Select Committee on European Communities Third Report

APPENDIX 2 (Continued)


The extent of co-decision

The co-decision procedure introduced by the Treaty on European Union has had its teething troubles and is so far barely tested. We do not think that the case for extending it has been made out...... We believe that the Conference should seek to simplify the procedure before steps are taken to extend it. In particular, if the Community is serious about improving its efficiency, an increase in the use of co-decision is a step in the wrong direction. The Union does not require more co-decision. Furthermore, any extension of co-decision must involve some diminution of the role and influence of national parliaments. Since one of the problems of the Union is their limited role, it does not seem the appropriate time to enhance the powers of the European Parliament in this way.(251)


The extent of co-decision

The co-decision procedure will now apply to a much wider range of legislation. A full list of the new existing Treaty provisions and provisions to which co-decision will now apply is as follows:

New Treaty provisions

Article (5) - Employment - Incentive measures
Article 119 - Social policy - Equal opportunities and treatment
Article 129 - Public health (former basis Article 43 - consultation)
- minimum requirements regarding quality and safety of organs
- veterinary and phytosanitary measures with the direct objective the protection of public health
Article 191a - General principles for transparency
Article 209a - Countering fraud affecting the financial interests of the Community
New Article - Customs co-operation
Article 213a - Statistics
Article 213b - Establishment of independent advisory authority on data protection

Existing Treaty provisions[5]

Article 6 - Rules to prohibit discrimination on grounds of nationality (co-operation)
Article 8a(2)[6] - Provisions for facilitating the exercise of citizens' right to move and reside freely within the territory of the Member States (assent)
Article 51[7] - Internal market (consultation)
- rules on social security for Community immigrant workers
Article 56(2)[8] - Co-ordination of provisions laid down by law, regulation or administrative action for special treatment for foreign nationals (right of establishment)
Article 57(2)[9] - Co-ordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking up and pursuit of activities as self-employed persons (consultation). Amendment of existing principles laid down by law governing the professions with respect to training and conditions of access for natural persons (consultation)
Article 75(1) - Transport policy (co-operation)
- Common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States.
- The conditions under which non-resident carriers may operate transport services within a Member State.
- Measures to improve transport safety.



The extent of co-decision (continued)

Article 84 - Transport policy (co-operation)
- Sea and air transport.
Social policy - Articles resulting from the transposition into the Treaty of the agreement on social policy (Article 2(2)), except for aspects of that Agreement which are currently subject to unanimity (Article 2(3)) (co-operation)
Article 125 - Implementing decisions relating to the European Social Fund (co-operation)
Article 127(4) - Vocational training (co-operation)
- Measures to contribute to the achievement of the objectives of Article 127.
Article 129d - Other measures (TENs) (co-operation)
3rd subpara.
Article 130e - ERDF implementing decisions (co-operation)
Article 130o - Adoption of measures referred
2nd subpara. in Articles 130k and I - research (co-operation)
Article 130s(1) - Environment (co-operation)
- Action by the Community in order to achieve the objectives of Article 130r.
Article 130w - Development co-operation (co-operation).

5   The procedure currently applicable is indicated between brackets after the content of each Article. Back

6   The Council shall act unanimously. Back

7   The Council shall act unanimously. Back

8   As simplified (see CONF/4152/97). Back

9   The Council shall act unanimously. Back

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