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Document 02009D0937-20220101
Council Decision of 1 December 2009 adopting the Council's Rules of Procedure (2009/937/EU)
Consolidated text: Council Decision of 1 December 2009 adopting the Council's Rules of Procedure (2009/937/EU)
Council Decision of 1 December 2009 adopting the Council's Rules of Procedure (2009/937/EU)
02009D0937 — EN — 01.01.2022 — 015.001
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COUNCIL DECISION of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325 11.12.2009, p. 35) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 263 |
12 |
6.10.2010 |
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L 338 |
47 |
22.12.2010 |
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L 346 |
17 |
30.12.2011 |
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L 16 |
16 |
19.1.2013 |
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L 183 |
11 |
2.7.2013 |
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L 333 |
77 |
12.12.2013 |
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L 289 |
18 |
3.10.2014 |
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L 358 |
25 |
13.12.2014 |
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L 332 |
133 |
18.12.2015 |
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L 348 |
27 |
21.12.2016 |
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COUNCIL DECISION (EU, Euratom) 2017/2461 of 12 December 2017 |
L 348 |
36 |
29.12.2017 |
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COUNCIL DECISION (EU, Euratom) 2018/2076 of 20 December 2018 |
L 331 |
218 |
28.12.2018 |
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COUNCIL DECISION (EU, Euratom) 2019/2209 of 16 December 2019 |
L 332 |
152 |
23.12.2019 |
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COUNCIL DECISION (EU, Euratom) 2020/2030 of 10 December 2020 |
L 419 |
24 |
11.12.2020 |
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COUNCIL DECISION (EU, Euratom) 2021/2320 of 22 December 2021 |
L 462 |
17 |
28.12.2021 |
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Corrected by:
COUNCIL DECISION
of 1 December 2009
adopting the Council's Rules of Procedure
(2009/937/EU)
Article 1
The Council's Rules of Procedure of 15 September 2006 shall be replaced by the provisions in the Annex.
By derogation from Article 2(2) of Annex III to the Council's Rules of Procedure, the population figures which are inserted by this Decision in Article 1 of that Annex shall apply for the period from 1 December 2009 to 31 December 2010.
Article 2
In accordance with the Protocol on the role of national Parliaments in the European Union, Article 3(3) of the Council's Rules of Procedure as adopted by this Decision shall apply to draft legislative acts adopted and forwarded as from the day on which the Treaty of Lisbon comes into force.
Article 3
This Decision shall take effect of the day of its adoption.
It shall be published in the Official Journal of the European Union.
ANNEX
RULES OF PROCEDURE OF THE COUNCIL
Article 1
General provisions, notice and venue of meetings
In exceptional circumstances and for duly substantiated reasons, the Council or the Committee of Permanent Representatives of the governments of the Member States (hereinafter referred to as Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere.
Each member of the group shall in turn chair for a six-month period all configurations of the Council, with the exception of the Foreign Affairs configuration. The other members of the group shall assist the Chair in all its responsibilities on the basis of a common programme. The members of the team may decide alternative arrangements among themselves.
Unless otherwise specified, references in these Rules of Procedure to the Presidency or the President shall apply to any person chairing one of the Council configurations or, as appropriate, one of its preparatory bodies.
Article 2
Configurations of the Council, role of the General Affairs configuration and the Foreign Affairs configuration and programming
The arrangements for the preparation of European Council meetings are provided for in Article 3 of the Rules of Procedure of the European Council, as follows:
In order to ensure the preparation provided for in Article 2(2) of the Rules of Procedure of the European Council, at least four weeks before each ordinary meeting of the European Council as referred to in Article 1(1) of the Rules of Procedure of the European Council, the President of the European Council, in close cooperation with the member of the European Council representing the Member State holding the six-monthly Presidency of the Council and with the President of the Commission, shall submit an annotated draft agenda to the General Affairs Council.
Contributions to the proceedings of the European Council by other Council configurations shall be forwarded to the General Affairs Council at the latest two weeks before the meeting of the European Council.
The President of the European Council, in close cooperation as referred to in the first subparagraph, shall prepare draft guidelines for the European Council conclusions and, as appropriate, draft conclusions and draft decisions of the European Council, which shall be discussed in the General Affairs Council.
A final meeting of the General Affairs Council shall be held within the five days preceding the meeting of the European Council. In the light of that final discussion, the President of the European Council shall draw up the provisional agenda.
Except for imperative and unforeseeable reasons linked, for example, to current international events, no other configuration of the Council or preparatory body may, between the session of the General Affairs Council at the end of which the provisional agenda for the European Council is drawn up and the European Council meeting, discuss any subject submitted to the European Council.
The European Council shall adopt its agenda at the beginning of its meeting.
As a rule, issues entered on the agenda should have been examined beforehand, in accordance with the provisions of this paragraph.
