Associated and opinion-giving committees submit their opinions to the lead committee. MEPs can propose amendments, or the rejection of a bill. They must fulfil the second reading criteria and each must be approved by an absolute majority of Parliament's component members. REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third -country national or a stateless person (recast) EN 2 EN EXPLANATORY MEMORANDUM 1. ERC President Prof. Jean-Pierre Bourguignon Hearing at the European Parliament’s ITRE Committee Brussels, Belgium Check against delivery Dear Chair of the ITRE Committee, Dear Dr Busoi, Dear Vice-Chairs, Distinguished members of the European Parliament, Ladies and gentlemen, Last time I spoke to you was in November 2019. If one or both rejects it, or does not respond in time, the legislation falls and the procedure is ended. The text of the first reading position is sent to the Parliament, together with a statement of reasons, and any statements made by the Council and/or the Commission for the Council's minutes. 1. If Parliament and Council approve the joint text, the legislative proposal is adopted. In the proposed Omnibus 2 Regulation less changes are necessary as most significant changes were agreed in the context of the negotiation of the Omnibus 1 Regulation. The Commission may decide at any time during the first reading to withdraw or alter its proposal. You can only ask MEPs and/or your government to approve or reject the joint text. request that a Parliamentary committee draws up an own-initiative report that, once approved by the Parliament, though non-binding, can put pressure on the Commission to come up with new proposals. The age of eligibility is 18 in all besides Greece, where it is 17, and Austria and Malta, where it is 16. IEEP has conducted a preliminary assessment of the European Council's and the European Parliament’s positions against six essential elements for keeping the CAP’s environmental ambition alive. The three EU Institutions, the European Parliament, the Council and the European Commission, have committed to agree each year on a number of priority proposals, to which they want to ensure substantial progress. Parliament can accept the proposal without any changes or make amendments. In the case of a vote, the delegation's decisions are taken by a majority of its component members (i.e. Cion doc. In those cases, Parliament may approve or reject a legislative proposal , or propose amendments to it, but the Council is not legally obliged to follow Parliament's opinion, although it does need to wait for it before taking a decision. Summary . 02/07/2018 . If the Commission refuses, Parliament may decide to refer the matter back to the parliamentary committee. It could include specific requests, usually addressed to the other institutions, or clarifications. The Commission led by Jean-Claude Juncker (2014-2019) presented 396 proposals under the ordinary legislative procedure, which was fewer than the 584 proposals submitted by the second Commission headed by José Manuel Barroso (2009-2014), the 508 proposals of the first Barroso Commission (2004-2009) and the 432 proposals presented by the Romano Prodi Commission (1999-2004). These see the Council adopt alone with just the involvement of the other. The Conciliation Committee is chaired jointly by a vice-president of the Parliament and a minister of the member state holding the Presidency. It is the body where member state governments meet to negotiate, make EU laws and take key decisions in foreign and security policy, trade, and economic policy. Documents are available in all official languages. If the Council proposes changes to the Parliament's position at first reading, the resulting document is: Position of the Council at first reading. Committee referral announced in Parliament, 1st reading/single reading. The Commission informs Parliament of its position. During the 2014-2019 legislative term, 89% of the files were agreed at first reading, compared with 85% in the 2009-2014 legislative term, , 72% in 2004-2009 and 29% in 1999-2004. If the Parliament approves the Council's position at first reading, it adopts a European Parliament legislative resolution on the Council position at first reading. The European Parliament also has the option of consulting the two Committees. The committee also has the Commission proposal and its opinion on Parliament's second reading amendments. Amendments on which the Commission has a negative opinion require unanimous approval by the Council. When the proposal is sent to Parliament, the rapporteur and "shadow rapporteurs" (Members usually appointed by each of the political groups to follow a procedure) usually start collecting opinions from concerned parties. Parliament's committees deal with EU legislative proposals by adopting reports, which then are referred to plenary for voting by all Members, and appoint negotiation teams to conduct talks with Council. : +352 4398-1 Opinion No 6/2020 concerning the proposal for a regulation of the European Parliament and of the Council establishing a Recovery and Resilience Facility They adopt non-legislative reports, organise hearings with experts and scrutinise other EU bodies and institutions. The European Commission prepares legislative proposals on its own initiative or at the request of other EU institutions or countries, or following a citizens' initiative, often after public consultations. