased

powers after Amsterdam. In the Co-decision Procedure, Parliament can override

the Commission and the Council if it votes by an absolute majority of all of its

Members, i.e. 314 or more. Since no one political group has an overall majority,

there is a much greater emphasis on consensus and inter-party agreements than

is the case in the British Parliament. There is much greater sharing of committee

presidencies and vice-presidencies (chairmanships and vice-chairmanships).


34

Similarly, appointments of ‘rapporteurs’ and ‘draftsmen’ are allocated propor-

tionately to the representation of each political group in each committee.


35

626Total

26Independents

16European Democracies and Diversities Group (includes 3 UKIPMEPs)

31Union for a Europe of Nations Group

42European United Left Group

48Green Group (includes 2 British Green, 2 SNP and 2 Plaid CymruMEPs)

50European Liberal, Democratic and Reformist Group (includes10 British Lib Dems)

180Group of Party of European Socialists (includes the 29 BritishLabour MEPs)

233Group of European People’s Party and European Democrats(includes the 36 British Conservatives as allied members)

No of MEPsPolitical Groups in the European Parliament

Of prime political importance are the ‘co-ordinators’ in each of the Committees.

The ‘Co-ordinator’ is the spokesperson for their political group and draws up the

Group’s voting list both in Committee and Plenary. A list for the main groups will

be found at Annex 7(iii). The Political Groups are supported by their own secre-

tariats with a senior official advising Committee members. They are temporary

political appointees and not to be confused with the permanent officials of the

Committee secretariat.

Rapporteurs and draftsmen

Many Commission proposals will be of interest to more than one parliamentary

committee. In such a case there will be one committee which leads and others

which will give opinions. The lead committee appoints a rapporteur. The commit-

tees offering opinions will each appoint a draftsman. (In the case of the annual

budget procedure, all committees put forward their recommendations as opinions

to the budget committee, the lead committee.)

There is a variation under something known as the ‘Hughes procedure’ (after a

British MEP who invented it) whereby two committees will appoint joint rappor-

teurs who are supposed to work together to produce a coherent parliamentary

opinion.

Parliamentary questions

Every plenary session of the European Parliament, except in exceptional circum-

stances, will include a period for questions to both the Council (answered by

the President-in-Office) or to the Commission. ‘Oral’ questions are mainly used

for making a political point or highlighting an issue. They can be very useful to

interest groups and many parliamentary questions have obviously been drafted

for MEPs by third parties who have a specific concern.

‘Written’ questions are a more appropriate way of eliciting information, some of

it very detailed. Written questions to the Commission and the Council should

be answered within six weeks. The questions and answers are published in the

OJ. (Past parliamentary questions published in the OJ are an invaluable research

resource for the lobbyist.)

The European Parliament and the Budget

The annual budgetary procedure under which the Commission makes proposals,

but Parliament and the Council co-decide as what is known as the ‘budgetary

authority’, provides an opportunity for interest groups, especially non-governmental

organisations (NGOs), to try to get a reference to themselves or their spheres of

activity in the budget. This may not be as specific as a sum of money but can be

an amendment to the ‘remarks’ section. Most expenditure comes under the Commis-

sion budget and, in theory, the Commission is not entitled to make a spending

decision without reference to a particular ‘budget line’. Each budget line is accom-

panied by ‘remarks’ which is where interest groups can hope to get their activities

provided for. As each of the seventeen parliamentary committees makes its own


36

recommendation for spending, the budget draftsmen for those committees are

important contacts.

Parliament, through its budgetary control committee and other committees, monitors

the implementation of the budget.

Spending is kept within an overall ceiling as a result of an inter-institutional agree-

ment lasting five years. As long as spending is kept within that ceiling, it avoids

the Parliament rejecting the whole budget. Broadly speaking the Council has the

last word on what is called compulsory expenditure, which accounts for about

half the budget and arises from specific spending commitments in treaties or adopted

in accordance with them. By far the biggest element in this category are the Common

Agricultural Policy and what are generically known as ‘the structural funds’.

Parliament has the last word on ‘non-compulsory expenditure’ within a maximum

rate of increase fixed annually in agreement with the Council. The current Inter-

Institutional Agreement of 6 May 1999 between the European Parliament, the

Council and the Commission on budgetary discipline and improvement of the

budgetary procedure establishes a ceiling on expenditure of a maximum of 1.27%

of GDP right up to the year 2006*.

Parliamentary Committees of Inquiry and committee public hearings

Article 193 of the Amsterdam Treaty allows the European Parliament, at the request

of a quarter of its Members, to set up a temporary Committee of Inquiry to inves-

tigate alleged contraventions or maladministration in the implementation of

Community law (except those already sub judice). The first use of this power

was when the Parliament set up a Committee of Inquiry into the BSE crisis.

Rule 166 of the European Parliament’s Rules of Procedure** provides for a committee

to organise a public hearing of experts if it considers such a hearing essential to

the effective conduct of its work on a particular subject. These hearings can provide

an opportunity for interest groups to provide ‘experts’ and to follow what goes

on at them. This is essential for lobbyists as the outcome of these experts’ hearing

may influence the committee’s amendments to a Commission proposal.


37

*Official Journal (OJ) Number C172, 18.06.99.

**Official Journal (OJ) Number C202, 02.08.99.

The Co-decision Procedure

Committeeof the

regions

Council of Ministers

European Commissionsubmits draft proposal

Economicand SocialCommittee

1

If the Council agrees withthe Parliament’s amendments,

or if no amendments, the Councilmay adopt the legislation

2

Otherwise the Counciladopts a common position

which is referred backto the Parliament

European Parliament(2nd Reading)

1

Parliament accepts common position or fails

to reach a decision

2

Parliament rejects commonposition by absolute majority

3

Parliament amends commonposition by absolute majority

Council of Ministers European Commission

1

Council approves Parliament’samendments (must be by unanimity in case

of amendmentsrejected by Commission)

2

Council convenes jointCouncil/Parliament

Conciliation Committee

1

Committee agrees jointtext, endorsed by Council

and Parliament

2

Committee fails to agree

European Parliament(1st Reading)

Legislation adopted

Legislation adopted

Legislation not adopted

Legislation adopted

Legislation not adoptedLegislation adopted


38

The Council, the Commission and the European Parliament have updated the

practical arrangements for the co-decision procedure in the light of Article 251

of the Treaty of Rome*.

The first reading on Commission proposals under co-decision allows not only

the European Parliament but also the Economic and Social Committee (ECOSOC)

and the Committee of the Regions to propose amendments. All three vote at first

reading by simple majority. If the Council agrees the Parliament’s amendments,

or there are none, the proposal is adopted. The joint declaration aims to arrive

at a situation where as many proposals as possible can be adopted at first reading.

The Commission is committed to facilitating that.

The Parliament’s second reading is based on a ‘common position’ arrived at by

the Council by qualified majority voting (QMV). The Council is required to explain

to the Parliament the reasons that have led it to adopt the common position and

the reasons for rejection (if any) of Parliament amendments. The Commission’s

role at second reading is to facilitate contacts between the Parliament and the

Council with a view to reconciling their two positions.

The Parliament has three choices at second reading. It can EITHER accept the

common position in which case the position is adopted. (Alternatively, if the Parlia-

ment fails to reach a decision within the agreed time limit, the legislation is adopted

anyway.) OR, the Parliament may reject the common position by an absolute

majority of its Members. In that case the legislation is not adopted. OR Parlia-

ment amends the common position by an absolute majority of its Members (314

or more).

If the Parliament amends the common position by an absolute majority, the Council

has two choices: EITHER to approve Parliament’s amendments in which case the

legislation is adopted. OR to convene a joint Council/Parliament conciliation

committee. Such a conciliation committee is chaired jointly by the President of

the European Parliament and the President-in-Office of the Council. The Concil-

iation Committee has to approve a joint text within six weeks. If either the Council

or the Parliament fails to approve within that period, the proposed legislation is

not adopted.


39

*Joint declaration on practical arrangements for the new co-decision procedure (Article 251 of the Treaty estab-lishing the European Community) the full text is reproduced at Annex 8.

Amendments to the Council’s common position

Apart from the requirement for an absolute majority of its Members to amend a

common position, the Parliament Rules of Procedure only allow an amendment

if it:

• restores wholly or partly the position adopted by the Parliament at its

first reading

• is intended to reach a compromise between the Council and Parliament

• amends a part of the text of a common position which was not included

in or differs in content from the Commission proposal at first reading

• takes account of a new fact or legal situation which has arisen since

the first reading.

(European Parliament Rules of Procedure, Rule 80)

European Parliament Plenary Session Dates – 2000

Strasbourg

17-21 January

14-18 February

13-17 March

10-14 April

15-19 May

13-16 June

03-07 July

04-08 September

02-06 October

23-27 October

13-17 November

11-15 December

Brussels

02-03 February

01-02 March

29-30 March

03-04 May

20-21 September

29-30 November


40

4chapter

The different kinds of European Community Law

T H E E C O N O M I C A N D S O C I A L C O M M I T T E E

T H E C O M M I T T E E O F T H E R E G I O N S

T H E C O U R T O F J U S T I C E O F T H E E U R O P E A N C O M M U N I T I E S ( E C J )

O T H E R B O D I E S

T H E D I F F E R E N T K I N D S O F E U R O P E A N C O M M U N I T Y L AW

Chapter 4:The different kinds of European Community Law

The Economic and Social Committee

The Economic and Social Committee, generally known by its acronym, ECOSOC

or as the ESC, brings together representatives of trade unions, employers and other

interest groups. It was set up in 1957 by the Treaty of Rome, the agreement which

gave life to the EEC.

The members of ECOSOC

ECOSOC consists of 222 members with the following nationality breakdown:

24 United Kingdom

24 Germany

24 France

24 Italy

21 Spain

12 Belgium

12 Greece

12 The Netherlands

12 Portugal

12 Austria

12 Sweden

9 Denmark

9 Finland

9 Ireland

6 Luxembourg

Members of ECOSOC are appointed to serve a four year term. The appointments

are made by the Council on the recommendation of Member States’ governments.

ECOSOC involves the various social and economic interest groups in the estab-

lishment of the common market. Employers’ representatives are in group 1.

Workers’ representatives are in group 2. Other interest groups such as consumers,

environmentalists, farmers, the professions and the co-operative and self-help sector

are in group 3.


42

The principal policy areas of ECOSOC

The principal policy areas on which ECOSOC has to be consulted are:

• Agriculture and fisheries

• Industry and commerce

• Financial and monetary questions

• Social and cultural affairs

• Transport and communications

• Trade and development policy

• Nuclear and research

• Regional development

• Environment

• Consumer affairs.

This list is by no means exhaustive as the ECOSOC can offer opinions on any other

policy area covered by the treaties either on its own initiative or when requested

by the Council, Parliament or the Commission. Generally, it will produce its opinion

on a Commission proposal in advance of the European Parliament. The Parliament

is supposed to give due weight to the conclusions of ECOSOC. As the European

Parliament does most of its work in committee, so the ECOSOC does most of its

work in sections. There are currently six:

1. Section for the single market, production and consumption

2. Section for transport, energy, infrastructure and the information society

3. Section for agriculture, rural development and the environment

4. Section for economic and monetary union and economic and social

cohesion

5. Section for employment, social affairs and citizenship

6. Section for external relations.

The Economic and Social Committee’s opinions are produced by rapporteurs and

draftsmen. In contrast to the European Parliament, however, an ECOSOC rappor-

teur may make use of the services of an ‘outside expert’. There is nothing in the

rules to prevent such an expert being associated with an activity over which the

Commission is making a proposal.

When vacancies occur in the membership replacements are nominated by Member

States and approved by the Council.

Annex 9 lists the current British Members of the Economic and Social Committee.

C H A P T E R 4 : T H E D I F F E R E N T K I N D S O F E U R O P E A N C O M M U N I T Y L A W

43

The Committee of the Regions

The Members

The Committee of the Regions of the European Union, to give it its full title, was

created by the Treaty on European Union (Maastricht). Like the Economic and

Social Committee, it has 222 members with the same nationality breakdown. In

addition to the 222 full members of the COR, there are also 222 ‘alternates’.

The members who serve for a four year term are proposed by their Member States.

Appointed from local and regional bodies, some are outstanding figures in polit-

ical life and are, for example, regional presidents, mayors of large cities and heads

of local authorities. Such people are professional politicians and are able to bring

to the deliberations of the COR a high level of knowledge and experience as well

as substantial staff assistance from their home authorities. (The British members

of the COR unfortunately do not enjoy the same level of support.) The Treaty on

European Union lays down that the Council and Commission must consult the

COR in policy areas which have implications for the regions. These include educa-

tion, youth, culture, public health, trans-european transport, telecommunications

and energy networks and economic and social cohesion.

The policy areas of COR

The Treaty of Amsterdam extended the range of areas on which the COR had to

be consulted to include employment, the environment, social affairs, transport

in general, vocational training and arrangements for implementing public health

and social fund measures. Like the ECOSOC, the COR can take up issues on its

own initiative and deliver opinions on them.

Like the Parliament and ECOSOC, the COR appoints rapporteurs and draftsmen

for its ‘commissions’. These are:

• Regional policy, structural funds, economic and social cohesion, cross-

border and inter-regional co-operation

• Agriculture, rural development, fisheries

• Trans-European networks, transport, information society

• Spatial planning, urban issues, energy, the environment

• Social policy, public health, consumer protection, research, tourism

• Employment, economic policy, single market, industry, small and medium

enterprises (SMEs)


44

• Education, vocational training, culture, youth, sport, citizens’ rights

• Institutional affairs.

Composed as it is of local and regional politicians, the COR operates politically

and its members are serviced by political group secretariats.

A consultative body, the Committee of the Regions, contributes to the work of

the European Community through its opinions to the Commission, the Council

and the European Parliament.

Annex 10 lists the current British members of the Committee of the Regions.

The Court of Justice of the European Communities (ECJ)

The ECJ is based in Luxembourg and is composed of 15 judges and 9 advocates-

general. A Court of First Instance was attached to it as a result of the Treaty of

Maastricht. The Court of First Instance is composed of 15 judges. Members of both

courts are appointed for a term of six years by common accord of the governments

of the Member States.

The role of the Court is to ensure that European Community law is observed in

the interpretation and application of the Treaties, a full list of which will be found

in Annex 2.

The Court may declare that a Member State has failed to fulfil its obligations under

the treaties. If so, that Member State would be expected to take the necessary

measures to comply with the judgment of the Court. Under the Treaty of Maastricht,

non-compliance with a court judgement could lead to a further action being brought

before the Court which may impose a fine or penalty on the Member State

concerned.

The Court of Justice is also empowered to review the legality of acts adopted by

other institutions. Similarly, other institutions or Member States or, in some circum-

stances, natural or legal persons, may bring an action for annulment. Natural or

legal persons, however, must bring their actions before the Court of First Instance

(CFI). National courts or national tribunals may request the Court of Justice to

give a preliminary ruling on the interpretation of the treaties especially in cases

where a Member State may have erroneously implemented a European directive.

The increasing number of these referrals is adding substantially to the workload

of the Court.


45

The CFI has jurisdiction over actions brought by natural or legal persons such as

staff employed by the institutions. There is a right of appeal to the Court of Justice

on points of law only. The CFI’s terms of reference do not permit it to deal with

questions submitted by national courts for a preliminary ruling. The CFI also deals

with cases concerning the EU’s competition policy and intellectual property.

The Court of Justice and the Court of First Instance are the last resort for any

organisation, interest group or pressure group to attempt to challenge any European

Community directive or regulation. Any such action, however, would have to show

that the legal base of the legislation was inadequate or that an essential proce-

dural requirement had been ignored.

Other bodies

There are a number of other bodies whose role is important but who would not

normally be considered to be ‘lobbyable’ by interest or pressure groups. They are:

1. The European Court of Auditors

The European Court of Auditors functions as a corporate body. It consists of 15

members appointed for a six year period by the Council of the European Union

acting unanimously following consultation of the European Parliament. Members

of the Court of Auditors may serve more than one term. The members of the Court

of Auditors elect one of their colleagues for a three year term to act as president.

The president of the Court of Auditors represents the Court in its relations with

other bodies such as the Parliament or the Commission and with audit bodies in

Member States.

The Court has to be consulted prior to the adoption of legislation concerning

financial regulations. Other Community bodies like the European Parliament, the

Economic and Social Committee and the Committee of the Regions may ask it

to give opinions on specific matters.

2. The European Central Bank

Set up by the Treaty on European Union (Maastricht), the European Central Bank

is based in Frankfurt. Its principal role is to oversee the successful launch of the

Euro, a process which culminates on the 1 January 2002 with Euro coins, notes

and other financial instruments becoming legal tender. The European Central Bank

with the representatives of the national central banks of the Member States partic-


46

ipating in the Euro form the European System of Central Banks (ESCB). Its basic

tasks are:

• to define and implement the policy of the Community

• to conduct foreign exchange operations

• to hold and manage the official foreign reserves of the Member States

• to promote the smooth operation of the payment systems.

Additionally, the ESCB through the competent national authorities, oversees the

prudential supervision of credit institutions and the stability of the financial system.

As the finance ministers of some Member States of the Euro zone have discov-

ered, the European Central Bank is not ‘lobbyable’!

3. European Investment Bank (EIB)

Based in Luxembourg, the EIB is the European Union’s financing institution. Its

shareholders are the fifteen Member States of the Union who contribute to its

capital. Its function is to provide long-term loans and support capital investment

in projects which make a contribution towards achieving EU policy objectives.

The EIB also has a role in the development aid policies of the European Union

in over 100 countries throughout the world, providing finance for projects in

Central and Eastern Europe, the Mediterranean region, Africa, the Caribbean and

the Pacific, South Africa, Latin America and Asia.

4. European Investment Fund (EIF)

Set up in June 1994 the EIF is also based in Luxembourg. It is a financial agency

whose purpose is to provide guarantees principally in support of private and semi-

public major infrastructure projects in transport, telecommunications and energy

which are part of the trans-european networks. It also provides guarantees for assis-

tance to small and medium sized enterprises (SMEs) and can take equity

participations in venture capital funds or other bodies which finance SMEs.