The Foreign Affairs Council shall be chaired by the High Representative of the Union for Foreign Affairs and Security Policy, who may, where necessary, ask to be replaced by the member of that configuration representing the Member State holding the six-monthly presidency of the Council ( 8 ).
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.
Article 3 ( 10 )
Agenda
The Council may derogate from the eight-week period referred to in the first subparagraph where the entry of an item is subject to the exception on grounds of urgency provided for in Article 4 of the Protocol on the role of national Parliaments in the European Union. The Council shall decide in accordance with the voting rule applicable for the adoption of the act or position concerned.
Save in urgent cases for which due reasons have been given, a ten-day period shall elapse between the placing of a draft legislative act on the provisional agenda for the Council and the adoption of a position ( 11 ).
If, by the end of the week preceding the week prior to a Council meeting, Coreper has not completed its examination of draft legislative acts, the Presidency shall, unless considerations of urgency require otherwise and without prejudice to paragraph 3, remove them from the provisional agenda.
The items appearing in each part of the provisional agenda shall be divided into A items and B items. Items for which approval by the Council is possible without discussion shall be entered as A items, but this does not exclude the possibility of any member of the Council or of the Commission expressing an opinion at the time of the approval of these items and having statements included in the minutes.
Article 4
Representation of a Council member unable to attend
Subject to the provisions of Article 11 on the delegation of voting rights, a member of the Council who is prevented from attending a meeting may arrange to be represented.
Article 5
Meetings
Article 6
Professional secrecy and production of documents in legal proceedings
Article 7
Legislative procedure and openness
The General Secretariat shall take steps to inform the public in advance of the dates and approximate time on which such audiovisual transmissions will take place and shall take all practical measures to ensure the proper implementation of this Article.
Article 8
Other cases of Council deliberations open to the public and public debates
The Presidency may decide, on a case-by-case basis, that the subsequent Council deliberations on one of the proposals referred to in the first subparagraph shall be open to the public, unless the Council or Coreper decides otherwise.
It shall be for the Presidency, any member of the Council, or the Commission to propose issues or specific subjects for such debates, taking into account the importance of the matter and its interest to citizens.
As from the sending of the provisional agenda pursuant to Article 3:
those items on the agenda of the Council which are open to the public in accordance with paragraph 1 shall be marked with the words ‘public deliberation’;
those items on the agenda of the Council which are open to the public in accordance with paragraphs 2 and 3 shall be marked with the words ‘public debate’.
The opening to the public of Council deliberations and public debates in accordance with this Article shall be made through public transmission as described in Article 7(3).
Article 9
Making votes, explanations of votes and minutes public in other cases
Moreover, the results of votes shall be made public:
when the Council acts pursuant to Title V of the TEU, by a unanimous Council or Coreper decision taken at the request of one of their members;
in other cases, by Council or Coreper decision taken at the request of one of their members.
When the result of a vote in the Council is made public in accordance with points (a) and (b) of the first subparagraph, the explanations of votes made when the vote was taken shall also be made public at the request of the Council members concerned, with due regard for these Rules of Procedure, legal certainty and the interests of the Council.
Statements entered in the Council minutes and items in those minutes relating to the adoption of the acts referred to in points (a) and (b) of the first subparagraph shall be made public by Council or Coreper decision taken at the request of one of their members.
Article 10
Public access to Council documents
The specific provisions regarding public access to Council documents are set out in Annex II.
Article 11
Voting arrangements and quorum
The President shall, furthermore, be required to open a voting procedure on the initiative of a member of the Council or of the Commission, provided that a majority of the Council's members so decides.
Article 12
Ordinary written procedure and silence procedure
Agreement by the Commission to the use of the written procedure shall be required where the written vote is on a matter which the Commission has brought before the Council.
A summary of acts adopted by the written procedure shall be drawn up every month by the General Secretariat. That summary shall contain any statements to be entered in the Council minutes. The sections of the summary which relate to adoption of legislative acts shall be made public.
On the initiative of the Presidency, the Council may act by means of a simplified written procedure called ‘silence procedure’:
for the purpose of adopting the text of a reply to a written question or, as appropriate, to an oral question submitted to the Council by a Member of the European Parliament, after the draft reply has been examined by Coreper ( 14 ):
for the purpose of appointing Members, and their alternates, of the Economic and Social Committee and of the Committee of the Regions, after the draft decision has been examined by Coreper;
for the purpose of deciding to consult other institutions, bodies, offices or agencies wherever such consultation is required by the Treaties;
for the purpose of implementing the common foreign and security policy through the ‘COREU’ network (‘COREU silence procedure’) ( 15 ).
In that case, the relevant text shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects.
Article 13
Minutes
The minutes shall as a general rule contain in respect of each item on the agenda:
Article 14
Deliberations and decisions on the basis of documents and drafts drawn up in the languages provided for by the language rules in force
Article 15
Signing of acts
The text of the acts adopted by the Council and that of the acts adopted by the European Parliament and the Council in accordance with the ordinary legislative procedure shall be signed by the President in office at the time of their adoption and by the Secretary-General. The Secretary-General may delegate his or her power to sign to Directors-General of the General Secretariat.
