the council of the european union · council of the european union – 1952–2012: 60 years of law...

6060YEARS

Council meeting with 27 Member States — 3 155th session,

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The ‘Cercle municipal’ in Luxembourg hosted meetings of the

Special Council of the European Coal and Steel Community

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Chancellor Adenauer (centre) presided over the first session of the Special

Council of the European Coal and Steel Community,

Luxembourg, 8 September 1952

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The Justus Lipsius building has been hosting

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The Ravenstein building hosted Council meetings in Brussels


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Council meeting with six Member States — 163rd session,

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‘The Council shall consist of a representative of each Member State

at ministerial level’ Article 16(2) of the Treaty on European Union

The Council,

a key decision-maker

THE COUNCIL OF THE

EUROPEAN UNION

1952–2012: 60 YEARS OF LAW

AND DECISION-MAKING

© Europ

ean Union, 2012 —

ISBN 978-92-824-3724-7 —

doi:10.2860/85140 —

QC-30-12-619-EN

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www.consilium.europa.eu

meets in 10 configurations

General Affairs

Foreign Affairs (presided over by the High Representative)

Economic and Financial Affairs

Justice and Home Affairs

Employment, Social Policy, Health and Consumer Affairs

Competitiveness (Internal Market, Industry, Research and Space)

Transport, Telecommunications and Energy

Agriculture and Fisheries

Environment

Education, Youth, Culture and Sport

Origins

from three Councils to one Council

1952 Special Council of the European Coal and Steel Community

1958 Council of the European Economic Community

Council of the European Atomic Energy Community

1967 The Merger Treaty creates a single

Council of the European Communities

1993 The Maastricht Treaty renames it

Council of the European Union

is assisted by

Coreper (Committee of

Permanent Representatives of the

governments of the Member States)

Committees and working parties

General Secretariat of the Council

is presided over by

each Member State on

a 6-month rotation

legislates

with the

European Parliament

acts by simple majority

qualified majority

unanimity

and soon 28 Member States

expected

Enlargements

from 6 to 27 Member States

1952

1973

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1995

2004

2007

2013

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Rue de la Loi/Wetstraat 1751048 Bruxelles/Brussel

BELGIQUE/BELGIËTel. +32 22816111


QC-31-12-311-EN

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JULY 2013

doi:10.2860/96217

The Council of the European Union1952–2012: Sixty years of law-

and decision-making

Notice

This brochure is produced by the General Secretariat of the Council and is intended for information purposes only.

For information on the European Council and the Council, you can consult the following websites:www.european-council.europa.euwww.consilium.europa.eu

or contact the Public Information Department of the General Secretariat of the Council at:

Rue de la Loi/Wetstraat 1751048 Bruxelles/BrusselBELGIQUE/BELGIË

Tel. +32 22815650Fax +32 22814977www.consilium.europa.eu/infopublic

More information on the European Union is available on the Internet (http://europa.eu).

Cataloguing data can be found at the end of this publication.

Luxembourg: Publications Office of the European Union, 2013

ISBN 978-92-824-3801-5doi:10.2860/96217

© European Union, 2013Reproduction is authorised provided the source is acknowledged.

Printed in Belgium

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and decision-making

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The Council must uphold the interests of the Community in the same way as the interests of the individual States, and strike a balance which does justice to both.

Address by Chancellor Adenauer at the inaugural meeting of the Special Council of the European Coal and Steel Community (Luxembourg, 8 September 1952)

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Table of contents

Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Origins and development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61952 Special Council of the European Coal and Steel Community . . . . . . . . . . . . . . . . . . . . 61958 Council of the European Economic Community Council of the European Atomic Energy Community . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Times of political upheaval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

The “empty chair” crisis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10The Luxembourg compromise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

1967 Council of the European Communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131993 Council of the European Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Enlargement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Voting in the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Preparing the work of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Coreper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Committees and working parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20General Secretariat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Sixty years of decision-making . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Annex I: The Council of the EU - Sixty years through Treaty Articles . . . . . . . . . . . . . . . . . . 25

Annex II: The Council of the EU - Sixty years of qualified majority voting . . . . . . . . . . . . . 37

Annex III: The Secretaries-General and the General Secretariat . . . . . . . . . . . . . . . . . . . . . . . . . 43

Annex IV: The Council of the EU - Documents of historical interest . . . . . . . . . . . . . . . . . . . . 45

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Foreword

This booklet focuses on the origins and history of the Council of the European Union, one of the seven Institutions of the European Union . It is accompanied by the poster “The Council of the European Union – 1952–2012: 60 years of law and decision-making”, which is part of the Archives’ Historical Series .

The booklet is aimed at academics and researchers, but also anyone who is interested in the history of European integration .

All Council documents mentioned in this brochure are available at the Council’s archives (archives .centrales@consilium .europa .eu) .

Further literature on the Council, Coreper and the General Secretariat is available at the Council’s Central Library (bibliotheque .centrale@consilium .europa .eu) .

You can e-mail us with comments or suggestions at:dgf2 .transparency@consilium .europa .eu

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Introduction

On 8 September 1952, the Special Council of the European Coal and Steel Community (ECSC) met for the first time, in Luxembourg . When they sat at the table, Chancellor Adenauer and the other five ministers representing the founding Member States (Belgium, Germany, France, Italy, Luxembourg and the Netherlands) had two, seemingly contradic-tory, roles: on the one hand, to protect their own national interests and, on the other, to pull national resources together in a compromise that would benefit the newly founded Community as a whole .

Sixty years have passed since and the Council, like the European integration process itself, has changed dramatically:

• In1958,twonewCommunitiesweresetup–theEuropeanEconomicCommunityandthe European Community for Atomic Energy – followed by the European Union in 1993 .

• Thenumberofmembershasincreasedalmostfivefold–from6 to 28.

• Areasofresponsibilityhavegrownsteadily,andattimesdramatically,fromthejointadministration of two strategic resources (coal and steel) to an “ever closer union” dealing with a wide range of policies, comparable only with the remits of nation states .

• Decision-makingprocedureshavebecomeincreasinglycomplex.

Despiteallthesechangesanddevelopments,however,themandateoftheCouncilandofthe Ministers it comprises, has remained the same throughout its 60 years of existence: to jointlydecide.

The 60th anniversary of the Council provides an opportunity to take a brief look back at the history of this institution which, since its inaugural meeting in 1952, has been at the heart of European policy-making .

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Chancellor Adenauer and other ministers going up the steps of the Hôtel de Ville in Luxembourg to attend the inaugural meeting of the Special Council

Origins and development


The Treaty establishing the European Coal and Steel Community (ECSC), signed in 1951 in Paris, created an institutional framework comprising a High Authority, a Special Council, an Assembly and a Court . The Council’s main role was to exercise control over the High Authority’s activities by issuing opinions .

The Special Council held its inaugural meeting on 8 September 1952, at the Hôtel de Ville in Luxembourg . It was the second institution to begin work, the High Authority having been set up five months before . The Foreign and the Economic Affairs Ministers of the six founding Member States were present . The meeting was chaired by Chancellor Konrad Adenauer, on the basis of an innovative system providing for each Member State to chair the Council on a three-month rotation . Germany was the first country to hold the Presidency, in line with the alphabetical sequence foreseen in the Treaty .

