Decision-making in European Environmental Policy
Since the Treaty of Amsterdam came into force, the principle of co-decision applies almost exclusively in the area of environment. This procedure is characterised by the fact that the European Parliament as the legislative body plays a role equal to that of the Council.
Such a procedure always starts with a proposal by the Commission (COM), which has the sole initiative right for directives, regulations and decisions. However, the Commission usually does not produce such proposals only of its own volition; very often it takes the wishes of Member States, the European Parliament (EP) or even interest groups into consideration.
Within the Commission the leading Directorate General – in this case the Environment Directorate General – must coordinate the proposal with all the other Directorates General, before it is adopted at the political level by the 20 members of the Commission.
First Reading
Thereafter the proposal is sent both to the EP and the Council, and in many cases it is also sent to the Economic and Social Committee and the Committee of the Regions for an opinion.
In the next phase, the EP must issue an opinion: for environmental dossiers, this is prepared by the Committee for Environmental Affairs, Public Health and Consumer Protection. The Committee nominates a reporter, whose report is voted on first in the Committee and then in the plenary session of the EP. The opinion is then sent to the Council (first reading).
In the Council, the current Presidency decides whether a COM proposal will be put on the agenda of the Council. After negotiations at the official level (Working Parliament Environment and Permanent Representatives Committee), the Council can – in the rare case that there are no objections to the EP opinion – approve the opinion and adopt the legal act. This is the fastest possible decision-making procedure, but it is very uncommon in practice. Usually, the Council cannot accept all the EP’s wishes and formulates a common position.
In some cases, proposals can be negotiated at the official level and the Council of Ministers only has to approve them formally. In the case of politically more sensitive legal acts, however, it is quite common for the most important decisions to be taken by the Environment Ministers at a Council meeting. In difficult issues – such as e.g. the Genetic Engineering Directive 90/220, or the Directive on old motor vehicles, to name some recent cases – it is up to the Ministers to find a compromise in their debates. Thereby, the mediation skills of the Presidency are very important. For a long time it was common for the Council of Ministers (Environment) to continue negotiating until consensus was found, but recently more votes are taken – a qualified majority of Member States is required, with the votes proportional to the size of the Member State (e.g. Austria has 4 votes, France 10, Luxembourg 2).
The result, the common position, is sent to the EP together with a rationale, and the Commission also informs the EP about its position.
Second Reading
In the second reading, the ball is passed back to the Parliament, which must act within three months. If it does not make a decision or accepts the common position, the procedure is concluded successfully and the legal act is considered passed. However, it can also reject the common position (legal act is not passed – procedure has failed) or, which is most commonly the case, propose amendments.
These amendments are sent to the Council and the Commission. The Commission now plays an important role, since it forwards an opinion on these amendments to the Council.
The Council can in turn approve all the amendments, in which case the legal act is passed. However, the Council can only approve amendments that have been rejected by the Commission unanimously, whilst all other amendments can be approved with a qualified majority.
If the Council does not approve all the amendments, the second reading is ended and the Conciliation Committee must be convened within six weeks.
Third Reading – Conciliation Committee
The Conciliation Committee, which is composed of the members of the Council and an equal number of members representing the European Parliament, has the tasking of reaching agreement on a joint text. Again within 6 weeks – an extension by a maximum of 2 weeks is possible – the Committee must approve a joint text. Then the two institutions again have 6 weeks time to adopt this text. Only if the necessary majority is achieved in both institutions can the procedure be concluded successfully and the legal act adopted.
Since – as already mentioned – most legal acts on environmental issues are adopted with this procedure since the Treaty of Amsterdam, the number of Conciliation Committees has also increased. Particularly difficult conciliation procedures included, for example, the Water Framework Directive, the Used Cars Directive, or currently the Environmental Information Directive. In practice, it has become common to try to clear up as many issues as possible in advance in informal talks, the so-called trilogues, in order to make the work of the formal Conciliation Committee easier.
We have illustrated the co-decision procedure for you in the enclosed document.
Within the Commission the leading Directorate General – in this case the Environment Directorate General – must coordinate the proposal with all the other Directorates General, before it is adopted at the political level by the 20 members of the Commission.
First Reading
Thereafter the proposal is sent both to the EP and the Council, and in many cases it is also sent to the Economic and Social Committee and the Committee of the Regions for an opinion.
In the next phase, the EP must issue an opinion: for environmental dossiers, this is prepared by the Committee for Environmental Affairs, Public Health and Consumer Protection. The Committee nominates a reporter, whose report is voted on first in the Committee and then in the plenary session of the EP. The opinion is then sent to the Council (first reading).
In the Council, the current Presidency decides whether a COM proposal will be put on the agenda of the Council. After negotiations at the official level (Working Parliament Environment and Permanent Representatives Committee), the Council can – in the rare case that there are no objections to the EP opinion – approve the opinion and adopt the legal act. This is the fastest possible decision-making procedure, but it is very uncommon in practice. Usually, the Council cannot accept all the EP’s wishes and formulates a common position.
In some cases, proposals can be negotiated at the official level and the Council of Ministers only has to approve them formally. In the case of politically more sensitive legal acts, however, it is quite common for the most important decisions to be taken by the Environment Ministers at a Council meeting. In difficult issues – such as e.g. the Genetic Engineering Directive 90/220, or the Directive on old motor vehicles, to name some recent cases – it is up to the Ministers to find a compromise in their debates. Thereby, the mediation skills of the Presidency are very important. For a long time it was common for the Council of Ministers (Environment) to continue negotiating until consensus was found, but recently more votes are taken – a qualified majority of Member States is required, with the votes proportional to the size of the Member State (e.g. Austria has 4 votes, France 10, Luxembourg 2).
The result, the common position, is sent to the EP together with a rationale, and the Commission also informs the EP about its position.
Second Reading
In the second reading, the ball is passed back to the Parliament, which must act within three months. If it does not make a decision or accepts the common position, the procedure is concluded successfully and the legal act is considered passed. However, it can also reject the common position (legal act is not passed – procedure has failed) or, which is most commonly the case, propose amendments.
These amendments are sent to the Council and the Commission. The Commission now plays an important role, since it forwards an opinion on these amendments to the Council.
The Council can in turn approve all the amendments, in which case the legal act is passed. However, the Council can only approve amendments that have been rejected by the Commission unanimously, whilst all other amendments can be approved with a qualified majority.
If the Council does not approve all the amendments, the second reading is ended and the Conciliation Committee must be convened within six weeks.
Third Reading – Conciliation Committee
The Conciliation Committee, which is composed of the members of the Council and an equal number of members representing the European Parliament, has the tasking of reaching agreement on a joint text. Again within 6 weeks – an extension by a maximum of 2 weeks is possible – the Committee must approve a joint text. Then the two institutions again have 6 weeks time to adopt this text. Only if the necessary majority is achieved in both institutions can the procedure be concluded successfully and the legal act adopted.
Since – as already mentioned – most legal acts on environmental issues are adopted with this procedure since the Treaty of Amsterdam, the number of Conciliation Committees has also increased. Particularly difficult conciliation procedures included, for example, the Water Framework Directive, the Used Cars Directive, or currently the Environmental Information Directive. In practice, it has become common to try to clear up as many issues as possible in advance in informal talks, the so-called trilogues, in order to make the work of the formal Conciliation Committee easier.
We have illustrated the co-decision procedure for you in the enclosed document.
Downloads
Mitentscheidungsverfahren Grafik.pdf (PDF 26,5 kB )
16.12.2005, Lebensministerium V/8