In the context of Article 204 TEC (Article 237 TFEU) and based on the programming, the Council’s Rules of Procedure foresaw the establishment of indicative provisional agendas by the incoming Council Presidency for the next six months. When a Council meeting approaches, a provisional agenda is drawn up and communicated to the members of the Council, together with the relevant documents.
The main rule is that the provisional agenda and the relevant documents are sent to the governments at least 14 days before the Council meeting, as provided for in Article 3(1) and (2) of the Council’s Rules of Procedure.
***
A longer period of 21 days is envisioned, when the documents relate to:
• Visas, asylum, immigration and other policies related to free movement of persons (TEC Title IV of Part 3)
• Police and judicial cooperation in criminal matters (TEU Title VI).
This is what footnote (1), statement (b), says:
(b) Re Article 3(1) and (2)
“The President will endeavour to ensure that, in principle, the provisional agenda for each meeting of the Council dealing with implementation of Title IV of Part 3 of the EC Treaty and Title VI of the EU Treaty and any documents relating to the items involved reach members of the Council at least 21 days before the beginning of the meeting.”
***
Article 3(1) and (2) Council’s Rules of Procedure
Article 3
Agenda
1. Taking into account the Council's 18-month programme, the President shall draw up the provisional agenda for each meeting. The agenda shall be sent to the other members of the Council and to the Commission at least 14 days before the beginning of the meeting.
2. The provisional agenda shall contain the items in respect of which a request for inclusion on the agenda, together with any documents relating thereto, has been received by the General Secretariat from a member of the Council or from the Commission at least 16 days before the beginning of that meeting. The provisional agenda shall also indicate by way of an asterisk the items on which the Presidency, a member of the Council or the Commission may request a vote. Such an indication shall be made once all the procedural requirements provided for by the Treaties have been complied with.
-----
***
In most cases the member states’ representations at the Council and the governments back home are familiar with the upcoming issues, but the strict rules are meant to pre-empt surprises.
Some exceptions are foreseen, as shown by footnote 1 with statement (c) to Article 3:
(c) Re Articles 1 and 3
“Without prejudice to Article 22(2) of the EU Treaty, which specifies that an extraordinary Council meeting may be convened at very short notice in cases requiring a rapid decision, the Council is aware of the need for matters relating to the common foreign and security policy to be dealt with swiftly and efficiently. The arrangements in Article 3 shall not prevent this need from being met.”
Ralf Grahn
Showing posts with label 204 TEC. Show all posts
Showing posts with label 204 TEC. Show all posts
Tuesday, 26 May 2009
Monday, 25 May 2009
European Union: Council meetings (IV) Indicative provisional agendas
In the context of Article 204 TEC (Article 237 TFEU) and based on the programming, the Council’s Rules of Procedure foresee the establishment of indicative provisional agendas by the incoming Council Presidency for the next six months.
Article 2(5)
5. The incoming Presidency shall establish indicative provisional agendas for Council meetings scheduled for the next six-month period, showing the legislative work and operational decisions envisaged. These indicative provisional agendas shall be established at the latest one week before the beginning of its term of office, on the basis of the Council's 18-month programme and after consulting the Commission. Where necessary, extra Council meetings may be provided for, in addition to those previously planned.
Similar indicative provisional agendas for Council meetings scheduled for the six-month period following that referred to in the first subparagraph shall be established by the Presidency concerned, after consulting the Commission and the next Presidency, at the latest one week before the beginning of its term of office.
If during a six-month period any of the meetings planned during that period proves to be no longer warranted, the Presidency shall not convene it.
***
Although the Council’s Rules of Procedure offer possibilities for exceptional circumstances and emergencies, we can see that the backbone is fairly rigid. The main themes are usually known well in advance.
In practice, different Council formations (configurations) often meet on almost the exact days of their meetings during the preceding year.
Various committees, Coreper and governments’ internal coordination, as well as parliamentary scrutiny, work within an established framework with general timetables known well in advance.
But the agenda becomes more precise closer to the meeting.
Ralf Grahn
Article 2(5)
5. The incoming Presidency shall establish indicative provisional agendas for Council meetings scheduled for the next six-month period, showing the legislative work and operational decisions envisaged. These indicative provisional agendas shall be established at the latest one week before the beginning of its term of office, on the basis of the Council's 18-month programme and after consulting the Commission. Where necessary, extra Council meetings may be provided for, in addition to those previously planned.
Similar indicative provisional agendas for Council meetings scheduled for the six-month period following that referred to in the first subparagraph shall be established by the Presidency concerned, after consulting the Commission and the next Presidency, at the latest one week before the beginning of its term of office.