First Members of the Council 1952 Belgium

Paul Van Zeeland, Minister for Foreign Affairs Jean Pierre Duvieusart, Minister for Economic Affairs

Federal Republic of Germany Konrad Adenauer, Chancellor and Minister for Foreign Affairs Ludger Westrick, Secretary of State for Economic Affairs

France Robert Schuman, Minister for Foreign Affairs Jean-Marie Louvel, Minister for Trade and Industry

Italy Alcide De Gasperi, Minister for Foreign Affairs Pietro Campilli, Minister for Trade and Industry

Luxembourg Joseph Bech, Minister for Foreign Affairs Michel Rasquin, Minister for Economic Affairs

Netherlands Johan Willem Beyen, Minister for Foreign Affairs Jelle Zijlstra, Minister for Economic Affairs

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During that inauguralmeeting, theCouncil adopted rulesofprocedureandestablisheda secretariat, appointing Christian Calmes, a diplomat from Luxembourg, as Secretary-General of the Council . The Ministers also agreed on the statute of the members of the High Authority and of the Court . Jean Monnet, the President of the High Authority, outlined what his institution had accomplished to date, and presented its work programme for the coming months . The Council also discussed the future relations of the newly established Community with non-member countries, in particular the United Kingdom and the United States, and with other international organisations .

Throughout the Council’s inaugural meeting, the idea was emphasised that the Coal and Steel Community constituted a single step on a broader path to further European integration, and this was taken as a point of reference in the speeches of both presidents . Indeed, on 10 September 1952, the Foreign Affairs Ministers held a conference on the sidelines of the Council, where they adopted a resolution calling for the Assembly to prepare a draft treaty on the creation of a European Political Community, which would have a broader membership and be more supranational in nature .

“Now that the Coal and Steel Community has been brought into being and the Treaty on the European Defence Community and associated Treaties have been signed, the doubters should have courage and be confident that a united Europe will be created.”

Address given by Chancellor Adenauer at the first session of the Special Council of the European Coal and Steal Community (Luxembourg, 8 September 1952) 1

1 Minutes of the inaugural meeting of the Special Council of the ECSC, held in Luxembourg from 8 to 10 September 1952, Annex Ia (CM1 1/1952) p . 18 .

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The Cercle Municipal in Luxembourg hosted meetings of the Special Council of the European Coal and Steel Community between 1952 and 1967

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1958 Council of the European Economic Community Council of the European Atomic Energy Community

The planned European Political Community never came to fruition . As soon as it was concluded, the Assembly’s draft treaty gave rise to passionate public debates and lengthy diplomatic discussions . When, on 30 August 1954, the French National Assembly failed toratifytheTreatyestablishingtheEuropeanDefenceCommunity,whichtheEuropeanPolitical Community was suppose to oversee, both plans were gradually abandoned . Instead, the six chose to proceed along the path of progressive economic integration .

On 26 June 1956, in Brussels, an Intergovernmental Conference on the common market and Euratom established a committee to launch negotiations for what came to be known as the Treaties of Rome – the founding Treaties establishing the European Economic Community (EEC) and the European Atomic Energy Community (EAEC), which entered into force on 1 January 1958 . The committee was chaired by Paul-Henri Spaak, the Belgian Minister for Foreign Affairs, and attended by delegations from the six members of the ECSC .

Similar to the institutional structure of the ECSC, the new communities also comprised four institutions:aCommission,aCounciland,shared jointlywithECSC,anAssemblyand a Court . However, the balance of power between the two executives (the Council and the Commission) had shifted markedly, with the Council acquiring a role similar to the one that it still holds today: a key decision-making body .

ThetwonewCouncilsheldajointinauguralmeetingatthePalais des Académies in Brussels on 25 January 1958 . The meeting was chaired by Victor Larock, the Belgian Minister for Foreign Affairs . The presidents of the three executives, Walter Hallstein (first President of the European Commission), Paul Finet (President of the ECSC High Authority) and Enrico Medi (Vice-President of the Euratom Commission), were also present .

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Inaugural meeting of the Councils of the European Economic Community and of the European Atomic Energy Community held at the Palais des Académies in Brussels on 25 January 1958

There were numerous procedural issues to be dealt with as the Councils decided on their respective rules of procedure, on the Community’s initial expenditure and on the stat-ute of the members of the two Commissions . The Ministers also agreed on setting up a Committee of Permanent Representatives (Coreper), an Economic and Social Committee and the Assembly . By contrast with the triple institutional setting of the Communities, the Councils endorsed a recommendation that the “same body of officials is to make up the Secretariat of the three Councils” .2 This meant that the existing secretariat of the ECSC Special Council would also assist the two new institutions.

2 Minutes of the inaugural meeting of the Councils of the EEC and the EAEC, held in Brussels on 25 January 1958 (CM2 20/1958) .

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As had happened at the inaugural meeting of the Special Council, the idea that these two newCommunitieswerejustoneofmanystepstowardsthecreationofamoreintegratedpolitical and social Europe was prominent in the addresses of the main speakers . In the words of the Councils’ president, Victor Larock:

“The social objectives are rather swamped in the Economic Community Treaty as a whole, […] but if we want people in our countries and throughout Europe to be won over to the ideas that guide us, these are the objectives that need to be at the forefront of our minds. What would be the point in focusing on promoting pro-duction, trade and the free movement of capital if economic progress were not used for man’s benefit?”

Opening address of Victor Larock, Belgian Foreign Minister and President-in-Office of the Councils, at the inaugural meeting of the EEC and EAEC Councils, held in Brussels on 25 January 1958 (Annex I, CEE EUR/CM/20 f/58).3

Times of political upheaval

The “empty chair” crisis

The need to coordinate the activities of the three Communities emerged as soon as they were created in 1958, and by 1960 the merging of the executives was already being discussed by all the institutions . Coreper held its first substantive discussion on the issue in November 1960 .4 The negotiations were not without difficulty, however . The political context of the 1960s was not favourable to compromises, as the first crisis of the integration process shows, notably, France’s absence from Council meetings in what came to be known as the “empty chair” crisis .

3 Minutes of the inaugural meeting of the Councils of the EEC and the EAEC, held in Brussels on 25 January 1958, Annex I (CM2 20/1958) p . 4 .

4 Summary record of the restricted meeting of the Permanent Representatives Committee, held in Brussels on 10 November 1960 (CM2 1960 RP/CRS/2) p . 4 .

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The “empty chair” policy: From 1 July 1965 to 29 January 1966, France refused to attend any meetings of the Community bodies in Brussels

Money and power were the classical concerns at the heart of the “empty chair” crisis . As foreseen in the Treaties, two crucial Community issues had to be agreed upon in 1965: the financing of the common agricultural policy (CAP) and the increased use of qualified majorityvotingintheCouncil.

The regulations on the financing of the CAP were due to expire in July 1965 . A year before, the Council of the EEC had asked the Commission to put forward a proposal on the financ-ing of the CAP for the period 1965–1970 . The then President of the European Commission, Walter Hallstein, took this opportunity to advance an overall revision of the EEC’s financial structures and the responsibilities of the Parliamentary Assembly and of the Commission itself . The Commission’s proposal provided for the establishment of a system of own resources for the Community that would no longer rely on Member States’ national contri-butions . Hallstein also argued for an extension of the Assembly’s budgetary powers and the allocation of greater responsibilities for the Commission .

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In parallel to those discussions, the EEC institutions were also preparing for the third stage ofthetransitionalperiodfortheestablishmentofthecommonmarket.Duetobeginon1 January 1965, the third stage in the creation of the internal market foresaw an increased useofqualifiedmajorityvotingintheCouncil.

