11 Relations between the European
Parliament and the Commission
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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 October 2010
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 21 December 2010; Minister's letter of 21 December 2010
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| Previous Committee Report | HC 428-vii (2010-11), chapter 3 (10 November 2010)
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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 | Cleared
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Background
11.1 The Framework Agreement on relations between the European
Parliament and the Commission has been revised in order to take
account of the reforms introduced by the Treaty of Lisbon. The
Agreement, first adopted in 1990 and update every five years,
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 European Parliament
proceedings. The key elements of the 2010 revision are set out
in our previous Report.[48]
Previous scrutiny
11.2 In a letter of 15 October depositing the Framework Agreement,
the Minister for Europe (Mr David Lidington) explained that there
had been concern within the Council that the Framework Agreement
could potentially breach the requirement for the Commission and
the European Parliament to act within the limits of the powers
conferred upon them by the Lisbon Treaty. As a consequence, there
had been discussion as to whether the Council 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 considered that either or both institutions had applied the
Framework Agreement in a way contrary to the Treaties. The Minister
added that he was personally extremely concerned about any potential
undermining of the inter-institutional balance arising from the
Framework Agreement. Accordingly, the UK had been in the forefront
of pushing within the Council for a robustly worded declaration
in response to the Agreement.
11.3 We asked the Minister to deposit the declaration
in due course, together with a more detailed explanation of the
provisions to which the Council objects, the basis of the objection,
the implications of those provisions for the inter-institutional
balance; and also with his view of the likelihood of the Council
bringing an action before the Court of Justice to annul an act
of the Commission or European Parliament performed as a consequence
of the Framework Agreement.
The Government's view
11.4 The Minister wrote on 21 December to apologise
for not depositing the Council declaration earlier. In an Explanatory
Memorandum of the same date, with a copy of the declaration (dated
23 October) annexed to it, the Minister explains that the 2010
Framework Agreement differs from the previous Agreement in four
key respects:
"International relations: Provisions on sharing
information around international negotiations and the requirement
for the Commission to take due note of the Parliament's opinion
(item 9, 19, 25 and annex 3). Point 21 stipulates that the Commission
will facilitate the participation of Parliament in relevant meeting
before and after negotiations.
"Legislation: Item 13a and parts of annex 1
provide the Parliament with access to meeting of national experts
and a role in implementing legislation. Items 31 and 33 also amend
the legislative procedure giving Parliament a greater say over
amendments. The agreement also provides for Parliamentary involvement
in non-binding initiatives of the Commission (item 36).
"Information: Requiring the Commission to forward
certain confidential information to the Parliament (item 18 and
annex 2). The agreement supports the Commission providing the
Parliament with information on infraction proceedings in Member
States (item 36).
"Appointments. It provides powers for the Parliament
to hold hearings for the appointment of Executive Directors of
regulatory agencies (item 26), and gives the Parliament the right
to demand the resignation of individual Commissioners (items 3,
4 and 5). If the President of the Commission refuses, he will
have to explain to the Parliament why he has done so."
11.5 He explains that the Council expressed concern
in the declaration at the level of information that the agreement
suggests will be shared with the European Parliament and the role
that the European Parliament may gain in international relations.
For example, the provision by the Commission to the European Parliament
of a summary of its infraction proceedings against the Member
States "is possibly outside the Treaties". The Council
is concerned that this may undermine the confidence of conversations
between the Commission and Member States on infractions. There
is also some concern that the commitment of the Commission to
take account of the European Parliament's amendments during the
legislative process restricts the Commission's autonomy.
11.6 However, whilst the Government believes
that the Framework Agreement has the capacity to threaten the
inter-institutional balance in these areas, it does not itself
violate it. The Council has noted in the declaration its intention
to monitor the operation of the Framework Agreement and warned
that it would bring a legal challenge before the Court of Justice
if it considers that any act or action of the European Parliament
or of the Commission based on the Agreement would have an effect
contrary to the interests of the Council and the prerogatives
conferred upon it by the Treaties.
Conclusion
11.7 We thank the Minister for this update
and clear the document from scrutiny.
48 See headnote. Back
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