Title: EU DecisionMaking Process
1 EU Decision-Making Process Maruxa
Cardama Principal European Officer AER Summer
School 28 August 2006
2Structure of the Presentation
- The Decision-Making Process in the EU
- The Impact of EU Decisions
- Supranational Governance
- EU Institutions
- Decision-making at EU Level
- The South West of England and SWUKBO
- How Can Regions Influence the Process? Examples
from SWUKBO
3- The Decision-Making Process
- in the European Union
4The Impact of EU Decisions
- EU legislates in all areas of public policy
market, social policy, environment, agriculture,
regional policy,research development, law and
order, citizenship,human rights, international
trade, foreign policy, defence,consumer affairs,
transport, public health, education and culture - EU sets over 80 of rules governing the
production, distribution, exchange of goods,
services and capital - About 300 of pieces of EU legislation every year
- More than in any other single set of policy
institutions in the democratic world! - Primacy over national law and direct effect
- Several Member States receive around 5 of their
GDP from the EU budget - Powerful indirect effect on the distribution of
resources between individuals, groups and nations
in the EU
5Supranational Governance
The EU is a complex institutional and policy
environment with different actors
6The EU is a complex institutional and policy
environment
- European Council (Summit) Sets guidelines and
objectives. Adopts final agreements. Reforms the
Treaty - European Commission Right of initiative and
delegated implementing powers. Control over
Member States implementation of EU legislation.
Control over Member States economic policy - European Parliament Represents citizens. General
legislative powers - Committee of the Regions and Economic and Social
Committee Consultative bodies. Compulsory
consultation for certain areas - Council of the EU Represents the Member States.
General legislative powers. Sets the political
agenda with the Commission - Court of Justice Judges over the legality of
acts - European Central Bank EU monetary policy
7 with different actors
- Other European Interests - Lobby Groups
- Regions and Cities AER, CEMR, CPMR, Eurocities,
and other specialised organisations like EPRO
(environment), ERRIN (research innovation),
ISLENET (energy and environment), POLIS
(transport), REGLEG (legislative competences),
etc. - Business and Industries UEAPME (Craft and SMEs),
UNICE (industrial and employers confederations)
and many others in different sectors - European networks associations in different
sectors - NGOs
- and a long etc.
8Main EU Institutions
European Investment Bank (EIB)
European Court of Justice (ECJ)
Court of Auditors
European Central Bank (ECB)
EU Agencies
European Commission (EC)
Lobbyists
Directive Regulation Decision
Council of Ministers
European Parliament (EP)
Economic Social Committee (EESC)
Committee of the Regions (CoR)
9European Commission
25 Members of the Commission
Info and contacts
Cabinets
Directorate Generals and Services
10EC College (from 18 November 2004)
José Manuel BARROSO (P) - President Margot
WALLSTRÖM (S) - Institutional Relations
Communication Strategy, VP Günter VERHEUGEN (D) -
Enterprise Industry, VP Jacques BARROT (F) -
Transport, VP Siim KALLAS (EST) - Administrative
Affairs, Audit Anti-Fraud, VP Franco FRATTINI
(I) - Justice, Freedom Security, VP Viviane
REDING (L) - Information Society Media Stavros
DIMAS (GR) - Environment Joaquin ALMUNIA (E) -
Economic Monetary Affairs Danuta HÜBNER (PL) -
Regional Policy Joe BORG (MAL) - Fisheries and
Maritime Affairs Dalia GRYBAUSKAITE (LIT) -
Financial Programming and Budget Janez POTOCNIK
(SLV)- Science Research
11EC College (from 18 November 2004)
Ján FIGEL (SLK) - Education, Training, Culture,
Multilinguism Markos KYPRIANOU (CYP) - Health
Consumers Protection Olli REHN (FI)- Enlargement
Louis MICHEL (B) - Development Humanitarian
Aid László KOVÁCS (HU) - Taxation Customs
Union Neelie KROES (NL) - Competition Mariann
FISCHER BOEL (DK) - Agriculture Rural
Development Benita FERRERO-WALDNER (AU) -
External Relations European Neighbourhood
Policy Charlie McCREEVY (IRE) - Internal Market
Services Vladimir SPIDLA (CZ) - Employment,
Social Affairs Equal Opportunities Peter
MANDELSON (UK) - Trade Andris PIEBALGS (LAT) -
Energy
12European Commissions main roles
-
- To propose legislation to the Parliament and the
Council Initiative - To administer and implement EU policies
- To enforce Community law (jointly with the Court
of Justice) - To act as a mouthpiece for the EU and negotiate