A Community equipped with its own resources, a stronger Commission and the gener-aliseduse of qualifiedmajoritywent againstPresidentCharles deGaulle’s visionof thefuture of European integration . On 30 June 1965, the EEC Council met to discuss the Commission’s proposals on the financing of the CAP and the crisis reached its pinnacle . France, represented by its Agriculture Minister, Edgar Pisani, and Finance Minister, Valéry Giscard d’Estaing, loudly voiced its disagreement with the Commission and the other five Member States . The next day, on 1 July 1965, the French Government recalled to Paris the French Permanent Representative in Brussels and announced its intention not to attend future meetings of the Council or to take part in the work of Coreper and other Council committees and working parties .

The Luxembourg compromise

The empty chair policy lasted approximately six months, when it was finally brought to an end by an extraordinary meeting of the Council held in Luxembourg and lasting four days (17–18 and 28–29 January 1966) . On 29 January 1966, the Council issued a statement that the six Member States had reached agreement on future relations between the Commission andtheCouncilandontheapplicationofqualifiedmajorityvoting.Thisagreementbecameknown as the “Luxembourg compromise” .5

The Luxembourg compromise restricted the Commission’s growing influence and gave a right of veto to Member States . Under the compromise, when decisions to be adopted byqualifiedmajoritywereperceivedbyaMemberStatetoaffectimportantinterests,theCouncil would “endeavour, within a reasonable time, to reach solutions which [could] be adopted by all Members of the Council while respecting their mutual interests and those of the Community” .6

5 Minutes of the extraordinary meeting of the Council of the EEC, held in Luxembourg on 17–18 and 28–29 January 1966 (CM2 C/12/66) .

6 Idem, p . 88 .

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The Luxembourg compromise is often seen as having had a negative affect on the process of European integration, as it gave individual Member States the opportunity to put spe-cific proposals on hold and limited the Commission’s influence . However, this reputation often neglects the crucial contribution it made: while it may have slowed down the process of integration in relation to existing expectations, the compromise allowed that process to continue – and continue it did . Since then, the founding treaties have been modified five times . Each modification has extended the Communities’ areas of competence and made procedures more open and transparent . In parallel, membership has also changed and the six foundingmembershavebeen joinedby22otherEuropeanStates,over thecourseofseven enlargements .

1967 Council of the European Communities

The Luxembourg compromise paved the way for resolving the issue of coordinating the activities of the Communities and their Institutions . What became known as the “merger of the executives” took place ten years after the three Communities were founded . The Merger Treaty, also known as the Brussels Treaty after the city in which it was signed, came into force on 1 July 1967 . It established a single Council – the Council of the European Communities – to replace the Special Council of the ECSC and the Councils of the EEC and of the EAEC . Similarly, it created a single Commission – the Commission of the European Communities – to replace the High Authority of the ECSC and the Commissions of the EEC and EAEC . The three Communities already shared the Assembly and the Court .

Despitethemergeroftheexecutives,therewasnomergeroftheTreaties.EachCommunityretained its legal independence and the Council continued to act differently according to the powers attributed to the institutions by the respective founding Treaties .

1993 Council of the European Union

It was in November 1993, with the entry into force of the Maastricht Treaty, that the Council was given its current name – the Council of the European Union . The Maastricht Treaty was of pivotal importance for the process of European integration, providing a more political dimension to the economic cooperation already in place . The Treaty is best

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known for establishing the European Union and its three-pillar structure: the European Community (first pillar), the common foreign and security policy (CFSP, second pillar), and justiceandhomeaffairs(JHA,thirdpillar).Maastrichtalsopavedthewayforthecreationof the European monetary union and the single currency, the euro .

The compromise reached by the European Council in Maastricht masterfully intertwined pre-existing policy structures under the single umbrella of the Union . The first pillar grouped together the three existing Communities and gave a wider policy scope to the process of economic integration, the second pillar further developed European political cooperation, first mentioned in the treaties by the Single European Act, and the third pillar built upon the experience gained under the Schengen Agreement and its implementing Convention .

Maastricht’s pillar structure limited the powers of the European Commission, the European Parliament and the European Court of Justice to influence the new policy areas contained under the second and third pillars, the intergovernmental nature of which gave the Council a natural authority . However, under the first pillar – the European Community – the Council for the first time experienced the concept of “codeciding” with the European Parliament . This codecision procedure, renamed the “ordinary legislative procedure” by the Treaty ofLisboninDecember2009,hasprovensocrucialforthebalanceofpowerbetweentheEuropean institutions that it has now become the standard procedure under the Treaties for legislative acts and is applicable to most policy areas of the Union .

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Council meeting with six Member States – 163rd meeting, Financial Affairs, Brussels, 19 August 1971

Council meeting with 27 Member States – 3155th meeting, Agriculture and Fisheries, Brussels, 19 and 20 March 2012

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Enlargement

The original ECSC Treaty was never meant to be an exclusive club for the six founding Member States. Article 98 stated that “any European State may request to accede to the present Treaty”. Despite the signing of new treaties and numerous revisions, the invitation for other European States to join the process of integration has remained open for the past 60 years.

With increased membership, the composition of the Council has also evolved over the years. Initially, six ministers sat at the table, whereas today 28 Member States attend Council meetings. The dynamics of negotiations have of course changed with each of the seven enlargements, but today, as at the start, the Council continues to be a key decision-maker.

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Voting in the Council

The Council can adopt decisions by quali-fiedmajority,simplemajorityorunanimity.The Council deliberates in public when con-sidering and voting on draft legislative acts .7

7 The Council’s public deliberations can be followed live, and Council votes can be consulted on the Council’s website at: www .consilium .europa .eu

8 Figuresinforcefortheperiodof1Januaryto31December2013.CouncilDecision2013/37/EUof14January2013 amending the Council’s Rules of Procedure (OJ L 16, 19 .1 .2013, p . 16–17) .

Member State Votes Population (x 1 000)8 %

Germany 29 81 443,7 16.02

France 29 65 397,9 12.87

UK 29 62 989,6 12.39

Italy 29 60 820,8 11.97

Spain 27 46 196,3 9.09

Poland 27 38 538,4 7.58

Romania 14 21 355,8 4.20

Netherlands 13 16 730,3 3.29

Greece 12 11 290,9 2.22

Belgium 12 11 041,3 2.17

Portugal 12 10 541,8 2.07

Czech Republic 12 10 505,4 2.06

Hungary 12 9 957,7 1.95

Sweden 10 9 482,9 1.86

Austria 10 8 443,0 1.66

Bulgaria 10 7 327,2 1.44

Denmark 7 5 580,5 1.09

Slovakia 7 5 404,3 1.06

Finland 7 5 401,3 1.06

Ireland 7 4 582,8 0.90

Croatia 7 4 398,2 0.86

Lithuania 7 3 007,8 0.59

Slovenia 4 2 055,5 0.40

Latvia 4 2 041,8 0.40

Estonia 4 1 339,7 0.26

Cyprus 4 862,0 0.16

Luxembourg 4 524,9 0.10

Malta 3 416,1 0.08

EU Total 352 508 077,9 100%

Threshold for QMV * 260 315 008,3 62%* qualified majority voting

Qualified majorityBefore 1 November 2014:• Majority of members: majority of Member States

(MS) on a proposal by the Commission; two thirds of MS, in other cases

• Majority of votes: 260 of 352• Majority of population: 62% (only applies upon

request by a MS)

From 1 November 2014:• Majority of members: 55% of the MS comprising

at least 15 MS, on a proposal by the Commission; 72% of MS, in other cases

• Majority of population: 65%• UntilMarch2017,MSmayrequestthattheformer

qualified-majority rules be applied

UnanimityAbstentions do not prevent the adoption by the Council of acts which require unanimity

Simple majorityThe Council acts by a majority of its component members

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Preparing the work of the Council

Coreper

The founding Treaty establishing the ECSC in 1952 did not contain any provisions setting out the organisational structure of the Special Council . Nevertheless, the complexity of the decision-making process of this new institution and the need to discuss and coordinate the positions of six Member States in advance of formal meetings led to the setting-up of a “Coordination Committee” (Cocor) in February 1953, some seven months after the crea-tion of the Community . Cocor was not a permanent body, and representatives from the Member States came to Luxembourg from the capitals to attend its meetings, the national representatives changing according to the issues on the agenda .

