DER 19.-20/6 Thessaloniki vedrørende aftale om bedre lovgivning
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Medlemmerne
af
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og
deres
stedfortrædereBilagJournalnummerKontor1400.C.2-0EU-sekr.17. juni 2003
Til
underretning for Folketingets Europaudvalg vedlægges i forbindelse med Det
Europæiske Råd i Thessaloniki den 19.-20. juni 2003 formandskabets note
vedrørende interinstitutionel aftale om bedre lovgivning, 10212/03.
COUNCIL OF THE EUROPEAN UNIONBrussels, 5 June 2003
(13.06) (OR.
fr)10212/03 INST 118 MI 134 POLGEN 42 JUR 245
NOTE
from :Presidencyto :Members States delegationsNo. prev. doc. :9530/1/03 REV
1Subject
:Draft interinstitutional agreement on better law-making
Delegations will find attached the text
(the French version of which was the
basis for
negotiation) of the draft
interinstitutional agreement on better law-making,
on which
political agreement was reached
at the meeting between the President
of the Council, Mr
GIANNITSIS, Commission
Vice-President Ms Loyola de PALACIO DEL VALLE-
LERSUNDI and the
Members of the European Parliament mandated
to represent their
institution, Mr GARGANI, Mr SWOBODA
and Ms FRASSONI in Strasbourg on 3 June
2003.
This text
will be presented as a "I/A" item
to the Permanent Representatives Committee
(Part 2)/Council at a forthcoming meeting
so that, in accordance with the
Presidency
conclusions of the Brussels
European Council meeting on 20 and 21
March 2003, the
Thessaloniki European Council can confirm
that the negotiations have been completed.
The agreement will
be adopted formally only after it has
been revised by the three
institutions'
legal and linguistic experts, and it
will be signed only when the internal
procedures of each of the three institutions concerned have been completed.
______________
ANNEX
3 June 2003
DRAFT
INTERINSTITUTIONAL AGREEMENT
ON BETTER LAW-MAKING
(following the
interinstitutional policy meeting of 3 June 2003)
Having regard to the
treaties and, in particular, Article 5 of the EC Treaty and the Protocol
on
the application of the principles of subsidiarity and proportionality,
Having regard to the Declarations annexed
to the Maastricht Final ct: No 18
on the
estimated costs under Commission proposals and No 19 on
the implementation of
Community law,
Having regard to the
Interinstitutional Agreements of 25 October 1993 on the procedures
for
implementing the principle of subsidiarity,
of 20 December 1994 on the accelerated
working method for the official codification
of legislative texts, of 22 December
1998 on
common guidelines for the quality of drafting of
Community legislation and of 28
November 2001 on a more structured use of
the recasting technique for legal acts,
Having noted the conclusions of the
21 and 22 June 2002 Seville and 20 and 21 March 2003
Brussels European
Council meetings;
Emphasising that this agreement
is concluded without prejudice to the
outcome of the
Intergovernmental Conference to be held
subsequent to the Convention on the Future of
Europe;
Common
commitments and objectives
1. The European Parliament,
the Council of the European Union and
the European
Commission jointly agree to
improve the quality of law-making by
means of a series of
initiatives and
procedures set out in this interinstitutional agreement.
2. The
institutions agree, in exercising the powers and following the procedures laid
down in
the Treaty, and in recalling the importance which they attach to
the Community method, to
abide by general principles such as democratic
legitimacy, the principles of subsidiarity and
proportionality, the
principle of legal certainty, the promotion
of simplicity, clarity and
consistency in
the drafting of law and the utmost
transparency of the legislative process.
They
call on the Member States to ensure
proper, speedy transposition into national
law
within the time limits laid down in Community law, pursuant to
the Stockholm, Barcelona
and Seville European Council presidency
conclusions.
Better coordination of the legislative process
3.
The institutions agree to ensure that
general coordination of their legislative
activity is
improved, as an essential foundation to better
law-making within the European Union.
4. The three
institutions agree to improve the
coordination of their preparatory and
legislative work in the context of the codecision procedure, and to publicise
it in appropriate
fashion.
The Council will notify
the European Parliament in good time
of the draft multiannual
strategic programme which
it recommends for adoption by the European Council. The three
institutions
will forward to one another their respective annual legislative timetables with
a
view to agreeing on common annual programming.
In particular,
Parliament and the Council will seek to establish, for each legislative
proposal,
an indicative timetable for the various stages leading to the
final adoption of that proposal.
To the extent that
multiannual programming has an interinstitutional
impact, the three
institutions will initiate cooperation
through appropriate channels.