5. European Ombudsman

Not strictly speaking ‘lobbyable’, the European Ombudsman, however, has a useful

role in conducting enquiries into complaints made by any natural or legal person

residing in or having its registered office in a Member State.


47

The office of the European Ombudsman is in the European Parliament building

in Strasbourg. With his staff his task is to investigate and report on maladminis-

tration in the institutions and bodies of the European Community, i.e. the European

Commission, the Council, the Parliament and the Court of Auditors. Only the Court

of Justice and the Court of First Instance fall outside his jurisdiction.

The different kinds of European Community Law

It is technically incorrect to talk of ‘European Union law’. The European Court

of Justice and the Court of First Instance interpret European Community (EC)

law, not EU law. It is another area where confusion arises because of the incor-

rect assumption that the terms EU and EC are synonymous or interchangeable.

There are three different sources of European Community law. These are:

1. Primary legislation – the treaties (see Annex 2) and other agreements

possessing similar status.

2. Secondary legislation – the directives, regulations, decisions, and recom-

mendations with legal authority (legal base) arising from the treaties.

3. Case law of the European Court of Justice and the Court of First Instance.

The ‘acquis communautaire’ is the phrase generally used, even in English, to refer

to the body of law emanating from those three sources.

Primary legislation results from direct negotiations between Member States. They

are agreements in the form of treaties and require the unanimous agreement of

the Council. They do not take effect until ratified by the parliaments of all fifteen

Member States. This can be a lengthy process as in some Member States the consent

of their citizens is required by means of a referendum.

Secondary legislation may be directives, regulations or decisions. They all require

justification by a treaty article (the legal base). Directives are the most important

type of secondary legislation. They set out the objectives to be achieved and lay

down general principles and a deadline. Those covering a whole area of policy

are normally known as ‘framework’ directives.

Contrary to popular belief, directives are not addressed to bodies corporate or

individuals so, unlike an Act of Parliament, they are not binding on anyone except

the Member States who are expected to implement the directives according to

the methods most commonly used in each country. In the United Kingdom, the

most common form of implementing directives into United Kingdom law is via

Statutory Instruments drawn up under Section 2(2) of the European Communi-

ties Act of 1972.


48

Only occasionally does an EEC directive require an amendment to UK primary

legislation (Acts of Parliament).

It is directives which generate the most intensive lobbying activity in Brussels and

Strasbourg. With the increase in co-decision between the European Parliament

and the Council, the Parliament in particular has become the place in which interest

and pressure groups try to make their point at the stage when a draft directive

begins its progress. Lobbyists who know their job avoid overloading members of

the European Parliament with lengthy and closely argued documents. MEPs have

limited spans of attention and the shorter the document the more likely it is to

be read.

Regulations

Regulations are drawn up by the Commission using powers delegated to it by the

relevant directive. Regulations will generally have as their legal base a directive

which in its turn will have as its legal base an article of one of the treaties.

The Commission does not operate on its own. Regulations are drawn up by commit-

tees of representatives of Member States who may be either national ‘experts’ or,

most often, national civil servants. The way in which these committees work and

their membership is not at all transparent. They meet behind closed doors and

publish no minutes. The European Parliament has been trying for some time to

open them up at least to some form of parliamentary scrutiny.

The system of drawing up regulations by committee is known as ‘comitology’ and

arises from an agreement in 1987 between the Commission and the Council to

which the Parliament was not a party*. There were half a dozen different ways in

which regulations could be drawn up. The Council and the Commission accept

that this cumbersome system is not satisfactory but its updating is likely to lead

to conflict between the European Parliament and the other two institutions. Commis-

sion and Council amended the comitology practice while the European Parliament

was in recess following its election campaign.**

Though the comitology procedure is not subject to public scrutiny, well-informed

trade associations, pressure groups, interest groups and other lobbyists have their

methods of finding out what has been decided. Some are so well-informed that

they brief civil servants and national experts in advance of committee meetings.


49

*Decision 87/373/EEC.

**Official Journal (OJ) Number C203 17.07.99: Declaration on the Council Decision 1999/463/EC laying downthe procedures for the exercise of implementing powers conferred on the Commission.

Blank page

5chapter

How and whom to lobby

G E T T I N G A P R O P O S A L A P P R O V E D

L O B B Y I N G T H E C O M M I S S I O N

C O M M I S S I O N E R S O R T H E I R O F F I C I A L S ?

C O U N C I L I N V O LV E M E N T – U K R E P

P U B L I C AT I O N O F D R A F T D I R E C T I V E S

T H E PA R L I A M E N TA R Y S TA G E

L O B B Y I N G I N T H E E U R O P E A N PA R L I A M E N T

T H E C O M M I S S I O N ’ S W O R K P R O G R A M M E

R U L E S T O O B S E R V E

Chapter 5:How and whom to lobby

Getting a proposal approved

Contrary to common belief, the European Commission does not spring directives

on an unsuspecting world. The process of getting a proposal approved by both

the Council of Ministers and the European Parliament (in the case of co-decision)

can take a long time. So, there is no excuse for not being prepared.

There are a number of ways in which the Commission signals its intentions. The

alert trade association, pressure group, interest group or lobbyist needs to keep

an eye on the studies for which the Commission regularly invites offers. Always

initiated by one of the directorates-general, the way in which the invitation to

tender is phrased can give a clue to the possible direction in which that direc-

torate-general’s policy planning may be evolving.

The next stage, which may be a year or two later, may well be a Commission green

paper or other form of discussion document communicated to the Council, the

Parliament and increasingly often, to the ECOSOC and to the COR. Interested

parties are invited to submit their comments by a given deadline, sometimes rather

short. The other institutions invariably take their time over their responses.

As part of this discussion procedure, the Commission may hold a conference to

which interested parties are invited. If possible, try to be asked by the Commis-

sion to present a paper. But it is essential to be there if only to hear what other

interest groups have to say so as to be, perhaps, forewarned about the possible

direction in which the Commission’s policy might be steered.

At the same time, the European Parliament may decide to hold a public hearing,

an increasingly frequent occurrence as the Parliament is entitled to do so under

the Maastricht Treaty. The ECOSOC and the COR are also entitled to hold public

hearings. None of them can be ignored.


52

Lobbying the Commission

The Commission in Brussels is very open. Commission officials responsible for

drafting legislation are open to suggestion and advice and the earlier those sugges-

tions and advice are proffered the better. Most Brussels based trade associations

and other interest groups have good relationships with those departments of the

Commission with whom they need to work and are therefore generally consulted

by Commission officials at a very early stage.

The Commission with the Parliament maintains a directory of interest groups listing

all the Brussels based non-profit-making lobbying organisations. Inclusion in it

is essential for being forewarned and consulted. Now available online at http://

europa.eu.int/comm/sg/sgc/lobbies/en/tabledom.htm

The Commission published in 1993 its position on lobbying in its communica-

tion ‘An Open and Structured Dialogue Between the Commission and Special

Interest Groups’. It was accompanied by a statement on ‘Increased Transparency

in the Work of the Commission’.

Commissioners or their officials?

As a general rule, it is not a sensible tactic to make a head-on approach to the respon-

sible Commissioner nor, indeed, to a director-general. The drafting of a directive

is the responsibility of Administrative Grade officials who do not take kindly to

lobbyists trying to bypass them or go over their heads. It is much better to estab-

lish a good relationship with those responsible, something which can be created

by showing them that you have understood their thinking and policy objectives.

Council involvement – UKREP

Inevitably, representatives of Member States are involved in the drafting of direc-

tives since many of them arise from requests from the Council. The United Kingdom

permanent representation to the European Union (known as UKREP) is a very

useful guide as to who to speak to at the European Commission and which British

officials are involved in the drafting process and Council Working Parties.

UKREP is a very valuable resource for British interests.

C H A P T E R 5 : H O W A N D W H O M T O L O B B Y

53

Publication of draft directives

Before a draft directive is published in the Official Journal (C series) it has to be

formally adopted by the collegiate body of 20 Commissioners. A draft can go

through several revisions before finally being adopted by the Commission and

then sent to the European Parliament, the Economic and Social Committee and

the Committee of the Regions. Even then the process of modification and ‘improve-

ment’ continues in parallel with this consultation. It is essential to keep up with

that process and it requires good contacts in the Commission, UKREP and the

British civil service.

The parliamentary stage

After the coming into force of the Amsterdam Treaty, an increasing number of draft

directives are subject to co-decision between the Parliament and the Council. As

the Parliament can now amend directives under the co-decision procedure, the

two principal parliamentary stages are of vital importance, especially the first reading.

The responsible committees, their rapporteurs and draftsmen are key figures. On

a controversial proposal, they will be subjected to intense lobbying pressure. They

do not work alone, however, all of the European Parliament’s committees have

well qualified staff, one of whom will be allocated to each of the rapporteurs and

draftsmen to assist them in their task. They can be very helpful and should be sent

copies of any communications with the members. (Some members will depend

very much on the committee staff member allocated to help them.)

The same advice applies to the Economic and Social Committee and also the

Committee of the Regions, where they are consulted by the Commission about

a draft directive.


54

Lobbying in the European Parliament

The European Parliament Rules of Procedure* include in the Code of Conduct,

Rule 9(2) the provision that:

The Quaestors shall be responsible for issuing nominative passes valid

for a maximum of one year to persons who wish to enter Parliament’s

premises frequently with a view to supplying information to Members

within the framework of their Parliamentary mandate in their own

interests or those of third parties.

In return these persons shall be required to:

• respect the Code of Conduct published as an annex to the Rules

of Procedure;

• sign a register kept by the Quaestors.

This register shall be made available to the public on request in all

of the Parliament’s places of work and, in the form laid down by the

Quaestors, in its information offices in the Member States.

The Code of Conduct referred to above appears at Annex 11 to this Guide. (It is

Annex IX to the Parliament’s Rules of Procedure.)

The Commission’s work programme

Each year the Commission is required to submit to the Council, the Parliament

and other institutions, its work programme for the forthcoming year. This will

generally be a list of likely policy initiatives such as green papers, discussion

documents and draft directives. It will also include an approximate timetable

showing in which quarter the Commission proposes to table each item. In the

case of draft directives, when they are foreshadowed in the Commission annual

work programme, a great deal of preparatory work will have been done already.

It is almost too late to wait until that stage to influence the Commission’s drafting.


55

*OJL 202 02.08.99.

Rules to observe

There are some basic rules which everyone needs to bear in mind in trying to

influence decisions in Brussels and Strasbourg. While not guaranteed to achieve

one hundred per cent success, they should be borne in mind in preparing a case.

The basic rules are:

• Get in early – try to anticipate the Commission’s future thinking by

keeping an eye on tender invitations and by cultivating officials in British

government departments and in UKREP.

• Try to understand what is wanted – the Commission cannot push

through directives without the agreement of the Council and, in the

case of co-decision, the Parliament as well.

• Work with others – look for allies. With co-decision, draft directives

create a need for coherent lobbying. An example of incoherent lobbying

in recent years is the draft directive on internet copyright when numerous

trade and industry bodies and other pressure groups lobbied separately.

Many of them would have been better off and carried more weight if

they had been able to work together. Officials, parliamentarians and

Members of the Economic and Social Committee and Committee of the

Regions, get very frustrated when more than one pressure group says

more or less the same thing but in different words. It only leads to horrible

confusion.

• Don’t be negative – pressure groups simply cannot turn their back

on the process and hope that draft directives will go away. They do

occasionally go away but only after a very long time. Others, such as

the 5th European company law draft directive have been under discus-

sion since 1972!

• Attention to detail – the saying ‘the devil is in the detail’ is one to bear

in mind. Often it is the detail of draft directives (such as annexes laying

down technical specifications) which leads to ‘the law of unintended

consequences’. Officials and parliamentarians will be grateful to anyone

who can help them to avoid making fools of themselves.

Attention to detail also means making sure that you are following all

developments throughout the full co-decision procedure.

• Use UKREP – the United Kingdom permanent representation is a

valuable British resource. Its staff are always helpful and regard it as

their job to get the best possible deal for Britain. Within the limits of

their professional obligation to be impartial, as between one British

interest and another, they can be very helpful in keeping you informed


56

about what is going on and even on occasion be prepared to make sugges-

tions as to tactics. It is a part of their job always to be absolutely up-to-date

with the progress of a piece of draft legislation as it makes it way through

the Brussels process.

• Use British representatives – British MEPs, members of ECOSOC and

of the COR. They are there to serve British interests, irrespective of the

political party to which they belong in the United Kingdom. British

Members of lead committees, especially British rapporteurs and

draftsmen, are therefore important contacts.


57

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1annex

Acronyms and abbreviations

Annex 1:Acronyms and abbreviations


60

NIIndependents

EAEuropean Alliance (in the Committee of the Regions)

EDDEurope of Democracies and Diversities

UENUnion for a Europe of Nations

EUL/NGLEuropean United Left/Nordic Green Group

VERTS/ALEGreens/European Free Alliance

ELDREuropean Liberal, Democratic and Reformist Party

PESParty of European Socialists

EPP/EDEuropean People’s Party (Christian Democrats and EuropeanDemocrats)

Political Groups in the European Parliament

26LLuxembourg

421AAustria

422SWSweden

316SFFinland

525PPortugal

315IRLIreland

531NLNetherlands

525BBelgium

316DKDenmark

525GRGreece

864ESSpain

1087IItaly

1087FRFrance

1099DGermany

1087UKUnited Kingdom

No of Votes in CouncilNo of MEPsAbbreviationsMember States

A N N E X 1 : A C R O N Y M S A N D A B B R E V I A T I O N S

61

PETIPetitions

FEMMWomen, etc

AFCOConstitutional

DEVEDevelopment, etc

CULTCulture, etc

REGIRegional, etc

PECHFisheries

AGRIAgriculture, etc

ENVIEnvironment, etc

EMPLEmployment, etc

INDUIndustry, etc

JURILegal Affairs, etc

ECONEconomic, etc

LIBECitizens’ Freedoms, etc

CONTBudgetary Control

BUDGBudgets

AFETForeign Affairs

Committee Abbreviations


62

European Investment BankEIB

European Free Trade AreaEFTA

European Economic CommunityEEC

European Coal and Steel CommunityECSC

Economic and Social CommitteeECOSOC & ESC

Economic and Finance CouncilECOFIN

European Court of JusticeECJ

European Central BankECB

European CommunityEC

European Agricultural Guidance & Guarantee FundEAGGF

European Atomic Energy Community (Euratom)EAEC

Directorate General or Director GeneralDG

Co-operation, Scientific and Technical ResearchCOST

Committee of Permanent RepresentativesCOREPER

Committee of the RegionsCOR

Common Foreign Security PolicyCFSP

Court of First InstanceCFI

Cohesion FundCF

Compact Disc – Read Only MemoryCD-ROM

Common Agricultural PolicyCAP

Africa, the Caribbean and the PacificACP


63

Tenders Electronic DailyTED

Community Initiative for the Restructuring of the Fisheries SectorPESCA

Official Journal Legislative textsOJL

Official Journal, C Series, Electronic in formationOJCE

Commission Proposals and General InformationOJ-C

Official JournalOJ

Legislative Observatory, part of the European Parliament websiteOEIL

Organisation for Economic Co-operation and DevelopmentOECD

Joint Research CentreJRC

Justice and Home AffairsJHA

Joint European TorusJET

International Thermonuclear Experimental ReactorITER

Financial Investment for Fisheries GuidanceFIFG

European Police OfficeEUROPOL

European UnionEU

European Social FundESF

European System of Central BanksESCB

European Regional Development FundERDF

Economic Policy Co-operationEPC

European Parliament EP

European Investment FundEIF


64

Western European UnionWEU

United Kingdom Permanent Representation to the European UnionUKREP

World Trade OrganisationWTO


65

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2annex

The Treaties


68

Refined the budgetary procedureto give the European Parliamentmore power and set up the Courtof Auditors

1978

Treaty amending certain FinancialProvisions of the Treaties estab-lishing the EuropeanCommunities (and of the MergerTreaty) (1975)

Laid down a new procedure for setting the Budget and introduced the system of ‘ownresources’

1971

Treaty amending certainBudgetary Provisions of theTreaties establishing theEuropean Communities (and ofthe Merger Treaty) (Treaty ofLuxembourg, 1970)

Amended the ECSC, EEC andEuratom Treaties to create aCouncil and a Commissionserving all three Communities

July1967

Treaty establishing a SingleCouncil and a Single Commissionof the European Communities(Merger Treaty, 1965)

A sector-specific treaty of limitedapplication

1958European Atomic Energy Commu-nity (EAEC or Euratom) Treaty(also signed in Rome, 1957)

Concluded on the model of theECSC Treaty but with a muchbroader range of objectives; themost important of the Treaties

1958European Economic Community(EEC) Treaty (Treaty of Rome,1957)

Concluded for 50 years amongstthe six on the basis of theSchuman plan

1952European Coal and SteelCommunity (ECSC) Treaty (Treatyof Paris, 1951)

SummaryIn forceTreaty

Annex 2:The Treaties

A N N E X 2 : T H E T R E A T I E S

69

Amended the Maastricht Treatyand the EEC Treaty; extended co-decision; added new provisionson social policy; the Schengenacquis EEC Treaty; created‘constructive abstention’;strengthened transparency

May1999

Treaty of Amsterdam (1997)

Established the European Union;amended and expanded the EECTreaty; created the co-decisionprocedure; created ‘pillars’ ofCommon Foreign and SecurityPolicy (CFSP) and Co-operation inthe Fields of Justice and HomeAffairs (JHA)

Nov1993

Treaty on European Union(Maastricht Treaty, 1992)

Amended and expanded the EECTreaty (most importantly byextending the scope of qualifiedmajority voting) and laid downnew procedures for foreign policyco-operation

July1987

Single European Act (1986)

The basis for the first (1979) andsubsequent European elections

1978

Act concerning the election of therepresentatives of the EuropeanParliament by direct universalsuffrage (European Elections Act,1976)

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3annex

Council decision

R U L E S O F P R O C E D U R E O F T H E C O U N C I L

A N N E X I

A N N E X I I


72

*OJL 147 of 12.6.99 and corrigenda OJL 215 of 24.9.99.