Article 16 ( 16 )
Absence of the possibility to participate in the vote
For the purposes of application of these Rules of Procedure, due account will be taken, in accordance with Annex IV, of cases in which, under the Treaties, one or more members of the Council may not participate in the vote.
Article 17
Publication of acts in the Official Journal
The following shall be published in the Official Journal of the European Union (hereinafter referred to as the ‘Official Journal’) by the Secretary-General:
the acts referred to in paragraph 1 and the second subparagraph of paragraph 2 of Article 297 of the TFEU;
the positions at first reading adopted by the Council in accordance with the ordinary legislative procedure, and the reasons underlying those positions;
the initiatives presented to the Council in accordance with Article 76 of the TFEU for the adoption of a legislative act;
international agreements concluded by the Union.
Reference shall be made in the Official Journal to the entry into force of such agreements;
international agreements concluded by the Union in matters concerning the common foreign and security policy, unless the Council decides otherwise on the grounds of Articles 4 and 9 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 17 ).
Reference shall be made in the Official Journal to the entry into force of agreements published in the Official Journal.
Unless the Council or Coreper decides otherwise, the following shall be published in the Official Journal by the Secretary-General:
initiatives presented to the Council in accordance with Article 76 of the TFEU in cases other than those referred to in paragraph 1(c);
directives and decisions referred to in the third subparagraph of Article 297(2) of the TFEU, recommendations and opinions, with the exception of the decisions referred to in paragraph 3 of this Article.
The Council or Coreper shall decide, on a case-by-case basis and taking account of possible publication of the basic act, whether the following should be published in the Official Journal by the Secretary-General:
the decisions implementing the decisions referred to in Article 25 of the TEU;
the decisions adopted in accordance with the first and second indents of Article 31(2) of the TEU;
other Council acts, such as conclusions or resolutions.
Article 18
Notification of acts
When they are not published in the Official Journal, the following acts shall be notified to their addressees by the Secretary-General or a Director-General acting on his or her behalf:
recommendations;
the decisions referred to in Article 25 of the TEU;
Article 19 ( 18 )
Coreper, committees and working parties
Coreper shall be responsible for preparing the work of all the meetings of the Council and for carrying out the tasks assigned to it by the Council. It shall in any case ( 19 ) ensure consistency of the European Union's policies and actions and see to it that the following principles and rules are observed:
the principles of legality, subsidiarity, proportionality and providing reasons for acts;
rules establishing the powers of Union institutions, bodies, offices and agencies;
budgetary provisions;
rules on procedure, transparency and the quality of drafting.
The General Secretariat shall update and make public the list of preparatory bodies. Only the committees and working parties on this list may meet as Council preparatory bodies.
The Political and Security Committee shall be chaired by a representative of the High Representative of the Union for Foreign Affairs and Security Policy.
The preparatory bodies of the various Council configurations, with the exception of the Foreign Affairs configuration, shall be chaired by a delegate of the Member State chairing the relevant configuration, unless the Council, acting by a qualified majority, decides otherwise. The list referred to in the second subparagraph of paragraph 3 shall also identify those preparatory bodies for which the Council has made other chairing arrangements, in accordance with Article 4 of the European Council Decision on the exercise of the Presidency of the Council.
In the specific case of the examination of the budget of the Union for a given financial year, meetings of Council preparatory bodies, other than Coreper, dealing with the preparation of Council agenda items on the examination of the budget shall be chaired by a delegate of the Member State which will hold the Council Presidency during the second six-month period of the year prior to the financial year in question. The same shall apply, with the agreement of the other Presidency, to the chairing of Council meetings at the time when the said budget items are discussed. The Presidencies concerned will consult on the practical arrangements.
In accordance with the relevant provisions referred to below, Coreper may adopt the following procedural decisions, provided that the items relating thereto have been included on its provisional agenda at least three working days before the meeting. Unanimity on the part of Coreper shall be required for any derogation from that period ( 20 ):
decision to hold a Council meeting in a place other than Brussels or Luxembourg (Article 1(3));
authorisation to produce a copy of or an extract from a Council document for use in legal proceedings (Article 6(2));
decision to hold a public debate in the Council or not to hold in public a given Council deliberation (Article 8(1), (2) and (3));
decision to make the results of votes and the statements entered in the Council minutes public in the cases laid down in Article 9(2);
decision to use the written procedure (Article 12(1));
approval or amendment of Council minutes (Article 13(2) and (3));
decision to publish or not to publish a text or an act in the Official Journal (Article 17(2), (3) and (4));
decision to consult an institution or body wherever such consultation is not required by the Treaties;
decision setting or extending a time limit for consultation of an institution or body;
decision to extend the periods laid down in Article 294(14) of the TFEU;
approval of the wording of a letter to be sent to an institution or body.
