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Decision-making procedures

Introduction

Treaty on European Union

Human rights and fundamental freedoms
Common foreign and security policy (CFSP)
Police and judicial cooperation in criminal matters
Final provisions

Treaty establishing the European Community

Closer cooperation
Discrimination on grounds of nationality
Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation
Establishing the single market
Citizenship of the Union
Free movement of goods
Agriculture
Free movement of workers
Right of establishment
Services
Capital and payments
Visas, asylum, immigration and other policies related to free movement of persons
Transport
Rules on competition
Tax provisions
Approximation of laws
Economic policy
Monetary policy
Institutional provisions in the area of economic and monetary policy
Transitional provisions in the area of economic and monetary policy
Employment
Common commercial policy
Customs cooperation
Social provisions
European Social Fund
Education, vocational training and youth
Culture
Public health
Consumer protection
Trans-European networks
Industry
Economic and social cohesion
Research and technological development
Environment
Development cooperation
Association of the overseas countries and territories
Institutional provisions (list not exhaustive)
Financial provisions (list not exhaustive)
General and final provisions (list not exhaustive)

INTRODUCTION

Decision-making in the European Union comprises several different procedures. This means that the different institutions play different roles depending on the subject matter concerned. As a rule, decision-making principally involves three institutions: the European Parliament, the Council and the Commission. However, other institutions and bodies such as the Court of Auditors, the European Central Bank, the Economic and Financial Committee, the Economic and Social Committee and the Committee of the Regions also play a role in certain specific areas. The various bodies operate within the powers conferred on them by the Treaties.

The description below covers the provisions of both the EU Treaty and the EC Treaty. It is organised by subject, following the title and chapter headings in the Treaties. Bold italics indicate changes introduced by the Amsterdam Treaty, whether in the form of a new provision or the amendment of a decision-making procedure.

TREATY ON EUROPEAN UNION

Human rights and fundamental freedoms

Determining the existence of a serious and persistent breach of the principles on which the European Union is founded (Article 7(1)):

  • proposal by one third of the Member States or the Commission - assent of the European Parliament acting by a two-thirds majority of the votes cast, representing a majority of its members - Council, meeting in the composition of the Heads of State or Government, acting by unanimity (disregarding the vote of the Member State in question).

Decision to suspend certain rights deriving from the application of the Treaty to the Member State in question (Article 7(2)):

  • Council acting by a qualified majority (disregarding the vote of the Member State in question).

Decision to revoke or vary suspension measures taken against a Member State (Article 7(3)):

  • Council acting by a qualified majority (disregarding the vote of the Member State in question).

Common foreign and security policy (CFSP)

Adopting common strategies and setting out their objectives, duration and the means to be made available by the Union and the Member States for their implementation (Article 13):

  • decision by European Council.

Decisions under the common foreign and security policy (Article 23(1)):

  • Council acting unanimously (abstention by a Member State not preventing the adoption of such decisions).

Adopting joint actions and common positions on the basis of a common strategy (Article 23(2), first subparagraph, first indent):

  • Council acting by a qualified majority (with at least 10 members voting in favour).

Adopting any decision implementing a joint action or a common position (Article 23(2), first subparagraph, second indent):

  • Council acting by a qualified majority (with at least 10 members voting in favour).

Referring a decision to the European Council where a member of the Council declares that, for important reasons of national policy, it opposes the adoption of a decision to be taken by qualified majority (Article 23(2), second subparagraph):

  • Council acting by a qualified majority (with at least 10 members voting in favour).

Procedure for concluding an agreement with one or more States or international organisations (Article 24):

  • Council, acting unanimously, may authorise the Presidency, assisted by the Commission, to open negotiations - recommendation from the Presidency - agreement concluded by the Council acting unanimously.

Decision not to charge certain expenditure to the budget of the European Communities (Article 28):

  • Council acting unanimously.