Despite its ever-changing nature, the committee proved to be extremely successful incoordinating and preparing Council meetings – so much so that by 1958 the Treaties establishing the EEC and the EAEC included the possibility for the Councils’ rules of pro-cedure to “provide for the establishment of a committee composed of representatives of Member States”,9 whose tasks and competences were to be determined by the respective Councils . Less than a month after the entry into force of the EEC and EAEC Treaties, on 25 January 1958 at their inaugural meeting, the Councils decided to set-up a Committee of Permanent Representatives of the Governments of the Member States (Coreper) . 10

9 Article 151 of the ECC Treaty and 121 of the EAEC Treaty .

10 Minutes of the inaugural meeting of the Councils of the EEC and the EAEC, held in Brussels on 25 January 1958 (CM2 20/1958) p . 10 . The abbreviation Coreper derives from the French name “Comité des représentants permanents” .

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Members of Coreper were granted the rank and privileges of ambassadors and established themselves permanently in Brussels, assisted by a team of national experts seconded from their home ministries, in what has since become known as the Permanent Representations . Coreper was charged with preparing the work of the EEC and EAEC Councils and with carrying out other tasks assigned to it by them .

First Permanent Representatives 1958

Belgium Jean-Charles Snoy et d’Oppuers, Permanent Representative to the EEC, appointed in April 1958 Joseph van Tichelen, Permanent Representative to the EAEC, appointed in April 1958

Federal Republic of Germany Carl Friedrich Ophüls, Permanent Representative to the EEC and the EAEC, appointed in June 1958

France Éric de Carbonnel, Permanent Representative to the EEC and the EAEC, appointed in April 1958

Italy Attilio Cattani, Permanent Representative to the EEC and the EAEC, appointed in February 1958

Luxembourg Lambert Schaus, Permanent, Representative to the EEC and the EAEC, appointed in February 1958 Albert Borschette Permanent Representative to the EEC and the EAEC, appointed in December 1958

Netherlands Johannes Linthorst Homan, Permanent Representative to the EEC and the EAEC, appointed in March 1958

On 1 July 1967, with the merger of the executives, the existence of Coreper was for the first time enshrined in primary law . Article 4 of the Merger Treaty refers to Coreper and to its role as a committee of permanent representatives responsible for preparing the work of the now single Council . The Maastricht Treaty of 1993 incorporated the substance of Article 4 into the founding Treaty on European Union, and the Treaty of Amsterdam of 1999 gave Coreper the capacity to take procedural decisions . Both of these roles were retained by the TreatyofLisbon,whichenteredintoforceinDecember2009.

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2434th meeting of Coreper held in Brussels on 17 and 19 December 2012

Today Coreper is divided into two parts, having been split in 1962 on account of its intensive workschedule:CoreperI,comprisingtheDeputyPermanentRepresentativesanddealingwith questions of a more technical nature, and Coreper II, composed of the Permanent Representatives themselves, who prepare the work on political and economic questions of a horizontal nature .

Coreper I prepares the work for the following Council configurations:

Employment, Social Policy, Health and Consumer Affairs Competitiveness (Internal Market, Industry, Research and Space) Transport, Telecommunications and Energy Agriculture and Fisheries Environment Education, Youth, Culture and Sport

Coreper II prepares the work for the following Council configurations:

General Affairs Foreign Affairs Economic and Financial Affairs Justice and Home Affairs

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The Treaties’ description of Coreper’s main role as preparing the work of the Council does notdojusticetothecrucialimportancethatthiscommitteehasgainedovertheyearsinensuring the smooth functioning of the Institution . Since its creation, Coreper has played a vital role in managing complex and difficult negotiations . Intensive, long hours working together have given Coreper’s members essential experience in helping the Union’s Member States to reach compromises .


Committees and working parties are set up by the Council or Coreper to coordinate the Council’s activities in particular areas . Composed of national experts specialising in a spe-cific field or policy, such groups are the starting point for negotiations on any given matter or proposal . They advance negotiations by reaching agreement whenever possible and by identifying contentious issues to be addressed by Coreper .

The first such committee to be created was the Commercial Affairs Committee . Established during the inaugural meeting of the ECSC Special Council on 10 September 1952,11 it was given the task of addressing questions related to transitional commercial provi-sions. The Commercial Affairs Committee held its inaugural meeting in Luxembourg on 29 November 1952.

Other high-level committees have also been set up over the years: the Special Committee on Agriculture, the Economic and Financial Committee, the Article 113 Committee (sub-sequently the Article 133 and today the Trade Policy Committee) and the Political and Security Committee are among the best-known examples. Some horizontal committees closely associated with the workings of Coreper, such as the Antici Group, the Mertens Group and the Friends of the Presidency Group, have also been established. As the areas of the Communities’ competences have increased, this has been reflected in the setting-up of more and more specialised groups. Today the list of preparatory bodies supporting to the work of the Council numbers close to 300.12

11 Minutes of the inaugural meeting of the Special Council of the ECSC, held in Luxembourg from 8 to 10 September 1952 (CM1 1/1952) p . 8 .

12 See document 5581/13 for the most recent list of the Council’s preparatory bodies .

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Javier Solana and Pierre de Boissieu (Brussels, 2 November 2004)

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Handover of responsibilities from Christian Calmes to Nicolas Hommel (June 1973)

Uwe Corsepius (June 2011)

The General Secretariat

As was the case for Coreper, the Communities’ founding treaties did not contain any provision on the General Secretariat of the Council (GSC) . As referred to above, the sec-retariat was established during the inaugural meeting of the ECSC Special Council on 9–10 September 1952 . The inaugural meeting of the EEC and EAEC Councils, in January 1958, did not set up new secretariats for these institutions but instead confirmed that all three existing Councils would be assisted by the same body of officials . Christian Calmes was appointed Secretary General in 1952, and his stewardship was extended in 1958 . The GSC has since had a further six Secretaries General . Currently the post is occupied by Uwe Corsepius (see Annex III for a complete list and dates of mandate) .

In July 1967, with the Merger Treaty, the General Secretariat of the Councils became the General Secretariat of the Council of the European Communities . However, it was not until the entry into force of the Maastricht Treaty in November 1993 that the GSC appeared in the founding treaties of the European Union: Article 151 formally recognised its existence and accorded to it

the role of assisting the Council .