Annex 3:Council decision*

of 31 May 1999 adopting the Council’s Rules of Procedure

(1999/385/EC, ECSC, Euratom)

The Council of the European Union,

Having regard to the Treaty establishing the European Community, and in partic-

ular Article 207(3), first subparagraph,

Having regard to the Treaty establishing the European Coal and Steel Commu-

nity, and in particular Article 30(3) thereof,

Having regard to the Treaty establishing the European Atomic Energy Commu-

nity, and in particular Article 121(3) thereof,

Has decided as follows:

Sole Article

The Rules of Procedure of the Council of 6 December 1993 (93/662/EC), as amended

on 6 February 1995 and 7 December 1998, shall be replaced by the following,

which shall enter into force on 1 June 1999.

Rules of Procedure of the Council

Article I

Notice and venue of meetings

1. The Council shall meet when convened by its President on his own

initiative or at the request of one of its members or of the Commission.

2. The President shall make known the dates which he envisages for

meetings of the Council during his period of office as President, seven

months before the beginning thereof.

3. The Council shall have its seat in Brussels. During the months of April,

June and October, the Council shall hold its meetings in Luxembourg.

In exceptional circumstances and for duly substantiated reasons, the

Council or the Permanent Representatives Committee (Coreper), acting

unanimously, may decide that a Council meeting will be held elsewhere.

Article 2

Agenda

1. 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.

2. 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 begin-

ning of that meeting.

The provisional agenda shall also indicate the items on which the Presi-

dency, a member of the Council or the Commission may request a vote.

3. Items relating to the adoption of an act or a common position on a legisla-

tive proposal or a proposal for a measure to be adopted under Title VI

of the EU Treaty shall not be placed on the provisional agenda for a

decision until the six-week period provided for in point 3 of the Protocol

on the role of national parliaments in the European Union has elapsed.

The Council may unanimously derogate from the six-week period where

the entry of an item is subject to the exception on grounds of urgency

provided for in point 3 of that Protocol.

A N N E X 3 : C O U N C I L D E C I S I O N

73

4. Only items in respect of which documents have been sent to the

members of the Council and to the Commission by the date on which

the provisional agenda is sent may be placed on that agenda.

5. The General Secretariat shall transmit to the members of the Council

and to the Commission requests for the inclusion of items in the agenda,

documents and indications concerning voting relating thereto in

respect of which the time limits specified above were not respected.

6. 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.

7. The provisional agenda shall be divided into Part A and Part B. Items

for which approval of the Council is possible without discussion shall

be included in Part A, 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.

8. 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 Commis-

sion so requests.

9. Any request for the inclusion of an ‘other business’ item shall, in principle,

be accompanied by an explanatory document.

Article 3

Representation of a Council member unable to attend

Subject to the provisions of Article 9 on the delegation of voting rights, a member

of the Council who is prevented from attending a meeting may arrange to be

represented.


74

Article 4

Meetings and public debates

1. Meetings of the Council shall not be public except in the cases referred

to in paragraph 2.

2. The Council shall hold policy debates on the six monthly work

programme submitted by the Presidency and, if appropriate, on the

Commission’s annual work programme. These debates shall be the subject

of public transmission by audio-visual means.

The Council or Coreper may decide unanimously and on a case-by-case

basis that other Council debates are to be the subject of public trans-

mission by audio-visual means, in particular where they concern an

important issue affecting the interests of the Union or an important new

legislative proposal. To that end, it shall be for the Presidency, any member

of the Council, or the Commission to propose issues or specific subjects

for such a debate.

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.

4. The members of the Council and of the Commission may be accom-

panied by officials who assist them. The number of such officials may

be laid down by the Council.

The names and functions of such officials shall be notified in advance

to the Secretary-General or the Deputy Secretary-General.

5. Admission to meetings of the Council shall be subject to the produc-

tion of a pass.

Article 5

Professional secrecy and production of

documents in legal proceedings

1. Without prejudice to Article 7 and other applicable provisions, the delib-

erations of the Council shall be covered by the obligation of professional

secrecy, except insofar as the Council decides otherwise.

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 been released to the public pursuant to these Rules or the

Council’s rules on public access to its documents.


75

Article 6

Cases where the Council acts in its legislative capacity

The Council acts in its legislative capacity within the meaning of the second subpara-

graph of Article 207(3) of the EC Treaty when it adopts rules which are legally binding

in or for the Member States, by means of regulations, directives, framework decisions

or decisions on the basis of the relevant provisions of the Treaties, with the excep-

tion of discussions leading to the adoption of internal measures, administrative or

budgetary acts, acts concerning inter-institutional or international relations or non-

binding acts (such as conclusions, recommendations or resolutions).

Article 7

Making deliberations public

1. Where the Council acts in its legislative capacity within the meaning

of Article 6, 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 legislative acts, shall be made

public.

The results of votes and explanations of votes shall also be made public

when the Council adopts a common position pursuant to Article 251

or 252 of the EC Treaty. The same rule shall apply for votes and expla-

nations of votes by members of the Council or their representatives on

the Conciliation Committee set up by Article 251 of the EC Treaty.

2. The results of votes and explanations of votes shall also be made public

when the Council establishes a convention on the basis of Title VI of

the EU Treaty. The statements entered in the Council minutes and the

items in those minutes relating to adoption of such conventions shall

be made public by decision of the Council or Coreper, taken at the

request of one of their members.

3. The results of votes shall be made public:

a) when the Council acts pursuant to Title V of the EU Treaty, by a

unanimous Council or Coreper Decision taken at the request of one

of their members;

b) when the Council adopts a common position within the meaning

of Title VI of the EU Treaty, by a unanimous Council or Coreper

Decision taken at the request of one of their members;

c) in other cases, by Council or Coreper Decision taken at the request

of one of their members.


76

When the result of a vote in the Council is made public in accordance

with subparagraphs, (a), (b) and (c), 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 subparagraphs (a),

(b) and (c) shall be made public by Council or Coreper Decision taken

at the request of one of their members.

4. Votes shall not be made public in the case of discussions leading to indica-

tive votes or the adoption of preparatory acts.

Article 8

Public access to Council documents

The detailed arrangements for public access to Council documents shall be adopted

by the Council.

Article 9

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 proce-

dure 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 Article 203 of the EC Treaty and in the corresponding

Articles of the other two Community Treaties, 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 member.

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.


77

Article 10

Written procedure

1. Acts of the Council on an urgent matter may be adopted by a written

vote where the Council or Coreper unanimously decides to use that proce-

dure. 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.

2. Agreement by the Commission to the use of the written procedure shall

be required where the written vote is on a matter which the Commis-

sion has brought before the Council.

3. A summary of acts adopted by the written procedure shall be drawn

up every month.

4. On the initiative of the Presidency, the Council may also act for the purpose

of implementing the common foreign and security policy by means of

the simplified written procedure (COREU). In that case the proposal shall

be deemed to be adopted at the end of the period laid down by the Presi-

dency depending on the urgency of the matter, except where a

member of the Council objects.

5. On the initiative of the Presidency, the Council may also act for the purpose

of deciding to consult other institutions or bodies by means of a stream-

lined written procedure wherever such consultation is required by

Community law. In that case the decision to consult 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.

6. The General Secretariat shall establish that the written procedures have

been completed.


78

Article 11

Minutes

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

be signed by the President-in-Office at the time of such approval and

by the Secretary-General or the Deputy Secretary-General.

The minutes shall as a general rule indicate in respect of each item on

the agenda:

– 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. The draft minutes shall be drawn up by the General Secretariat within

fifteen days and submitted to the Council or to Coreper for approval.

3. 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.

Article 12

Deliberations and decisions on the basis of documents and

drafts drawn up in the languages provided for by the language

rules in force

1. 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.

2. 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 I as he or she may specify.


79

Article 13

Signing of acts

The text of the acts adopted by the Council and that of the acts adopted jointly

by the European Parliament and the Council shall be signed by the President-in-

Office at the time of their adoption and by the Secretary-General or the Deputy

Secretary-General. The Secretary-General and the Deputy Secretary-General may

delegate their signatures to Directors-General of the General Secretariat.

Article 14

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 I, of cases in which, under the Treaties, one or

more members of the Council may not participate in the vote.

Article 15

Publication of acts in the Official Journal

1. The following shall be published in the Official Journal by the Secre-

tary-General or the Deputy Secretary-General:

a) the acts referred to in Article 254(l) and (2) of the EC Treaty;

b) the acts referred to in the first paragraph of Article 163 of the

Euratom Treaty,

c) the common positions adopted by the Council in accordance with

the procedures referred to in Articles 251 and 252 of the EC Treaty,

and the reasons underlying those common positions;

d) the framework decisions and decisions referred to in Article 34(2)

of the EU Treaty;

e) the conventions established by the Council in accordance with

Article 34(2) of the EU Treaty.

Reference shall be made in the Official Journal to the entry into force

of such conventions;


80

f) the conventions signed between Member States on the basis of Article

293 of the EC Treaty.


of such conventions;

g) international agreements concluded by the Community or in accordance

with Article 24 of the EU Treaty.


of such agreements.

2. Unless the Council or Coreper decides otherwise, the following shall

be published in the Official Journal by the Secretary-General or the Deputy

Secretary-General:

a) initiatives presented to the Council by a Member State pursuant

to Article 67(l) of the EC Treaty,

b) initiatives presented to the Council by a Member State pursuant

to Article 34(2) of the EU Treaty;

c) the common positions referred to in Article 34(2) of the EU Treaty;

d) directives other than those referred to in Article 254(l) and (2) of

the EC Treaty, decisions other than those referred to in Article 254(l)

of the EC Treaty and recommendations.

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 Secre-

tary-General or the Deputy Secretary-General of the common strategies,

the joint actions and the common positions referred to in Article 12 of

the EU Treaty.

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 or

the Deputy Secretary-General:

a) the measures implementing the joint actions referred to in Article

12 of the EU Treaty;

b) the joint actions, the common positions or any other decision

adopted on the basis of a common strategy, as provided for in the

first indent of Article 23(2) of the EU Treaty;

c) any measures implementing the decisions referred to in Article 34(2)

of the EU Treaty and any measures implementing conventions drawn

up by the Council in accordance with Article 34(2) of the EU Treaty.


81

5. Where an agreement concluded between the Communities 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 16

Notification of acts

1. Directives other than those referred to in Article 254(l) and (2) of the

EC Treaty and decisions other than those referred to in Article 254(l)

of the EC Treaty shall be notified to their addressees by the Secretary-

General, the Deputy Secretary-General or a Director-General acting on

their behalf.

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

shall be notified to their addressees by the Secretary-General, the Deputy

Secretary-General or a Director-General acting on their behalf:

a) recommendations;

b) the common strategies, joint actions and common positions referred

to in Article 12 of the EU Treaty;

c) the common positions referred to in Article 34(2) of the EU Treaty;

d) measures implementing the acts adopted on the basis of Articles

12 and 34 of the EU Treaty.

3. The Secretary-General, the Deputy Secretary-General or a Director-

General acting on their behalf shall send to the Governments of the

Member States and to the Commission authentic copies of Council Direc-

tives other than those referred to in Article 254(l) and (2) of the EC Treaty

and Council Decisions and recommendations.


82

Article 171

Coreper, committees and working parties

1. Coreper shall be responsible for preparing the work of the Council and

for carrying out the tasks assigned to it by the Council. All items on

the agenda for a Council meeting shall be examined in advance by

Coreper unless the Council 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. In

the event of an emergency, the Council, acting unanimously, may decide

to settle the matter without prior examination.

2. Committees or working parties may be set up by, or with the approval

of Coreper, with a view to carrying out certain preparatory work or

studies defined in advance.

3. Coreper shall be chaired, depending on the items on the agenda, by

the Permanent Representative or the Deputy Permanent Representa-

tive of the Member State which holds the Presidency of the Council.

Unless the Council decides otherwise, the various committees provided

for in the Treaties shall also be chaired by a delegate of that Member

State. The same shall apply to the committees and working parties

referred to in paragraph 2, unless Coreper decides otherwise. For the

preparation of meetings of Council compositions meeting once every

six months and 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 may be chaired by a delegate of the

Member State whose turn it is to chair the said Council meetings.

4. 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 period:

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

or Luxembourg (second subparagraph of Article 1(3));

b) decision that certain Council debates may be transmitted to the

public (second subparagraph of Article 4(2));


83

1 These provisions are without prejudice to the role of the Economic and Financial Committee as resulting fromArticle 114 of the EC Treaty and existing Council Decisions relating to it (OJ L358, 31.12.1998, p.109, and OJL5,1.1.1999, p.71).

c) authorisation to produce a copy of or an extract from a Council

document for use in legal proceedings (Article 5(2));

d) decision to make the results of votes public in the cases laid down

in Article 7(2) and (3);

e) decision to use the written procedure (Article 10(l));

f) approval or amendment of Council minutes (Article 11(2) and (3));

g) decision to publish a text or an act in the Official Journal (Article

15(2), (3) and (4));

h) decision to consult an institution or body,

i) decision setting or extending a time-limit for consultation of an

institution or body;

j) approval of the wording of a letter to be sent to an institution or

body.

Article 182

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.

Article 19

Quality of drafting

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 drafting suggestions to the attention of the Council and its bodies,

pursuant to the inter-institutional Agreement of 22 December 1998.


84

2These provisions are without prejudice to the role of the Economic and Financial Committee as resulting fromArticle 114 of the EC Treaty and existing Council Decisions relating to it (OJ L358, 31.12.1998, p.109, and OJL5, 1.1.1999, p.71).

Article 20

The General Secretariat

1. The Council shall be assisted by a General Secretariat, under the respon-

sibility of a Secretary-General, High Representative for the common

foreign and security policy, who shall be assisted by a Deputy Secre-

tary-General responsible for the running of the General Secretariat. The

Secretary-General and the Deputy Secretary-General shall be appointed

by the Council acting unanimously.

2. The Council shall decide on the Organisation of the General Secretariat.

Under its authority the Secretary-General and the Deputy Secretary-

General shall take all the measures necessary to ensure the smooth

running of the General Secretariat.

3. The Secretary-General or the Deputy Secretary-General shall submit to

the Council the draft estimate of the expenditure of the Council in suffi-

cient time to ensure that the time limits laid down by the financial

provisions are met.

4. In accordance with the provisions of the Financial Regulation referred

to in Article 279 of the EC Treaty and in the corresponding articles of

the other two Community Treaties, the Secretary-General or the Deputy

Secretary-General shall administer the appropriations entered in Section

11 – Council – of the budget.

Article 21

Security

The rules on security shall be adopted by the Council.

Article 22

Duties as depository of agreements and conventions

In the event of the Secretary-General of the Council being designated as deposi-

tory of an agreement concluded in accordance with Article 24 of the EU Treaty

or concluded by the Community and one or more States or international organi-

sations, of a convention concluded between Member States or of a convention

established pursuant to Article 34 of the EU Treaty, the acts of ratification, accep-

tance or approval of those agreements or conventions shall be deposited at the

address of the Council.


85

In such instances the Secretary-General shall perform the duties of a depository

and shall also ensure that the dates of entry into force of such agreements or conven-

tions are published in the Official Journal.

Article 23

Representation before the European Parliament

Subject to special procedures, the Council may be represented by the Presidency

or by any other of its members before the European Parliament or its commit-

tees. The Council may also be represented before those committees by its

Secretary-General, its Deputy Secretary-General or by senior officials of the General

Secretariat acting on instructions from the Presidency.

The Council may also present its views to the European Parliament by means of

a written statement.

Article 24

Provisions concerning the form of acts

The provisions concerning the form of acts are set out in Annex II, page 88.

Article 25

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


86

Annex I

1. In application of the following provisions of these Rules of Procedure

and for decisions 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:

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

other than Brussels or Luxembourg);

b) Article 2(6) (inclusion on the agenda of an item other than those

appearing on the provisional agenda);

c) Article 2(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 4(3), as regards the presence of the European Central Bank

only (deliberation without the presence of the European Central

Bank);

e) Article 7(2) and (3), first subparagraph, points (b) and (c), second

and third subparagraphs (making public the statements in the Council

minutes and items in those minutes relating to the adoption of

conventions established on the basis of Title VI of the EU Treaty;

making public the results of votes, explanations of votes, statements

in the Council minutes and items in those minutes relating to the

adoption of a common position under Title VI of the EU Treaty;

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 3);

f) Article 9(1), second subparagraph (opening of a voting procedure);

g) Article 10(1) (use of the written procedure);

h) Article 12(1) (decision to deliberate and take decisions exceptionally

on the basis of documents and drafts not drawn up in all the

languages);

i) Article 15(2)(a) and (b) (non-publication in the Official Journal of

an initiative presented by a Member State pursuant to Article 67(l)

of the EC Treaty or Article 34(2) of the EU Treaty);

j) Article 15(2)(c) and (d) (non-publication in the Official Journal of

a common position adopted on the basis of Article 34 of the EU

Treaty or certain Directives, Decisions and Recommendations);


87

k) Article 15(4)(c) (publication in the Official Journal of any measures

implementing decisions or conventions referred to in Article 34(2)

of the EU Treaty);

l) Article 15(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 2(8) (possibility of a member of the Council requesting

withdrawal of an ‘A’ item from the agenda);

b) Article 9(i), second subparagraph (possibility of a member of the

Council requesting the opening of a voting procedure);

c) Article 9(3) (possibility of a member of the Council acting on behalf

of another in a vote);

d) Article 12(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).

Annex II

Provisions concerning the form of acts

A. Form of Regulations

1. 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,

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;


88

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 Regula-

tion’, as appropriate, this followed by the enacting terms of the

regulation.

2. Regulations shall be divided into articles, if appropriate grouped into

chapters and sections.

3. The final article of a Regulation shall fix the date of entry into force,

where that date is before or after the twentieth day following publication.

