92001E2610

WRITTEN QUESTION P-2610/01

by Christopher Huhne (ELDR) to the Council

(20 September 2001)

Subject: Council procedures

Will the Council please describe the procedures used in deciding upon amendments to Commission draft directives and regulations, including provisions for votes if any?

Reply

(10 December 2001)

The Council would remind the Honourable Member that the general rule in this matter is contained in Article 205(1) of the EC Treaty, which provides: Save as otherwise provided in this Treaty, the Council shall act by a majority of its members. This implies that other provisions of the Treaty and this is particularly the case with provisions that confer a power of action on the Council may specify another voting rule in accordance with which the Council must act.

As to the voting rules that apply when the Council decides on amendments made by the European Parliament at its first and second readings of a proposed legislative act in the course of the co-decision procedure, these are laid down in Article 251 of the EC Treaty.

For the cooperation procedure the relevant article is Article 252 of the EC Treaty.

As to the voting rules applicable in the Council with regard to amendments suggested by the European Parliament in an Opinion delivered during a consultation procedure, the Council takes its decisions in accordance with the voting rule specified by the legal basis of the act concerned, it being understood that in the context of the EC Treaty the Council cannot amend the Commission proposal against the Commission's wishes except on the basis of unanimity (Article 250(1) of the EC Treaty).

Voting arrangements and matters relating to the quorum and the representation of a member of the Council are dealt with Articles 4 and 11 of the Council's Rules of Procedure; the arrangements concerning the written procedure are set out in Article 12.