If during a six-month period any of the meetings planned during that period proves to be no longer warranted, the Presidency shall not convene it.
***
Although the Council’s Rules of Procedure offer possibilities for exceptional circumstances and emergencies, we can see that the backbone is fairly rigid. The main themes are usually known well in advance.
In practice, different Council formations (configurations) often meet on almost the exact days of their meetings during the preceding year.
Various committees, Coreper and governments’ internal coordination, as well as parliamentary scrutiny, work within an established framework with general timetables known well in advance.
But the agenda becomes more precise closer to the meeting.
Ralf Grahn
European Union: Council meetings (III) Programming
Formally, the Council of the European Union is convened by its President in accordance with Article 204 of the Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, published OJEU 29.12.2006 C 321 E/136.
Under the Treaty of Lisbon, the corresponding provision would be Article 237 of the Treaty on the Functioning of the European Union (TFEU), published in the consolidated version of the Lisbon Treaty OJEU 9.5.2008 C 115/153.
***
Council’s Rules of Procedure
The treaty provisions are complemented by the Council’s Rules of Procedure.
Originally published OJEU 16.10.2006 L 285/47, the latest consolidated version of Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure is of 1 January 2009.
Draft Presidency programme
Article 2(4) of the Council’s Rules of Procedure strives to enhance continuity in the work of the Council, despite the rotating six months presidencies, by establishing a joint presidency programme for the trio during 18 months:
“4. Every 18 months, the three Presidencies due to hold office shall prepare, in close cooperation with the Commission, and after appropriate consultations, a draft programme of Council activities for that period. The three Presidencies shall jointly submit the draft programme no later than one month before the relevant period, with a view to its endorsement by the General Affairs and External Relations Council, convened in a meeting as referred to in paragraph 2(a).”
The provision has been given further precisions by the following statement, added as a footnote:
(1) See statement (a) set out below:
(a) Concerning Article 2(4):
“The 18-month programme will include a general introductory section setting the programme in the context of the European Union's longer term strategic orientations. On this section, the three Presidencies in charge of preparing the draft 18-month programme will consult with the three subsequent Presidencies, as part of the “appropriate consultations” referred to in the first sentence of paragraph 4.
The draft 18-month programme should also have regard, inter alia, to relevant points arising from the dialogue on the political priorities for the year, conducted at the Commission's initiative.”
***
Presidency trio
Presidency troika meetings have taken place for a long time, but the practice to institute Presidency trios with a joint 18 month programme started in 2007. It is one example of how the workings of the EU institutions can be at least marginally improved without treaty change.
The first Presidency trio consisted of Germany, Portugal and Slovenia.
The ongoing second trio comprises France, the Czech Republic (until 30 June 2009) and Sweden (from 1 July 2009).
Spain, Belgium and Hungary with form the third Presidency trio, from the beginning of 2010.
Source: Wikipedia: Presidency of the Council of the European Union (latest update 20 May 2009).
The trio programme forms the basis for the work programme of each Council Presidency and the meeting calendar.
Ralf Grahn
Under the Treaty of Lisbon, the corresponding provision would be Article 237 of the Treaty on the Functioning of the European Union (TFEU), published in the consolidated version of the Lisbon Treaty OJEU 9.5.2008 C 115/153.
***
Council’s Rules of Procedure
The treaty provisions are complemented by the Council’s Rules of Procedure.
Originally published OJEU 16.10.2006 L 285/47, the latest consolidated version of Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure is of 1 January 2009.
Draft Presidency programme
Article 2(4) of the Council’s Rules of Procedure strives to enhance continuity in the work of the Council, despite the rotating six months presidencies, by establishing a joint presidency programme for the trio during 18 months:
“4. Every 18 months, the three Presidencies due to hold office shall prepare, in close cooperation with the Commission, and after appropriate consultations, a draft programme of Council activities for that period. The three Presidencies shall jointly submit the draft programme no later than one month before the relevant period, with a view to its endorsement by the General Affairs and External Relations Council, convened in a meeting as referred to in paragraph 2(a).”
The provision has been given further precisions by the following statement, added as a footnote:
(1) See statement (a) set out below:
(a) Concerning Article 2(4):
“The 18-month programme will include a general introductory section setting the programme in the context of the European Union's longer term strategic orientations. On this section, the three Presidencies in charge of preparing the draft 18-month programme will consult with the three subsequent Presidencies, as part of the “appropriate consultations” referred to in the first sentence of paragraph 4.