Article 20
The Presidency and the smooth conduct of discussions
To ensure that discussions are conducted properly it may also, unless the Council decides otherwise, take any appropriate measure necessary to achieve the best possible use of the time available during meetings and in particular:
restrict the numbers per delegation present in the meeting room for discussion of a particular item, and decide whether to authorise the opening of an overflow room;
set the order in which items are to be taken and determine the duration of discussions on them;
organise the time allotted for discussion of a particular item, in particular through limiting the time during which participants may speak and determining the order in which they may take the floor;
ask delegations to present in writing their proposals for amendment of a text under discussion before a given date, together with a brief explanation if appropriate;
ask delegations which have identical or similar positions on a particular item, on a text or on part of a text to choose one of them to express their shared position at the meeting or in writing before the meeting.
Reports from committees and working parties
Notwithstanding the other provisions of these Rules of Procedure, the Presidency shall organise the meetings of the various committees and working parties so that their reports are available before the Coreper meetings at which they are to be examined.
Unless considerations of urgency require otherwise, the Presidency shall postpone to a subsequent Coreper meeting any legislative acts on which the committee or working party has not completed its discussions at least five working days prior to Coreper's meeting.
Article 22
Quality of drafting ( 23 )
In order to assist the Council in its task of ensuring the drafting quality of the legislative acts which it adopts, the Legal Service shall be responsible for checking the drafting quality of proposals and draft acts at the appropriate stage, as well as for bringing drafting suggestions to the attention of the Council and its bodies, pursuant to the Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation ( 24 ).
Throughout the legislative process, those who submit texts in connection with the Council's proceedings shall pay special attention to the quality of the drafting.
Article 23
The Secretary-General and the General Secretariat
Under its authority the Secretary-General shall take all the measures necessary to ensure the smooth running of the General Secretariat.
Article 24
Security
The rules on security shall be adopted by the Council acting by a qualified majority.
Article 25
Duties as depositary of agreements
In the event of the Secretary-General of the Council being designated as depositary of an agreement concluded by the Union or the European Atomic Energy Community and one or more States or international organisations, the acts of ratification, acceptance or approval of those agreements shall be deposited at the address of the Council.
In such instances the Secretary-General shall perform the duties of a depositary and shall also ensure that the dates of entry into force of such agreements are published in the Official Journal.
Article 26
Representation before the European Parliament
The Council shall be represented before the European Parliament or its committees by the Presidency or, with the latter's agreement, by a member of the pre-established group of three Member States referred to in Article 1(4), by the following Presidency or by the Secretary-General. The Council may also be represented before European Parliament committees by senior officials of the General Secretariat, acting on instructions from the Presidency.
The Foreign Affairs Council shall be represented before the European Parliament or its committees by its President. He or she may, where necessary, ask to be replaced by the member of that configuration representing the Member State holding the six-monthly presidency of the Council. On instructions from its President, the Foreign Affairs Council may also be represented before European Parliament committees by senior officials of the European External Action Service or, where appropriate, of the General Secretariat.
The Council may also present its views to the European Parliament by means of a written statement.
Article 27
Provisions concerning the form of acts
The provisions concerning the form of acts are set out in Annex VI.
Article 28
Correspondence addressed to the Council
Correspondence to the Council shall be sent to the President at the following address of the Council:
Council of the European Union
rue de la Loi/Wetstraat 175
B-1048 Brussels
ANNEX I
List of Council configurations
General affairs ( 26 );
Foreign affairs ( 27 );
Economic and financial affairs ( 28 );
Justice and home affairs ( 29 );
Employment, social policy, health and consumer affairs;
Transport, telecommunications and energy;
Agriculture and fisheries;
Environment;
It is for each Member State to determine the way in which it is represented in the Council, in accordance with Article 16(2) of the TEU.
Several Ministers may participate as full members of the same Council configuration, with the agenda and the organisation of proceedings being adjusted accordingly ( 32 ).
ANNEX II
Specific provisions regarding public access to Council documents
Article 1
Scope
Any natural or legal person shall have access to Council documents subject to the principles, conditions and limits laid down in Regulation (EC) No 1049/2001 and the specific provisions laid down in this Annex.
Article 2
Consultation as regards third-party documents
For the purpose of applying Article 4(5) and Article 9(3) of Regulation (EC) No 1049/2001 and unless it is clear, upon examination of the document in the light of Article 4(1), (2) and (3) of Regulation (EC) No 1049/2001, that it shall not be disclosed, the third party concerned shall be consulted if:
the document is a sensitive document as defined in Article 9(1) of Regulation (EC) No 1049/2001;
the document originates from a Member State and:
If the Council envisages the release of the document, the third party shall be informed immediately in writing of the Council's intention to release the document after a time period of at least 10 working days. At the same time, the third party's attention shall be drawn to Article 279 of the TFEU.