international agreements, mainly those relating
to trade and cooperation
13Council of Ministers
European Council/Summit Heads of State
Government
Council of Ministers National Ministers in 9
configurations Council General secretary High
Representative for Common Foreign and Security
Policy
Presidency of the Council 6 month term
Coreper I Technical Deputy Permanent
Representatives
Coreper II Political Permanent Representatives
Permanent Representations to the EU
Mertens Group
Antici Group
Working Groups Diplomats and Experts
Info and contacts
14Votes in the Council of Ministers Nice Treaty
(to be replaced by double majority system under
new EU Constitution)
15European Parliament
Political Parties Secretariat
EP President
Committees Permanent and ad hoc Secretariat
National Delegations
MEPs
Info and contacts
16Votes in the European Parliament732 MEPs
directly elected by EU citizens in June 2004
Members Germany 99 UK 78 Italy 78 France 78 S
pain 54 Poland 54 Netherlands 27 Portugal 24 Bel
gium 24 Greece 24 Czech Rep. 24 Hungary 24
Sweden 19 Austria 18 Finland 16 Denmark 14 Slovak
ia 14 Ireland 13 Lithuania 13 Latvia 9 Slovenia
7 Luxembourg 6 Estonia 6 Cyprus 6 Malta 5
Political Parties Conservatives
268 Socialists 200 Liberals 88 Greens
42 United left 41 Others 93
17Consultative or Advisory Bodies
- European Economic and Social Committee (EESC)
- Represents the organised civil society
employers, trade unions, farmers, consumers and
the other interest groups - Committee of the Regions (CoR)
- Represents the voice of the regions at the heart
of the EU and its composed of elected
representatives of regional and local authorities - Compulsory consultation before EU decisions are
taken on matters which concern local and regional
government, such as regional policy, the
environment, education and transport - But its opinion does not have to be taken on
board
18 Committee of the Regions
CoR President
Bureau
CoR Secretary General
Commissions Secretariat
Political Parties Secretariat
Elected Members
National Delegations
Info and contacts
19Decision-making at EU Level
- Involves various European institutions, in
particular - The European Commission (EC),
- The European Parliament (EP),
- The Council of the European Union
- In general Commission proposes new legislation,
but Council and Parliament pass the laws. Other
institutions and bodies also have roles to play
(e.g. Committee of the Regions CoR) - The rules of procedure are laid down in the
Treaties Every proposal for a new European is
based on a specific legal basis or article of
the Treaty, which determines the legislative
procedure to be followed - The three main procedures are consultation,
assent and co-decision
20The Three Main EU Procedures
EU uses three main ways to take decisions,
depending on the legal basis for the
decision Co-decision was introduced by the
Maastricht Treaty. requires two readings by
Parliament and Council, and conciliation if they
can not agree Consultation the opinion of the
Parliament is sought and integrated in
Commission's proposal. If the Council decides to
reject the proposal it can then only be done by
unanimity Assent was introduced by the Single
European Act and means that the Council must
obtain the European parliament's assent before
certain important decisions are taken. Parliament
can accept or reject a proposal, but can not
amend it
21Consultation
- EC submits a proposal to Council, which then
consults EP, CoR and EESC - Parliament can (i) approve the Commission
proposal, (ii) reject it (iii) or ask for
amendments - If Parliament asks for amendments, the
Commission will consider all the changes
Parliament suggests. If it accepts any of these
suggestions it will send the Council an amended
proposal - The Council examines the amended proposal and
either adopts it or amends it further. - In this procedure, as in all others, if the
Council amends a Commission proposal it must do
so unanimously - Council can only reject the proposal by unanimity
- In certain areas, such as taxation, the Councils
decision must be unanimous
22Consultation
- The areas subject to consultation are
- Police and judicial cooperation in criminal
matters - Revision of the Treaties
- Discrimination based on gender, race or ethnic
origin, religion, political beliefs, handicap,
age or sexual orientation - European citizenship
- Agriculture
- Cohesion Policy ERDF and ESF Regulations
- Legal immigration and free movement of
people-connected - Transport (when it may have a significant
influence in certain regions) - Competition law