4. The final article of a Regulation shall be followed by:

a) (i)

or

(ii) the words ‘This Regulation shall be binding in its entirety and

directly applicable in the Member States in accordance with

the Treaty establishing the European Community’ in any cases

in which an act is not applicable to, and in, all Member States;

b) the words ‘Done at….’ followed by the date on which the regula-

tion was adopted, and

c) in the case of:

(i) a Regulation adopted jointly by the European Parliament and

the Council, the formula:

‘For the European Parliament

The President

For the Council

The President,’

followed by the name of the President of the European Parliament and

of the President-in-Office of the Council at the time when the regula-

tion is adopted;

(ii) a Council Regulation, the formula:

‘For the Council,

The President’

followed by the name of the President-in-Office of the Council at the

time when the Regulation is adopted.

the words ‘This Regulation shall be binding in its entirety and

directly applicable in all Member States’.


89

B. Form of directives, decisions, recommendations and opinions

(EC Treaty)

1. 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’.

2. Recommendations and opinions issued by the Council shall include in

their tides the word ‘Recommendation’ or ‘Opinion’.

3. The provisions relating to regulations set out in A above shall apply

mutatis mutandis, subject to the relevant provisions of the EC Treaty,

to Directives and Decisions.

C. Form of common strategies of the European Council, joint

actions and common positions referred to in Article 12 of the

EU Treaty

Common strategies, joint actions and common positions within the meaning of

Article 12 of the EU Treaty shall bear one of the following headings, as appropriate:

a) ‘European Council Common Strategy’, a serial number (year/number/

CFSP), the date of adoption and the subject matter,

b) ‘Council Joint Action’, a serial number (year/number/CFSP), the date

of adoption and the subject matter

c) ‘Council Common Position’, a serial number (year/number/CFSP), the

date of adoption and the subject matter.

D. Form of common positions, framework decisions, decisions

and conventions referred to in Article 34(2) of the EU Treaty

Common positions, framework decisions, decisions and conventions within the

meaning of Article 34(2) of the EU Treaty shall bear one of the following headings,

as appropriate:

a) ‘Council Common Position’, a serial number (year/number/JHA), the

date of adoption and the subject matter;

b) ‘Council Framework Decision’, a serial number (year/number/JHA), the

date of adoption and the subject matter;

c) ‘Council Decision’, a serial number (year/number/JHA), the date of

adoption and the subject matter;

d) ‘Convention established by the Council in accordance with Article 34

of the Treaty on European Union’ and the subject matter.


90

Done at Brussels, 31 May 1999.

For the Council

The President

J. FISCHER


91

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4annex

Commission Rules of Procedure adopted on 18 September 1999

C H A P T E R 1 : T H E C O M M I S S I O N

S E C T I O N I : C O M M I S S I O N M E E T I N G S

S E C T I O N I I : O T H E R D E C I S I O N - M A K I N G P R O C E D U R E S

S E C T I O N I I I : P R E PA R AT I O N A N D I M P L E M E N TAT I O N O FC O M M I S S I O N D E C I S I O N S

C H A P T E R 2 : C O M M I S S I O N D E PA R T M E N T S

C H A P T E R 3 : D E P U T I S I N G

F I N A L P R O V I S I O N S

Annex 4:Commission Rules of Procedure adopted on 18 September 1999

The Commission of the European Communities


nity, and in particular Article 16 thereof,


ular Article 218(2) thereof,


nity, and in particular, Article 131 thereof,

Having regard to the Treaty on the European Union, and in particular Articles

28(l) and 41(l) thereof,

Has adopted this procedure:

Chapter 1:The Commission

Article 1

The Commission shall act collectively in accordance with these Rules and in compli-

ance with the political guidelines laid down by the President.

Article 2

In compliance with the political guidelines laid down by the President, the Commis-

sion shall establish its priorities and each year adopt its work programme.


94

Article 3

The President may assign to Members of the Commission special fields of activity

with regard to which they are specifically responsible for the preparation of

Commission work and the implementation of its decisions. He may also change

these assignments at any time.

The President may set up working groups of Members of the Commission, whose

chairpersons he will designate.

The President shall represent the Commission. He shall designate the Members

of the Commission to assist him in this task.

Article 4

Commission decisions shall be taken:

a) at meetings;

or

b) by written procedure in accordance with Article 12;

or

c) by delegation in accordance with Article 13.

Section I:Commission meetings

Article 5

Meetings of the Commission shall be convened by the President.

The Commission shall, as a general rule, meet at least once a week. It shall hold

additional meetings whenever necessary.

Members of the Commission shall be required to attend all meetings. The Presi-

dent shall judge whether Members may be released from this requirement in certain

circumstances.

Article 6

The President shall adopt the agenda of each meeting, taking into account in partic-

ular the work programme provided for in Article 2.

A N N E X 4 : C O M M I S S I O N R U L E S O F P R O C E D U R E A D O P T E D O N 1 8 S E P T E M B E R 1 9 9 9

95

Without prejudice to the prerogative of the President to adopt the agenda, any

proposal involving significant expenditure must be presented in agreement with

the Member of the Commission responsible for the budget.

If a Member of the Commission proposes the inclusion of an item on the agenda,

the President shall, save in exceptional circumstances, be given nine days’ notice.

The agenda and the necessary working documents shall be circulated to the

Members of the Commission within the time limit and in the working languages

prescribed by the Commission in accordance with Article 23.

Where a Member of the Commission requests that an item be withdrawn from

the agenda, the item shall, provided the President agrees, be held over for the

next meeting.

The Commission may, on a proposal from the President, discuss any question which

is not on the agenda or for which the necessary working documents have been

distributed late. it may decide by majority vote not to discuss an item on the agenda.

Article 7

The number of Members present required to constitute a quorum shall be equal

to a majority of the number of Members specified in the Treaty.

Article 8

The Commission shall take decisions on the basis of proposals from one or more

of its Members.

A vote shall be taken if any Member so requests. The vote may be on a proposal

as originally made or as amended by the Member or Members responsible or by

the President.

Commission decisions shall be adopted if a majority of the number of Members

specified in the Treaty vote in favour. This majority shall be required irrespec-

tive of the tenor and nature of the decision.

Article 9

Meetings of the Commission shall not be public. Discussions shall be confidential.


96

Article 10

Save as otherwise decided by the Commission, the Secretary-General shall attend

meetings. Attendance of other persons shall be determined in accordance with

the rules to give effect to these Rules of Procedure.

In the absence of a member of the Commission, his Chef de cabinet may attend

the meeting and, at the invitation of the President, state the views of the absent

Member.

The Commission may decide to hear any other person.

Article 11

Minutes shall be taken of all meetings of the Commission.

The draft minutes shall be submitted to the Commission for approval at a subse-

quent meeting. The approved minutes shall be authenticated by the signatures

of the President and the Secretary-General.

Section II:Other decision-making procedures

Article 12

The agreement of the Commission to a proposal by one or more of its Members

may be obtained by means of a written procedure, provided the Directorates-General

directly involved are in agreement and the proposal has been endorsed by the Legal

Service.

For this purpose, the text of the proposal shall be circulated in writing to all members

of the Commission in the languages prescribed by the Commission in accordance

with Article 23, with a time limit within which members must make known any

reservations or amendments they wish to make.

Any Member of the Commission may, in the course of the written procedure,

request that the proposal be discussed. He shall send a reasoned request to that

effect to the President.


97

A proposal on which no Member of the Commission has made a reservation and

maintained it up to the time limit set for a written procedure shall stand adopted

by the Commission. Proposals adopted shall be recorded in a day note which

shall be recorded in the minutes of the next meeting.

Article 13

The Commission may, provided the principle of collective responsibility is fully

respected, empower one or more of its Members to take, on its behalf and under

its responsibility, clearly defined management or administrative measures,

including instruments preparatory to a decision to be taken by the Commission

at a later time.

The Commission may also instruct one or more of its Members, with the agree-

ment of the President, to adopt the definitive text of any instrument as defined

in the first paragraph, or of any proposal to be presented to the other institutions

the substance of which has already been determined in discussion.

Decisions adopted by delegation procedure shall be recorded in a day note which

shall be recorded in the minutes of the next Commission meeting.

Powers conferred in this way may be sub-delegated only as expressly provided

in the enabling decision.

The provisions of the first, second and third paragraphs shall be without preju-

dice to the rules concerning delegation in respect of financial matters or the powers

conferred on the appointing authority and the authority empowered to conclude

contracts of employment.

Section III:Preparation and implementation of Commission decisions

Article 14

Members of the Commission may each appoint personal staff to assist them in

their work and in preparing Commission decisions.

A member of the Commission to whom an area of responsibility is assigned shall

give instructions to the relevant departments.


98

Article 15

The Secretary-General shall assist the President in preparing the proceedings and

meetings of the Commission. He shall also assist the chairperson of the working

groups set up under the second paragraph of Article 3.

He shall ensure that decision-making procedures are properly implemented and

that effect is given to the decisions referred to in Article 4.

He shall ensure the necessary co-ordination between departments in the

preparatory stages and shall see that the rules for submission of documents are

complied with.

He shall take the necessary steps to ensure that Commission instruments are

officially notified to those concerned and are published in the Official Journal of

the European Communities and that documents of the Commission and its depart-

ments are transmitted to the other institutions of the European Communities.

He shall be responsible for official relations with the other institutions of the

European Communities, subject to any decisions by the Commission to exercise

any function itself or to assign it to its Members or departments. He shall monitor

the proceedings of the other institutions of the European Communities and keep

the Commission informed.

Article 16

Instruments adopted by the Commission in the course of a meeting shall be attached,

in the authentic language or languages, in such a way that they cannot be separated,

to a summary note prepared at the end of the meeting at which they were adopted.

They shall be authenticated by the signatures of the President and the Secretary-

General on the last page of the summary note.

Instruments adopted by written procedure shall be attached in the authentic

language or languages, in such a way that they cannot be separated, to the day

note referred to in Article 12. These instruments shall be authenticated by the

signature of the Secretary-General on the last page of the day note.

Instruments adopted by delegation procedure shall be attached in the authentic

language or languages, in such a way that they cannot be separated, to the day

note referred to in Article 13. They shall be authenticated by the signature of the

Secretary-General on the last page of the day note.

For the purposes of these Rules ‘instruments’ means any instrument as referred

to in Article 14 of the ECSC Treaty, Article 249 of the EC Treaty and Article 161

of the Euratom Treaty.


99

For the purposes of these Rules, ‘authentic language or languages’ means the official

languages of the Communities in the case of instruments of general application

and the language or languages of those to whom they are addressed in other cases.

Chapter 2:Commission departments

Article 17

A number of Directorates-General and equivalent departments forming a single

administrative service shall assist the Commission in the performance of its tasks.

The Directorates-General and equivalent departments shall normally be divided

into directorates, and directorates into units.

Article 18

The Commission may, in special cases, set up temporary structures to deal with partic-

ular matters and shall determine their responsibilities and method of operation.

Article 19

In order to ensure the effectiveness of Commission action, departments shall work

in close co-operation and in co-ordinated fashion in the preparation or imple-

mentation of Commission decisions.

Before submitting a document to the Commission, the departments responsible

shall, in sufficient time, consult other departments which are associated or concerned

by virtue of their powers or responsibilities or the nature of the subject, and shall

inform the Secretariat-General where it is not consulted. The Legal Service shall

be consulted on all drafts or proposals for legal instruments and on all documents

which may have legal implications. The Directorates-General responsible for the

budgets, personnel and administration shall be consulted on all documents which

may have implications concerning the budget and finances or personnel and admin-

istration respectively. The Directorate-General responsible for financial control shall

likewise be consulted, as need be.


100

The department responsible shall endeavour to frame a proposal that has the agree-

ment of the departments concerned. In the event of a disagreement it shall append

to its proposal the differing views expressed by these departments, without preju-

dice to Article 12.

Chapter 3:Deputising

Article 20

If the President is prevented from exercising his functions, they shall be exercised

by one of the Vice-Presidents or Members chosen in the order laid down by the

Commission.

Article 21

Where the Secretary-General is prevented from exercising his functions, they shall

be exercised by the Deputy Secretary-General or, where this is not possible, by

an official designated by the Commission.

Article 22

Where a Director-General is prevented from exercising his functions, they shall

be exercised by the most senior Deputy Director-General present, and in the event

of equal seniority, by the one who is eldest, or, where this position does not exist,

by an official designated by the Commission. If no such replacement is designated,

the most senior subordinate present in the highest category and grade shall deputise,

and in the event of equal seniority, the one who is eldest.

A Deputy Head of Unit, where the position exists, shall deputise for the Head of

Unit.

Where any other superior is prevented from exercising his duties, the Director-

General shall designate an official in agreement with the Member of the

Commission responsible. If no replacement is designated, the most senior subor-

dinate present in the highest category and grade shall deputise, and in the event

of equal seniority, the one who is eldest.


101

Final provisions

Article 23

The Commission shall, as necessary, lay down rules to give effect to these Rules

of Procedure.

Article 24

The Rules of Procedure of 17 February 1993, as amended by Decision 95/148/EC,

Euratom, ECSC, are repealed.

Article 25

These Rules of Procedure shall enter into force on 18 September 1999.

Article 26

These Rules of Procedure shall be published in the Official Journal of the European

Communities.

Done at Brussels, 18 September 1999.

For the Commission

The President

ROMANO PRODI


102

5annex

New Directorates-General and their Directors-General (DGs)

Annex 5:New Directorates-General and their Directors-General (DGs)


104

DG Adrian FORTESCUEJustice and Home Affairs

DG Klaus VAN DER PASEducation and Culture

DG Michel VANDEN ABEELETaxation and Customs

DG Pablo BENAVIDES SALASEnergy

DG Guy CRAUSERRegional

DG John MOGGInternal Market

DG Steffen SMIDTFisheries

DG Robert VERRUEInformation Society

DG Jorma ROUTTIResearch

DG Jim CURRIEEnvironment

DG François LAMOUREUXTransport

DG José Manuel SILVA RODRIGUEZAgriculture

DG Allan LARSSONEmployment and Social Affairs

DG Alexander SCHAUBCompetition

DG Fabio COLASANTIEnterprise

DG Giovanni RAVASIOEconomic and Financial

DG Jean-Louis DEWOSTLegal Service

Sec Gen Carlo TROJANSecretariat General

DG Jean-Paul MINGASSONBudget

DG Horst REICHENBACHPersonnel and Administration

DG Yves RANCHETStatistics

DG Eneko LANDABARU ILLARAMENDIEnlargement

DG Philip LOWEDevelopment

DG Robert COLEMANHealth and Consumer Protection

DG Hans Friedrich BESELERTrade

DG Philippe SOUBESTREExternal Relations

A N N E X 5 : N E W D I R E C T O R A T E S - G E N E R A L A N D T H E I R D I R E C T O R S - G E N E R A L ( D G s )

105

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6annex

Council decision 93/731/EC of 20 December1993 on public access to Council documentsamended 2 December 1996

Annex 6:Council decision 93/731/EC of 20 December1993 on public access to Council documentsamended 2 December 1996

The Council


ular Article 151(3) thereof.


nity and, in particular Article 30(2) thereof.


nity and, in particular Article 121(2) thereof.

Having regard to its Rules of Procedure and in particular Article 22 thereof.

Whereas on 6 December 1993 the Council and the Commission approved a code

of conduct concerning public access to Council and Commission documents,

reaching common agreement on the principles which must govern such access.

Whereas experience has shown that a number of amendments need to be made

to Council Decision 93/731/EC of 20 December 1993 on public access to Council

documents.

Whereas provisions should be adopted for the implementation of those princi-

ples by the Council.

Whereas these provisions are applicable to any document held by the Council

whatever its medium, excluding documents written by a person, body or insti-

tution outside the Council.

Whereas the principle of allowing the public whole access to Council documents,

as part of greater transparency in the Council’s work, must however be subject

to exceptions, particularly as regards protection of the public interest, the individual

and privacy.

Whereas, in the interests of rationalisation and efficiency, the Secretary-General

of the Council should sign on behalf of the Council and on its authorisation replies

to applications for access to documents, except in cases where the Council is

called upon to reply to a confirmatory application.


108

Whereas this Decision must apply with due regard for provisions governing the

protection of classified information.

Whereas provision should be made for some flexibility in the time limits for the

General Secretariat’s reply to an application for access to a Council document

and the Council’s reply to a confirmatory application.

Whereas use of this option should be exceptional.

Whereas Article 9 of Decision 93/731/EC is obsolete and should be replaced.

Has decided as follows

Article 1

1. The public shall have access to Council documents under the condi-

tions laid down in this Decision.

2. Council document means any written text, whatever its medium,

containing existing data and held by the Council, subject to Article 2(2).

Article 2

1. An application for access to a Council document shall be sent in writing

to the Council*.

It must be made in a sufficiently precise manner and must contain infor-

mation enabling the document or documents requested to be identified.

Where necessary, the applicant shall be asked for further details.

2. Where the requested document was written by a natural or legal person,

a Member State, another Community institution or body, or any other

national or international body, the application must not be sent to the

Council, but direct to the author.

A N N E X 6 : C O U N C I L D E C I S I O N 9 3 / 7 3 1 / E C O F 2 0 D E C E M B E R 1 9 9 3

109

*The Secretary General of the Council of the European Union, 175 rue de la Loi, 1048 Brussels, Belgium.

Article 3

1. The applicant shall have access to a Council document either by

consulting it on the spot or by having a copy sent at his own expense.

The fee shall be set by the Secretary-General.

2. The relevant departments of the General Secretariat shall endeavour

to find a fair solution to deal with repeat applications and/or those which

relate to very large documents.

3. Anyone given access to a Council document may not reproduce or circu-

late the document for commercial purposes through direct sale without

prior authorisation from the Secretary-General.

Article 4

1. Access to a Council document shall not be granted where its disclo-

sure could undermine:

• the protection of the public interest (public security, international

relations, monetary stability, court proceedings, inspections and

investigations),

• the protection of the individual and of privacy,

• the protection of commercial and industrial secrecy,

• the protection of the Community’s financial interests,

• the protection of confidentiality as requested by the natural or legal

person who supplied any of the information contained in the

document or as required by the legislation of the Member State

which supplied any of that information.