Police and judicial cooperation in criminal matters

Adoption of common positions, framework decisions and decisions (Article 34(2)(a), (b) and (c):

  • initiative of Commission or a Member State - Council acting unanimously.

Adoption of measures necessary for implementing a decision (Article 34(2)(c):

  • Council acting by a qualified majority (with at least 10 members voting in favour).

Adoption of conventions (Article 34(2)(d), first subparagraph, ex Article K.6):

  • initiative of Commission or a Member State - Council acting unanimously - ratification by Member States in accordance with their respective constitutional requirements - conventions, once adopted by at least half of the Member States, enter into force for those Member States.

Adoption of measures implementing conventions (Article 34(2)(d), second subparagraph, ex Article K.6):

  • within the Council by a majority of two-thirds of the Contracting Parties.

Establishing closer cooperation under Title VI (Article 40(2), first subparagraph):

  • at request of Member States concerned - Commission consulted - Council acting by a qualified majority (with at least 10 members voting in favour).

Referring a decision to the European Council where a member of the Council declares that, for important reasons of national policy, it opposes the granting of authorisation for closer cooperation (Article 40(2), second subparagraph):

  • Council acting by a qualified majority (with at least 10 members voting in favour).

Decision not to charge certain expenditure to the budget of the European Communities (Article 41):

  • Council acting unanimously.

Transferring action in areas covered by Title VI of the Treaty on European Union to Title IV of the Treaty establishing the European Community (Article 42, ex Article K.14):

  • initiative of Commission or a Member State - European Parliament consulted - Council acting unanimously - ratification by Member States in accordance with their respective constitutional requirements.

Final provisions

Amending the Treaties on which the European Union is founded (Article 48, ex Article N):

  • proposal from a Member State or the Commission - European Parliament and, where appropriate, Commission consulted (Council and European Central Bank also consulted where changes relate to the monetary area) - Council opinion in favour - conference of representatives of governments of Member States convened by President of Council to determine by common accord the amendments to be made to the Treaties - ratification by Member States in accordance with their respective constitutional requirements.

Accession to the European Union by a European State (Article 49, ex Article O):

  • application from prospective member - Commission consulted - assent of European Parliament - Council acting unanimously - ratification by all the contracting States in accordance with their respective constitutional requirements.

TREATY ESTABLISHING THE EUROPEAN COMMUNITY

Closer cooperation

Authorisation to establish closer cooperation (Article 11(2), first subparagraph):

  • Commission proposal - European Parliament consulted - Council acting by a qualified majority.

Referral to the Council, meeting in the composition of the Heads of State or Government, where a Member State declares that, for important reasons of national policy, it opposes the granting of authorisation for closer cooperation (Article 11(2), second subparagraph):

  • Council acting by a qualified majority (with at least 10 members voting in favour).

Authorisation to establish closer cooperation granted by the Council, meeting in the composition of the Heads of State or Government (Article 11(2), second subparagraph):

  • Council acting unanimously.

Discrimination on grounds of nationality

Adopting rules to prohibit such discrimination (Article 12, ex Article 6):

  • co-decision procedure.

Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation

Measures necessary to combat all forms of discrimination (Article 13):

  • Commission proposal - European Parliament consulted - Council acting unanimously.

Establishing the single market (see also points 6, 8, 9, 10, 11 and 16)

Determining the guidelines and conditions necessary to ensure balanced progress in all the sectors covered by the four freedoms (Article 14(3), ex Article 7 A):

  • Commission proposal - Council acting by a qualified majority.

Citizenship of the Union

Adopting provisions to facilitate the exercise of Union citizenship rights (Article 18, ex Article 8 A):

  • co-decision procedure with the Council acting unanimously.

Arrangements for exercising the right to vote and to stand as a candidate in municipal elections (Article 19(1), ex Article 8 B):

  • Commission proposal - European Parliament consulted - Council acting unanimously.

Arrangements for exercising the right to vote and to stand as a candidate in elections to the European Parliament (Article 19(2), ex Article 8 B):

  • Commission proposal - European Parliament consulted - Council acting unanimously.