- Tax provisions
- Economic policy
23Assent
- EC submits proposal to the Council, which can
take a decision only with the EPs express assent - EP can accept or reject a proposal, but can not
amend it - Acceptance (assent) requires an absolute
majority of the vote cast
24Assent
- The areas subject to assent are
- Specific tasks of the European Central Bank
- Amendment of the statutes of the European System
of Central Banks or the European Central Bank - Financial Perspectives
- European Parliaments uniform election procedure
- Certain international agreements
- Accession of new Member States
- Sanctions imposed on a Member State for a serious
and persistent breach of fundamental rights under
the Article 7 of the EU Treaty
25Co-Decision
- Nowadays the most used procedure Would be the
standard procedure under the Constitutional
Treaty - Council and Parliament on equal foot sharing the
legislative power equally with the Council. Both
Institutions carry out up to three readings - If Council and Parliament cannot agree on a piece
of proposed legislation, it is put before a
conciliation committee - Conciliation Committee composed of equal numbers
of Council and Parliament representatives - Once this committee has reached an agreement, the
text is sent once again to Parliament and the
Council so that they can finally adopt it as law
26Co-DecisionThe areas subject to co-decision
are
- Implementation of decisions relating to ESF
- General Regulation for Cohesion Policy
- Culture
- Health
- Consumer protection
- Trans-European networks
- Execution of European Regional Development Fund
decisions - Research
- The environment
- Prevention and prosecution of fraud
- Visas, asylum and illegal immigration (1 April
2005 at the latest)
- Prevention of discrimination on the grounds of
nationality - Freedom of movement and residency
- Free movement of labour
- Social security of migrant labour
- Freedom of establishment
- Transport
- The internal market
- Employment
- Customs cooperation
- Combating social exclusion
- Equal opportunity and treatment
- Education
- Vocational training
27Co-Decision Step by Step1. Commissions Proposal
- Monopoly of initiative in all co-decision areas
- Commission may also alter any proposal
- The legal basis adopted by the Commission will
determine the legislative procedure - Result of an extensive consultation process
impact assessment, reports by experts,
consultation of national experts, international
organisations and/or NGOs, Green and White
Papers, etc. - Also Interservice Consultation amongst Commission
departments - Adoption by the College of Commissioners (i)
either written procedure (no discussion) or (ii)
an oral procedure (after discussion) - Publication in the EU Official Journal C Series
- The proposal is forwarded simultaneously to the
EP, the Council, the EESC and the CoR
28Co-Decision Step by Step2. EESCs and CoRs
Opinions
- Must be consulted by the Commission and the
Council where the Treaty so provides or in cases
in which the latter consider it appropriate - The Council or the Commission can set a time
limit for the submission of opinions - The EP also has the option of consulting the two
Committees - In addition, the EESC and the CoR may issue
opinions in cases considered by them to be
appropriate
29Co-Decision Step by Step3. EPs First Reading
Article 251(2) EC Treaty
- The EP delivers an opinion at first reading,
which is prepared by a rapporteur, discussed and
amended within the relevant parliamentary
committee and then debated in plenary session and
adopted by a simple majority
- Report from the responsible Committee rapporteur
and shadow rapporteurs exchange of views and
discussions hearings with interest groups (e.g
regions) amendments to the Commission proposals
adoption of the report by simple majority - Parallel opinions from other committees
- No legal time limit. Eight months on average or
much longer! - Simplified fast-track procedures if no amendments
by responsible committee - Adoption in plenary by a simple majority of the
final votes cast If report adopted in committee
virtually unanimously (with fewer than 10 of
votes against), plenary may adopt without
further debate - If no simple majority final achieved the
Commission is requested to withdraw its proposal
and thus the legislative procedure is stopped. If
the Commission refuses to withdraw its proposal,
the matter is referred back to the parliamentary
committee - Nothing prevents the EP from nullifying proposal
through amendments This will not necessarily
stop the legislative procedure!