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In 1952, the Secretariat of the Special Council of the ECSC was based at n° 5 of Avenue de la Liberté in Luxembourg

Since 1995 the General Secretariat of the Council is based at 175, Rue de la Loi, in Brussels

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The secretariat initially consisted of fewer than a dozen officials . In a letter to Konrad Adenauer dated 17 November 1952, Christian Calmes described in detail the composition of the secretariat:

“Its staff of 10 currently breaks down as follows: the Secretary (L), an administrator (B), a supervisor (also acts as accountant), an archivist (also acts as translator), two secretar-ies, a typist (also acts as telephonist), a clerical assistant (also deals with duplication), a driver (also acts as messenger) and a caretaker (also provides clerical back-up).” 13

This small administrative body was mainly concerned with the logistical requirements of organising the Special Council’s meetings . The General Secretariat’s role has developed greatly since then . Today, in addition to its traditional secretarial tasks, such as the daily preparation of documents, translations and minute-taking, the GSC has also gradually developed additional political roles: it provides continuity to the work of the Council under the system of rotating presidencies, which, every six months, bring a new dynamic to the process of negotiations and establish different priorities for the work programme of the

Council, and it advises the Presidency on reaching compro-mises on the basis of its ever-growing knowledge of policies, procedures and institutional matters .

13 On 17 November 1952, Christian Calmes, Secretary-General of the ECSC Special Council of Ministers, sent Konrad Adenauer, Chancellor and Foreign Minister of the Federal Republic of Germany, a report on the state of the organisation of the resources and staff of the Secretariat (CM1 1952–36) p . 2 .

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The increasingly active role of the GSC was endorsed by the Helsinki European Council ofDecember1999,as theUnionwaspreparing forenlargement,14 and subsequently rec-ognised by Article 23 of the Council’s Rules of Procedure . This article stipulates that the secretariat be “closely and continually involved in organising, coordinating and ensuring the coherence of the Council’s work” and assist the Presidency in seeking solutions .15

Sixty years of decision-making

Since the entry into force of the Paris Treaty in 1952, the Council, like the European integration process itself, has been changing continuously . Initially, the Council was called upon to issue opinions on the High Authority’s proposed activities; today, the Treaties assign to it a general power of decision . Within the overall European institutional structure, the Council has moved from deciding alone to a real process of codecision with the European Parliament . And, while decision-making processes have become increasingly complex, they are also more transparent and open to the public . Whereas 60 years ago meetings were exclusively held behind closed doors, the current generation can follow the Council’s deliberations or votes on draft legislative acts in real time, since these are broadcast live on its website .

Over the 60 years of its existence, the Council has also played a skilful balancing act involving Member States’ interests on the one hand and reaching collective decisions on the other . Even as its membership has grown nearly fivefold, the Council continues to push forward the art of achieving compromised solutions . As a privileged institution for the Member States to exercise their influence, the Council has, nevertheless, always been much morethanjusttherepresentationofnationalinterests–rather,itisaboutjointdecision-making . It is a forum where Member States have learned to work together to ensure that the European Union works .

14 PresidencyConclusions,HelsinkiEuropeanCouncil,10 and 11 December 1999.SeeAnnex III–AnEffectiveCouncil for an Enlarged Union: Guidelines for Reform and Operational Recommendations .

15 CouncilDecisionof1 December 2009adoptingtheCouncil’sRulesofProcedure(OJL325,11.12.2009, p . 35–35), Article 23(3) .

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60YEARSCouncil meeting with 27 Member States — 3 155th session, Agriculture and Fisheries, Brussels, 19 and 20 March 2012

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The ‘Cercle municipal’ in Luxembourg hosted meetings of the Special Council of the European Coal and Steel Community


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The Ravenstein building hosted Council meetings in Brussels between 1958 and 1971

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Council meeting with six Member States — 163rd session, Financial Affairs, Brussels, 19 August 1971

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‘The Council shall consist of a representative of each Member State at ministerial level’ Article 16(2) of the Treaty on European Union

The Council,a key decision-maker

THE COUNCIL OF THE EUROPEAN UNION

1952–2012: 60 YEARS OF LAW AND DECISION-MAKING

© Europ

ean Union, 2012 —

ISBN 978-92-824-3724-7 —

doi:10.2860/85140 —

QC-30-12-619-EN

-Pwww.consilium.europa.eu

meets in 10 configurationsGeneral Affairs


Economic and Financial Affairs Justice and Home Affairs

Employment, Social Policy, Health and Consumer Affairs Competitiveness (Internal Market, Industry, Research and Space)

Transport, Telecommunications and EnergyAgriculture and Fisheries

EnvironmentEducation, Youth, Culture and Sport

Originsfrom three Councils to one Council


1958 Council of the European Economic Community Council of the European Atomic Energy Community

1967 The Merger Treaty creates a single Council of the European Communities

1993 The Maastricht Treaty renames it Council of the European Union

is assisted by Coreper (Committee of Permanent Representatives of the governments of the Member States)

Committees and working partiesGeneral Secretariat of the Council

is presided over by each Member State on a 6-month rotation

legislates with the European Parliament

acts by simple majorityqualified majority

unanimity


expected

Enlargementsfrom 6 to 27 Member States

1952

1973

1981

1986

1995

2004

2007

2013

Poster: "1952–2012: sixty years of law- and decision-making", published in 2012 on the occasion of the Council's 60th anniversary

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The Council of the EU – Sixty years through Treaty Articles

Treaty establishing the European Coal and Steel Community

CHAPTER III – The Council

Article 26

The Council shall exercise its powers in the cases provided for and in the manner set out in this Treaty, in particular in order to harmonise the action of the High Authority and that of the Governments, which are responsible for the general economic policies of their countries.

To this end, the Council and the High Authority shall exchange information and consult each other.

The Council may request the High Authority to examine any proposals or measures which the Council may consider appropriate or necessary for the attainment of the common objectives.

Article 27

The Council shall consist of representatives of the Member States. Each State shall delegate to it one of the members of its Government.

The office of President shall be held for a term of three months by each member of the Council in turn, in the alphabetical order of the Member States.

Article 28

The Council shall meet when convened by its President at the request of a Member State or of the High Authority.

When the Council is consulted by the High Authority, it shall consider the matter without necessarily taking a vote. The minutes of its proceedings shall be forwarded to the High Authority.

Wherever this Treaty requires the assent of the Council, that assent shall be considered to have been given if the proposal submitted by the High Authority receives the approval:

— of an absolute majority of the representatives of the Member States, including the vote of the representative of one of the States which each produce at least twenty percent of the total value of the coal and steel output of the Community; or

Annex I

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— in the event of an equal division of votes and if the High Authority maintains its proposal after a second discussion, of the representatives of the two member States which each produce at least twenty percent of the total value of coal and steel output of the Community.

Wherever the present Treaty requires a unanimous decision or unanimous assent, such decision or assent shall be dully given if all the Members of the Council vote in favour.

Decisions of the Council, other than those which require a qualified majority or unanimity, shall be taken by a vote of the majority of its members; this majority shall be considered to be attained if it represents an absolute majority of the representatives of the Member States, including the vote of the representative of one of the States which each produce at least twenty percent of the total value of coal and steel output of the Community.

Where a vote is taken, any member of the Council may act on behalf of not more than one other Member.

The Council shall deal with the Member States through its President.

The acts of the Council shall be published in such a manner as it may decide.

Article 29

The Council shall determine the salaries, allowances and pensions of the President and members of the High Authority, and of the President, Judges, Advocates-general and Registrar of the Court.

Article 30

The Council shall adopt its rules of procedure.

Treaty establishing the European Economic Community

Section 2 – The Council

Article 145

To ensure that the objectives set out in this Treaty are attained, the Council shall, in accordance with the provisions of this treaty:— ensure coordination of the general economic policies of the Member States, and— have power to take decisions.

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Article 146

The Council shall consist of representatives of the Member States. Each Government shall delegate to it one of its members.

The office of President shall be held for a term of six months by each member of the Council in turn, in the alphabetical order of the Member States.

Article 147

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.