As far as possible the Commission's annual
work programme will contain guidance on the
choice of legislative
instrument and proposed legal base of each measure to be put forward.
5. The three institutions will, in the interests of efficiency, ensure as
far as possible that there
is better synchronisation of the treatment of
common dossiers by the preparatory bodies of
each branch of the legislative
authority (European Parliament committee, working party and
Permanent
Representatives' Committee at the Council).
6. Throughout the legislative
process the three institutions will keep each other permanently
informed
about their work. This information will
be based on appropriate procedures,
including
dialogue between the European Parliament's
committees and plenary and the
Council
Presidency and the Commission.
7. The Commission will
report annually on the state of play
of its legislative
proposals. [to be inserted elsewhere
in the text]
8. The European Commission will ensure that, as a general
rule, Commissioners are present
for discussions at
European Parliament committee meetings and
plenary sittings on draft
legislation for which
they are responsible.
The Council agrees to continue the practice of
maintaining intensive contact with Parliament
by means of
regular attendance at plenary debates, as
far as possible by the ministers
concerned. The Council will also endeavour to participate regularly in the work
of
Parliament's committees and in other
meetings, preferably at ministerial level or
at some
other appropriate level.
9. The Commission will
take account of requests made by the European Parliament
or the Council, on
the basis respectively of Articles 192 or 208 of the EC Treaty, for
the
submission of legislative proposals. It will respond rapidly and
appropriately to
the relevant European Parliament
committees and to the Council's preparatory
bodies.
Greater transparency and accessibility
10. The three
institutions confirm the importance which they attach to greater transparency
and to the increased provision of information to the public at every stage
of their legislative
work, whilst taking into account their rules of
procedure. They will ensure in particular that
public debates at political
level are broadcast as widely as possible through the systematic use
of new
communication technologies such as, inter alia, satellite retransmission and
Internet
video streaming. They will also ensure that the public has greater
access to EUR-Lex.
11. The three institutions
will hold a joint press conference to
announce the successful
outcome of the
legislative process in codecision cases,
once a proposal has been finally
adopted, whether after first reading, second reading or conciliation.
Choice of legislative instrument and legal base
12. The Commission will
explain and justify to the European Parliament and the Council the
reasons
for its choice of legislative instrument, if possible in the context of its
annual work
programme or regular dialogue procedures and, in any event, in
the explanatory memoranda
of its initiatives. It will consider any request
in this connection from the legislative authority
and it will take account
of the results of any consultations which it has undertaken before
tabling
its proposals.
It will ensure that the
action it proposes is as simple as
is compatible with the proper
realisation of
the objective of the measure and the need for effective implementation.
13. The three institutions recall the definition of the term ‘directive'
(Article 249 of the EC
Treaty)
and the relevant provisions of
the Protocol on the application of the principles of
subsidiarity and
proportionality annexed under the Treaty of Amsterdam to the EU and EC
Treaties. In its proposals for directives the Commission will have regard to
the need for a
proper balance to be struck between general principles and
detailed provisions, in a way that
avoids excessive use of Community
implementing measures.
14. The Commission will provide a clear and
comprehensive justification for the legal basis
envisaged for any
individual proposal, indicating it if possible when its annual legislative and
work programme is being considered. In the event of a change in the legal
base after any
Commission proposal has been
presented, Parliament will be duly
reconsulted by the
institution concerned in
full compliance with the case-law of
the Court of Justice of the
European
Communities.
15. In the explanatory memoranda to its proposals the
Commission will, in all cases, set out
the legal arrangements which
currently exist at EC level in the area affected by the proposal.
The
Commission will also explain in its explanatory memoranda how measures proposed
are
justified from the point of view of
the subsidiarity and proportionality principles.
The
Commission will also account for the scope and the results of the
prior consultation and the
impact analyses it has undertaken.
Use of
alternative modes of regulation
16. The three
institutions recall the Community's obligation
to legislate only where it is
necessary, in accordance with the Protocol on the application of the principles
of subsidiarity
and proportionality annexed under the Treaty of Amsterdam
to the EU and the EC Treaties.
They recognise the need to use, in suitable
cases and where the Treaty does not specifically
require the use of a legal
instrument, alternative regulation mechanisms.
17. The
Commission will ensure that any use of
co-regulation or self-regulation is always
consistent with EC law and that it
meets the criteria of transparency (in
particular the
publicising of agreements) and
the representativeness of the parties involved. It must also
represent value added for the general
interest. These mechanisms will not be
applicable
where fundamental rights or
important
political options are at stake, or in situations where the rules have to be
applied in
a uniform fashion in all Member States. They must ensure swift
and flexible regulation which
does not affect the principles of competition
or the unity of the internal market.