30Co-Decision Step by Step4. Amended Commission
proposal
- Commission can alter its legislative proposal,
enabling it to incorporate EPs amendments which
improve the initial proposal and/or are likely to
facilitate an agreement - The amended proposal is prepared by the
respective Commissions DG in charge of the
dossier, on the basis of the mandate obtained
from the College - The Legal Service and the Secretariat-General are
consulted - The amended proposal is adopted by the College
and then published in the Official Journal L
series
31Co-Decision Step by Step5. Councils First
Reading
- Preparatory work within working parties towards
Councils position National experts EU
Presidency report to the Committee of Permanent
Representatives (Coreper I and II), which
prepares every Council decision taken at
Ministerial level - Three options
- The Council accepts without alteration the
Commissions proposal, which the EP has not
amended, and the act can be adopted - The Council accepts all the EPs amendments which
the Commission has incorporated into its amended
proposal, and the act can be adopted - In all other cases, the Council adopts a common
position - Councils common position
- Preparation by Coreper
- Adoption of by the Council of Ministers either
without debate, when an agreement has been found
at the preparatory stage (A item), or with debate
(B item) by a qualified majority with the
agreement of the Commission - But unanimity is required if its position differs
from that of the Commission
32 Co-Decision Step by Step 5a. The EP has
approved the proposal without amendment and
the Council does not wish to amend
- If the EP has not adopted any amendments, and if
the Council does not wish to alter the
Commissions proposal, the act is deemed to have
been adopted and it is then published in EU
Official Journal L series - The procedure is ended!
33Co-Decision Step by Step5b. The Council approves
all the EP amendments
- If the Council approves the Commissions proposal
as amended by the European Parliament by a
qualified majority, the act is deemed to have
been adopted and it is then published in EU
Official Journal L series - The procedure is ended!
- Adoption of all amendments by the Council by a
qualified majority if the Commission has
incorporated them into its amended proposal, or
by unanimity if this has not been done - Informal tripartite meetings between the EP
(rapporteur and, where appropriate, shadow
rapporteurs), the Council (chair of the working
party and/or Coreper), and the Commission
(responsible DG and Secretariat-General) - The Commission frequently plays a mediating and
editing role in respect of these compromise texts
34Co-Decision Step by Step6. Councils Common
Position and EPs Second Reading
- In all other cases the Council adopts a Common
Position and the EP goes through a Second Reading
- Deadline 31 months
- Councils Common position referred to responsible
Committee adoption first by Committee level and
then by plenary by qualified majority - EP Committee adopts report on Common Position
- Approval Act is adopted
- Rejection Act is deemed not to be adopted
- Amendments to the Common Position ? Second
Reading by the Council
35Co-Decision Step by Step7. Councils Second
Reading
- Deadline 31 months
- EPs Second Reading is deferred to the Council
- Examination by the Working group and Coreper
- Decision by a simple majority but unanimity is
required if the Commission expressed a negative
opinion on the EP amendments - Two options
- All EP amendments accepted The act is adopted
- Not all amendments accepted Convening of the
Conciliation Committee
36Co-Decision Step by Step 8. The Conciliation
Committee and the Joint Text
- Committee convened in 62 weeks by the EP and
Council Presidents - Informal preparatory phase
- Delegations
- EP delegation decides by a simple majority
- Council delegation decides by a qualified
majority - The Commission takes part with a moderator role
- Unbalanced representation?? EP at political
level Council at technical level - Two options
- No agreement on a Joint Text The act is not
adopted - Agreement on Joint text Third Reading by EP and
Council
37Co-Decision Step by Step 9. Third Reading Vote
on the joint text
- Council decides by a qualified majority
- EP decides by a simple majority of the vote cast
- Two options
- EP and Council adopt their positions in
accordance to Joint Text The act is adopted and
published in the EU Official Journal L series - EP and Council do not approve the Joint Text The
act is not adopted but a new procedure can be put
in place (Technical and political decisions might
not follow the same line!)
38Co-decision Flow Chart
39The Transposition and Implementation of the Acts
- Directives have to be transposed in National
legal systems but there is room for the Member
States to decide how ? Second phase for regions
to lobby - Regulations are directly adopted into national
legal systems - The implementation powers are delegated to the
Commission and comitology - Commission monitors implementation by Member
States and can take them to the European Court of
Justice in case of failure of breach of their
implementation obligations - Golplatting by Member States is also bad
transposition!