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC . BUDGET LINES: Revenue line (Chapter/Article/Item): Revenue line: Chapter 1 2, Article 1 2 0 Amount budgeted for the year concerned: EUR 22 156 900 000 (only in case of assigned revenues): If Parliament does not take a decision by the deadline, the act is deemed to have been adopted in accordance with the Council's first reading position. Voting is compulsory in Belgium, Bulgaria, Luxembourg, Cyprus and Greece. In order to do so, the co-legislators (Parliament and Council) have to negotiate unless they both approve the Commission proposal without amendments or agree to minor technical amendments that do not require negotiation. The European Parliament is the legislative arm of the European Union and represents its citizens. Where negotiations are successful, the chair of the parliamentary committee responsible will send a letter to the Coreper chair, in which the Parliament undertakes to approve the Council's amendments if they are in line with the agreed compromise. The European Council does not adopt EU laws. In recent years, there has been a growing trend towards agreements at first reading. There are four possible outcomes to a second reading: Parliament approves the Council's position and the act is adopted; Parliament does not take a decision within the time limit, in which case the act is adopted as amended by Council in its first reading; Parliament rejects the Council's first reading position, in which case the act is not adopted and the procedure is ended; Parliament proposes amendments to the Council's first reading position and forwards its position to the Council for a second reading. The debate normally begins with statements by the vice-president who chaired the delegation and the rapporteur. If elections for the European Parliament have taken place since the first reading, the President may decide that the restrictions do not apply. Any such proposal is voted on before voting proceeds on amendments. The rapporteurs of both identify which areas of text fall within their exclusive or shared competence and agree precisely how they will cooperate. The rapporteur is responsible for presenting a draft report to committee, including his/her amendments to the Commission proposal. PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the Delivery of the European Agenda on Migration . There are restrictions on second reading amendments in committee and plenary. The procedure is similar to the preparation of the Council's first reading position: the competent working party prepares a position, which is submitted to Coreper and adopted by the Council. The Council is represented by a member of the Council or the deputy or permanent representative (chair of Coreper I or II respectively) of the member state holding the Presidency, who is assisted by members of the Council's secretariat, including its legal service. In the 2014-2019 legislative term, 41 out of 401 concluded files under the ordinary legislative procedure (10%) were adopted in so-called early second readings, when Parliament adopts a pre-negotiated (between Parliament, the Council and the Commission) Council first reading position without amendments, meaning the act is adopted. The joint text cannot be changed. The Conciliation Committee is convened by the President of the Council with the agreement of the President of the Parliament. If Parliament has introduced amendments, adoption of the act is dependent on the Council approving all the amendments by qualified majority if the Commission has incorporated them into its amended proposal, or by unanimity if it has not. The document proposed by the Commission is a: Proposal for a regulation (or directive or decision) of the European Parliament and of the Council on [subject matter]. Approval is by a simple majority of votes cast; otherwise the joint text is rejected. In both cases, the Council only finalises its position after receiving Parliament's first reading amendments and the Commission's resulting amended proposal. In the 1999-2004 term, 25% of files were adopted in early second reading, taking an average of 23 months. The Conciliation Committee, composed of an equal number of MEPs and Council representatives, tries to reach agreement on a joint text. It also asks the Commission to propose legislation. Their signature is required to enact EU laws and the budget and they attend European Council meetings and set out Parliament's point of view with regards to the agenda. Committee referral announced in Parliament, 1st reading/single reading . It has six (or eight if jointly agreed) weeks to agree a joint text. initiate the process whereby the Parliament asks the Commission to propose legislation. The Council, on the other hand, remains more reluctant and, in the draft Council Decision approving the TCA, only committed to putting the European Parliament “in a position to exercise fully its institutional prerogatives throughout the process in accordance with the Treaties.” During committee debates, the Commission may defend its proposal and answer questions from members of the committee. Parliament’s negotiating team is presided over by the chair of the committee responsible, while the rapporteur plays a leading role in defending Parliament’s position. Find out more . The joint text is sent