Article 148

1. Save as otherwise provided in this Treaty, the Council shall act by a majority of its members.

2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows:

Belgium 2 Germany 4 France 4 Italy 4 Luxembourg 1 Netherlands 2

For their adoption, acts of the Council shall require at least:— twelve votes in favour where this Treaty requires them to be adopted on a proposal from the Commission,— twelve votes in favour, cast by at least four members, in other cases.

3. Abstentions by members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.

Article 149

Where, in pursuance of this Treaty, the Council acts on a proposal from the Commission, unanimity shall be required for an act constituting an amendment to that proposal.

As long as the Council has not acted, the Commission may alter its original proposal, in particular where the Assembly has been consulted on that proposal.

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Article 150

Where a vote is taken, any member of the Council may also act on behalf of not more than one other member.

Article 151


These rules of procedure may provide for the setting up of a committee consisting of representatives of the Member States. The Council shall determine the task and powers of that committee.

Article 152

The Council may request the Commission to undertake any studies which the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals.

Article 153

The Council shall, af ter receiving an opinion from the Commission, determine the rules governing the Committees provided for in this Treaty.

Article 154

The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice. It shall also, again by qualified majority, determine any payment to be made instead of remuneration.

Treaty establishing the European Atomic Energy Community

Section II – The Council

Article 115

The Council shall carry out its duties and exercise its powers of decision in accordance with the provisions of this Treaty.

It shall take all measures within its powers to coordinate the actions of Member States and of the Community.

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Article 116

The Council shall consist of representatives of the Member States. Each Government shall delegate to it one of its members.

The office of President shall be held for a term of six months by each member of the Council in turn, in the alphabetical order of the Member States.

Article 117


Article 118


2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows:

Belgium 2 Germany 4 France 4 Italy 4 Luxembourg 1 Netherlands 2

for their adoption, acts of the Council shall require at least:— twelve votes in favour where this Treaty requires them to be adopted on a proposal from the Commission; — twelve votes in favour, cast by at least four members, in other cases.

3. Abstentions by members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.

Article 119

Where, in pursuance of this Treaty, the Council acts on a proposal from the Commission, unanimity shall be required for an act constituting an amendment to that proposal.

As long as the Council has not acted, the Commission may alter its original proposal, in particular where the Assembly has been consulted on that proposal.

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Article 120


Article 121


These rules of procedure may provide for the setting up of a committee consisting of representatives of Member States. The Council shall determine the task and powers of that committee.

Article 122

The Council may request the Commission to undertake any studies which the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals.

Article 123

The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice. It shall also, again by qualified majority, determine any payment to be made instead of remuneration.

Treaty establishing a Single Council and a Single Commission of the European Communities

Chapter I – the Council of the European Communities

Article 1

A Council of the European Communities (hereinafter called the “Council”) is hereby established. This Council shall take the place of the special Council of Ministers of the European Coal and Steel Community, the Council of the European Economic Community and the Council of the European Atomic Energy Community.

It shall exercise the powers and jurisdiction conferred on those institutions in accordance with the provisions of the treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community, and of this Treaty.

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Article 2

The Council shall consist of representatives of the Member States. Each government shall delegate to it one of its members.

The office of president shall be held for a term of six months by each Member of the Council in turn, in the following order of Member States: Belgium, Germany, France, Italy, Luxembourg, Netherlands.

Article 3

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.

Article 4

A committee consisting of the permanent representatives of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council.

Article 5


Article 6

The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President and Members of the Commission, and of the President, Judges, Advocates-general and Registrar of the Court of Justice. It shall also, again by a qualified majority, determine any payment to be made instead of remuneration.

Treaty on European Union (Maastricht Treaty)

Section 2 – The Council

Article 145

To ensure that the objectives set out in this Treaty are attained, the Council shall, in accordance with the provisions of this Treaty:

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— ensure coordination of the general economic policies of the Member States;— have power to take decisions;— confer on the Commission, in the acts which the Council adopts, powers for the implementation of

the rules which the Council lays down. The Council may impose certain requirements in respect of the exercise of these powers. The Council may also reserve the right, in specific cases, to exercise directly implementing powers itself. The procedures referred to above must be consonant with principles and rules to be laid down in advance by the Council, acting unanimously on a proposal from the Commission and after obtaining the Opinion of the European Parliament.

Article 146

The Council shall consist of a representative of each Member State at ministerial level, authorized to commit the government of that Member State.

The office of President shall be held in turn by each Member State in the Council for a term of six months, in the following order of Member States:— for a first cycle of six years: Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg,

Netherlands, Portugal, United Kingdom;— for the following cycle of six years: Denmark, Belgium, Greece, Germany, France, Spain, Italy, Ireland,

Netherlands, Luxembourg, United Kingdom, Portugal.

Article 147


Article 148


2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows: Belgium 5 Ireland 3 Denmark 3 Italy 10 Germany 10 Luxembourg 2 Greece 5 Netherlands 5 Spain 8 Portugal 5 France 10 United Kingdom 10

For their adoption, acts of the Council shall require at least:— fifty-four votes in favour where this Treaty requires them to be adopted on a proposal from the Commission,— fifty-four votes in favour, cast by at least eight members, in other cases.

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3. Abstentions by members present in person or represented shall not prevent the adoption by the Council of acts which required unanimity.

Article 149 (repealed)

Article 150


Article 151

1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council.

2. The Council shall be assisted by a General Secretariat, under the direction of a Secretary-General. The Secretary-General shall be appointed by the Council acting unanimously.

The Council shall decide on the organization of the General Secretariat.

3. The Council shall adopt its rules of procedure.

Article 152

The Council may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals.

Article 153

The Council shall, after receiving an opinion from the Commission, determine the rules governing the committees provided for in this Treaty.

Article 154

The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice. It shall also, again by a qualified majority, determine any payment to be made instead of remuneration.

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Treaty on European Union (Treaty of Lisbon)

Article 16

1. The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the Treaties.

2. The Council shall consist of a representative of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote.

3. The Council shall act by a qualified majority except where the Treaties provide otherwise.

4. As from 1 November 2014, a qualified majority shall be defined as at least 55% of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65% of the population of the Union.

A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.

The other arrangements governing the qualified majority are laid down in Article 238(2) of the Treaty on the Functioning of the European Union.

5. The transitional provisions relating to the definition of the qualified majority which shall be applicable until 31 October 2014 and those which shall be applicable from 1 November 2014 to 31 March 2017 are laid down in the Protocol on transitional provisions.

6. The Council shall meet in different configurations, the list of which shall be adopted in accordance with Article 236 of the Treaty on the Functioning of the European Union.

The General Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission.

The Foreign Affairs Council shall elaborate the Union’s external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union’s action is consistent.

7. A Committee of Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council.

8. The Council shall meet in public when it deliberates and votes on a draft legislative act. To this end, each Council meeting shall be divided into two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities.

9. The Presidency of Council configurations, other than that of Foreign Affairs, shall be held by Member State representatives in the Council on the basis of equal rotation, in accordance with the conditions established in accordance with Article 236 of the Treaty on the Functioning of the European Union.

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Treaty on the Functioning of the European Union (Treaty of Lisbon)

SECTION 3 – The Council

Article 237

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.

Article 238

1. Where it is required to act by a simple majority, the Council shall act by a majority of its component members.

2. By way of derogation from Article 16(4) of the Treaty on European Union, as from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72% of the members of the Council, representing Member States comprising at least 65% of the population of the Union.