Provisions to strengthen or add to the Union citizenship rights (Article 22, ex Article 8 E):

  • Commission proposal - European Parliament consulted - Council acting unanimously.

Free movement of goods

Fixing Common Customs Tariff duties (Article 26, ex Article 28):

  • Commission proposal - Council acting by a qualified majority.

Agriculture

Adopting regulations, directives, decisions and common market organisation arrangements (Article 37(2) and (3), ex Article 43):

  • Commission proposal - European Parliament consulted - Council acting by a qualified majority.

Free movement of workers

Adopting measures to bring about freedom of movement for workers (Article 40, ex Article 49):

  • co-decision procedure with Economic and Social Committee consulted.

Adopting measures in the field of social security to provide freedom of movement for workers (Article 42, ex Article 51):

  • co-decision procedure with the Council acting unanimously.

Right of establishment

Issuing directives to bring about freedom of establishment (Article 44, ex Article 54):

  • co-decision procedure with Economic and Social Committee consulted.

Exempting certain activities from the provisions of the "Right of establishment" Chapter (Article 45, ex Article 55):

  • Commission proposal - Council acting by a qualified majority.

Directives on coordinating provisions laying down special treatment of foreign nationals on grounds of public policy, public security or public health (Article 46, ex Article 56):

  • co-decision procedure.

Directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications (Article 47(1), ex Article 57):

  • co-decision procedure.

Directives for the coordination of provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons (Article 47(2), ex Article 57):

  • co-decision procedure (with the Council acting unanimously, where implementing the directive requires amendments to be made in at least one Member State to the existing legal principles governing training and conditions of access for natural persons to professions).

Services

Extending the provisions of the "Services" Chapter to service providers who are nationals of a third country, but established within the Community (Article 49, ex Article 59):

  • Commission proposal - Council acting by a qualified majority.

Directives to liberalise a specific service (Article 52, ex Article 63):

  • Commission proposal - Economic and Social Committee and the European Parliament consulted - Council acting by a qualified majority.

Capital and payments

Measures on the movement of capital to or from third countries involving direct investment - including investment in real estate - establishment, the provision of financial services or the admission of securities to capital markets (Article 57, ex Article 73 C):

  • Commission proposal - Council acting by a qualified majority (unanimity required for measures constituting a step back in Community law as regards the liberalisation of the movement of capital).

Safeguard measures where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union (Article 59, ex Article 73 F):

  • Commission proposal - European Central Bank consulted - Council acting by a qualified majority.

Urgent measures to suspend or reduce economic relations between the European Union and a third country (Article 60(1), ex Article 73 G):

  • Commission proposal - Council acting by a qualified majority.

Amending or abolishing unilateral measures taken by a Member State against a third country (Article 60(2), ex Article 73 G):

  • Commission proposal - Council acting by a qualified majority.

Visas, asylum, immigration and other policies related to free movement of persons

Measures to ensure the absence of any controls on persons, when crossing internal borders (Article 62(1)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure (after the transitional period).

Measures on standards and procedures to be followed by Member States in carrying out checks on persons at external borders (Article 62(2)(a)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure (after the transitional period).

Adoption of a uniform format for visas and a list of third countries whose nationals must be in possession of visas when crossing the external borders (Article 62(2)(b)(i) and (iii)):

  • Commission proposal - European Parliament consulted - Council acting by a qualified majority.

Establishing the procedures and conditions for issuing visas by Member States and rules on a uniform visa (Article 62(2)(b)(ii) and (iv)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / co-decision (after the transitional period).

Measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months (Article 62(3)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure (after the transitional period).

Measures on asylum (criteria and mechanisms for determining which Member State is responsible for considering an application for asylum, minimum standards on the reception of asylum seekers, conditions for qualifying for refugee status, for granting or withdrawing refugee status) (Article 63(1)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure (after the transitional period).

