3 Relations between the European
Parliament and the Commission
| (32090)
12717/10
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| Draft Framework Agreement on relations between the European Parliament and the Commission
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| Legal base | Article 295 TFEU; —
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| Document originated | 29 July 2010
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| Deposited in Parliament | 28 July 2010
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 15 October 2010
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Legally and politically important
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| Committee's decision | Not cleared; further information requested
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Background
3.1 The Framework Agreement on relations between the European
Parliament and the Commission, originally adopted in 1990, has
been revised to take account of the reforms introduced by the
Treaty of Lisbon.
The Document
3.2 The 2010 Framework Agreement on relations between the
European Parliament and the European Commission (the Framework
Agreement) inter alia defines the political responsibilities
of each institution towards the other; lays down rules for the
flow of information between them; aims to improve the planning
and co-ordination of the two institutions' legislative procedures;
and provides for rules on the Commission's participation in EP
proceedings. Key elements in the revision of the Framework Agreement
are set out below.
PRINCIPLE OF EQUAL TREATMENT
3.3 Paragraph 8 of the Framework Agreement requires the Commission
to apply the principle of equal treatment in its relations with
the European Parliament (EP) and the Council, especially with
regard to access to meetings and the provision of information,
in particular on legislative and budgetary matters. (That said,
somewhat oddly, paragraph 10 goes on to say there will be a "special
relationship" between the EP and the Commission, and lists
the duties which the Commission performs as part of that relationship.)
LEGISLATIVE INITIATIVE REQUESTS
3.4 Under paragraph 14 of the Framework Agreement, the Commission
will report on the follow-up given to a request for legislation
made by the EP under Article 225 TFEU within three months of the
EP adopting its request. The Commission must submit a legislative
proposal within a year of the EP's request or include the proposal
in the next year's work programme. If the Commission does not
submit a proposal, it must give a detailed explanation to the
EP of the reasons why.
ISSUES LINKED TO BETTER LAW-MAKING
3.5 Under this heading the Commission shall, pursuant to paragraph
36, make available "summary information to the Parliament
about all infringement procedures, from the letter of formal notice,
included, if so requested by Parliament, on a case-by-case basis
and respecting the confidentiality rules, in particular those
acknowledged by the Court of Justice of the European Union, on
the issues concerned by the infringement procedure".
IMPROVING THE ACCOUNTABILITY OF THE EXECUTIVE
3.6 Under this heading a regular Question Hour with the President
of the Commission and the Commissioners, including the Vice-President
for External Relations/High-Representative for Foreign Affairs
and Security, will be introduced (paragraph 37).
3.7 If the EP asks the Commission President to
withdraw confidence in an individual Member of the Commission,
the President must seriously consider whether he should request
that Member to resign. The President shall then either require
the resignation of that Member or explain his refusal to do so
before the EP (paragraph 3).
INVOLVEMENT OF EP IN NEGOTIATIONS OF INTERNATIONAL
AGREEMENTS
3.8 The agreement stipulates that the Commission
will provide the EP with immediate and full information at every
stage of negotiations of international agreements, including the
definition of negotiating directives; that it will take the EP's
views "as far as possible" into account; that it will
ensure that MEPs can have observer status within EU delegations
handling international negotiations; and that channels should
be established for the Commission to forward to the EP relevant
confidential documents (paragraphs 19-25).
COMMISSION WORK PROGRAMME
3.9 The College of the Commission shall meet
on an annual basis with the EP's Conference of Presidents and
the Conference of Committee Chairs prior to adopting the annual
Work Programme. In addition to legislative proposals, the Work
Programme shall include major soft law initiatives, and proposals
for the simplification and withdrawal of legislation. The Commission's
Work Programme thus becomes "the basis for a structured dialogue
with the Parliament" (Annex 4).
The Government's view
3.10 In his letter of 15 October 2010 depositing
the Framework Agreement, the Minister for Europe (David Lidington)
explains that the latest version of the Framework Agreement was
first issued to the Council on 29 July 2010. He explains that
there has been concern within the Council that the Framework Agreement
could potentially breach the requirement for the Commission and
the EP to act within the limits of the powers conferred upon them
by the Lisbon Treaty. He says that the Agreement confers powers
on the European Parliament beyond the Treaty, for example on access
to confidential information and giving it a greater role in international
negotiations, and limits the Commission's autonomy, for example
during the legislative process and in requesting the resignation
of Commissioners.
3.11 In light of these concerns the Minister
says there has been discussion within the Council as to whether
it should issue an official declaration noting its intention to
monitor the operation of the Framework Agreement and reserving
its right to bring a legal challenge before the Court of Justice
at a later date, if it considers that either or both institutions
subsequently applies the Framework Agreement in a way contrary
to the Treaties. He says he is extremely concerned over any potential
undermining of the inter-institutional balance as set out in the
Treaties arising from the Framework Agreement. Accordingly, the
UK has been in the forefront in pushing within the Council to
secure a robustly worded Council declaration in response to the
Agreement, and will continue to push this line as discussions
on these texts progress within the Council. He has made an undertaking
to keep the Committee informed of further progress.
COSAC's view
3.12 The XLIII COSAC, which met from 31 May to
1 June, reviewed the draft Framework Agreement and made the following
comments in its Contribution:[3]
"COSAC underlines that inter-institutional agreements
should not in any circumstances affect the inter-institutional
balance of the Union and the letter and the spirit of the Treaty
on European Union.
"COSAC recalls that the independence of the
European Commission should not be questioned and that the acts
of the Council assume a particular significance for national Parliaments
which exercise control of this body through their respective Governments.
COSAC expects that respective prerogatives of all EU institutions
be maintained, as defined in the Treaties, which entails no change
in the status of the Council, thereby upholding the ability of
national Parliaments and the European Parliament to influence
European policy."
Conclusion
3.13 We thank the Minister for his letter
and note that the Council has now issued a declaration on the
Framework Agreement, which appeared in the Official Journal on
23 October.[4] This
matter is of concern to us. We ask the Minister to deposit the
declaration as soon as possible, together with a more detailed
explanation indicating the provisions to which the Council objects,
the basis of the objection, the implications of those provisions
for the interinstitutional balance as provided for by the EU Treaties;
and also with his view on the likelihood of the Council bringing
an action before the Court of Justice to annul an act of the Commission
or European Parliament performed in application of a provision
of the Framework Agreement.
3.14 The Lisbon Treaty gives interinstitutional
agreements such as this a legal base in the EU Treaties for the
first time:
"The European Parliament, the Council and
the Commission shall consult each other and by common agreement
make arrangements for their cooperation. To that end, they may,
in compliance with the Treaties, conclude interinstitutional agreements
which may be of a binding nature." (Article 295 TFEU).
We note that this Article gives the Council
the right to act as an equal participant in negotiations to conclude
interinstitutional agreements, including the right to be consulted.
It also emphasises the importance of "common agreement"
between the institutions, no doubt to avoid just this type of
institutional quarrel. So we ask the Minister to explain why the
Council did not insist on participating in the negotiations to
ensure that the powers conferred on the Commission and European
Parliament were fully respected.
3 http://www.cosac.eu/en/meetings/Madrid2010/ordinary.doc Back
4
OJ No. C 287 p.1, 23.10.2010. Back
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