2. Access to a Council document may be refused in order to protect the

confidentiality of the Council’s proceedings.

Article 5

The Secretary-General shall reply on behalf of the Council to applications for access

to Council documents, except in the cases referred to in Article 7(3), in which

the reply shall come from the Council.


110

Article 6

Any application for access to a Council document shall be examined by the relevant

departments of the General Secretariat, which shall suggest what action is to be

taken on it.

Article 7

1. The applicant shall be informed in writing within a month by the relevant

departments of the General Secretariat either that his application has

been approved or that the intention is to reject it. In the latter case,

the applicant shall also be informed of the reasons for this intention

and that he has one month to make a confirmatory application for that

position to be reconsidered, failing which he will be deemed to have

withdrawn his original application.

2. Failure to reply to an application within a month of submission shall

be equivalent to a refusal, except where the applicant makes a confir-

matory application, as referred to above, within the following month.

3. Any decision to reject a confirmatory application, which shall be taken

within a month of submission of such an application, shall state the

grounds on which it is based. The applicant shall be notified of the

decision in writing as soon as possible and at the same time informed

of the content of Articles 138e and 173 of the Treaty establishing the

European Community, relating respectively to the conditions for

referral to the Ombudsman by natural persons and review by the Court

of Justice of the legality of Council acts.

4. Failure to reply within a month of submission of the confirmatory appli-

cation shall be equivalent to a refusal.

5. Exceptionally, the Secretary-General, having notified the applicant in

advance, may extend by one month the time limits laid down in the

first sentence of paragraph 1 and in paragraph 3.

Article 8

This Decision shall apply with due regard for provisions governing the protec-

tion of classified information.

A N N E X 6 : C O U N C I L D E C I S I O N 9 3 / 7 3 1 / E C O F 2 0 D E C E M B E R 1 9 9 3

111

Article 9

In 1996, and every two years thereafter, the Secretary-General shall submit a report

on the implementation of this Decision.

Article 10

This Decision shall take effect on the date of its publication in the Official Journal

of the European Communities.

Done at Brussels, 2 December 1996.


112

7annex

The European Parliament

I ) E U R O P E A N PA R L I A M E N T P R E S I D E N T A N D V I C E P R E S I D E N T S E L E C T E D J U LY 1 9 9 9 T O S E R V E U N T I L D E C E M B E R 2 0 0 1

I I ) T H E P O L I T I C A L G R O U P S

I I I ) B R I T I S H M E P s A N D H O W T O C O N TA C T T H E M

I V ) B R I T I S H M E M B E R S O F S TA N D I N G PA R L I A M E N TA R YC O M M I T T E E S

V ) P O W E R S A N D R E S P O N S I B I L I T I E S O F S TA N D I N G C O M M I T T E E S

V I ) C O M M I T T E E C O - O R D I N AT O R S O F T H E P R I N C I P L E P O L I T I C A L G R O U P S

Annex 7:The European Parliament

i) European Parliament President and Vice Presidentselected July 1999 to serve until December 2001

President: Nicole FONTAINE (France, EPP)

Vice Presidents: David MARTIN (UK, PES)

Renzo IMBENI (Italy, PES)

Gerhard SCHMID (Germany, PES)

James PROVAN (UK, EPP)

Ingo FRIEDRICH (Germany, EPP)

Marie-Noëlle LIENEMANN (France, PES)

Guido PODESTA (Italy, EPP)

Alejo VIDAL-QUADRAS ROCA (Spain, EPP)

Joan COLOM I NAVAL (Spain, PES)

José PACHECO PEREIRA (Portugal, EPP)

Luis MARINHO (Portugal, PES)

Jan WIEBENGA (Netherlands, ELDR)

Alonso PUERTA (Spain, EUL/NGL)

Gérard ONESTA (France, VERTS/ALE)

Secretary-General: Julian PRIESTLEY

All members of the European Parliament can be contacted through the European

Parliament in Brussels:

Rue Wiertz

B-1047 Brussels

Tel: 00 32 2 284 21 11 (from outside Belgium)

Tel: 02 284 21 11 (from in Belgium, outside Brussels)

or by e-mail: @europarl.eu.int


114

ii) The Political Groups

I. Group of the European People’s Party Christian Democrats and European Democrats (EPP/ED)

Chairman: Hans Gert PÖTTERING (D)

Vice Chairmen: Carmen FRAGA (ES)

James ELLES (UK)

Françoise GROSSETÊTE (FR)

Ilkka SUOMINEN (SF)

Wim van VELZEN (NL)

Treasurer: Othmar KARAS (A)

II. Parliamentary Group of the Party of European Socialists (PES)

Chairman: Enrique BARON CRESPO (ES)

Vice Chairmen: Klaus HÄNSCH (D)

Alan DONNELLY (UK)

Pervenche BERES (FR)

Pasqualina NAPOLETANO (I)

Antonio José SEGURO (P)

Giorgos KATIFORIS (GR)

Hannes SWOBODA (A)

Max VAN DEN BERG (NL)

Pierre SCHORI (SW)

Claude DESAMA (B)

Riitta MYLLER (SF)

Robert GOEBBELS (L)

Proinsias DE ROSSA (IRL)

Raimon OBIOLS (ES)

Treasurer: Torben LUND (DK)

A N N E X 7 : T H E E U R O P E A N P A R L I A M E N T

115

III. Group of the European Liberal, Democratic and Reformist Party (ELDR)

Chairman: Patrick COX (IRL)

Vice Chairmen: Bertel HAARDER (DK)

Paolo COSTA (I)

Paavo VÄYRYNEN (SF)

Dirk STERCKX (B)

Jan WIEBENGA (NL)

Daniel DUCARME (B)

Graham WATSON (UK)

IV. Group of the Greens/European Free Alliance (VERTS/ALE)

Joint Chairmen: Heidi HAUTALA (SF)

Paul LANNOYE (B)

Vice Chairmen: Nelly MAES (B)

Danielle AUROI (FR)

Jan Joost LANGENDIJK (NL)

Heide RÜHLE (D)

V. Confederal Group of the European United Left/Nordic Green Left (EUL/NGL)

Chairman: Francis WURTZ (FR)

Vice Chairmen: Pernille FRAHM (DK)

Sylvia-Yvonne KAUFMANN (D)

Treasurer: Helmut MARKOV (D)


116

VI. Union for a Europe of Nations Group (UEN)

Chairman: Charles PASQUA (FR)

Vice Chairmen: Gerard COLLINS (IRL)

Paulo PORTAS (P)

Mogens CAMRE (DK)

Philippe de VILLIERS (FR)

Joint Treasurers: Pat the Cope GALLAGHER (IRL)

Isabelle CAULLERY (FR)

VII. Group for a Europe of Democracies and Diversities (EDD)

Joint Chairmen: Jens Peter BONDE (DK)

Jeans SAINT-JOSSE (FR)

Johanes BLOKLAND (NL)

Vice Chairmen: Véronique MATHIEU (FR)

Nigel FARAGE (UK)

Ole KRARUP (DK)

iii) British MEPs and how to contact them

Eastern region

1. Robert Sturdy MEP (Conservative)

153 St Neots Road

Hardwick

Cambridge CB3 7QJ

Tel: 01954 211790

Fax: 01954 211786

E-mail: [email protected]

2. Eryl McNally MEP (Labour)

Labour Resource Centre

112 Newport Road

New Bradwell

Milton Keynes MK13 OAA

Tel: 01908 314114

Fax: 01908 311713


117

3. Christopher Beazley MEP (Conservative)

c/o Hertford & Stortford Conservative Association

4a Swains Mill

Crane Mead, Ware

Hertfordshire SGI2 9PY

Tel: 01920 462182

Fax: 01920 485805

4. Bashir Khanbhai MEP (Conservative)

PO Box 69

Sevenoaks

Kent TN13 1PE

Tel: 01732 454020

Fax: 01732 469237

E-Mail: [email protected]

