APPENDIX 5: EP CODE OF CONDUCT FOR
NEGOTIATING CODECISION FILES[31]
1. Introduction
This code of conduct sets out general principles
within Parliament, on how to conduct negotiations during all stages
of the codecision procedure with the aim of increasing their transparency
and accountability, especially at an early stage of the procedure[32].
It is complementary to the "Joint Declaration on practical
arrangements for the codecision procedure" agreed between
Parliament, Council and the Commission which focuses more on the
relationship between these institutions.
Within Parliament, the lead parliamentary committee
shall be the main responsible body during negotiations both at
first and second reading.
2. Decision to enter into negotiations
As a general rule, Parliament shall make use
of all possibilities offered at all stages of the codecision procedure.
The decision to seek to achieve an agreement early in the legislative
process shall be a case-by-case decision, taking account
of the distinctive characteristics of each individual file. It
shall be politically justified in terms of, for example, political
priorities; the uncontroversial or 'technical' nature of the proposal;
an urgent situation and/or the attitude of a given Presidency
to a specific file.
The possibility of entering into negotiations with
the Council shall be presented by the rapporteur to the full committee
and the decision to pursue such a course of action shall be taken
either by broad consensus or, if necessary, by a vote.
3. Composition of negotiating team
The decision by the committee to enter into negotiations
with the Council and the Commission in view of an agreement shall
also include a decision on the composition of the EP negotiating
team. As a general principle, political balance shall be respected
and all political groups shall be represented at least at staff
level in these negotiations.
The relevant service of the EP General Secretariat
shall be responsible for the practical organisation of the negotiations.
4. Mandate of the negotiating team
As a general rule, the amendments adopted in
committee or in plenary shall form the basis for the mandate of
the EP negotiating team. The committee may also determine priorities
and a time-limit for negotiations.
In the exceptional case of negotiations on a first
reading agreement before the vote in committee, the committee
shall provide guidance to the EP negotiating team.
5. Organisation of trilogues
As a matter of principle and in order to enhance
transparency, trilogues taking place within the European Parliament
and Council shall be announced.
Negotiations in trilogues shall be based on one joint
document, indicating the position of the respective institution
with regard to each individual amendment, and also including any
compromise texts distributed at trilogue meetings (e.g. established
practice of a four-column document). As far as possible, compromise
texts submitted for discussion at a forthcoming meeting shall
be circulated in advance to all participants.
If necessary, interpretation facilities should be
provided to the EP negotiating team.[33]
6. Feedback and decision on agreement reached
After each trilogue, the negotiating team shall
report back to the committee on the outcome of the negotiations
and make all texts distributed available to the committee. If
this is not possible for timing reasons, the negotiating team
shall meet the shadow rapporteurs, if necessary together with
the coordinators, for a full update.
The committee shall consider any agreement reached
or update the mandate of the negotiating team in the case that
further negotiations are required. If this is not possible for
timing reasons, notably at second reading stage, the decision
on the agreement shall be taken by the rapporteur and the shadow
rapporteurs, if necessary together with the committee chair and
the coordinators. There shall be sufficient time between the end
of the negotiations and the vote in plenary to allow political
groups to prepare their final position.
7. Assistance
The negotiating team shall be provided with all
the resources necessary for it to conduct its work properly. This
should include an 'administrative support team' made up of the
committee secretariat, political advisor of the rapporteur, the
codecision secretariat and the legal service. Depending on the
individual file and on the stage of the negotiations, this team
could be enlarged.
8. Finalisation
The agreement between Parliament and Council
shall be confirmed in writing by an official letter. No changes
shall be made to any agreed texts without the explicit agreement,
at the appropriate level, of both the European Parliament and
the Council.
9. Conciliation
The principles laid down in this code of conduct
shall also be applicable for the conciliation procedure, with
the EP delegation as the main responsible body within Parliament.
31 As adopted by the Working Party on Parliamentary
Reform at its meeting on 23 April 2008. Back
32
Special attention needs to be given to negotiations taking place
at those stages of the procedure, where the visibility within
Parliament is very limited. This is the case for negotiations:
(a) before the committee vote at first reading with the aim of
reaching a first reading agreement; (b) after Parliament's first
reading with the aim of reaching an early second reading agreement. Back
33
In line with the decision taken by the Bureau of 10 December 2007. Back
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