3. As from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, in cases where, under the Treaties, not all the members of the Council participate in voting, a qualified majority shall be defined as follows:(a) A qualified majority shall be defined as at least 55% of the members of the Council representing the

participating Member States, comprising at least 65% of the population of these States. A blocking minority must include at least the minimum number of Council members representing more

than 35% of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained;

(b) By way of derogation from point (a), where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.

4. Abstentions by Members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.

Article 239

Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member.

Article 240

1. A committee consisting of the Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the latter. The Committee may adopt procedural decisions in cases provided for in the Council’s Rules of Procedure.

2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General appointed by the Council.

The Council shall decide on the organisation of the General Secretariat by a simple majority.

3. The Council shall act by a simple majority regarding procedural matters and for the adoption of its Rules of Procedure.

Article 241

The Council, acting by a simple majority, may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals. If the Commission does not submit a proposal, it shall inform the Council of the reasons.

Article 242

The Council, acting by a simple majority shall, after consulting the Commission, determine the rules governing the committees provided for in the Treaties.

Article 243

The Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the Members of the Commission, the Presidents, Members and Registrars of the Court of Justice of the European Union, and the Secretary-General of the Council. It shall also determine any payment to be made instead of remuneration.

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The Council of the EU – Sixty years of qualified majority voting

Legal Basis: Treaty of Rome, Article 148Qualified majority applicable between 1958 and 1972

Member State Votes

Germany 4

France 4

Italy 4

Belgium 2

Netherlands 2

Luxembourg 1

Total 17

Legal Basis: Treaty of Accession of Denmark, Ireland and the United Kingdom, Article 14Qualified majority applicable between 1973 and 1980

Member State Votes

Germany 10

France 10

Italy 10

UK 10

Belgium 5

Netherlands 5

Denmark 3

Ireland 3

Luxembourg 2

Total 58

Annex II

Qualified majority: 12 votes on a proposal by the Commission 12 votes cast by at least 4 members, in other cases


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Legal Basis: Treaty of Accession of Greece, Article 14Qualified majority applicable between 1981 and 1985

Member State Votes

Germany 10

France 10

Italy 10

UK 10

Belgium 5

Greece 5

Netherlands 5

Denmark 3

Ireland 3

Luxembourg 2

Total 63

Legal Basis: Treaty of Accession of Spain and Portugal, Article 14Qualified majority applicable between 1986 and 1994

Member State Votes

Germany 10

France 10

Italy 10

UK 10

Spain 8

Belgium 5

Greece 5

Netherlands 5

Portugal 5

Denmark 3

Ireland 3

Luxembourg 2

Total 76



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39

Legal Basis: Treaty of Accession of Austria, Finland and Sweden, Article 15Qualified majority applicable between 1995 and April 2004

Member State Votes Member State Votes

Germany 10 Portugal 5

France 10 Austria 4

Italy 10 Sweden 4

UK 10 Denmark 3

Spain 8 Ireland 3

Belgium 5 Finland 3

Greece 5 Luxembourg 2

Netherlands 5

Total 87

Legal Basis: Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, Article 26Qualified majority applicable between May 2004 and October 2004

Member State Votes Member State Votes

Germany 10 Austria 4

France 10 Denmark 3

UK 10 Slovakia 3

Italy 10 Finland 3

Spain 8 Ireland 3

Poland 8 Lithuania 3

Netherlands 5 Latvia 3

Greece 5 Slovenia 3

Portugal 5 Estonia 3

Belgium 5 Cyprus 2

Czech Republic 5 Luxembourg 2

Hungary 5 Malta 2

Sweden 4

Total 124

Qualified majority:64 votes on a proposal by the Commission64 votes cast by at least 11 members, in other cases

Qualified majority:88 votes on a proposal by the Commission88 votes cast by at least 11 members, in other cases

40

Legal Basis: Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, Article 12Qualified majority applicable between November 2004 and 2006

Member State Votes Population (x 1 000)16 % Member State Votes Population

(x 1 000) %

Germany 29 82 500,8 17.88 Austria 10 8 206,5 1.77

France 29 62 370,8 13.51 Denmark 7 5 411,4 1.17

UK 29 60 063,2 13.01 Slovakia 7 5 384,8 1.16

Italy 29 58 462,4 12.67 Finland 7 5 235,6 1.13

Spain 27 43 038,0 9.32 Ireland 7 4 109,2 0.89

Poland 27 38 171,8 8.27 Lithuania 7 3 425,3 0.74

Netherlands 13 16 305,5 3.53 Latvia 4 2 306,4 0.71

Greece 12 11 073,0 2.40 Slovenia 4 1 997,6 0.43

Portugal 12 10 529,3 2.28 Estonia 4 1 347,0 0.29

Belgium 12 10 445,9 2.26 Cyprus 4 749,2 0.16

Czech Republic 12 10 220,6 2.21 Luxembourg 4 455,0 0.09

Hungary 12 10 097,5 2.18 Malta 3 402,7 0.08

Sweden 10 9 011,4 1.95

Total 321 461 324,0 100%

Threshold 62% 232 286 020,9 62%

16 Figuresinforcefortheperiodof1Januaryto31December2006.CouncilDecision2006/34/ECof23January2006 amending the Council’s Rules of Procedure (OJ L 22, 26 .01 .2006, p . 32-33) .

Qualified majority: 232 votes cast by a majority of members, on a proposal by the Commission 232 votes cast at least by two-thirds of the members, in other cases

if requested by a member: verification that Member States voting in favour represent at least 62% of the total population

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Legal Basis: Treaty of Accession of the Republic of Bulgaria and Romania, Article 22Qualified majority applicable between 2007 and November 2009

Legal Basis: Treaty of Lisbon, Protocol (36) on Transitional Provisions, Article 3Qualified majority applicable between December 2009 and June 2013


(x 1 000) %

Germany 29 81 843,7 16.25 Austria 10 8 443,0 1.68

France 29 65 397,9 12.98 Bulgaria 10 7 327,2 1.45

UK 29 62 989,6 12.51 Denmark 7 5 580,5 1.11

Italy 29 60 820,8 12.08 Slovakia 7 5 404,3 1.07

Spain 27 46 196,3 9.17 Finland 7 5 401,3 1.07

Poland 27 38 538,4 7.65 Ireland 7 4 582,8 0.91

Romania 14 21 355,8 4.24 Lithuania 7 3 007,8 0.60

Netherlands 13 16 730,3 3.32 Latvia 4 2 055,5 0.41

Greece 12 11 290,9 2.24 Slovenia 4 2 041,8 0.41


Belgium 12 10 541,8 2.09 Cyprus 4 862,0 0.17

Czech Republic 12 10 505,4 2.09 Luxembourg 4 524,9 0.10

Hungary 12 9 957,7 1.98 Malta 3 416,1 0.08

Sweden 10 9 482,9 1.88

Total 345 503 679,7 100%

Threshold 62% 255 312 281,4 62%

17 Figuresinforcefortheperiodof1Januaryto31December2013.CouncilDecision2013/37/EUof14January2013 amending the Council’s Rules of Procedure (OJ L 16, 19 .1 .2013, p . 16–17) .


if requested by a member: verification that Member States voting in favour represent at least 62% of the total population

42

Legal Basis: Treaty of Accession of Croatia, Article 20Qualified majority applicable between July 2013 and October 2014