Measures on refugees and displaced persons (granting temporary protection) (Article 63(2)(a)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure (after the transitional period).

Measures on refugees and displaced persons (balance of effort between Member States) (Article 63(2)(b)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously.

Measures on immigration policy (conditions of entry and residence, and standards on procedures for issuing long-term visas and residence permits) (Article 63(3)(a)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously.

Measures on immigration policy (illegal immigration and illegal residence) (Article 63(3)(b)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure (after the transitional period).

Measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States (Article 63(4)):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously.

Provisional measures in an emergency situation characterised by a sudden inflow of nationals of third countries (Article 64):

  • Commission proposal - Council acting by a qualified majority.

Measures in the field of judicial cooperation in civil matters having cross-border implications (Article 65):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure (after the transitional period).

Measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission (Article 66):

  • Commission proposal or initiative of a Member State - European Parliament consulted - Council acting unanimously (for a transitional period of five years after the entry into force of the Treaty of Amsterdam) / Commission proposal - Council acting unanimously to make a decision about the required procedure(after the transitional period).

Decision to provide for all or parts of the areas covered by Title IV to be governed by the co-decision procedure after the end of the transitional period and to adapt the provisions relating to the powers of the Court of Justice (Article 67(2), second indent):

  • European Parliament consulted - Council acting unanimously.

Transport

Common rules, conditions under which non-resident carriers may operate transport services within a Member State, safety and other appropriate provisions (Article 71(1), ex Article 75):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted.

Provisions concerning the principles of the regulatory system for transport, the application of which would be liable to have a serious effect on the standard of living and on employment in certain areas and on the operation of transport facilities (Article 71(2), ex Article 75):

  • Commission proposal - European Parliament and Economic and Social Committee consulted - Council acting unanimously.

Rules to abolish discrimination which takes the form of carriers charging different rates and imposing different conditions (Article 75, ex Article 79):

  • Commission proposal - Economic and Social Committee consulted - Council acting by a qualified majority.

Deciding whether, to what extent and by what procedure appropriate provisions may be laid down for sea and air transport (Article 80, ex Article 84):

  • Council acting by a qualified majority.

Rules on competition

Adopting appropriate regulations or directives to give effect to the principles set out in Articles 81 and 82 (Article 83, ex Article 87):

  • Commission proposal - European Parliament consulted - Council acting by a qualified majority.

Derogation whereby State aid that would normally be in breach of Community law is, in exceptional circumstances, considered to be compatible with the common market, :

  • Request by a Member State - Council acting unanimously.

Adopting appropriate regulations for the application of Articles 87 and 88 in respect of State aid (Article 89, ex Article 94):

  • Commission proposal - European Parliament consulted - Council acting by a qualified majority.

Tax provisions

Remissions and repayments for a limited period in respect of exports to other Member States(Article 92, ex Article 98):

  • Commission proposal - Council acting by a qualified majority.

Harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation (Article 93, ex Article 99):

  • Commission proposal - European Parliament and Economic and Social Committee consulted - Council acting unanimously.

Approximation of laws

Issuing directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the common market (Article 94, ex Article 100):

  • Commission proposal - European Parliament and Economic and Social Committee consulted - Council acting unanimously.

Establishment and functioning of the internal market (Article 95, ex Article 100A):

  • co-decision procedure with Economic and Social Committee consulted.

Special cases where distortion of competition needs to be eliminated (Article 96, ex Article 101):

  • Commission proposal - Council acting by a qualified majority.

Economic policy

Adopting recommendations setting out broad economic policy guidelines (Article 99(2), ex Article 103):

  • Commission recommendation - draft adopted by the Council acting by a qualified majority - report to European Council - conclusion of European Council - on basis of European Council conclusion, recommendation adopted by Council acting by qualified majority.

Recommendations to Member States acting inconsistently with the broad economic policy guidelines (Article 99(4), ex Article 103):

  • Commission recommendation - Council acting by a qualified majority.