The draft 18-month programme should also have regard, inter alia, to relevant points arising from the dialogue on the political priorities for the year, conducted at the Commission's initiative.”
***
Presidency trio
Presidency troika meetings have taken place for a long time, but the practice to institute Presidency trios with a joint 18 month programme started in 2007. It is one example of how the workings of the EU institutions can be at least marginally improved without treaty change.
The first Presidency trio consisted of Germany, Portugal and Slovenia.
The ongoing second trio comprises France, the Czech Republic (until 30 June 2009) and Sweden (from 1 July 2009).
Spain, Belgium and Hungary with form the third Presidency trio, from the beginning of 2010.
Source: Wikipedia: Presidency of the Council of the European Union (latest update 20 May 2009).
The trio programme forms the basis for the work programme of each Council Presidency and the meeting calendar.
Ralf Grahn
European Union: Council meetings (II) Venues
Formally, the Council of the European Union is convened by its President in accordance with Article 204 of the Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, published OJEU 29.12.2006 C 321 E/136.
Under the Treaty of Lisbon, the corresponding provision would be Article 237 of the Treaty on the Functioning of the European Union (TFEU), published in the consolidated version of the Lisbon Treaty OJEU 9.5.2008 C 115/153.
***
Venues
Just as the member states have fixed the seat of the European Parliament and twelve monthly sessions, including the budget session, in Strasbourg, they have ordained the seat of the Council and the venues of its meetings at treaty level.
In the Lisbon Treaty it is Protocol (No 6) on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union. Point (b) of the Sole Article says:
“The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its meetings in Luxembourg.”
***
Council’s Rules of Procedure
Originally published OJEU 16.10.2006 L 285/47, the latest consolidated version of Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure is of 1 January 2009.
Article 1 of the Council’s Rules of Procedure reiterates the treaty level provisions, but it also gives an indication of the advance programming of Council meetings and offers the possibility to hold meetings outside Brussels or Luxembourg:
Article 1
Notice and venue of meetings
1. The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.
2. Seven months before the beginning of its term of office, after consulting the Presidencies preceding and following its term of office where appropriate, the Presidency shall make known the dates which it envisages for meetings that the Council will have to hold in order to complete its legislative work or take operational decisions.
3. The Council shall have its seat in Brussels. During the months of April, June and October the Council shall hold its meetings in Luxembourg.
In exceptional circumstances and for duly substantiated reasons, the Council or the Committee of Permanent Representatives (hereinafter referred to as Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere.
***
Meeting calendar
The upcoming Swedish EU Council Presidency has published a meeting calendar for the second half of 2009 (latest update 3 April 2009).
***
Informal Council meetings
The Council makes legislative and other decisions at its formal meetings, but in addition the Ministers regularly take part in informal meetings. These are often arranged in the country holding the rotating Council Presidency.
The upcoming Swedish EU Council Presidency has published a separate list of the informal Council meetings planned for the second half of 2009.
In addition, various international meetings, other meetings and conferences are arranged during a Council Presidency.
Ralf Grahn
Under the Treaty of Lisbon, the corresponding provision would be Article 237 of the Treaty on the Functioning of the European Union (TFEU), published in the consolidated version of the Lisbon Treaty OJEU 9.5.2008 C 115/153.
***
Venues
Just as the member states have fixed the seat of the European Parliament and twelve monthly sessions, including the budget session, in Strasbourg, they have ordained the seat of the Council and the venues of its meetings at treaty level.
In the Lisbon Treaty it is Protocol (No 6) on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union. Point (b) of the Sole Article says:
“The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its meetings in Luxembourg.”
***
Council’s Rules of Procedure
Originally published OJEU 16.10.2006 L 285/47, the latest consolidated version of Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure is of 1 January 2009.
Article 1 of the Council’s Rules of Procedure reiterates the treaty level provisions, but it also gives an indication of the advance programming of Council meetings and offers the possibility to hold meetings outside Brussels or Luxembourg:
Article 1
Notice and venue of meetings
1. The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.
2. Seven months before the beginning of its term of office, after consulting the Presidencies preceding and following its term of office where appropriate, the Presidency shall make known the dates which it envisages for meetings that the Council will have to hold in order to complete its legislative work or take operational decisions.
3. The Council shall have its seat in Brussels. During the months of April, June and October the Council shall hold its meetings in Luxembourg.
In exceptional circumstances and for duly substantiated reasons, the Council or the Committee of Permanent Representatives (hereinafter referred to as Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere.