simultaneously to Parliament and Council for approval. In addition, the Committees can issue opinions on their own initiative. That group proposes a rapporteur from among its committee members or permanent substitutes. The team also includes the shadow rapporteurs from the political groups. The delegation is assisted by a dedicated service of Parliament's administration, the Legislative Affairs Unit, and by specialised services: e.g. If a motion for the rejection of the proposal, tabled by the committee responsible, a political group or at least 36 members, is adopted, Parliament's President will request the Commission withdraw its proposal. Together with the European Parliament, the Council adopts legislation proposed by the European Commission. The requested actions are: first, to set out by After the “yellow card” review, the authoring institution (usually the Commission) may decide to maintain, amend or withdraw the legislation. The Council delegation approves it by a qualified majority (or unanimity in cases stipulated by the Treaty) while the Parliament delegation votes by a simple majority of its component members. The proposal must be adopted by a majority of the component members of the European Parliament - i.e. that there are sufficient financial resources. Parliament also receives a Commission communication explaining its position on the Council's position and why it supports or opposes it. COM(2012)0011. The Council examines Parliament's second reading position and either approves all of Parliament's amendments, meaning the act is adopted, or does not approve all amendments, leading to the convening of the Conciliation Committee. The plenary acts by simple majority of votes cast if it approves the Council's first reading position without amendments. Since it was concluded as an Association Agreement (AA) pursuant to Article 217 TFEU, both the Council and European Parliament must first approve the Agreement before it can fully enter into force. At the end of the procedure, the delegation formally approves or rejects the agreement reached in conciliation. The second reading in committee is broadly similar to the first reading procedure, but the text to be amended is the Council's first reading position rather than the Commission proposal. There are no possibilities for introducing amendments, but you can inform the MEPs participating in the conciliation committee and your government on the points that you believe should not be included in the final legislative act. (5) The European Council, meeting in Lisbon, on 23 and 24 March 2000, set out in its Presidency conclusions two decisions applying to postal services, whereby action was requested of the Commission, the Council and the Member States in accordance with their respective powers. Unlike negotiations at the first reading stage, Parliament’s mandate will be its first reading position. If the Council approves all Parliament's amendments, the act is adopted. The proposal does not call for any special provisions of the kind referred to in Article 15 of the Treaty. If the European Parliament votes to modify the Council's position, it adopts the Position of the European Parliament adopted at second reading. The Conciliation Committee must be convened within six weeks (or eight, if an extension has been agreed) of the conclusion of the Council's second reading and official notification to Parliament that it will not accept Parliament's second reading amendments. Any amendments or rejection of the Council's position must be approved by an absolute majority of MEPs. The Treaty does not set any time limit for Parliament's first reading. In July 2005 an overwhelming majority of MEPs rejected the Council’s position on the software patents directive (directive on the patentability of computer implemented inventions), which killed the proposal. It can only be restarted with a new proposal from the Commission. If the Commission decides to keep the proposal, it must justify its position. Before voting on any amendments, the President may ask the Commission to state its position and the Council to comment. The Treaty specifically requires the Commission to deliver a written opinion on Parliament's amendments and this determines the type of vote necessary in the Council: if, for instance, the Council wishes to adopt a Parliament amendment on which the Commission has delivered a negative opinion, it must do so unanimously. If successful, such negotiations lead to so-called early second reading agreements, as the Parliament’s second reading position, which will be identical to Council’s first reading position, will conclude the legislative procedure. Parliament and Council have six weeks to approve the joint text, which could be extended to eight weeks, if the two institutions agree. A political group or at least 36 members may table amendments to the report and put them to a plenary vote. It is important to remember that getting a piece of legislation blocked or withdrawn is more an issue of organisation and pan-European … During its first reading, the Council may decide to accept Parliament's position, in which case the legislative act is adopted, or it may amend Parliament's position and return the proposal to Parliament for a second reading. In the event of joint committee meetings, the rapporteurs concerned draw up a single draft report, which is examined