Decision to make Council recommendations public (Article 99(4), ex Article 103):

  • Commission proposal - Council acting by a qualified majority.

Possibility of adopting detailed rules for the multilateral surveillance procedure in respect of economic policies (Article 99(5), ex Article 103):

  • cooperation procedure.

Appropriate measures in the event of severe difficulties arising in the supply of certain products (Article 100(1), ex Article 103 A):

  • Commission proposal - Council acting unanimously.

Community financial assistance for a Member State in difficulties caused by exceptional occurrences beyond its control (Article 100(2), ex Article 103 A):

  • Commission proposal - Council acting unanimously (qualified majority where the severe difficulties are cause by natural disasters).

Application of the prohibition on assuming commitments and providing overdraft facilities (Article 103, ex Article 104 B):

  • cooperation procedure.

Establishing the existence of an excessive deficit (Article 104(6), ex Article 104 C):

  • Commission recommendation - Council acting by a qualified majority.

Excessive deficit procedure (Article 104(7)-(9), (11) and (12), ex Article 104 C):

  • Commission recommendation - Council acting by a majority of two-thirds of the weighted votes of its members, excluding the votes of the representative of the Member State concerned..

Amending the Protocol on the excessive deficit procedure (Article 104(14), ex Article 104 C):

  • Commission proposal - European Parliament and European Central Bank consulted - Council acting unanimously.

Monetary policy

Decision conferring upon the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings (Article 105):

  • Commission proposal - European Central Bank consulted - assent of European Parliament - Council acting unanimously.

Measures to harmonise the denominations and technical specifications of all coins intended for circulation in the Community (Article 106, ex Article 105 A):

  • cooperation procedure with European Central Bank consulted.

Amending the Statute of the European System of Central Banks (ESCB) (Article 107(5), ex Article 106):

  • either: recommendation from European Central Bank - Commission consulted - assent of European Parliament - Council acting by a qualified majority;
  • or: Commission proposal - European Central Bank consulted - assent of European Parliament - Council acting unanimously.

Adoption of certain provisions referred to in the Statute of the European System of Central Banks (ESCB) (Article 107(6), ex Article 107):

  • either: Commission proposal - European Parliament and European Central Bank consulted - Council acting by a qualified majority;
  • or: recommendation from European Central Bank - Commission and European Parliament consulted - Council acting by a qualified majority.

Conclusion of formal agreements on an exchange-rate system for the euro in relation to non-Community currencies (Article 111(1), ex Article 109):

  • Commission or European Central Bank recommendation - Council acting unanimously.

Adopting, adjusting or abandoning the central rates of the euro (Article 111(1), ex Article 109):

  • either: recommendation from European Central Bank - Council acting by a qualified majority;
  • or: Commission recommendation - European Central Bank consulted - Council acting by a qualified majority.

Formulating general orientations in the absence of an exchange-rate system in relation to one or more non-Community currencies (Article 111(2), ex Article 109):

  • either: recommendation from European Central Bank - Council acting by a qualified majority;
  • or: Commission recommendation - European Central Bank consulted - Council acting by a qualified majority.

Arrangements for negotiating and concluding agreements concerning monetary or foreign exchange regime matters (Article 111(3), ex Article 109):

  • Commission recommendation - European Central Bank consulted - Council acting by a qualified majority.

Institutional provisions in the area of economic and monetary policy

Adopting detailed rules on the make-up of the Economic and Financial Committee (Article 114, ex Article 109 C):

  • Commission proposal - European Central Bank and Economic and Financial Committee consulted - Council acting by a qualified majority.

Transitional provisions in the area of economic and monetary policy

Ending derogations for Member States unable to adopt the single currency (Greece and Sweden) from the outset of the third phase (Article 122, ex Article 109 K):

  • Commission proposal- European Parliament consulted - Council, meeting in the composition of the Heads of State or Government, by qualified majority.