(x 1 000) %

Germany 29 81 843,7 16.02 Austria 10 8 443,0 1.66

France 29 65 397,9 12.87 Bulgaria 10 7 327,2 1.44

UK 29 62 989,6 12.39 Denmark 7 5 580,5 1.09

Italy 29 60 820,8 11.97 Slovakia 7 5 404,3 1.06

Spain 27 46 196,3 9.09 Finland 7 5 401,3 1.06

Poland 27 38 538,4 7.58 Ireland 7 4 582,8 0.90

Romania 14 21 355,8 4.20 Croatia 7 4 398,2 0.86

Netherlands 13 16 730,3 3.29 Lithuania 7 3 007,8 0.59

Greece 12 11 290,9 2.22 Latvia 4 2 055,5 0.40

Belgium 12 11 041,3 2.17 Slovenia 4 2 041,8 0.40


Czech Republic 12 10 505,4 2.06 Cyprus 4 862,0 0.16

Hungary 12 9 957,7 1.95 Luxembourg 4 524,9 0.10

Sweden 10 9 482,9 1.86 Malta 3 416,1 0.08

Total 352 508 077,9 100%

Threshold 62% 260 315 008,3 62%

Legal Basis: Treaty of Lisbon, Article 16Qualified majority applicable from 1 November 2014

18 Figuresinforcefortheperiodof1Januaryto31December2013.CouncilDecision2013/37/EUof 14 January 2013 amending the Council’s Rules of Procedure (OJ L 16, 19 .1 .2013, p . 16–17) . Population figures related to Croatia and, therefore, corresponding percentages and totals are an estimate .


if requested by a member: verification that Member States voting in favour represent at least 62% of the population of the Union

Qualified majority:55% of Members States, comprising at least 15 members, on a proposal by the Commission 72% of Member States, in other cases

Member States voting in favour represent at least 65% of the population of the Union

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Member States voting in favour represent at least 65% of the population of the Union

The Secretaries-General and the General Secretariat

Christian Calmes, LUSecretary-General from 9 September 1952 to 14 June 1973

11 people worked at the General Secretariat in November 1952

Nicolas Hommel, LUSecretary-General from 1 July 1973 to 7 October 1980

974 people worked at the General Secretariat in July 1973

Niels Ersbøll, DKSecretary-General from 8 October 1980 to 31 August 1994

1 457 people worked at the General Secretariat in October 1980

Jürgen Trumpf, DESecretary-General from 1 September 1994 to 17 October 1999

2 197 people worked at the General Secretariat in September 1994

Javier Solana, ESSecretary-General and High Representative for Common Foreign and Security Policy from 18 October 1999 to 30 November 2009

2 522 people worked at the General Secretariat in November 1999

Pierre de Boissieu, FRSecretary-General from 1 December 2009 to 25 June 2011

3 237 people worked at the General Secretariat in December 2009

Uwe Corsepius, DESecretary-General from 26 June 2011

2 918 people worked at the General Secretariat in July 2011

Annex III

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45

The Council of the EU – Documents of historical interest

Minutes of the inaugural meeting of the Special Council of the ECSC, held in Luxembourg from 8 to 10 September 1952 (file: CM1.1952/1).

Minutes of the inaugural meeting of the Councils of the EEC and the EAEC, held in Brussels on 25 January 1958 (file: CM2.1958/1; doc: CEE EUR/CM/20/58).

ECSC Council Rules of procedure (file: CM1.1952/34; doc: 427/54).

EEC and EAEC Council Rules of procedure (file: CM2.1958/4; docs: 213/58 and 261/58).

Minutes of the extraordinary meeting of the Council of the EEC, held in Luxembourg on 17–18 and 28–29 January 1966 (file: CM2.1966/1; doc: C/12/66).

Minutes of the inaugural meeting of the Council of the European Communities, held in Brussels on 3 July 1967 (file: CM2.1967/52; doc: R/1070/67).

Minutes of the 1000th meeting of the Council of the European Communities, Agriculture, held in Brussels on 2 May 1985 (file: CM4.1B.1985/1085; doc: 6539/85).

Minutes of the 1697th meeting of the Council, Cultural Affairs, held in Brussels on 5 November 1993 (First meeting of the Council of the European Union af ter the entry into force of the Maastricht Treaty (f ile: CM4.1B.1993/621; doc: 9846/93).

Minutes of the 2000th meeting of the Council of the European Union, Agriculture, held in Luxembourg on 21–22 April 1997 (file CM4.CAB.1997/38; doc: 7198/97).

Minutes of the 3000th meeting of the Council of the European Union, Employment, Social Policy, Health and Consumer Affairs, held in Brussels on 8 March 2010 (file: CM8.CAB.2010/64; doc: 7229/10).

For references to all official treaties see “A Union of Law: from Paris to Lisbon – Tracing the treaties of the European Union”, Publications Office of the European Union, Luxembourg, 2012

All Council documents mentioned in this annex are available at the Council’s archives ([email protected]).

Annex IV


The Council of the European Union – 1952–2012: Sixty years of law- and decision-making

Luxembourg: Publications Office of the European Union

2013 — 45 pp . — 17 .6 x 25 .0 cm

ISBN 978-92-824-3801-5doi:10 .2860/96217

Notice

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6060YEARS

Council meeting with 27 Member States — 3 155th session,

Agriculture and Fisheries, Brussels, 19 and 20 March 2012© E

uro

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The ‘Cercle municipal’ in Luxembourg hosted meetings of the

Special Council of the European Coal and Steel Community


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Chancellor Adenauer (centre) presided over the first session of the Special

Council of the European Coal and Steel Community,


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The Justus Lipsius building has been hosting

Council meetings in Brussels since 1995© E

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The Ravenstein building hosted Council meetings in Brussels


© E

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Council meeting with six Member States — 163rd session,

Financial Affairs, Brussels, 19 August 1971© E

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BE

EL

ES

BG

ATCZ

HU

EE

MT

CY

PL

LV

SI

LT

SK

FI SE

PT

RO

HR

DK IE UK

DE FR IT LU NL

arch i vess e r i e s

h i s t or i ca l➌

‘The Council shall consist of a representative of each Member State

at ministerial level’ Article 16(2) of the Treaty on European Union

The Council,

a key decision-maker

THE COUNCIL OF THE

EUROPEAN UNION

1952–2012: 60 YEARS OF LAW

AND DECISION-MAKING

© Europ

ean Union, 2012 —

ISBN 978-92-824-3724-7 —

doi:10.2860/85140 —

QC-30-12-619-EN

-P


meets in 10 configurations

General Affairs


Economic and Financial Affairs

Justice and Home Affairs

Employment, Social Policy, Health and Consumer Affairs

Competitiveness (Internal Market, Industry, Research and Space)

Transport, Telecommunications and Energy

Agriculture and Fisheries

Environment

Education, Youth, Culture and Sport

Origins

from three Councils to one Council


1958 Council of the European Economic Community

Council of the European Atomic Energy Community

1967 The Merger Treaty creates a single

Council of the European Communities

1993 The Maastricht Treaty renames it

Council of the European Union

is assisted by

Coreper (Committee of

Permanent Representatives of the

governments of the Member States)



is presided over by

each Member State on

a 6-month rotation

legislates

with the

European Parliament

acts by simple majority

qualified majority

unanimity


expected

Enlargements

from 6 to 27 Member States

1952

1973

1981

1986

1995

2004

2007

2013

EN

GEN

ERA

L SE

CR

ETA

RIA

T O

F T

HE

CO

UN

CIL

AR

CH

IVE S

ERIE

S

Rue de la Loi/Wetstraat 1751048 Bruxelles/Brussel

BELGIQUE/BELGIËTel. +32 22816111


QC-31-12-311-EN

-C

JULY 2013

doi:10.2860/96217


and decision-making