LUXEMBOURG PRESIDENCY OF THE EU
GLOSSARY
Acquis
The body of common rights and obligations that binds EU Member States together. It is constantly evolving and comprises:
- the content, principles and political objectives of the Treaties;
- the legislation adopted in application of the treaties and the case law of the Court of Justice;
- the declarations and resolutions adopted by the Union;
- measures relating to the common foreign and security policy;
- measures relating to justice and home affairs;
- international agreements concluded by the Community and those concluded by the Member States between themselves in the field of the Union's activities.
Applicant countries have to accept the Community acquis before they can join the Union (though some derogations are possible).
Co-decision procedure
Introduced by the Treaty of Maastricht and extended in subsequent European Treaties. The procedure strengthened the powers of the European Parliament (in those cases laid down by the Treaty), requiring that the Council and European Parliament jointly adopt a Commission proposal. Agreement can be reached at either First, Second or Third Readings (see below).
The co-decision procedure applies to a wide range of EU policies, including the free movement of workers, right of establishment, services, the internal market, education (incentive measures), social exclusion, public health (incentive measures), consumer policy, trans-European networks (guidelines), environment, culture (incentive measures) and research (framework programme).
Conciliation Committee
Used to resolve disagreement between Council and Parliament on the outcome of a dossier going through the co-decision procedure (see above). Committees involve an equal number of representatives of Council and Parliament. The draft of any joint text put to a Conciliation Committee must be adopted within six weeks by qualified majority in the Council and by an absolute majority of the members of Parliament. If either institution rejects the proposal, it is deemed not to have been adopted.
First, Second and Third Reading Agreements
A legislative proposal dealt with under co-decision between the European Parliament and Council (see above) can be agreed at either first, second or third reading.
A First Reading Agreement occurs when the European Parliament's First Reading (agreed at the Strasbourg plenary session) of a proposal and the Common Position (see above) subsequently adopted by the Council are the same. First Reading agreements are rare.
A Second Reading Agreement occurs when the European Parliament accepts the Common Position text adopted by the Council, with some minor amendments. In agreeing a Common Position, the Council is obliged to take into account the position of the European Parliament. A Second Reading deal is therefore be most likely when the Council accepts many of the Parliament's amendments to the Commission proposal.
If the European Parliament has significant difficulties with the Council Common Position and the two institutions cannot reach agreement, the conciliation process (see above) is convened. A Third Reading Agreement is reached when the European Parliament and Council accept the outcome of the conciliation committee.
Political Agreement on a Common Position
The technical term used to describe the point when Ministers have reached agreement on a legislative proposal at the Council of Ministers, but where the text of that proposal has still to be formally translated by legal linguists into all official languages of the EU.
The formal Common Position is not adopted until this translation has been undertaken. Formal Common Positions are usually adopted as "A" points (no discussion) at a future Council meeting - it does not matter which formation as the Council is indivisible.
Consultation procedure
Requires (in those cases laid down by the Treaty) that the Council consult the European Parliament and take its views into account before voting on a Commission proposal. The Council is not however bound by the Parliament's position and the powers of the Parliament are limited.
Comitology
Used (where provided in primary legislation) to assist the Commission to decide on implementation measures for legislation. Comitology committees (management, advisory and regulatory) comprise representatives of Member States and are chaired by the European Commission.
Decisions and framework decisions
Framework Decisions are used to align Member State laws and regulations under the third pillar of the EU (Police and judicial cooperation in criminal matters). Proposals, put forward on the initiative of the Commission or a Member State, have to be adopted unanimously. They are binding on the Member States as to the result to be achieved but provide for national flexibility on form and method.
Decisions are used for any purpose other than that of approximating the laws and regulations of the Member States. They are binding and any measures required to implement them at Union level are adopted by the Council, acting by a qualified majority.
Proposal
The Commission will propose action at EU level only if it considers that a problem cannot be solved more efficiently at the national, regional or local level - the "subsidiarity principle". If the Commission concludes that EU legislation is needed, it drafts a proposal to address the issue. Prior to adoption, the Commission will consult widely both externally and internally. When the Commission 'adopts' a proposal, this means that it is transmitted officially to the Council and the Parliament in order to begin the decision making process.