Adoption, on 1 January 1999 , of the conversion rates at which the national currencies shall be irrevocably fixed and at which irrevocably fixed rate the ECU shall be substituted for these currencies (Article 123, ex Article 109 L):

  • Commission proposal - European Central Bank consulted - Council acting with the unanimity of those Member States not subject to a derogation.

Employment

Drawing up guidelines for the Member States to take into account in their employment policies (Article 128(2)):

  • conclusions of European Council - Commission proposal - European Parliament, Economic and Social Committee, Committee of the Regions and Employment Committee consulted - Council acting by a qualified majority.

Recommendations to Member States concerning employment policy(Article 128(4)):

  • Commission recommendation - Council acting by a qualified majority.

Adoption of incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment (Article 129):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted.

Common commercial policy

Adopting directives to harmonise the systems for granting aid for exports to third countries (Article 132, ex Article 112):

  • Commission proposal - Council acting by a qualified majority.

Exercising the powers conferred on the Council under Article 133 (Article 133, ex Article 113):

  • Qualified majority.

Extending Article 133 to international negotiations and agreements on services and intellectual property (Article 133(5), ex Article 113):

  • Commission proposal - European Parliament consulted - Council acting unanimously.

Customs cooperation

Measures to strengthen customs cooperation between Member States and between the latter and the Commission (Article 135):

  • co-decision procedure

Social provisions

Adoption of directives laying down minimum requirements in the social field and measures designed to encourage cooperation between Member States (Article 137(2), ex Article 118):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted.

Adoption of measures concerning social security and social protection of workers, protection of workers where their employment contract is terminated, representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 6, conditions of employment for third-country nationals legally residing in Community territory and financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the Social Fund. (Article 137(3), ex Article 118):

  • Commission proposal - European Parliament, Economic and Social Committee and Committee of the Regions consulted - Council acting unanimously.

Decisions on implementing Community-level agreements between labour and management (Article 139(2), ex Article 118 B):

  • Commission proposal - Council acting by a qualified majority (unanimity where the decisions concerns one of the areas in Article 137(3)).

Adoption of measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (Article 141(3), ex Article 119):

  • co-decision procedure with Economic and Social Committee consulted.

Assigning to the Commission tasks in connection with the implementation of common measures, particularly as regards social security for the migrant workers (Article 144, ex Article 121):

  • Council acting unanimously after consultation of Economic and Social Committee.

European Social Fund

Adoption of implementing decisions relating to the European Social Fund (Article 148, ex Article 125):

  • co-decision procedure with Economic and Social Committee and the Committee of the Regions consulted .

Education, vocational training and youth

Adoption of incentive measures to contribute to the achievement of the Community's objectives in the field of education (Article 149(4), first indent, ex Article 126):

  • co-decision procedure with Economic and Social Committee and the Committee of the Regions consulted.

Adoption of recommendations to contribute to the achievement of the Community's objectives in the field of education (Article 149(4), second indent, ex Article 126):

  • Commission proposal - Council acting by a qualified majority.

Adoption of measures to contribute to the achievement of the Community's objectives in the field of vocational training (Article 150, ex Article 127):

  • co-decision procedure with Economic and Social Committee and the Committee of the Regions consulted.

Culture

Adoption of incentive measures to contribute to the achievement of the Community's objectives in the field of culture (Article 151(5), first indent, ex Article 128):

  • co-decision procedure with Committee of the Regions consulted (Council acting unanimously throughout procedure).

Adoption of recommendations to contribute to the achievement of the Community's objectives in the field of culture (Article 151(5), second indent, ex Article 128):

  • Commission proposal - Council acting unanimously.

Public health

Adoption of measures and incentive measures to contribute to the achievement of the Community's objectives in the field of public health (including the veterinary and plant health areas) (Article 152(4), ex Article 129):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted.