and voted on by the committees involved at jointly chaired joint meetings. In its legislative role, the Parliament passes laws (along with the Council of the EU) which have been proposed by the European Commission. Parliament uses all 24 of the EU's official languages in its daily business and all are of equal status, with all documents being published in every language and MEPs having the right to speak and work in their own language, with provisions made for them to do so. The European Commission is the 'executive body' of the EU. The parliamentary committee usually meets several times to examine the draft report. Together with the European Parliament, it is both the EU’s lawmaker and the budgetary authority of the EU. The European Commission is represented by the Commissioner or their representative (Director-General of the department in charge of the dossier), assisted by experts, its legal service and the administration. As with trilogues, the main working tool is the four column document (see point 13), translated into all official languages. In its legislative role, the Parliament passes laws (along with the Council of the EU) which have been proposed by the European Commission. If the Conciliation Committee approves the joint text, it must be approved by the full European Parliament and the Council in third readings. When the co-legislators are aiming for a first reading agreement they organise informal meetings attended by representatives of the Parliament (rapporteur and shadow rapporteurs), the Council (Presidency chair of the working party and/or Coreper, sometimes also a minister), and the Commission (department responsible for the dossier, sometimes also the responsible Commissioner). If the text is adopted by both Parliament and Council, it is submitted for signature by the Presidents and Secretaries-General of the European Parliament and Council, after which it is published in the Official Journal. If the Council does not approve all Parliament's amendments at second reading, a Conciliation Committee is convened. THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 173 and the third paragraph of Article 175 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, The team also includes the shadow rapporteurs from the political groups. It stressed that "Every citizen must be equipped with the skills needed to live and work in this new information Debate in Council. Directives lay down end results to be achieved in every member state, but leaves it up to national governments to decide how to adapt their laws to achieve these goals. The European elections took place between 23-26 May 2019. National parliaments receive all Commission legislative proposals at the same time as the European Parliament and Council, giving them the chance to react to proposals with an opinion. The Conciliation Committee must be convened within six (with a possible extension to eight) weeks. This is called the 'subsidiarity control mechanism'. In bicameral parliamentary systems, each of the two chambers has one vote. The Council decides by qualified majority, unless its position differs from that of the Commission, in which case unanimity is required. Legislative proposal published. In the 2004-2009 term, 10% of files were adopted in early second reading, taking an average of 25 months. The committee report constitutes the mandate and is announced in plenary. If an objection is raised, the mandate is put to the vote in plenary: a simple majority of Parliament members may approve the mandate. Parliament sits in eight political groups, organised by affiliation rather than nationality. The Conciliation Committee failed to approve a joint text on: Within six (with a possible extension to eight) weeks of the conclusion of Council's second reading (in which it does not accept all of Parliament’s second reading amendments), the Presidents of the Council and European Parliament convene the Conciliation Committee, with equal numbers of MEPs and Council representatives. 1 OJ C 145, 30.6.2007, p. 5. Prior to reaching a first reading position, Council may reach an agreement in principle, commonly termed a general approach. In the framework of the Conciliation Committee the two co-legislators - European Parliament and Council - negotiate directly with the aim of reaching an agreement in the form of a joint text. The Parliament's President rules on the admissibility of amendments tabled for plenary. Should the mandate be rejected, the committee report and any amendments are placed on the agenda of the following plenary session, at which Parliament may adopt its first reading position, or refer the proposal back to the committee for negotiation (on the basis of the amendments tabled in plenary) or for reconsideration. Commission DG Commissioner Internal Market, Industry ... European Parliament . This is possible only in cases where Parliament thinks EU legislation is needed to help implement the Treaties. Before voting on any amendments in plenary, the President may ask the Commission to indicate whether or not it would be willing to accept them. If the committee responsible, a political group, or at least 36 MEPs feel that the proposal or parts of it do not comply with EU fundamental rights, it can be referred to the committee responsible for the protection of fundamental rights (the civil liberties committee). Agreement to certain