Article 3
Requests for consultation received from other institutions or from Member States
Requests for consultations with the Council made by another institution or a Member State concerning an application for a Council document shall be sent via e-mail to access@consilium.europa.eu or by fax to +32(0)2 281 63 61.
The General Secretariat shall give its opinion on behalf of the Council promptly, taking into account any time limit required for a decision to be made by the institution or the Member State concerned, and at the latest within five working days.
Article 4
Documents originating from Member States
Any request by a Member State under Article 4(5) of Regulation (EC) No 1049/2001 shall be made in writing to the General Secretariat.
Article 5
Referral of requests by Member States
When a Member State refers a request to the Council, it shall be handled in accordance with Articles 7 and 8 of Regulation (EC) No 1049/2001 and the relevant provisions of this Annex. In the event of a total or partial refusal of access, the applicant shall be informed that any confirmatory application must be addressed directly to the Council.
Article 6
Address for applications
Applications for access to a document shall be addressed in writing to the Secretary-General of the Council, rue de la Loi/Wetstraat 175, B-1048 Brussels, by e-mail to access@consilium.europa.eu or by fax to +32(0)2 281 63 61.
Article 7
Processing of initial applications
Subject to Article 9(2) and (3) of Regulation (EC) No 1049/2001, any application for access to a Council document shall be handled by the General Secretariat.
Article 8
Processing of confirmatory applications
Subject to Article 9(2) and (3) of Regulation (EC) No 1049/2001, any confirmatory application shall be decided upon by the Council.
Article 9
Charges
The charges for producing and sending copies of Council documents shall be set by the Secretary-General.
Article 10
Public register of Council documents
Article 11
Documents directly accessible to the public
For the purpose of this Article:
The General Secretariat shall make the following documents available to the public as soon as they have been circulated:
documents of which neither the Council nor a Member State is the author, which have been made public by their author or with his or her agreement;
provisional agenda for meetings of the Council in its various configurations;
any text adopted by the Council and intended to be published in the Official Journal.
Provided that they are clearly not covered by any of the exceptions laid down in Article 4 of Regulation (EC) No 1049/2001, the General Secretariat may also make the following documents available to the public as soon as they have been circulated:
provisional agenda of committees and working parties;
other documents, such as information notes, reports, progress reports and reports on the state of discussions in the Council or one of its preparatory bodies which do not reflect individual positions of delegations, excluding Legal Service opinions and contributions.
The General Secretariat shall make legislative documents and the following documents available to the public, in addition to the documents referred to in paragraphs 3 and 4, as soon as they have been circulated:
cover notes and copies of letters concerning legislative acts and acts referred to in Article 8(1) of the Rules of Procedure addressed to the Council by other institutions or bodies of the European Union or, subject to Article 4(5) of Regulation (EC) No 1049/2001, by a Member State;
documents submitted to the Council which are listed under an item on its agenda included in the ‘legislative deliberations’ part or marked with the words ‘public deliberation’ or ‘public debate’ in accordance with Article 8 of the Rules of Procedure;
notes submitted to Coreper and/or to the Council for approval (‘I/A’ and ‘A’ item notes) concerning draft legislative acts and acts referred to in Article 8(1) of the Rules of Procedure, as well as the draft legislative acts and acts referred to in Article 8(1) of the said Rules to which they refer;
acts adopted by the Council during an ordinary or a special legislative procedure and joint texts approved by the Conciliation Committee under the ordinary legislative procedure.
At the request of a Member State, documents which are covered by the first subparagraph and reflect the individual position of that Member State's delegation in the Council shall not be made available to the public.