5. Richard Howitt MEP (Labour)

57 Peninsula Cottage

Staitheway Road

Wroxham

Norfolk NR12 8RN

Tel/Fax: 01603 781480

6. Andrew Duff MEP (Liberal Democrat)

Orwell House

Cowley Road

Cambridge CB4 OPP

Tel: 01223 566700

Fax: 01223 566698


7. Geoffrey Van Orden MEP (Conservative)

European Parliament

47-53 rue Wiertz

B-1047 Brussels, Belgium

Tel: 00 322 284 5332

Fax: 00 322 284 9332

8. Jeffrey Titford MEP (UK Independence Party)

Suites 1 & 2, Rochester House

145 New London Road

Chelmsford, Essex

Tel: 01245 266466 or 251651

Fax: 01245 252071


118

East Midlands

1. Roger Helmer MEP (Conservative)

Blaby Conservative Association

35 Lutterworth Road

Blaby, Leicester LE8 4DW

Tel: 0116 277 9992

Fax: 0116 278 6664

2. Mel Read MEP (Labour)

The Marlene Reid Centre

85 Belvoir Road

Coalville, Leicester LE67 3PH

Tel: 01530 830780

Fax: 01530 830781

3. Bill Newton Dunn MEP (Conservative)

10 Church Lane

Navenby, Lincoln LN5 OEG

Tel: 01522 810812/01522 720098

Fax: 0207 602 6187


4. Phillip Whitehead MEP (Labour)

53 High Street

Burton-on-Trent

Staffordshire DE14 1JS

Tel: 01283 569779

Fax: 01283 569785

5. Christopher Heaton-Harris MEP (Conservative)

c/o Leicester Conservative Federation

36 Millstone Lane

Leicester LE1 5JN

Tel: 0116 262 8686

Fax: 0116 262 8877


6. Nicholas Clegg MEP (Liberal Democrat)

52 Kirklington Road

Southwell

Nottinghamshire NG25 OAX

Tel: 0115 840 2500

Fax: 0115 840 2501



119

London

1. Pauline Green MEP (Labour)

Labour European Office

16 Charles Square

London N1 6HP

Tel: 0207 490 4904

Fax: 0207 490 2143

2. Theresa Villiers MEP (Conservative)

c/o Conservative Central Office

32 Smith Square

London SW1P 3HH

Tel: 0207 984 8234/8227

Fax: 0207 222 1135


3. Claude Moraes MEP (Labour)


16 Charles Square

London N1 6HP

Tel: 0207 490 4904

Fax: 0207 490 2143

4. Cllr Dr Charles Tannock MEP (Conservative)

c/o Conservative Central Office

32 Smith Square

London SW1P 3HH

Tel: 0207 984 8235/8231

Fax: 0207 222 1135


5. Robert Evans MEP (Labour)


16 Charles Square

London N1 6HP

Tel: 0207 490 4904

Fax: 0207 490 2143



120

6. Baroness Sarah Ludford MEP (Liberal Democrat)

European Parliament UK Office

c/o Liberal Democrats

2 Queen Anne’s Gate

London SW1H 9AA

Tel: 0207 799 3429


7. Lord Bethell MEP (Conservative)

Manor Farm House

Brill, Bucks HP18 9SL

Tel: 01844 238446

Fax: 01844 237821


8. Richard Balfe MEP (Labour)


16 Charles Square

London N1 6HP

Tel: 0207 490 4904

Fax: 0207 490 2143

9. John Bowis OBE, MEP (Conservative)

PO Box 262

New Malden

KT3 4WJ

Tel: 0208 949 2555

Fax: 0208 395 7463


10. Jean Lambert MEP (Green)

3 Howard Road

London E17 4SH

Tel/Fax: 0208 520 0676


121

North East

1. Alan Donnelly MEP (Labour)

1 South View

Jarrow

Tyne & Wear NE32 5JP

Tel: 0191 489 7643

Fax: 0191 489 0643

2. Martin Callanan MEP (Conservative)

22 Osborne Road

Jesmond

Newcastle-upon-Tyne NE2 2AD

Tel: 0191 240 2600

Fax: 0191 240 2612


3. Stephen Hughes MEP (Labour)

Room 1/76

County Hall

Durham DH1 5UR

Tel: 0191 384 9371

Fax: 0191 384 6100

4. Mo O’Toole MEP (Labour)

52 St George’s Terrace

Jesmond

Newcastle NE2 2FY

Tel: 0191 281 8247

Mobile: 0966 528867


122

North West

1. Lord Inglewood MEP (Conservative)

c/o North West Regional Office

9 Montford Enterprise Centre

Wynford Square

Salford M5 2SN

Tel: 0161 745 7880

Fax: 0161 737 1980

2. Arlene McCarthy MEP (Labour)

Talbot House

Talbot Road

Glossop

Derbyshire SK13 7DP

Tel: 01457 857300

Fax: 01457 867339

3. Rt. Hon. Sir Robert Atkins MEP (Conservative)



Wynford Square, Salford M5 2SN

Tel: 0161 745 7880

Fax: 0161 737 1980


4. Gary Titley MEP (Labour)

Euro Office

16 Spring Lane

Radcliffe

Manchester M26 9TQ

Tel: 0161 724 4008

Fax: 0161 724 4009

5. David Sumberg MEP (Conservative)



Wynford Square, Salford M5 2SN

Tel: 0161 745 7880

Fax: 0161 737 1980



123

6. Chris Davies MEP (Liberal Democrat)

87A Castle Street

Edgeley

Stockport SK3 9AR

Tel: 0161 477 7070

Fax: 0161 477 7007


7. Terry Wynn MEP (Labour)

Lakeside

Alexandra Park

Prescot Road

St Helens WA10 3TT

Tel: 01744 451609

Fax: 01744 29832


8. Densmore Dover MEP (Conservative)



Wynford Square

Salford M5 2SN

Tel: 0161 745 7880

Fax: 0161 737 1980

9. Brian Simpson MEP (Labour)

Gilbert Wakefield House

67 Bewsey Street

Warrington WA2 7JQ

Tel: 01925 654074

Fax: 01925 240799

10. Jacqui Foster MEP (Conservative)

European Parliament

47-53 rue Wiertz


Tel: 00 322 284 5957

Fax: 00 322 284 9957


124

South East

1. James Provan MEP (Conservative)

Middle Lodge

Barns Green, Nr Horsham

West Sussex RH13 7NL

Tel: 01403 733700

Fax: 01403 733588


2. Roy Perry MEP (Conservative)

Tarrants Farmhouse

Maurys Lane

West Wellow

Romsey

Hampshire S051 6DA

Tel: 01794 322472

Fax: 01794 323498


3. Peter Skinner MEP (Labour)

99 Kent Road

Dartford

Kent DA1 2AJ

Tel: 01322 281500

Fax: 01322 281553

4. Baroness Emma Nicholson MEP (Liberal Democrat)

4 Maunsel Street

London SW1P 2QL

Tel: 0207 828 4991

Fax: 0207 828 4992

5. Daniel Hannan MEP (Conservative)

Conservative Central Office

32 Smith Square

London SW1P 3HH

Tel: 0207 984 8238

Fax: 0207 984 8207



125

6. James Elles MEP (Conservative)

European Parliament

47-53 rue Wiertz


Tel: 00 322 284 5951

Fax: 00 322 284 9951


7. Mark Watts MEP (Labour)

Euro Office

29 Park Road

Sittingbourne

Kent ME10 1DR

Tel: 01795 477880

Fax: 01795 437224

8. Nigel Farage MEP (UK Independence Party)

74 Holmethorpe Avenue

Redhill, Surrey

RH1 2NL

Tel: 01737 780222

Fax: 01737 768590

9. Nirj Deva MEP (Conservative)

169B Kennington Road

London SE11 6SF

Tel: 0207 642 8880

Fax: 0207 642 8879


10. Chris Huhne MEP (Liberal Democrat)

8 Crescent Grove

London SW4 7AH

Tel: 0207 498 2618

Fax: 0207 498 5242


11. Caroline Lucas MEP (Green)

The Old Boot Inn

Boot Street

Stonesfield

Oxfordshire OX8 8PX

Tel/Fax: 01993 891741



126

South West

1. Dr Caroline Jackson MEP (Conservative)

14 Bath Road

Swindon

Wiltshire SN1 4BA

Tel: 01793 422663

Fax: 01793 422664


2. Giles Chichester MEP (Conservative)

48 Queen Street

Exeter EX4 3SR

Tel: 01392 491815

Fax: 01392 491588


3. Glyn Ford MEP (Labour)

European Parliament

rue Wiertz

1047 Brussels

Belgium

Tel: 00 322 284 5518

Fax: 00 322 284 9518

4. Graham Watson MEP (Liberal Democrat)

10 Belvedere Road

Taunton

Somerset TA1 1BW

Tel: 01823 333441

Fax: 01823 333272


5. The Earl of Stockton MEP (Conservative)

Glenthorne House

131 Coronation Road

Bristol BS3 1RE

Tel: 01179 639672

Fax: 01179 537621



127

6. Michael Holmes MEP (UK Independence Party)

UK Independence Party

South West Regional Office

PO Box 1714

Salisbury SP1 2UQ

Tel: 01722 411313

Fax: 01722 413025

7. Neil Parish MEP (Conservative)

16 Northgate

Bridgwater

Somerset TA6 3EU

Tel: 01278 423110

Fax: 01278 431034

West Midlands

1. John Corrie MEP (Conservative)

98 High Street

Evesham

Worcestershire WR11 4HE

Tel: 01386 442469

Fax: 01557 820211


2. Simon Murphy MEP (Labour)

Room 2/3 Gresham Chambers

14 Lichfield Street

Wolverhampton WV1 1DP

Tel: 01902 83 17 77

Fax: 01902 83 18 88

3. Philip Bushill-Matthews MEP (Conservative)

The Manor House

Harbury

Leamington Spa

Warwickshire CV33 9HZ

Tel: 01926 612476

Fax: 01926 613168



128

4. Michael Cashman MEP (Labour)

West Midlands Labour Party

67 Birmingham Road

West Bromwich

West Midlands B70 6PN

Tel: 0121 553 6642

Fax: 0121 553 6603

6. Malcolm Harbour MEP (Conservative)

Manor Cottage

Manor Road

Solihull

West Midlands B91 2BL

Tel: 0121 711 3158

Fax: 0121 711 3159


6. Liz Lynne MEP (Liberal Democrat)

55 Ely Street

Stratford upon Avon

Warwickshire CV37 6LN

Tel: 01789 266 354

Fax: 01789 268 848

7. Philip Bradbourn OBE, MEP (Conservative)

10 Greenfield Crescent

Edgbaston

Birmingham B15 3AU

Tel: 0845 606 0239

Fax: 0121 456 5989

8. Neena Gill MEP (Labour)

West Midlands Labour Party

67 Birmingham Road

West Bromwich

West Midlands B70 6PN

Tel: 0121 553 6642

Fax: 0121 553 6603


129

Yorkshire and The Humber

1. Edward McMillan-Scott MEP (Conservative)

Conservatives in the European Parliament

32 Smith Square

London SW1P 3HH

Tel: 0207 222 1720/ 01386 552366

Fax: 0207 222 2501/01386 556038

2. Linda McAvan MEP (Labour)

79 High Street

Wath-upon-Deame S63 7QB

Tel: 01709 87 56 65

Fax: 01709 87 42 07

3. Timothy Kirkhope MEP (Conservative)

7 Dewar Close

Collingham

Wetherby

West Yorkshire LS22 5JR

Tel: 01937 574649

Fax: 01937 574651


4. David Bowe MEP (Labour)

10 Harris Street

Middlesbrough

Cleveland TSI 5EF

Tel: 01642 24 77 22

Fax: 01642 24 78 04

5. Diana Wallis MEP (Liberal Democrat)

1 Stratton Park

Swanland

East Riding

Yorkshire HU14 3NN

Tel/Fax: 01482 634307

6. Robert Goodwill MEP (Conservative)

Southwood Farm

Terrington

York Y06 4QB

Tel: 01653 648459

Fax: 01653 648225



130

7. Richard Corbett MEP (Labour)

Threlfall Building

Trueman Street

Liverpool L2 2EX

Tel: 0151 236 1332

Fax: 0151 236 3151

Scotland

1. David Martin MEP (Labour)

PO Box 27030

Edinburgh EH10 7YP

Tel: 0131 654 1606

Fax: 0l3l 654 1607

2. Ian Hudghton MEP (Scottish National Party)

70 Rosemount Place

Aberdeen AB2 4XJ

Tel: 01224 623150

Fax: 01224 623160


3. Struan Stevenson MEP (Conservative & Unionist Party)

Conservative & Unionist Office

14 Links Place

Edinburgh EH6 6EZ

Tel: 0131 555 2900

Fax: 0131 555 2869

4. Bill Miller MEP (Labour)

9 Chisholm Street

Glasgow G1 5HA

Tel: 0141 552 2234

Fax: 0141 552 0297

5. Professor Neil MacCormick MEP (Scottish National Party)

Scottish National Party

6 North Charlotte Street

Edinburgh EH2 4JH

Tel: 0131 225 3497



131

6. John Purvis MEP (Conservative & Unionist Party)

Conservative & Unionist Central Office

14 Links Place

Edinburgh EH6 6EZ

Tel: 0131 555 2900

Fax: 0131 555 2869


7. Elspeth Attwooll MEP (Liberal Democrat)

Scottish Liberal Democrats

4 Clifton Terrace

Edinburgh EH12 5DR

Tel: 0131 337 2314


8. Catherine Taylor MEP (Labour)

5a Alexandra PIace

St Andrews

Fife KY16 9XD

Tel: 01334 477753

Fax: 01334 473677

Wales

1. Glenys Kinnock MEP (Labour)

1 Bridge View

Cwmfelinfach, Newport

Gwent NP1 7HG

Tel: 01495 20 12 01

Fax: 01495 20 10 30

2. Jill Evans MEP (Plaid Cymru)

202 Tyntyla Road

Ystrad

Rhondda CF41 7SE

Tel: 01443 43232

3. Jonathan Evans MEP (Conservative)

4 Penlline Road

Whitchurch

Cardiff CF4 2XS

Tel: 02920 616031

Fax: 02920 610544



132

4. Eluned Morgan MEP (Labour)

2 Queen Street

Carmarthen

Dyfed SA31 1JR

Tel: 01222 618 337

Fax: 01222 618 226

5. Eurig Wyn MEP (Plaid Cymru)

Y Freni

Waunfawr

Caernarfon

Gwynedd LL55 4YY

Tel: 01286 650512

Northern Ireland

1. Rev. Ian Paisley MP MEP (Democratic Unionist Party)

256 Ravenhill Road

Belfast BT6 8GF

Tel: 01232 45 42 55

Fax: 01232 45 77 83

2. John Hume MP MEP (Social Democratic & Labour Party)

5 Bayview Terrace

Derry BT48 7EE

Tel: 01504 26 53 40

Fax: 01504 36 34 23

3. James Nicholson MEP (Ulster Unionist Party)

European Office

Glengall Street

Belfast BT12 5AE

Tel: 01232 43 94 31

Fax: 01232 24 67 38

British MEPs all have offices in Brussels. The contact address there is:

European Parliament, 47-53 Rue Wiertz, B-1047 Brussels. Tel : 00 322 284 2111

or by e-mail: @europarl.eu.int.


133

iv) British Members of Standing Parliamentary Committees

Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy

NEWTON DUNN, William Francis, Vice-Chairman

NICHOLSON OF WINTERBOURNE, Baroness, Vice-Chairman

BETHELL, The Lord, Member

TITLEY, Gary, Member

VAN ORDEN, Geoffrey, Member

ATKINS, Sir Robert, Substitute

CASHMAN, Michael, Substitute

DUFF, Andrew Nicholas, Substitute

ELLES, James E.M., Substitute

GREEN, Pauline, Substitute

KINNOCK, Glenys, Substitute

LUDFORD, Baroness Sarah, Substitute

McMILLAN-SCOTT, Edward H.C., Substitute

SUMBERG, David, Substitute

Committee on Budgets

WYNN, Terence, Chairman

DOVER, Den, Member

ELLES, James E.M., Member

GILL, Neena, Member

McMILLAN-SCOTT, Edward H.C., Member

MARTIN, David W., Member

TITFORD, Jeffrey William, Member

CORRIE, John Alexander, Substitute


134

HANNAN, Daniel J., Substitute

HEATON-HARRIS, Christopher, Substitute

HUGHES, Stephen, Substitute

MORGAN, Eluned, Substitute

NICHOLSON OF WINTERBOURNE, Baroness, Substitute

Budgetary Control

HOLMES, Michael John, Member

KHANBHAI, Bashir, Member

MORGAN, Eluned, Member

ELLES, James E.M., Substitute

Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs

WATSON, Graham R., Chairman

EVANS, Robert J.E., Vice-Chairman

CASHMAN, Michael, Member

HANNAN, Daniel J., Member

KIRKHOPE, Timothy, Member

LUDFORD, Baroness Sarah, Member

BALFE, Richard A., Substitute

FORD, Glyn, Substitute

HOLMES, Michael John, Substitute

LAMBERT, Jean, Substitute

NEWTON DUNN, William Francis, Substitute


135

Committee on Economic and Monetary Affairs

BALFE, Richard A., Member

DONNELLY, Alan John, Member

EVANS, Jonathan, Member

FARAGE, Nigel Paul, Member

GREEN, Pauline, Member

HUHNE, Christopher, Member

TANNOCK, Charles, Member

VILLIERS, Theresa, Member

CALLANAN, Martin, Substitute

CLEGG, Nicholas, Substitute

CORBETT, Richard Graham, Substitute

HUDGHTON, Ian Stewart, Substitute

MURPHY, Simon Francis, Substitute

PURVIS, John, Substitute

Committee on Legal Affairs and the Internal Market

HARBOUR, Malcolm, Member

INGLEWOOD, The Lord, Member

MacCORMICK, Neil, Member

MILLER, Bill, Member

MORAES, Claude, Member

WALLIS, Diana, Member

READ, Imelda Mary, Substitute

VILLIERS, Theresa, Substitute


136

Committee on Industry, External Trade, Research and Energy

CHICHESTER, Giles Bryan, Member

CLEGG, Nicholas, Member

FORD, Glyn, Member

HARBOUR, Malcolm, Member

LUCAS, Caroline, Member

McAVAN, Linda, Member

McNALLY, Eryl Margaret, Member

MURPHY, Simon Francis, Member

PURVIS, John, Member

READ, Imelda Mary, Member

BEAZLEY, Christopher J. P., Substitute

BOWE, David Robert, Substitute

EVANS, Jonathan, Substitute

FOSTER, Jacqueline, Substitute

GILL, Neena, Substitute

KHANBHAI, Bashir, Substitute

MILLER, Bill, Substitute

O’TOOLE, Barbara, Substitute

PAISLEY, Ian R.K., Substitute


137

Committee on Employment and Social Affairs

BUSHILL-MATTHEWS, Philip Rodway, Member

EVANS, Jillian, Member

FOSTER, Jacqui, Member

HUDGHTON, Ian Stewart, Member

HUGHES, Stephen, Member

LAMBERT, Jean, Member

LYNNE, Elizabeth, Member

SKINNER, Peter William, Member

DOVER, Den, Substitute

HELMER, Roger, Substitute

HOWITT, Richard , Substitute

McCARTHY, Arlene, Substitute

MORAES, Claude, Substitute

PARISH, Neil, Substitute

VAN ORDEN, Geoffrey, Substitute

WATTS, Mark Francis, Substitute

Committee on the Environment, Public Health and Consumer Policy

JACKSON, Caroline F., Chairman

BOWE, David Robert, Member

BOWIS, John, Member

DAVIES, Chris, Member

GOODWILL, Robert, Member

HELMER, Roger, Member

WHITEHEAD, Phillip, Member

ATTWOOLL, Elspeth, Substitute


138

BUSHILL-MATTHEWS, Philip Rodway, Substitute

DEVA, Nirj, Substitute

EVANS, Jillian, Substitute

McNALLY, Eryl Margaret, Substitute

STURDY, Robert William, Substitute

TANNOCK, Charles, Substitute

TAYLOR, Catherine, Substitute

Committee on Agriculture and Rural Development

PARISH, Neil, Member

STEVENSON, Struan, Member

STURDY, Robert William, Member

GOODWILL, Robert, Substitute

HUME, John, Substitute

NICHOLSON, James, Substitute

SIMPSON, Brian, Substitute

TITFORD, Jeffrey William, Substitute

WYN, Eurig, Substitute

Committee on Fisheries

ATTWOOLL, Elspeth, Member

FARAGE, Nigel Paul, Member

FORD, Glyn, Member

HUDGHTON, Ian Stewart, Member

NICHOLSON, James, Member

STEVENSON, Struan, Substitute

TAYLOR, Catherine, Substitute


139

Committee on Regional Policy, Transport and Tourism

ATKINS, Sir Robert, Member

ATTWOOLL, Elspeth, Member

CALLANAN, Martin, Member

HUME, John, Member

McCARTHY, Arlene, Member

SIMPSON, Brian, Member

STOCKTON, The Earl of, Member

WATTS, Mark Francis, Member

BRADBOURN, Philip Charles, Substitute

CHICHESTER, Giles Bryan, Substitute

DAVIES, Chris, Substitute

DONNELLY, Alan John, Substitute

FOSTER, Jacqueline, Substitute

LUCAS, Caroline, Substitute

McAVAN, Linda, Substitute

MARTIN, David W., Substitute

PROVAN, James L.C., Substitute

TITFORD, Jeffrey William, Substitute

WALLIS, Diana, Substitute

WATSON, Graham R., Substitute


140

Committee on Culture, Youth, Education, the Media and Sport

HEATON-HARRIS, Christopher, Member

O’TOOLE, Barbara, Member

PERRY, Roy, Member

TAYLOR, Catherine, Member

WYN, Eurig, Member

EVANS, Robert J.E., Substitute

KIRKHOPE, Timothy, Substitute

LYNNE, Elizabeth, Substitute

SKINNER, Peter William, Substitute

STOCKTON, The Earl of, Substitute

Committee on Development and Co-operation

CORRIE, John Alexander, Member

DEVA, Nirj, Member

HOWITT, Richard , Member

KHANBHAI, Bashir, Member

KINNOCK, Glenys, Member

PAISLEY, Ian R.K., Member

BOWIS, John, Substitute

HUHNE, Christopher, Substitute

STEVENSON, Struan, Substitute

TITLEY, Gary, Substitute

WHITEHEAD, Phillip, Substitute


141

Committee on Constitutional Affairs

BEAZLEY, Christopher J.P., Vice-Chairman

BRADBOURN, Philip Charles, Member

CORBETT, Richard Graham, Member

DUFF, Andrew Nicholas, Member

INGLEWOOD, The Lord, Substitute

MacCORMICK, Neil, Substitute

Committee on Women’s Rights and Equal Opportunities

EVANS, Jillian, Vice-Chairman

FOSTER, Jacqui, Member

VILLIERS, Theresa, Member

JACKSON, Caroline F., Substitute

McNALLY, Eryl Margaret, Substitute

Committee on Petitions

PERRY, Roy, Vice-Chairman

LAMBERT, Jean, Member

NEWTON DUNN, William Francis, Member

WATTS, Mark Francis, Member

WYN, Eurig, Member

DAVIES, Chris, Substitute


142

v) Powers and responsibilities of standing committees

1. Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy

This committee is responsible for matters relating to:

1. the common foreign and security policy of the European Union, including

the task of formulating a common defence and disarmament policy

(Article 11 of the EU Treaty);

2. relations with the other institutions in the foreign policy sphere, and

in particular with the High Representative for the common foreign and

security policy;

3. political aspects of relations with third countries and international organ-

isations with regard to the implementation of the Union’s foreign and

security policy;

4. determination of the foreign policy position with regard to the alloca-

tion of the major technical assistance and financial support programmes

to third countries, in co-operation with the Committee on Budgets, the

Committee on Budgetary Control, the Committee on Development and

Co-operation and the Committee on Industry, External Trade, Research

and Energy;

5. opening, monitoring and concluding negotiations concerning the acces-

sion of European States to the Union (Article 49 of the EU Treaty) without

prejudice to the powers of the specialist committees;

6. opening, monitoring and concluding negotiations concerning associ-

ation and partnership agreements (Article 310 of the EC Treaty) and

other international agreements of a mainly political nature;

7. issues concerning human rights and democratisation in third countries

including relations with international human rights organisations;

8. relations with the WEU (Article 17 of the EU Treaty);

9. the monitoring accompanying the implementation of current expen-

diture for which it has responsibility, on the basis of periodic reports

provided by the Commission.

This committee will co-ordinate the work of the inter-parliamentary delegations,

the joint parliamentary committees, the co-operation committees and the ad hoc

delegations, including those sent to monitor elections, both in preparing for and

discussing the outcome of their meetings. The inter-parliamentary delegations

will consult with the committee responsible on economic and trade matters.


143

2. Committee on Budgets


1. the definition and exercise of Parliament’s budgetary powers (Articles

268 to 273 of the EC Treaty) and the rules thereof dealing with estab-

lishment of the budget;

2. the budgets of the European Union including the ECSC budget and

budgetisation of the European Development Fund;

3 . the multi-annual estimates of the Union’s revenue and expenditure and

the inter-institutional agreements concluded on these matters and the

implementation of budgetary conciliation;

4. financial resources of the Union;

5. the financial activities of the EIB and the other financial and budgetary

instruments of the European Communities and of the Member States

(Articles 266 and 267 of the EC Treaty);

6. financial implications of Community acts, without prejudice to the

powers of the specialist committees;

7. problems relating to administrative and accounting management and

the staff of the European Union, in so far as they do not have substan-

tial implications for the legal status of officials;

8. transfers of appropriations;

9. Parliament’s budget, administration and accounts (Rule 183);

10. the Financial Regulation, with the exception of matters relating to the

implementation, management and control of budgets (Article 279 of

the EC Treaty).

As regards problems relating to Parliament’s budget, the Bureau and the Committee

on Budgets will take decisions in successive stages on:

a) the establishment plan;

b) the preliminary draft and the draft estimates.

The decisions concerning the establishment plan will be taken according to the

following procedure:

1. the Bureau shall draw up the establishment plan for each financial year;

2. a conciliation procedure between the Bureau and the Committee on

Budgets shall be opened in cases where the opinion of the latter diverges

from the initial decisions taken by the Bureau;


144

3. at the end of the procedure, the Bureau shall take the final decision on

the estimates for the establishment plan, in accordance with Rule 182(3),

without prejudice to decisions taken pursuant to Article 272 of the EC

Treaty.

As regards the estimates proper, the procedure for drawing up the estimates will

begin as soon as the Bureau has taken a final decision on the establishment plan.

The stages of this procedure will be those laid down in Rule 183, viz.:

1. the Bureau shall draw up the preliminary draft estimates of revenue and

expenditure (paragraph 1);

2. the Committee on Budgets shall draw up the draft estimates of revenue

and expenditure (paragraph 2);

3. a conciliation procedure shall be opened in cases where the positions

of the Committee on Budgets and the Bureau are widely divergent.

In exercising its powers the Committee on Budgets will co-operate closely with

the Committee on Budgetary Control.