Adoption of recommendations to contribute to the achievement of the Community's objectives in the field of public health (Article 152, ex Article 129):

  • Commission proposal - Council acting by a qualified majority.

Consumer protection

Adoption of measures which support, supplement and monitor the policy pursued by the Member States (Article 153(4), ex Article 129 A):

  • co-decision procedure with Economic and Social Committee consulted.

Trans-European networks

Adoption of guidelines and measures to achieve the Community's objectives in the field of trans-European networks (Article 156, ex Article 129 D):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted (guidelines and projects of common interest which relate to the territory of a Member State require the approval of the Member State concerned).

Industry

Adoption of special measures to support action by the Member States to achieve the objectives of the Community and the Member States in the field of industry (Article 157, ex Article 130):

  • Commission proposal - European Parliament and Economic and Social Committee consulted - Council acting unanimously.

Economic and social cohesion

Specific action proving necessary outside the Funds (Article 159, ex Article 130 B):

  • Commission proposal - European Parliament, Economic and Social Committee and Committee of the Regions consulted - Council acting unanimously.

Defining the tasks, priority objectives and the organisation of the Structural Funds, as well as the general rules applicable to them and the provisions necessary to ensure their effectiveness and their coordination with one another and with the other existing financial instruments (Article 161, ex Article 130 D):

  • Commission proposal - assent of European Parliament - Economic and Social Committee and Committee of the Regions consulted - Council acting unanimously.

Implementing decisions relating to the European Regional Development Fund (Article 162, ex Article 130 E):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted.

Research and technological development

Adoption of multiannual framework programme (Article 166(1), ex Article 130 I):

  • co-decision procedure after Economic and Social Committee consulted (Council acting by qualified majority throughout procedure).

Adoption of specific programmes implementing the multiannual framework programme (Article 166(4), ex Article 130 I):

  • Commission proposal - European Parliament and Economic and Social Committee consulted - Council acting by a qualified majority.

Negotiation and conclusion of research and technological development agreements with third countries and international organisations (Article 170, ex Article 130 M):

  • Article 300 procedure (ex Article 228): Commission recommendations to Council - Council authorises Commission to open and conduct the necessary negotiations in conjunction with the special committees appointed by the Council and in line with directives fixed by the Council - agreement concluded by Council (by qualified majority or unanimously depending on procedure required for the adoption of internal rules).

Setting up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes (Article 172, first subparagraph, ex Article 130 O):

  • Commission proposal - European Parliament and Economic and Social Committee consulted - Council acting by a qualified majority.

Decisions on detailed rules implementing the multiannual framework programme and the rules applicable to the supplementary programmes (Article 172, second subparagraph, ex Article 130 O):

  • co-decision procedure with Economic and Social Committee consulted (adoption of supplementary programmes requires agreement of Member States concerned).

Environment

Negotiation and conclusion of agreements between the Community and third countries or international organisations (Article 174, ex Article 130 R):

  • Article 300 procedure (ex Article 228): Commission recommendations to Council - Council authorises Commission to open and conduct the necessary negotiations in conjunction with the special committees appointed by the Council and in line with directives fixed by the Council - agreement concluded by Council (by qualified majority or unanimously depending on procedure required for the adoption of internal rules).

Action to be taken to achieve the Community's environmental objectives (Article 175(1), ex Article 130 S):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted .

Adoption, by way of derogation from Article 175(1), of fiscal provisions, measures concerning town and country planning, land use, management of water resources and energy supply. (Article 175(2), first subparagraph, ex Article 130 S):

  • Commission proposal - European Parliament, Economic and Social Committee and Committee of the Regions consulted - Council acting unanimously.

Definition of matters referred to in Article 175(2), where decisions must be taken by qualified majority (Article 175(2), second subparagraph, ex Article 130 S):

  • Commission proposal - European Parliament, Economic and Social Committee and Committee of the Regions consulted - Council acting unanimously.

Adoption of general action programmes setting out priority objectives to be attained (Article 175(3), ex Article 130 S):

  • co-decision procedure with Economic and Social Committee and Committee of the Regions consulted.