ANNEX III
Figures concerning the population of the Union and the population of each Member State for implementing the provisions concerning qualified majority voting in the Council
|
Member State |
Population |
Percentage of the population of the Union (%) |
|
Germany |
83 120 520 |
18,57 |
|
France |
67 439 614 |
15,07 |
|
Italy |
59 862 348 |
13,38 |
|
Spain |
47 394 223 |
10,59 |
|
Poland |
37 840 001 |
8,45 |
|
Romania |
19 186 201 |
4,29 |
|
Netherlands |
17 617 840 |
3,94 |
|
Belgium |
11 566 041 |
2,58 |
|
Greece |
10 682 547 |
2,39 |
|
Czechia |
10 574 153 |
2,36 |
|
Sweden |
10 370 000 |
2,32 |
|
Portugal |
10 298 252 |
2,30 |
|
Hungary |
9 730 772 |
2,17 |
|
Austria |
8 926 000 |
1,99 |
|
Bulgaria |
6 916 548 |
1,55 |
|
Denmark |
5 833 883 |
1,30 |
|
Finland |
5 527 493 |
1,24 |
|
Slovakia |
5 459 781 |
1,22 |
|
Ireland |
5 006 324 |
1,12 |
|
Croatia |
4 036 355 |
0,90 |
|
Lithuania |
2 795 680 |
0,62 |
|
Slovenia |
2 108 977 |
0,47 |
|
Latvia |
1 893 223 |
0,42 |
|
Estonia |
1 330 068 |
0,30 |
|
Cyprus |
896 000 |
0,20 |
|
Luxembourg |
633 347 |
0,14 |
|
Malta |
516 100 |
0,12 |
|
EU-27 |
447 562 291 |
|
|
Threshold (65 %) |
290 915 489 |
|
ANNEX IV
Referred to in Article 16
1. In application of the following provisions of these Rules of Procedure and for decisions in respect of which, under the Treaties, one or several members of the Council or of Coreper may not participate in the vote, account is not to be taken of votes by such member(s):
Article 1(3), second subparagraph (holding of a meeting in a place other than Brussels or Luxembourg);
Article 3(7) (inclusion on the agenda of an item other than those appearing on the provisional agenda);
Article 3(8) (maintaining as a B item on the agenda an A item which would otherwise have had to be withdrawn from the agenda);
Article 5(2), as regards the presence of the European Central Bank only (deliberation without the presence of the European Central Bank);
Article 9(2), first subparagraph, point (b), and second and third subparagraphs (making public the results of votes, explanations of votes, statements in the Council minutes and items in those minutes relating to cases other than those referred to in paragraph 1);
Article 11(1), second subparagraph (opening of a voting procedure);
Article 12(1) (use of the written procedure);
Article 14(1) (decision to deliberate and take decisions exceptionally on the basis of documents and drafts not drawn up in all the languages) ( 34 );
Article 17(2)(a) (non-publication in the Official Journal of an initiative presented by a Member State pursuant to Article 76 of the TFEU);
Article 17(2)(b) (non-publication in the Official Journal of certain directives, decisions, recommendations and opinions);
Article 17(5) (whether to publish in the Official Journal decisions taken by a body set up under an international agreement).
2. A member of the Council or of Coreper may not make use of the following provisions of these Rules of Procedure in connection with decisions on which, under the Treaties, that member may not participate in the vote:
Article 3(8) (possibility of a member of the Council requesting withdrawal of an A item from the agenda);
Article 11(1), second subparagraph (possibility of a member of the Council requesting the opening of a voting procedure);
Article 11(3) (possibility of a member of the Council acting on behalf of another in a vote);
Article 14(2) (possibility for any member of the Council to oppose discussion if the texts of any proposed amendments are not drawn up in the language he or she has specified).
ANNEX V
Council working methods
Preparation for meetings
1. The Presidency shall ensure that a file is submitted to Coreper by a working party or by a committee only when there is reasonable prospect of progress or clarification of positions being achieved at that level. Conversely, files may be referred to a working party or to a committee again only when necessary, and in any event only with the remit to tackle precise, well-defined problems.
2. The Presidency shall take the steps necessary to advance work between meetings. It can, for example, with the agreement of the working party or committee, undertake in the most efficient way necessary consultations on specific problems with a view to reporting back to the working party or committee concerned on possible solutions. It can also conduct written consultations by requesting delegations to react in written form to a proposal before the next meeting of the working party or committee.
3. Whenever appropriate, delegations shall set out the positions they are likely to take in a forthcoming meeting in written form before that meeting. When that includes proposals for amending text, delegations shall suggest specific wording. Wherever possible, written input shall be submitted jointly by delegations maintaining identical positions.
4. Coreper shall avoid going over ground already covered in the preparation of its proceedings. That shall apply in particular to ‘I’ items, to information on the organisation and order of its business and to information on the agenda and organisation of forthcoming Council meetings. Wherever possible, delegations shall raise ‘Any other business’ items when Coreper's proceedings are being prepared rather than in Coreper itself.
5. The Presidency shall convey to delegations as soon as possible when Coreper's proceedings are being prepared all the information necessary to allow thorough preparation of Coreper's proceedings, including information on what the Presidency expects to achieve from the discussion on each agenda item. Conversely, the Presidency shall, as appropriate, encourage delegations to communicate to the other delegations, when Coreper's proceedings are being prepared, information on the positions they will be taking in Coreper. In this context the Presidency shall finalise Coreper's agenda. The Presidency may convene more frequently the groups that prepare Coreper's proceedings, when required by circumstances.
Conduct of meetings
6. No item shall be placed on the Council agenda simply for presentation by the Commission or by a Council member, except where a debate on new major initiatives is planned.
7. The Presidency shall refrain from placing on Coreper's agenda items for information only. Such information, e.g. on the outcome of meetings in another forum or with a third State or another institution, procedural or organisational questions, etc., should instead be transmitted to delegations when Coreper's proceedings are being prepared, whenever possible in written form, and should not be repeated in Coreper.
8. At the start of a meeting, the Presidency shall give any further information necessary regarding the handling of the meeting and in particular indicate the length of time it intends to be devoted to each item. It shall refrain from making lengthy introductions and avoid repeating information which is already known to delegations.