***
Meeting calendar
The upcoming Swedish EU Council Presidency has published a meeting calendar for the second half of 2009 (latest update 3 April 2009).
***
Informal Council meetings
The Council makes legislative and other decisions at its formal meetings, but in addition the Ministers regularly take part in informal meetings. These are often arranged in the country holding the rotating Council Presidency.
The upcoming Swedish EU Council Presidency has published a separate list of the informal Council meetings planned for the second half of 2009.
In addition, various international meetings, other meetings and conferences are arranged during a Council Presidency.
Ralf Grahn
Tuesday, 12 May 2009
European Union: Council meetings (I)
In a European Union based on member states, the European Council consisting of heads of state or government and the Council consisting of ministers form the decisive tandem.
When intergovernmental dealing leads nowhere, they can always accuse a weakened Commission of weakness in guarding the common interest.
***
Council meetings
The existing Treaty establishing the European Community (TEC) has a short and quite formal provision on Council meetings. The President is the responsible government minister of the member state holding the rotating Council presidency.
He can act of his own accord or on the request of a member state. or the Commission (the latest consolidated version of the treaties, published OJEU 29.12.2006 C 321 E/136):
Article 204 TEC
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Original Lisbon Treaty
In the original Treaty of Lisbon (ToL), point 190 repealed Articles 202 and 203, and point 191 concerned amendments to Article 205 TEC.
In other words, no specific amendments were made to Article 204 TEC (OJEU 17.12.2007 C 306/104).
***
Consolidated Lisbon Treaty
After renumbering the provision became Article 237 of the Treaty on the Functioning of the European Union in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/153):
SECTION 3
THE COUNCIL
Article 237 TFEU
(ex Article 204 TEC)
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Structural differences
The wording is the same in the current and the Lisbon Treaty, but one notable difference is introduced by the Lisbon Treaty concerning the President. The Foreign Affairs Council (FAC) will be chaired by the double-hatted High Representative, while the rotating Council presidency continues to chair the other Council configurations.
We take one step backwards, to remind us of the main differences between the treaties.
In the current TEC, the tasks of the Council are described in an incomplete manner.
The Treaty of Lisbon locates the main institutional provisions in the amended TEU. The Council’s tasks, composition, qualified majorities, main configurations, Coreper, meetings in public and Presidency are at least mentioned in Article 16 of the amended Treaty on European Union. (We have discussed various aspects in previous posts.)
The Lisbon Treaty is more readable for the general reader. More technical provisions are located in the TFEU, although both treaties are equally binding.
***
Meetings are important enough to merit further presentation. We will look at details in a later blog post.
Ralf Grahn
When intergovernmental dealing leads nowhere, they can always accuse a weakened Commission of weakness in guarding the common interest.
***
Council meetings
The existing Treaty establishing the European Community (TEC) has a short and quite formal provision on Council meetings. The President is the responsible government minister of the member state holding the rotating Council presidency.
He can act of his own accord or on the request of a member state. or the Commission (the latest consolidated version of the treaties, published OJEU 29.12.2006 C 321 E/136):
Article 204 TEC
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Original Lisbon Treaty
In the original Treaty of Lisbon (ToL), point 190 repealed Articles 202 and 203, and point 191 concerned amendments to Article 205 TEC.
In other words, no specific amendments were made to Article 204 TEC (OJEU 17.12.2007 C 306/104).
***
Consolidated Lisbon Treaty
After renumbering the provision became Article 237 of the Treaty on the Functioning of the European Union in the consolidated version of the Lisbon Treaty (OJEU 9.5.2008 C 115/153):
SECTION 3
THE COUNCIL
Article 237 TFEU
(ex Article 204 TEC)
The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission.
***
Structural differences
The wording is the same in the current and the Lisbon Treaty, but one notable difference is introduced by the Lisbon Treaty concerning the President. The Foreign Affairs Council (FAC) will be chaired by the double-hatted High Representative, while the rotating Council presidency continues to chair the other Council configurations.
We take one step backwards, to remind us of the main differences between the treaties.
In the current TEC, the tasks of the Council are described in an incomplete manner.
The Treaty of Lisbon locates the main institutional provisions in the amended TEU. The Council’s tasks, composition, qualified majorities, main configurations, Coreper, meetings in public and Presidency are at least mentioned in Article 16 of the amended Treaty on European Union. (We have discussed various aspects in previous posts.)
The Lisbon Treaty is more readable for the general reader. More technical provisions are located in the TFEU, although both treaties are equally binding.
***
Meetings are important enough to merit further presentation. We will look at details in a later blog post.
Ralf Grahn
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