Implementation of action programmes referred to in Article 175(3) (Article 175(4), ex Article 130 S):

  • as appropriate, either: co-decision procedure with Economic and Social Committee and Committee of the Regions consulted ;
  • or: Commission proposal - European Parliament, Economic and Social Committee and Committee of the Regions consulted, - Council acting unanimously.

Development cooperation

Measures necessary to further the Community's development cooperation objectives (such as multiannual programmes) (Article 179, ex Article 130 W):

  • co-decision procedure.

Negotiation and conclusion of agreements between the Community and third countries or international organisations (Article 181, ex Article 130 Y):

  • Article 300 procedure (ex Article 228): Commission recommendations to Council - Council authorises Commission to open and conduct the necessary negotiations in conjunction with the special committees appointed by the Council and in line with directives fixed by the Council - agreement concluded by Council (by qualified majority or unanimously depending on procedure required for the adoption of internal rules).

Association of the overseas countries and territories

Establishing provisions on the detailed rules and procedure for the association of the overseas countries and territories of the Community (Article 187, ex Article 136):

  • Council acting unanimously.

Institutional provisions (list not exhaustive)

Establishing a uniform procedure for elections by direct universal suffrage to the European Parliament (Article 190(4), ex Article 138):

  • Council acting unanimously after obtaining assent of European Parliament acting by a majority of its component members - ratification by Member States in accordance with their respective constitutional requirements.

Establishing principles and rules governing executive powers conferred by the Council (Article 202, ex Article 145):

  • Commission proposal - European Parliament consulted - Council acting unanimously.

Fixing the order in which the Member States are to hold the Presidency of the Council (Article 203, second subparagraph, ex Article 146):

  • Council acting unanimously.

Financial provisions (list not exhaustive)

Laying down provisions relating to the system of own resources of the Community (Article 269, ex Article 201):

  • Commission proposal - European Parliament consulted - Council acting unanimously - ratification by Member States in accordance with their respective constitutional requirements.

Adoption of Community budget (Article 272, ex Article 203):

  • Preliminary draft budget submitted to Council by Commission by 1 September - draft budget adopted by Council acting by a qualified majority and placed before European Parliament by 5 October - within 45 days, the European Parliament may amend the draft budget in the case of non-compulsory expenditure or propose modifications in the case of compulsory expenditure - draft budget altered in line with the amendments and modifications accepted or rejected by the Council acting by qualified majority, and then placed before the European Parliament - the European Parliament may, within fifteen days and acting by a majority of its Members and three-fifths of the votes cast, amend or reject the modifications to its amendments (non-compulsory expenditure) made by the Council and adopt the budget accordingly; alternatively the European Parliament, acting by a majority of its Members and two-thirds of the votes cast, may reject the draft budget and ask for a new draft to be submitted to it - the President of the European Parliament declares that the budget has been finally adopted.

Adopting the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Community with a view to affording effective and equivalent protection in the Member States (without prejudice to the application of national criminal law or the national administration of justice.) (Article 280(4), ex Article 209 A):

  • co-decision procedure with Court of Auditors consulted.

General and final provisions (list not exhaustive)

Laying down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of those Communities (Article 283, ex Article 212):

  • Commission proposal - institutions concerned consulted - Council acting by a qualified majority.

Making changes to the list of products connected with the production of or trade in arms, munitions and war material (Article 296, ex Article 223):

  • Commission proposal - Council acting unanimously.

Adoption of special measures fixing the conditions for applying the Treaty establishing the European Community to the outermost regions (Article 299(2), ex Article 227):

  • Commission proposal - European Parliament consulted - Council acting by a qualified majority.

Adopting the necessary urgent measures where a common position or a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy provides for action to interrupt or to reduce economic relations with one or more third countries (Article 301, ex Article 228 A):

  • Commission proposal - Council acting by a qualified majority.
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