amendments or compromise proposals is given, subject to overall agreement. between the Council, the European Parliament and the Commission with a view to reaching an agreement on this file at first reading. Notable procedures are the consultation and consent procedures, though various others are used for specific cases. Decisions apply in specific cases, involving particular authorities or individuals and are fully binding. Parliament's first reading position is forwarded to the Council. If the committee wishes to enter into negotiations with the Council in view of an agreement at first reading, it may also, after adopting its report, adopt a decision to negotiate by an absolute majority. As of January 2020, there had been only four cases where the Conciliation Committee failed to reach agreement on a joint text, namely “Voice telephony” (1994), “Securities Committee” (1998), "Working Time Directive" (2009) and "Novel Foods Regulation" (2011). EN 1 EN. Then it votes on the proposal, amended or not, followed by a vote on amendments to the draft legislative resolution, if any. If you believe that a proposal is fundamentally flawed, and even with amendments will not be workable, then you will probably be seeking to have it rejected by the European Parliament. The Council adopted a Partial General Approach at its meeting (Competitiveness) on 30 November 2018. The original language version of the draft joint text is sent to the members of the delegation. The Conciliation Committee itself consists of two delegations of equal size: one from the European Parliament and one from the Council. European Court of Auditors - 12, rue Alcide De Gasperi - 1615 LUXEMBOURG - Tel. If a legislative proposal is rejected at any stage of the procedure, or the Parliament and the Council cannot reach a compromise, the proposal is not adopted and the procedure is ended. currently 14). If all Parliament's second reading amendments are approved by Council, the legislative act is considered adopted. The Council is represented by the Presidency chair of the relevant Council working party or Coreper - or sometimes by a minister - and assisted by the Council administration. The Conciliation Committee has six weeks (with a possible extension to eight) to decide on a joint text based on the second reading positions of Parliament and Council. At least a quarter of the member states must be represented within each group and 25 members are needed to form a group. : SWD(2018) 321 final Subject: COMMISSION STAFF WORKING DO CUMENT IMPACT ASSESSMENT Accompanying the document Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the 'Customs' programme for cooperation It shares powers of budget and legislation with the Council of the European Union, which represents EU member state governments. It is considered to have been convened when its first meeting takes place. Council of the European Union European Commission . The Commission is present at this and all subsequent Parliament delegation meetings. In Parliament, the vote on the joint text is preceded by a debate in plenary. The political groups must also appoint an equal number of substitute members, who can take an active part in the proceedings of the delegation, but can vote only if they replace a full member. Summary . European Parliament Citizens’ initiative, third reading in the European Parliament and Council, Third reading in the European Parliament and Council, Secretary General of the European Parliament, Treaty on the Functioning of the European Union - TFEU, Consolidated version of the Treaty on the Functioning of the European Union -, Guide to the ordinary legislative procedure, List of legal bases providing for the ordinary legislative procedure in the Treaty of Lisbon. However, Parliament and Council may ask the Commission to submit proposals and in a few well-defined cases other institutions may come up with proposals. The President's decision is final. Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-Assets, and amending Directive (EU) 2019/1937 (MiCA) European Commission A Member of the European Parliament, working in one of the parliamentary committees, draws up a report on a proposal for a ‘legislative text’ presented by the European Commission, the only institution empowered to initiate legislation. It sits in both Brussels and Strasbourg, with Members of European Parliament (MEPs) shuttling between the two, and its administrative offices are in Luxembourg. Most countries in the bloc oblige MEPs to pay an additional national tax, meaning their final take-home pay can vary from country to country. 21/10/2013. The institutions are encouraged to exchange information on the progress and timetable of negotiations in the framework of the ordinary legislative procedure. The European Parliament then discusses and votes on the legislative proposal in plenary on the basis of the committee report and amendments. Council decisions are prepared within specific working parties made up of representatives of the member states and chaired by the representative of the country holding the six-monthly rotating presidency, assisted by the Council's secretariat. This can constitute the Council’s mandate for negotiations with the Parliament. Legislative proposal COM(2018)0476 13/06/2018. The last elections were in May 2019. MEPs can also sit as non-attached members, who are not part of any group.