3. Committee on Budgetary Control


1. the control of financial, budgetary and administrative implementing

measures relating to the general budget of the European Union (including

the EDF);

2. the control of the financial and administrative activities of the ECSC and

the financial activities of the EIB carried out on the basis of instructions

from the Commission;

3. the Financial Regulation in connection with matters relating to the imple-

mentation, management and control of budgets (Article 279 of the EC

Treaty);

4. the decisions on discharge taken by Parliament and measures accom-

panying or implementing such decisions (Article 276 of the EC Treaty);

5. accounts and balance sheets relating to decisions concerning the closure,

presenting and auditing of Parliament’s revenue and expenditure as well

as measures accompanying or implementing these decisions, in partic-

ular as part of the internal discharge procedure;

6. the closure, presenting and auditing of the accounts and balance sheets

of the European Communities, their institutions and any bodies financed

by them, including the establishment of appropriations to be carried

over and the settling of balances;


145

7. the monitoring accompanying the implementation of current budgets

on the basis of periodic reports provided by the Commission and measures

taken for such implementation with the specialist committees or alter-

natively without prejudice to the powers of the specialist committee

under these Rules;

8. the assessment of the effectiveness of the various forms of Community

financing, the co-ordination of the various financial instruments and the

assessment of the cost-benefit ratio in the implementation of the policies

financed by the European Union;

9. consideration of the credit terms, financing mechanisms and the admin-

istrative structures designed to implement them, by examining cases

of fraud and irregularities;

10. sets of rules or parts thereof dealing with the implementation of budgets;

11. the organisation of checks, the prevention, prosecution and punishment

of fraud and irregularities affecting the budget of the European Union

and concerning the protection of the Community’s financial interests

in general (Article 280 of the EC Treaty);

12. consideration of reports and opinions of the Court of Auditors (Article

248 of the EC Treaty);

13. relations with the Court of Auditors and the appointment of its members,

without prejudice to the powers of the President of Parliament (Article

247 of the EC Treaty).

This committee will examine confidential documents concerning areas within its

remit, having full regard for the provisions of Annex VII.

4. Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs


1. citizens’ rights, human rights and fundamental freedoms in the European

Union;

2. the measures needed to combat all forms of discrimination on the grounds

of sex, racial or ethnic origin, religion or belief, disability, age or sexual

orientation (Article 13 of the EC Treaty) other than those mentioned in

VlII;

3. the protection of physical persons with regard to the processing of

personal data and the free movement of such data (EC Treaty, in partic-

ular Article 286 thereof and Title VI of the EU Treaty);


146

4. matters relating to the maintenance and development of an area of

freedom, security and justice (Article 2, first paragraph, fourth indent,

of the EU Treaty), in particular:

a) under the first pillar (Title IV of the EC Treaty), by means of measures

concerning the entry and movement of persons (policies on

immigration, asylum, visas, the crossing of borders and the right

of residence) (Article 3(l)(d) of the EC Treaty);

b) under the third pillar (Title VI of the EU Treaty), by means of measures

to prevent racism and xenophobia and combat crime, in particular

terrorism, trafficking in persons and offences against children, drug

trafficking, arms trafficking, corruption and fraud, through:

closer co-operation among police forces, customs authorities and other

competent authorities in the Member States, both directly and through

the European Police Office (Europol), in accordance with Articles 30

and 32 of the EU Treaty,

closer co-operation among judicial and other competent authorities in

the Member States, in accordance with Article 31 (a) to (d) and Article

32 of the EU Treaty,

the approximation of the rules on criminal matters in the Member States,

in accordance with Article 31(e) (Article 29 of the EU Treaty);

5. the strengthened co-operation arrangements under the first and third

pillars with a view to establishing an area of freedom, security and justice;

6. the European Monitoring Centre for Drugs and Drug Addiction and the

European Monitoring Centre on Racism and Xenophobia;




5. Committee on Economic and Monetary Affairs


1. the gradual establishment of Economic and Monetary Union;

2. medium and long-term economic and monetary planning (Articles 98

to 100 of the EC Treaty);

3. questions of monetary policy, balance of payments, capital movements

and borrowing and lending policy (control of movements of capital origi-

nating in third countries, measures to encourage the export of the


147

European Union’s capital; application of Articles 56 to 60 and 101 to


4. relations with the European Central Bank;

5. the world monetary system;

6. application of the rules on competition, restrictive practices and monop-

olies (Articles 81 to 86 of the EC Treaty), without prejudice to the powers

of the specialist committees;

7. questions relating to public aid (Articles 87 to 89 of the EC Treaty),

without prejudice to the powers of the specialist committees;

8. tax harmonisation and the application of tax provisions relating to the

free movement of goods, persons, services and capital in the internal

market (Articles 90 to 93 of the EC Treaty);

9. financial services (Article 51(2) of the EC Treaty) and aspects related

to the prudential supervision and monitoring of such services;




6. Committee on Legal Affairs and the Internal Market


1. legal aspects of the creation, interpretation and application of Commu-

nity law, including the choice of legal basis for Community acts and

compliance with the principles of subsidiarity and proportionality;

2. legal aspects of the creation, interpretation and application of inter-

national law, in so far as it affects the European Union;

3. all matters relating to the simplification of Community law, in partic-

ular legislative proposals for its official codification;

4. co-ordination at Community level of national legislation in the sphere

of the internal market, in particular:

a) the establishment and operation of the internal market (Articles

14 and 15 of the EC Treaty);

b) the right of establishment and the freedom to provide services

(Articles 43 to 55 of the EC Treaty), except for financial services;

c) the Office for Harmonisation in the Internal Market;

5. intellectual property law;


148

6. civil liability law, contract law and procedural law, irrespective of the

sector concerned;

7. consumers’ legal protection;

8. the Staff Regulations of the European Communities (Article 283 of the

EC Treaty), with the exception of matters pertaining to remuneration,

unless they have substantial implications for the legal status of staff;

9. the protection of Parliament’s rights and prerogatives, including its

involvement in actions before the Court of Justice and the Court of First

Instance;

10. ethical questions related to new technologies, in strengthened co-opera-

tion with the relevant committee or committees;

11. verifying the credentials of newly elected Members and ruling on any

dispute concerning the validity of the appointment of a Member;

12. privileges and immunities;

13. the Statute for Members;




7. Committee on Industry, External Trade, Research and Energy


1. Community industrial policy, including its application in specific

sectors, such as telecommunications, the technological and economic

aspects of the information society, the space industry, information

technology and biotechnology, in particular;

a) the establishment and development of trans-European networks

in the telecommunications infrastructure sector (Articles 154 to


b) the application of new technologies in specific industrial and service

sectors (standards, competition rules, freedom of movement and

freedom to provide services and general problems relating to the

Organisation of production sectors);

c) Community technical standards (in conjunction with the European

standardisation institutes);


149

2. monitoring of the Union’s common commercial policy (Articles 131

to 134 of the EC Treaty), in particular:

a) international agreements governing economic and trade relations

with third countries;

b) the economic and trade aspects of the European Economic Area

and relations with EFTA;

c) matters concerning the OECD and regional economic and commer-

cial integration organisations situated outside the Community and

agreements signed in that context;

d) all aspects concerning the WTO and other international economic

organisations, particularly as regards trade in goods and services,

investment, public contracts, competition and intellectual property;

e) the common external tariff and dumping practices by third countries;

f) economic co-operation, including the major programmes offering

technical assistance and financial support to associated third

countries (Phare, Tacis and Meda) and the economic aspects of the

association and partnership agreements;

3. fundamental or pre-industrial research, the Community research and

technological development framework programme and other specific

programmes (Articles 163 to 173 of the EC Treaty), in particular:

a) research and technological development agreements with third parties

and the application of such technological research and development;

b) dissemination of research findings;

c) the arrangements for the implementation of or participation in the

framework research programme (Articles 168 to 171 of the EC

Treaty);

4. the activities of the JRC, the Central Office for Nuclear Measurements,

JET, ITER and other projects in the same area;

5. energy policy in general and in particular energy supplies, including coal

and nuclear energy under the ECSC and EAEC Treaties, in particular:

a) the Energy Charter;

b) the establishment and development of trans-European networks

in the energy infrastructure sector (Articles 154 to 156 of the EC

Treaty);

c) nuclear safety;

d) renewable energies;


150




The inter-parliamentary delegations and ad hoc delegations will consult with this

committee on the economic and trade aspects of relations with third countries.

8. Committee on Employment and Social Affairs


1. employment policy (Title VIII of the EC Treaty), including measures to

combat unemployment, job creation and the Employment Committee;

2. social policy (Articles 136 to 145 of the EC Treaty, with the exception

of Article 141), in particular:

a) protection of living and working conditions, including the working

environment, in order to protect the health and safety of workers;

b) information and consultation of workers;

c) collective protection of workers’ and employers’ interests;

d) wages and pensions policy;

e) social security and welfare protection;

f) social exclusion and social cohesion;

g) employment conditions for legal residents from third countries;

h) housing policy and promotion of low-cost housing schemes;

3. the social dimension and the labour market in the information society;

4. the European Social Fund (Articles 146 to 148 of the EC Treaty);

5. vocational training (Article 150 of the EC Treaty), and in particular:

a) implementation of a Community vocational training policy;

b) harmonisation of professional qualifications;

6. the free movement of workers (Articles 39 to 42 of the EC Treaty);

7. social dialogue;


151

8. the following bodies:

• the European Centre for the Development of Vocational Training

(Cedefop)

• the European Foundation for the Improvement of Living and

Working Conditions

• the European Training Foundation

• the European Agency for Health and Safety at Work;

9. all forms of discrimination on the grounds of sex, racial or ethnic origin,

religion or belief, disability, age or sexual orientation (Article 13 of the

EC Treaty), related to fundamental social rights and to the labour market;




9. Committee on the Environment, Public Health and Consumer Policy


1. environmental policy and environmental protection measures (Article

174 of the EC Treaty), in particular:

a) air, soil and water pollution;

b) climate change;

c) classification, packaging, labelling, transport and use of dangerous

substances and preparations;

d) fixing permissible noise levels;

e) treatment and storage of waste (including recycling);

f) international and regional measures and agreements aimed at

protecting the environment;

g) protecting fauna and its habitat;

h) provisions of the Law of the Sea regarding the environment;

i) the European Environment Agency;


152

2. public health (Article 152 of the EC Treaty), in particular:

a) programmes in the field of public health;

b) labelling and safety of foodstuffs;

c) veterinary legislation concerning protection against dangers to

human health arising from bacteria and residues in animal products;

public health checks on foodstuffs and food production systems;

d) pharmaceutical products, including veterinary products;

e) the European Agency for the Evaluation of Medicinal Products;

f) medical research;

g) cosmetic products;

3. consumer policy, in particular:

a) protection of consumers against risks to their health and safety;

b) appropriate consultation and representation of consumers during

the preparation of decisions which affect their interests, in partic-

ular their economic interests;

c) improvement of consumer information and education;




10. Committee on Agriculture and Rural Development


1. the operation and development of the common agricultural policy and

forestry policy (Articles 32 to 38 and, where appropriate, 95 and 152

of the EC Treaty);

2. rural development, including the activities of the EAGGF – Guidance

Section;

3. legislation on:

• veterinary and plant-health matters

• animal feeding stuffs, provided that the agricultural aspect of these

matters is predominant, by comparison with any risks to human

health which may stem from them

• animal husbandry and welfare;

4. supplies of agricultural raw materials;


153

5. the Community Office for Plant Varieties;




11. Committee on Fisheries


1. the operation and development of the common fisheries policy and its

management;

2. conservation of fishery resources;

3. common organisation of the market in fishery products;

4. structural policy in the fisheries and aquaculture sectors, including the

financial instruments for fisheries guidance (FIFG and PESCA);

5. international fisheries agreements (concluded pursuant to Article 37

in conjunction with Article 300 of the EC Treaty);




12. Committee on Regional Policy, Transport and Tourism


1. Community regional policy understood as a structural policy designed

to foster the convergence of economies, economic and social cohesion,

the harmonious, balanced and sustainable development of the Union

(Article 2 of the EC Treaty) and the lessening of socio-economic imbal-

ances among the various areas of the Union, in particular:

a) the drawing up, implementation and evaluation of Community

regional policy plans and projects concerning, in particular, the

less-developed regions, areas undergoing socio-economic change

in the industrial and service sectors and urban areas;

b) the problems of the outermost regions and islands (Declaration No

30 of the Amsterdam Treaty);

c) the impact of other Community policies on economic and social

cohesion;


154

d) the European Regional Development Fund, the Cohesion Fund and

the other instruments of Community regional policy;

e) co-ordination of Community structural instruments;

f) the use and results in the Member States of Community regional

intervention measures and the co-ordination and impact of

national regional aid schemes;

g) trans-frontier and inter-regional co-operation;

h) relations with the Committee of the Regions;

i) relations with local and regional authorities and their involvement

in the framing of regional policy;

2. a common transport policy (Articles 70 to 80 of the EC Treaty), incor-

porating rail, road and inland waterway transport and maritime and air

transport, in particular:

a) the creation of a European transport network and in particular the

establishment and development of trans-European networks in the

transport infrastructure sector (Articles 154 to 156 of the EC Treaty);

b) the drafting of common rules applicable to international transport;

c) discrimination, harmonisation and co-ordination in the transport

sphere;

d) the European Union’s policy on ports and airports;

3. tourism;

4. the development of a European regional planning policy, including an

urban policy;

5. postal services;

6. the monitoring accompanying the implementation of current expenditure

for which it has responsibility, on the basis of periodic reports provided

by the Commission.


155

13. Committee on Culture, Youth, Education, the Media and Sport


1. the cultural aspects of the European Union, and in particular improving

the knowledge and dissemination of culture, the conservation and

safeguarding of cultural heritage, cultural exchanges and artistic creation

(Article 151 of the EC Treaty);

2. the European Union’s education policy (Article 149 of the EC Treaty),

in particular:

a) the teaching and dissemination of the languages of the Member

States;

b) student and teacher mobility;

c) fostering co-operation among educational establishments;

d) the development of distance education and life-long learning;

e) the development of the European University and promotion of the

system of European schools;

3. youth policy: exchanges of young people, with the exception of young

workers, the European voluntary service and other measures designed

to involve young people in the European integration process, such as

the European Youth Forum;

4. the audio-visual industry and the cultural and educational aspects of

the information society;

5. information and media policy and informing public opinion about the

activities of the European Union;

6. the development of a sports (Declaration No 29 of the Amsterdam Treaty)

and leisure policy;

7. co-operation in the areas of culture and education with third countries

and the competent international organisations, in particular the Council

of Europe;





156

14. Committee on Development and Co-operation


1. the promotion, application and monitoring of the development and co-

operation policy of the European Union (Articles 177 to 181 of the EC

Treaty), including:

a) political dialogue with developing countries;

b) economic, trade and investment policy as regards developing

countries, including the Generalised System of Preferences;

c) humanitarian aid, emergency aid and food aid in developing

countries;

d) technical and financial co-operation with developing countries;

e) other sectoral issues, such as health, education, industrial and rural

development;

f) support for the process of democratisation, good governance and

human rights in developing countries;

2. negotiation, conclusion and implementation of the ACP-EC Convention;

3. relations with relevant international, multilateral and non-governmental

organisations;





157

15. Committee on Constitutional Affairs


1. the development of European integration, in particular in the framework

of the preparation and proceedings of the intergovernmental conferences;

2. the institutional consequences of enlargement negotiations of the

European Union;

3. the implementation of the EU Treaty and the assessment of its operation;

4. general relations with the other institutions or bodies of the European

Union;

5. the drawing-up of a draft uniform electoral procedure (Article 190(4)

of the EC Treaty);

6. the development of European political parties (Article 191 of the EC

Treaty);

7. the establishment of instances of a serious and persistent breach by a

Member State of the principles common to the Member States (Article

7 of the EU Treaty and Article 309 of the EC Treaty);

8. the Rules of Procedure of the European Parliament, i.e.:

a) the wording of the Rules of Procedure, including the annexes;

b) consideration of amendments to the Rules of Procedure tabled

pursuant to Rule 181 and the drafting of reports on that subject;

c) the interpretation of the Rules of Procedure pursuant to Rules 142

and 180;





158

16. Committee on Women’s Rights and Equal Opportunities


1 . the definition, the evolution and the implementation of women’s rights

in the Union and fostering women’s rights in third countries;

2. the implementation and further development of mainstreaming in all

sectors;

3. the establishment and evaluation of all policies and programmes for

women;

4. the follow-up and implementation of international agreements and

conventions involving the rights of women (United Nations, Interna-

tional Labour Office, etc.);

5. information policy and studies on women;

6. the policy on equal opportunities (Article 141 of the EC Treaty), including

equality between men and women with regard to labour market oppor-

tunities and treatment at work (Article 137(l), fifth indent, of the EC

Treaty);




17. Committee on Petitions


1. petitions (Article 21 of the EC Treaty), consideration thereof and action

to be taken in connection therewith and relations with the Ombudsman;





159

vi) Committee co-ordinators of the principle political groups

Comm

itteeCode

European Peoples Party &European Dem

ocrats (EPP/ED)Party of European Socialists (PES)

European Liberal Democratic &

Reform (ELDR)

European United Left/Nordic Green(GUE/NGL)

1.Foreign Affairs etc

(AFET)Arie OOSTLANDER (NL)José SALAFRANCA

Jannis SAKELLARIOU (GR)Bertel HAARDER (DK)

Pedro MARSET CAM

POS (ES)

2.Budgets

(BUDG)Reim

er BÖGE (D)Ralf W

ALTER (D)Kyösti VIRRANKOSKI (SF)

Francis WURTZ (FR)

3.Budgetary Control

(CONT)José POM

ES RUIZ (ES)Eluned M

ORGAN (UK)Jan M

ULDER (NL)M

arianne ERIKSSON (SW)

4.Citizens’ Freedom

s etc(LIBE)

Hubert PIRKER (A)M

artin SCHULZ (D)Sarah LUDFORD (UK)

Giuseppe DI LELLO (I)

5.Econom

ic etc(ECON)

Karl von WOGAU (D)

Robert GOEBBELS (L)Carlos GASOLIBA I BÖHM

(ES)M

ikhail PAPAYANNAKIS (GR)

6.Legal Affairs etc

(JURI)Klaus-Heiner LEHNE (D)

Manuel M

EDINA ORTEGA (ES)Diana W

ALLIS (UK)???

7.Industry etc

(INDU)Giles CHICHESTER (UK)

Eryl McNALLY (UK)

Elly PLOOIJ-VAN GORSEL (NL)???