40The Importance of Comitology
- Should not be underrated!
- It integrates the Member States into all decision
making processes independently of the level and
the organ - Main critic It subverts the EU decision-making
process - But can also be justified for technical matters
at implementation stage - Three types of committees - advisory, management
and regulatory committees with different
procedures and varying levels of legislative
control over the Commission. The type of
committee assigned normally depends on the policy
area being regulated - It is not possible to determine the exact number
of EU committees as many ad hoc committees
distort statistics - All in all some sources estimate the total number
is more than a 6.000!
41More information
- EU Decision
- http//europa.eu/institutions/decision-making/inde
x_en.htm - Co-Decision website
- http//ec.europa.eu/codecision/index_en.htm
- Co-Decision Diagram
- http//ec.europa.eu/codecision/stepbystep/diagram_
en.htm
42- The South West of England
- Overview of SWUKBO
43The South West of England in Europe
44The South West of England
45Regional Profile
- Magnificent natural and built landscape
- Spirit of innovation and entrepreneurship
- Economy traditionally built on agriculture,
tourism, fishing, and defence - Important urban centres and large industries
- Dynamic social economy, creating employment and
services and promoting social cohesion
46 Key Economic Sectors
- Advanced Engineering (includes Aerospace)
- Food and drink
- ICT
- Leisure and tourism
- Marine
- Emerging sectors
- Biotechnology
- Creative industries
- Environmental technologies
47 The South West in Europe
- Population of 5 million - Compares to Catalonia
in Spain and Saxony in Germany - Enlargement of the EU provides the potential to
build new partnerships and business opportunities - EU works in partnership with South West to tackle
specific economic and social problems via
Cohesion Policy (worth 3.2 billion for
2000-2006) - Common Agricultural Policy is also of immense
importance to the regions rural economy (average
420 m per annum in 2000-2006)
48Overview of SWUKBO
49 The Brussels Office Partnership
- Established in April 2001 from the merger of 3
former offices - Broad Partnership
- South West Regional Development Agency
- Local authorities (all county and unitary)
- HERDASW (higher education)
- South Coast Metropole (Bournemouth/Poole)
- South West Regional Assembly
50SWUKBOs Mission
- To establish a regional partnership of relevant
stakeholders for the European agenda - To help bring prosperity to the South West
- By ensuring strong regional representation and
its involvement in shaping policy at EU level - By providing partners with the necessary
intelligence and channels to contribute to key EU
policies and programmes affecting regions
51The SW Partnership
Management Board Steering the work of SWUKBO
Steering Group on Cohesion coordinating all
thematic groups
SWUKBO
52SWUKBO Resources
- Budget for 2005/2006 600k/390K approximately
- Team of six people
- Director
- Senior European Officer
- Principal European Officer (1) and European
Officers (x2) - Office Manager
- Secretariat (Somerset County Council includes
part-time UK coordinator)
53Linking the Region on European Issues
National Interests (UKREP, Whitehall)
Regional interests (South West partnership)
South West UK Brussels Office
European Institutions
Other European interests (regions, European
networks, business, NGOs etc)
54Operational Framework
- Annual work programme
- Concrete actions agreed with Partners on the
basis of their priorities expected EU
activities and then formally approved by
Management Board - Monitoring/reporting cycle
- Annual report enquiries database
- Policy direction strategic assessment by the
Management Board twice a year - Independent review by DTZ (2001-2004) very
positive - Work within existing regional strategies
existing regional frameworks/committees
providing EU dimension
55SW Preparations for Future European Structural
Funds
SW Cohesion Steering Group Purpose To lead SW
preparations for future European
Funding Membership Judith Reynolds (Chair)
Jackie Longworth (Deputy Chair) Philip
Johnson (GOSW) Gil Streets (LGA) Pam Lyne
(CCC) Secretariat SWRDA
SW Cohesion Support Group Membership Philip
Johnson, Elaine Markham (GOSW), Shirley Woolner,
Carys Sanders (SWRDA), David Pattison (CCC),
Sue Smith (DCC), Chris Elton (RA), Jamshid
Ahmadi (SCC Eleni Marianou, SWUKBO
Partnership Groups Working Streams 1. SWESA
- Employment Skills 2. CORE - Rural
Development 3. Urban Advisory Group - Urban 4.