9. At the start of a discussion on a substantive point, the Presidency shall, depending on the type of discussion which is needed, indicate to delegations the maximum length of their interventions on that point. In most cases interventions should not exceed two minutes.
10. Full table rounds shall be proscribed in principle; they may be used only in exceptional circumstances on specific questions, with a time limit on interventions set by the Presidency.
11. The Presidency shall give as much focus as possible to discussions, in particular by requesting delegations to react to compromise texts or specific proposals.
12. During and at the end of meetings the Presidency shall refrain from making lengthy summaries of the discussions and shall confine itself to concluding briefly on the results (substance and/or procedure) achieved.
13. Delegations shall avoid repeating points made by previous speakers. Their interventions shall be brief, substantive and to the point.
14. Like-minded delegations shall be encouraged to hold consultations with a view to the presentation by a single spokesperson of a common position on a specific point.
15. When discussing texts, delegations shall make concrete drafting proposals, in writing, rather than merely express their disagreement with a particular proposal.
16. Unless indicated otherwise by the Presidency, delegations shall refrain from taking the floor when in agreement with a particular proposal; in this case silence shall be taken as agreement in principle.
ANNEX VI
Provisions concerning the forms of acts
A. Form of Regulations:
Regulations adopted jointly by the European Parliament and the Council and Council Regulations shall include:
in their title the word ‘Regulation’, followed by a serial number, the date of their adoption and an indication of their subject-matter; Implementing Regulations adopted by the Council in accordance with Article 291(2) of the TFEU shall include in their title the words ‘Implementing Regulation’;
the words ‘The European Parliament and the Council of the European Union’ or ‘The Council of the European Union’, as appropriate;
a reference to the provisions under which the Regulation is adopted, preceded by the words ‘Having regard to’;
a citation containing a reference to proposals submitted and to opinions obtained and consultations held;
a statement of the reasons on which the Regulation is based, preceded by the word ‘Whereas: ’, the recitals being numbered;
the words ‘have adopted this Regulation’ or ‘has adopted this Regulation’, as appropriate, followed by the enacting terms of the Regulation.
Regulations shall be divided into Articles, if appropriate grouped into chapters and sections.
The final Article of a Regulation shall fix the date of entry into force, where that date is before or after the 20th day following publication.
The final Article of a Regulation shall be followed by:
the words ‘This Regulation shall be binding in its entirety and directly applicable in all Member States’,
or
the words ‘This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties ’, in any cases in which an act is not applicable to, or in, all Member States ( 35 );
the words ‘Done at …. ’, followed by the date on which the Regulation was adopted,
and
in the case of:
a Regulation adopted jointly by the European Parliament and the Council, the words:
‘For the European Parliament
The President’
‘For the Council
The President’
followed by the name of the President of the European Parliament and of the President of the Council in office at the time when the Regulation is adopted;
a Council Regulation, the words:
‘For the Council
The President’
followed by the name of the President of the Council in office at the time when the Regulation is adopted.
B. Forms of Directives, Decisions, Recommendations and Opinions
1. Directives and Decisions adopted jointly by the European Parliament and the Council, and Directives and Decisions of the Council, shall include in their titles the word ‘Directive’ or ‘Decision’;
Implementing Directives and Decisions adopted by the Council in accordance with Article 291(2) of the TFEU shall include in their titles the words ‘Implementing Directive’ or ‘Implementing Decision’;
2. Recommendations and Opinions issued by the Council shall include in their titles the word ‘Recommendation’ or ‘Opinion’.
3. The provisions relating to Regulations set out in A above shall apply mutatis mutandis, subject to the relevant provisions of the Treaties, to Directives and Decisions.
C. Forms of Decisions referred to in Article 25 of the TEU
Those Decisions shall bear the following headings:
‘Council Decision’, a serial number (year/number/CFSP), the date of adoption and the subject-matter.
( 1 ) This paragraph reproduces Article 237 of the Treaty on the functioning of the European Union (hereinafter referred to as the ‘TFEU’)
( 2 ) This paragraph reproduces point (b) of the sole Article of the Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union.
( 3 ) This paragraph reproduces Article 1 of the European Council Decision of 1 December 2009 on the exercise of the Presidency of the Council (OJ L 315, 2.12.2009, p. 50).
( 4 ) These two sentences are taken, with some adjustments, from the first subparagraph of Article 16(6) of the Treaty on European Union (hereinafter referred to as the ‘TEU’) and point (a) of Article 236 of the TFEU.
( 5 ) These two sentences reproduce the second subparagraph of Article 16(6) of the TEU.
( 6 ) This paragraph reproduces the first sentence of Article 3 of the European Council Decision of 1 December 2009 on the exercise of the Presidency of the Council.
( 7 ) This sentence reproduces the third subparagraph of Article 16(6) of the TEU.
( 8 ) See statement (a) set out below:
Re Article 2(5), second subparagraph:
‘When the Foreign Affairs Council is convened to discuss common commercial policy issues, its President will ask to be replaced by the six-monthly Presidency as provided for in Article 2(5), second subparagraph.’