8.Em

ployment etc

(EMPL)

Bartho PRONK (NL)Stephen HUGHES (UK)

Liz LYNNE (UK)Herm

an SCHMID (SW

)

9.Environm

ent etc(ENVI)

Karl-Heinz FLORENZ (D)Dagm

ar ROTH-BERENDT (D)Karl Erik OLSSON (SW

)Jonas SJÖSTEDT (SW

)

10.Agriculture etc

(AGRI)Lutz GOEPEL (D)

Georges GAROT (FR)Giovanni PROCACCI (I)

Salvador JOVÉ PERES (ES)

11.Fisheries

(PECH)Brigitte LANGENHAGEN (D)

Rosa MIGUELEZ RAM

OS (ES)Niels BUSK (DK)

Salvador JOVÉ PERES (ES)

12.Regional etc

(REGI)Georg JARZEM

BOWSKI (D)

Brian SIMPSON (UK)

Paolo COSTA (I)???

13.Culture etc

(CULT)Doris PACK (D)

Barbara O’TOOLE (UK)Ole ANDREASEN (DK)

Geneviève FRAISSE (FR)

14.Developm

ent etc(DEVE)

John CORRIE (UK)Francisca SAUQILLO PÉREZ DELARCO (ES)

Bob VAN DEN BOS (NL)Jasm

ine BOUDJENAH (FR)

15.Constitutional

(AFCO)Inigo M

ENDEZ DE VIGO (ES)Richard CORBETT (UK)

Andrew DUFF (UK)

Sylvia-Yvonne KAUFMANN (D)

16.W

omen etc

(FEMM

)M

aría Antonia AVILES PEREA (ES)Lissy GRÖNER (D)

Lone DYBKJAER (DK)M

arianne ERIKSSON (SW)

17.Petitions

(PETI)Roy PERRY (UK)

Margot KESSLER (D)

Astrid THORS (SF)Laura GONZÁLEZ ÁLVAREZ (ES)

Key to nationalities:A: Austria • B: Belgium

• D: Germany • DK: Denm

ark • EIR: Ireland • ES: Spain • FR: France • GR: Greece • I: Italy • L: Luxembourg • NL: Netherlands • SF: Finland • SW

: Sweden • UK: United Kingdom

Green/European Free Alliance (V/ALE)

Daniel COHN-Bendit (FR) and Joost LAGENDIJK (NL)

Kathalijne BUITENWEG (NL)

Bart STAES (B)

Ozan CEYHUN (D)

Pierre JONOKHEER (B)

Neil McCORM

ICK (UK)

Caroline LUCAS (UK)

Hélene FLAUTRE (FR)

Alexander de ROO (FR)

Danielle AUROI (FR)

Théo BOUWM

AN (NL)

Luckas VANDER TAELEN (B)

Didier ROD (FR)

Monica FRASSONI (B)

Patricia McKENNA (EIR)

Patsy SORENSEN (B)

Eurig WYN (UK)


160

8annex

European Parliament, Council, Commission

J O I N T D E C L A R AT I O N O N P R A C T I C A L A R R A N G E M E N T S F O R T H EN E W C O - D E C I S I O N P R O C E D U R E

Annex 8:European Parliament Council Commission

Joint declaration on practical arrangements for the new co-decision procedure (Article 251 of the treaty establishingthe European Community) (1999/c 148/01)

Preamble

The European Parliament, the Council and the Commission, hereinafter referred

to as the ‘institutions’, note that the present practice of contacts between the

Council Presidency, the Commission and the chairmen of the relevant commit-

tees and/or the rapporteurs of Parliament and between the co-chairmen of the

Conciliation Committee has proved its worth. The institutions confirm that this

practice should be extended to cover all stages of the co-decision procedure. The

institutions undertake to examine their working methods with a view to making

effective use of all the possibilities afforded by the new co-decision procedure.

The institutions shall do what is necessary, in accordance with their rules of proce-

dure, to promote reciprocal information about co-decision proceedings.

1. First reading

1. The institutions shall co-operate in good faith with a view to reconciling

their positions as far as possible so that wherever possible acts can be

adopted at first reading.

2. The institutions shall ensure that their respective calendars of work are

co-ordinated as far as possible in order to facilitate the conduct of proceed-

ings at first reading in a coherent and convergent manner in the European

Parliament and the Council. They shall establish appropriate contacts to

monitor the progress of the work and analyse the degree of convergence.

3. The Commission shall ensure that such contacts are facilitated and shall

exercise its right of initiative in a constructive manner with a view to

making it easier to reconcile the positions of the European Parliament

and the Council with due regard for the balance between the institu-

tions and the role conferred on that institution by the Treaty.


162

2. Second reading

1. In its statements of reasons the Council shall explain as clearly as possible

the reasons that have led it to adopt its common position. During its

second reading the European Parliament shall take the greatest possible

account of those reasons and of the Commission’s opinion.

2. Appropriate contacts may be established with a view to achieving a better

understanding of the respective positions and thus to bringing the legisla-

tive procedure to a conclusion as quickly as possible.

3. The Commission shall ensure that such contacts are facilitated and shall

give its opinion with a view to reconciling the positions of the Council

and the European Parliament, with due regard for the balance between

the institutions and the role conferred on that institution by the Treaty.

3. Conciliation

1. The Conciliation Committee shall be convened by the President of the

Council, with the agreement of the President of the European Parlia-

ment and with due regard to the provisions of the Treaty.

2. The Commission shall take part in the conciliation proceedings and shall

take all the necessary initiatives with a view to reconciling the positions

of the European Parliament and the Council. Such initiatives may include,

inter alia, draft compromise texts reflecting the positions of the Council

and the European Parliament, with due regard to the role conferred upon

the Commission by the Treaty.

3. The Committee shall be chaired jointly by the President of the European

Parliament and the President of the Council.

Committee meetings shall be chaired alternately by each co-chairman.

The dates and the agenda for the Committee’s meetings shall be set jointly

by the co-chairmen. The Commission shall be consulted on the dates

envisaged. The European Parliament and the Council shall set aside, for

guidance, appropriate dates for conciliation proceedings and shall notify

the Commission thereof

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163

While respecting the Treaty provisions regarding time limits, the

European Parliament and the Council shall, as far as possible, take account

of scheduling requirements, in particular those resulting from breaks

in the institutions’ activities and from European Parliament elections.

In any case, the interruption of activities shall be as short as possible.

The Committee shall meet alternately at the premises of the European

Parliament and those of the Council.

4. The Committee shall have available to it the Commission proposal, the

Council’s common position, the amendments proposed by the European

Parliament, the Commission’s opinion thereon and a joint working

document by the European Parliament and Council delegations. The

Commission shall, as a general rule, submit its opinion within two weeks

of official receipt of the outcome of Parliament’s vote and at the latest

by the commencement of conciliation proceedings.

5. The co-chairman may submit texts for the Committee’s approval.

6. The detailed outcome of votes and, where appropriate, explanations

of vote, taken within each delegation to the Conciliation Committee,

shall be forwarded to the Committee.

7. Agreement on a joint text shall be established at a meeting of the Concil-

iation Committee or, subsequently, by an exchange of letters between

the co-chairmen. All copies of such letters shall be forwarded to the

Commission.

8. If the Committee reaches agreement on a joint text, it shall, after legal/

linguistic finalisation, be submitted to the co-chairmen for approval.

9. The co-chairmen shall forward the approved joint text to the Presidents

of the European Parliament and of the Council by means of a jointly

signed letter. Where the Conciliation Committee is unable to agree on

a joint text, the co-chairmen shall notify the Presidents of the European

Parliament and of the Council thereof in a jointly signed letter. Such

letters shall serve as minutes.

Copies of such letters shall be forwarded to the Commission for their

information.

10. The General Secretariats of the Council and of the European Parliament

shall act jointly as the Committee’s secretariat, in association with the

General Secretariat of the Commission.


164

4. General provisions

1. Should the European Parliament or the Council deem it essential to

extend the time limits referred to in Article 251 of the Treaty establishing

the European Community, they shall notify the President of the other

institution and the Commission thereof.

2. Texts shall be finalised by the legal/linguistic experts of the Parliament

and of the Council acting in close co-operation and by mutual agreement.

3. Following the adoption of a legislative act under the co-decision proce-

dure by the European Parliament and the Council, the text shall be

submitted, for signature, to the President of the European Parliament

and the President of the Council and to the Secretaries-General of the

two institutions.

The jointly signed text shall be forwarded to the Official Journal for publi-

cation if possible within at most one month, and in any case as soon

as possible.

4. If one of the institutions finds a clerical error in a text (or in any of the

language versions), it shall immediately notify the other institutions. If

the error is found in an act that has not yet been adopted, the legal/

linguistic services of the European Parliament and of the Council shall

prepare the necessary corrigendum in close co-operation. Where the

error is found in an act that has already been adopted or published, the

European Parliament and the Council shall adopt, by mutual agreement,

a corrigendum drawn up under their respective procedures.

Done at Strasbourg, 4 May 1999.

For the European Parliament

The President

For the Council of the European Union

The President

For the Commission of the European Communities

The President

A N N E X 8 : E U R O P E A N P A R L I A M E N T , C O U N C I L , C O M M I S S I O N

165

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9annex

Current British Members of ECOSOC

Annex 9:Current British Members of ECOSOC

Campbell CHRISTIE Group 2

Ann DAVISON Group 3

Rose D’SA Group 3

David EVANS Group 1

Josie IRWIN Group 2

Ken JACKSON Group 2

Tom JENKINS Group 2

Malcolm LEVITT Group 1

John LITTLE Group 1

Helen McGRATH Group 2

Peter MORGAN Group 1

Tim PAPÉ Group 3

James PETRIE Group 3

Sukhdev SHARMA Group 3

Alison SHEPHERD Group 2

John SIMPSON Group 3

Sandra THOMAS Group 3

Yvonne THOMPSON Group 1

Bill TOSH Group 1

Kenneth WALKER Group 1

Eddy WARRILLOW Group 2

Clive WILKINSON Group 1

Alma WILLIAMS Group 3

George WRIGHT Group 2


168

Members of ECOSOC can be contacted at:

Economic and Social Committee of the European Communities

Rue Ravenstein 2

B-1000 Brussels

Belgium

A N N E X 9 : C U R R E N T B R I T I S H M E M B E R S O F E C O S O C

169

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10annex

Committee of the Regions (COR)

U N I T E D K I N G D O M O F G R E AT B R I TA I N A N D N O R T H E R N I R E L A N D

Annex 10:Committee of the Regions (COR)

United Kingdom of Great Britain and Northern Ireland

Members

John BATTYE

Member of Oldham Metropolitan Borough Council

Tel: 0161 911 30 00

Fax: 0161 911 40 26

PES

Kenneth BODFISH OBE

Member of Brighton and Hove Unitary Authority

Tel: 01273 29 10 05

Fax: 01273 29 10 03

PES

Albert BORE

Member of Birmingham County Council

Tel: 0121 303 20 30

Fax: 0121 303 32 42

PES

Ruth COLEMAN

Member of North Wiltshire District Council

Tel: 01249 44 33 22

Fax: 01249 44 31 52

ELDR

Sir Simon DAY

Member of Devon County Council

Tel: 01392 38 20 00

Fax: 01392 38 22 86

EPP


172

Sir Reg EMPEY

Member of Belfast City Council

Tel: 01232 32 02 02

Fax: 01232 794 530

EPP

George GILL CBE

Member of Gateshead Metropolitan Borough Council

Tel: 0191 477 10 11

Fax: 0191 477 609

PES

Lady HANHAM CBE

Member of the Council of the Royal Borough of Kensington and Chelsea

Tel: 0207 937 86 92

Fax: 0207 361 31 05

EPP

Lord HANNINGFIELD of CHELMSFORD

Member of Essex County Council

Tel: 01245 492211

Fax: 01245 491028

EPP

Denis HAUGHEY

Member of Cookstown District Council

Tel: 01648 763 349

Fax: 01648 769 187

PES

Hugh HENRY

Member of Renfrewshire Council

Tel: 0141 812 5494

Fax: 0141 812 5494

PES

Jane HORE

Member of Suffolk County Council

Tel: 01473 58 30 00

Fax: 01473 21 45 49

PES

A N N E X 1 0 : C O M M I T T E E O F T H E R E G I O N S ( C O R )

173

Linda MATTHEWS

Merthyr County Borough Council

Tel: 01685 37 10 53

Fax: 01685 38 55 98

PES

Christine MAY

Member of Fife Council

Tel: 01592 41 61 81

Fax: 01592 41 32 19

PES

Sir Dennis PETTITT

Member of Nottinghamshire County Council

Tel: 0115 982 38 23

Fax: 0115 982 24 32

PES

Sally POWELL

Member of Hammersmith and Fulham London Borough Council

Tel: 0207 447 62 17

Fax: 0207 222 49 79

PES

Brian SMITH

Member of Torfaen Borough Council

Tel: 01633 48 27 57

Fax: 01495 75 55 13

PES

Canon Lewis SMITH

Shetland Islands Council

Tel: 01595 744 515

Fax: 01595 744 521

Lord TOPE CBE

Member of Sutton London Borough Council

Tel: 0208 770 7269

Fax: 0208 770 7269

ELDR


174

Dr. James WALSH

Member West Sussex County Council and Arun District Council

Tel: 01243 77 77 52

Fax: 01243 77 76 97

ELDR

Pam WARHURST

Member of Calderdale Metropolitan Borough Council

Tel: 01422 35 72 57

Fax: 01422 39 31 02

PES

Sir Ron WATSON

Member of Sefton Metropolitan Borough Council

Tel: 0151 934 20 61

Fax: 0151 934 20 60

EPP

Milner WHITEMAN

Member of Bridgnorth District Council

Tel: 01952 72 73 40

Fax: 01952 72 73 40

EA

Alternate members

Keith BILLINGTON

Member of Rotherham Borough Council

PES

Diane BUNYAN

Member of Bristol Unitary Authority

PES

Sue DAVIS

Member of Wrekin Unitary Authority

PES

Margaret EATON

Member of Bradford City Council

EPP


175

John EVANS

Member of Caerphilly County Borough Council

PES

John FEE

Member of Newry and Mourne District Council

PES

Toby HARRIS

Member of Harringey London Borough Council

PES

Ruth HENIG

Member of Lancashire County Council

PES

Marcus HUMPHREY

Member of Aberdeenshire Council

EPP

Susie KEMP

Member of Newbury Unitary Authority

EPP

Gordon KEYMER

Member of Tandridge District Council

EPP

David MARTIN

Member of Sefton Metropolitan Borough Council

PES

Sarah McCARTHY-FRY

Member of Portsmouth Unitary Authority

PES

Cormick Keenan McCHORD

Member of Stirling Council

PES

Joan MITCHELL

Member of Dumfries and Galloway Council

ELDR


176

Peter MOORE

Member of Sheffield City Council

ELDR

Irene OLDFATHER, MSP

Member of North Ayrshire Council

PES

George SAVAGE

Member of Craigavon Borough Council

EPP

Ros SCOTT

Member of Suffolk County Council

ELDR

Sir Peter SOULSBY

Member of Leicester Unitary Authority

PES

Ian SWITHENBANK

Member of Northumberland County Council

PES

Liz TUCKER

Member of Hereford and Worcester County Council

ELDR

Keith WHITMORE

Member of Manchester City Council

ELDR

Contact address for members and alternates of the COR:

Committee of the Regions

Rue Belliard 79

1040 Brussels


177

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11annex

Provisions governing the application of Rule9(2) – Lobbying in Parliament

A R T I C L E 1 : PA S S E S

A R T I C L E 2 : A S S I S TA N T S

A R T I C L E 3 : C O D E O F C O N D U C T

Annex 11:Provisions governing the application of Rule9(2) – Lobbying in Parliament

Article 1: Passes

1. The pass shall consist of a plastic card, bearing a photograph of the holder,

indicating the holder’s surname and forenames and the name of the firm,

organisation or person for whom the holder works.

Pass-holders shall at all times wear their pass visibly on all Parliament

premises. Failure to do so may lead to its withdrawal.

Passes shall be distinguished by their shape and colour from the passes

issued to occasional visitors.

2. Passes shall only be renewed if the holders have fulfilled the obligations

referred to in Rule 9(2).

Any dispute by a Member as to the activity of a representative or lobby

shall be referred to the Quaestors, who shall look into the matter and

may decide whether to maintain or withdraw the pass concerned.

3. Passes shall not, under any circumstances, entitle holders to attend

meetings of Parliament or its bodies other than those declared open to

the public and shall not, in this case, entitle the holder to derogations

from access rules applicable to all other Union citizens.

Article 2: Assistants

1. At the beginning of each parliamentary term the Quaestors shall deter-

mine the maximum number of assistants who may be registered by each

Member.

Upon taking up their duties, registered assistants shall make a written

declaration of their professional activities and any other remunerated

functions or activities.


180

2. They shall have access to Parliament under the same conditions as staff

of the Secretariat or the political groups.

3. All other persons, including those working directly with Members, shall

only have access to Parliament under the conditions laid down in Rule

9(2).

Article 3: Code of conduct

1. In the context of their relations with Parliament, the persons whose

names appear in the register provided for in Rule 9(2) shall:

a) comply with the provisions of Rule 9 and this Annex;

b) state the interest or interests they represent in contacts with Members

of Parliament, their staff or officials of Parliament;

c) refrain from any action designed to obtain information dishonestly;

d) not claim any formal relationship with Parliament in any dealings

with third parties;

e) not circulate for a profit to third parties copies of documents obtained

from Parliament;

f) comply strictly with the provisions of Annex 1, Article 2, second

paragraph;

g) satisfy themselves that any assistance provided in accordance with

the provisions of Annex 1, Article 2 is declared in the appropriate

register;

h) comply, when recruiting former officials of the institutions, with

the provisions of the Staff Regulations;

i) observe any rules laid down by Parliament on the rights and respon-

sibilities of former Members;

in order to avoid possible conflicts of interest, obtain the prior consent

of the Member or Members concerned as regards any contractual relation-

ship with or employment of a Member’s assistant, and subsequently satisfy

themselves that this is declared in the register provided for in Rule 9(2).

2. Any breach of this Code of Conduct may lead to the withdrawal of the

pass issued to the persons concerned and, if appropriate, their firms.

A N N E X 1 1 : P R O V I S I O N S G O V E R N I N G T H E A P P L I C A T I O N O F R U L E 9 ( 2 )

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