Interreg Steering Group - Interregional
Co-operation 5. Regional Environmental Network -
Environment 6. South West Forum - Social
Inclusion 7. Obj 1 2 PMC - Best Practice 8.
Regional Futures Group - Regional Strategies 9.
Obj 1 Executive Group - Convergence 10. SWRDA
- Enterprise Innovation 11. ICT - Regional
ICT Steering Group
56Types of Support to Partners
57Work Programme 2006 Three Ps
Projects
Policy
Profiling
58 Three Ps of 2006 Work Programme
- Policy Development (focus on key priorities)
- Cohesion/Structural Funds 2007-2013
- CAP, Rural Development and Fisheries
- Environment Energy
- Transport Maritime Affairs
- Lisbon Agenda
- State Aids Public Procurement
- Project Development
- Range of funding programmes
- Profiling
- Profile of SW partnership in Brussels/EU
- Profile of SW partnership in the South West and
the UK
59Annual Report 2005-2006 Highlights
- Bristol Informal Council
- European Commissioners visits (Fischer Boel,
Potocnik and Hübner) - CUC exhibition in Brussels
- Seminar on EU Waste Policy and Legislation
- SWRDA RES consultation with Commission and SW
MEPs - ERN/Cross-RDA Lisbon Study Event
- SWRDA participation in Commissions Cohesion
conference - European Parliament fisheries visit to SW
- SW CoRE conference for DEFRA consultation
- UK Presidency English Regions event
- Christmas Card competition (SW Schools)
602006 Highlights
- RES launch in the SW and in Brussels
Commissioner Hübner - RES key sectors within the Lisbon Agenda context
(Synergies with FP7 and CIP Programmes) - Energy Commissioner visits Cornwall
- 2006 decisive for the Cohesion Policy allocations
- Cooperation strand of Cohesion policy
- State Aids as a cross cutting theme
- Rural development activities - Seminar within
DEFRA consultation - EU Maritime Policy - SW Conference with
participation of Commission and UK Minister and
Regional position - Environment and Energy (renewables and wave hub,
climate change, waste) - Experts in Commissions working group on
adaptation to climate change - CUC participation in EU seminar in Brussels
61Further Information
- South West UK Brussels Office
- 86 avenue Michel Ange
- B-1000 Brussels
- Tel 00 32 2 734 4110
- E-mail mcardama_at_southwestuk.be
- info_at_southwestuk.be
-
www.southwestukbrusselsoffice.com
62How Can Regions Influence the EU Decision-Making
Process?
63Regions Influencing the EU Decision-Making
Process?
- What
- Based on the knowledge of the structure,
procedures, and the decision-making processes at
EU level - Evidence-based lobbying
- Approximately 3.000 national or European groups
and more than 10.000 lobbyists, including
regional stakeholders, in Brussels
64Regions Influencing the EU Decision-Making
Process?
- Whom and How
- Formal lobbying focused on the EU Institutions
and bodies - The Commission Regional responses to public
consultations and regional expert participating
in working groups - The European Parliament MEPs representing the
Region - The Council National Permanent Representation to
the EU - The Committee of the Regions Elected Members
- European networks and associations of Regional
interests Networking between networks - But also informal contacts!
65Regions Influencing the EU Decision-Making
Process?
- When and Where
- Before the legislative proceedings Regional
position papers ?The importance of policy
monitoring and intelligence Commission expert
working groups - During the legislative procedure Council working
groups, EP Committees and Committee of the
Regions - After the legislative process during the
implementation phase Comitology
66 Examples from SWUKBO
- The Role of the Regions in the Delivery of the
Lisbon Agenda Position paper Joint ERN/Cross
RDAs Study and Event - Financial Perspectives and Cohesion Policy
2007-2013 SW structures, UKREP, LGIB, ERBOs,
senior Commission officials, MEPs, CoR members,
European networks and associations,
Commissioners visit to the SW - EU Maritime Policy Regional Position Paper,
consultation and SW Conference - EU Waste Thematic Strategies Seminar, MEPS, EPRO
- Informal Bristol Council on Sustainable
Communities UKREP
67Thanks for your attention and interest!!
Any questions or comments?
- E-mail mcardama_at_southwestuk.be
- Tel 00 32 2 734 4110
-
-