( 9 ) See statement (b) set out below:
Re Article 2(6):
‘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 third sentence of paragraph 6. 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.’
( 10 ) See statements (c) and (d) set out below:
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 the Title of the TFEU relating to the area of freedom, security and justice and any documents relating to the items involved reach members of the Council at least 21 days before the beginning of the meeting.’
Re Articles 1 and 3:
‘Without prejudice to Article 30(2) of the TEU, 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.’
( 11 ) This subparagraph reproduces the last sentence of Article 4 of the Protocol on the role of national Parliaments in the European Union.
( 12 ) This sentence reproduces the first sentence of Article 16(8) of the TEU.
( 13 ) This paragraph reproduces Article 239 of the TFEU.
( 14 ) See statement (e) set out below:
Re Article 12(2)(a), (b) and (c):
‘In accordance with the Council's regular practice, the time limit fixed will normally be three working days.’;
( 15 ) See statement (f) set out below:
Re Article 12(2)(d):
‘The Council would point out that the COREU network must be used in accordance with the Council conclusions of 12 June 1995 (doc. 7896/95) concerning the Council's working methods.’
( 16 ) See statement (g) set out below:
Re Article 16 and Annex IV:
‘The Council agrees that the provisions of Article 16 and Annex IV apply to acts for the adoption of which some members of the Council are, under the Treaties, not entitled to vote. However, application of Article 7 of the TEU is not covered by those provisions. In the first application of the provisions on enhanced cooperation, the Council will, in the light of experience acquired in other fields, consider any adaptations necessary to Article 16 of and Annex IV to these Rules of Procedure.’
( 17 ) OJ L 145, 31.5.2001, p. 43.
( 18 ) These provisions are without prejudice to the role of the Economic and Financial Committee as laid down in Article 134 of the TFEU and to existing Council Decisions thereon (OJ L 358, 31.12.1998, p. 109 ►C1 and OJ L 5, 9.1.1999, p. 71). ◄
( 19 ) See statement (h) set out below:
Re Article 19(1):
‘Coreper will ensure consistency and observance of the principles set out in paragraph 1, in particular for matters where substantive preparation is undertaken in other fora.’
( 20 ) See statement (i) set out below:
Re Article 19(7):
‘If a member of the Council considers that a draft procedural decision submitted to Coreper for adoption in accordance with Article 19(7) raises a question of substance, the draft decision will be submitted to the Council.’
( 21 ) These provisions are without prejudice to the role of the Economic and Financial Committee as laid down in Article 134 of the TFEU and to existing Council Decisions thereon (OJ L 358, 31.12.1998, p. 109 ►C1 and OJ L 5, 9.1.1999, p. 71). ◄
( 22 ) See statement (j) set out below:
Re Article 21:
‘Reports from working parties and any other documents used as a basis for Coreper's discussions should be sent to delegations in time to allow for their examination.’
( 23 ) See statement (k) set out below:
Re Article 22:
‘The Council Legal Service has also been instructed to provide assistance to Member States responsible for an initiative within the meaning of Article 76(b) of the TFEU for the purpose inter alia of checking the quality of drafting of such initiatives if that assistance is requested by the Member State concerned.’
See statement (l) set out below:
Re Article 22:
‘Members of the Council will comment on proposals for official codification of legislative texts within 30 working days of the circulation of such proposals by the General Secretariat. Members of the Council will ensure that those provisions of a proposal for the recasting of legislative texts which have been taken from the preceding act without substantive amendment are examined in accordance with the principles established for examination of codification proposals.’
( 24 ) OJ C 73, 17.3.1999, p. 1.
( 25 ) Paragraph 1 and the first subparagraph of paragraph 2 reproduce Article 240(2) of the TFEU.
( 26 ) This configuration is established by Article 16(6), second subparagraph, of the TEU.
( 27 ) This configuration is established by Article 16(6), third subparagraph, of the TEU.
( 28 ) Including budget.
( 29 ) Including civil protection.
( 30 ) Including tourism.
( 31 ) Including audiovisual affairs.
( 32 ) See statement (m) set out below:
Re Annex I, second paragraph:
‘The Presidency will organise Council agendas by grouping together related agenda items, in order to facilitate attendance by the relevant national representatives, particularly where a given Council configuration has to deal with clearly distinguishable sets of topics.’
( 33 ) OJ L 8, 12.1.2001, p. 1.
( 34 ) See statement (n) set out below:
Re Annex IV, paragraph 1(h):
‘The Council confirms that present practice whereby the texts serving as a basis for its deliberations are drawn up in all the languages will continue to apply.’
( 35 ) See statement (o) set out below:
Re Annex VI, paragraph A.4(a)(ii):
‘The Council would point out that, in the cases provided for in the Treaties where an act is not applicable to or in all Member States, it is necessary to make clear its territorial application in the reasons given for and content of the act concerned.’