B4-0501/95

Resolution on the Commission's annual programme of work

The European Parliament,

Approves the annexed Code of Conduct negotiated with the Commission.

ANNEX CODE OF CONDUCT

The European Parliament and the Commission,

Having regard to the Treaty on European Union,

Whereas the Treaty on European Union sets the objective of strengthening the democratic legitimacy of the Union's decision-making process,

Whereas Parliament's approval of the Commission exemplifies the relationship of trust which should link the two institutions throughout the parliamentary term,

Noting the progress achieved in the dialogue between the institutions thanks to the code of conduct agreed in 1990, and considering that the latter needs to be adapted to the new institutional context,

Whereas this Code of Conduct does not affect the powers and prerogatives of Parliament or of the Commission but seeks to ensure that they are exercised as effectively as possible within the single institutional framework established under Article C of the Treaty on European Union,

HAVE AGREED AS FOLLOWS :

General principle

1.The Commission undertakes to forward to the European Parliament all its legislative proposals, any proposals made in the course of the budgetary procedure and any other Commission documents which relate to such proposals and are forwarded to the Council at any time during decision-making procedures.

The Commission shall ensure that Parliament is kept informed on an absolutely equal footing with the Council, pursuant to the Treaty.

In addition, the Commission shall endeavour not to make public any important initiatives before informing Parliament thereof in the appropriate manner.

Choice of legal basis

2.The European Parliament and the Commission note that, in accordance with the Community system of competences and pursuant to the case-law of the Court of Justice, the choice of legal base must be based on objective factors which admit of judicial review, including, in particular, the objective and content of the act.

Parliament and the Commission agree to maintain any appropriate contacts, in particular between their legal services, to facilitate discussion of the choice of legal basis.

The Commission shall take the utmost account of any modifications to the legal bases of its proposals contained in European Parliament amendments. The Commission undertakes to set out in more detail the reasons on which its position is based.

When in the course of decision-making procedures, the Council introduces modifications to the legal bases proposed by the Commission, the Commission shall remind the Council of the need to respect the principles evolved by the Court of Justice requiring Parliament to be reconsulted. The Commission shall inform Parliament that it has reminded the Council.

The Commission undertakes to submit to Parliament, at the same time as to the Council, any proposals introducing modifications of legal bases in the course of decision-making procedures.

Legislative process

3.1.The Commission shall forward to the European Parliament and the Council, on an absolutely equal footing, all its strategic initiatives such as green or white papers, in areas in which the Community could be required to act. If the above-mentioned strategic initiatives are accompanied by a draft resolution, it shall be submitted by the Commission to Parliament and the Council.

3.2.The legislative proposals envisaged in the annual legislative programme shall be presented by the Commission in sufficiently good time for Parliament and the Council to examine them thoroughly, except in cases where, for objective reasons, the urgency procedure must be applied.

3.3.When, pursuant to Article 138b, Parliament requests the Commission to submit legislative proposals, the Commission shall take the utmost account thereof.

The Commission decisions on such requests shall be duly reasoned on a case-by-case basis, if necessary, even in a sitting of Parliament.

3.4.The Commission shall ensure that the Council bodies are reminded in good time not to reach a political agreement on its proposals before the European Parliament has given its opinion. It shall ask for discussion to be concluded at ministerial level after a reasonable period has been given to the members of the Council to examine Parliament's opinion.

3.5.The Commission shall keep the competent parliamentary committee regularly informed of the principal positions emerging from discussions within Council bodies, particularly when they differ from the original proposal, and shall also forward any Commission amendments to the original proposal on the basis of which the Council would continue its discussions. The Commission shall inform Parliament as soon as possible if it adopts a favourable opinion on the amendments introduced by the Council to its proposals.

3.6.The Commission shall ensure that the Council respects the principles evolved by the Court of Justice requiring Parliament to the reconsulted if the Council makes a substantial modification to a Commission proposal. The Commission shall inform Parliament of any reminder to the Council of the need for reconsultation.

3.7Pursuant to the provisions of the Treaty, the Commission shall take the utmost account of the amendments adopted by Parliament at second reading of the cooperation and codecision procedures. If, for important reasons, and after consideration at the level of the College, it decides not to include or support an amendment adopted by Parliament, it shall explain those reasons before Parliament or during the next meeting of the competent committee.

3.8.With a view to contributing to the smooth functioning of the institutions, and having regard to the democratic legitimacy of the elected Parliament, the Commission undertakes to withdraw, where appropriate, any legislative proposal which the European Parliament has rejected. If, for important reasons and after consideration by the College, it decides to retain its proposal, the Commission shall explain the reasons for that decision before Parliament in a declaration.

3.9.The Commission undertakes to give Parliament and the Council prior notification before withdrawing its proposals.

3.10.In relation to international agreements, including trade agreements, the Commission will inform the relevant parliamentary committee, where necessary on a confidential basis, of the draft recommendations relating to the negotiating instructions.

The Commission will keep Parliament, through its committee, regularly and fully informed of the progress of negotiations.

The Commission is prepared to facilitate the inclusion of Members of the European Parliament as observers in Community negotiating delegations for multilateral agreements, on the understanding that the Members may not take part directly in the negotiating sessions themselves, where the Commission alone represents the Community.

Monitoring the implementation of Community law

4.In addition to specific reports and the annual report on the implementation of Community law, the Commission shall, at the request of the parliamentary committee responsible, keep Parliament informed orally of the stage reached in the procedure from the stage when the reasoned opinion is sent and, in cases where procedures have been initiated for failure to communicate the implementing measures of a directive, or for failure to comply with a judgment of the Court of Justice, from the stage of formal notice.

Specific legislative powers of the Commission

5.The Commission undertakes to inform Parliament of any acts which fall within the scope of its own legislative powers.

Implementing powers

6.The Commission and Parliament agree that pending the revision of the Treaties:

-The 'Modus vivendi', initialled on 20 December 1994, shall apply to implementing acts in respect of measures adopted under the codecision procedure,

-The DELORS-PLUMB agreement shall continue to apply to other implementing acts of a general nature,

-The KLEPSCH-MILLAN agreement on the Code of Conduct on the implementation of structural policies by the Commission, signed on 13 July 1993, shall continue to apply to implementing acts covered by the Structural Funds.

Recommendations of the Commission

7.The Commission shall forward to Parliament, at the same time as to the Council, any proposals for recommendations. The explanatory statement of every proposal shall contain an explanation of the reasons which led the Commission to choose a recommendation as the form of act.

Legislative planning and interinstitutional coordination

8.Parliament and the Commission also agree that dialogue should be stepped up by the following means:

-periodic contacts between the Presidents of the two institutions, with the participation of the President of the Council, should he so wish,

-the presence of Commissioners at Parliament's sittings as far as possible (in particular, the appropriate Commission members at oral question times), the appropriate meetings of the Conference of Presidents and meetings of parliamentary committees. The two Institutions shall agree on the timetable for those sittings, except in urgent cases;

-following the initial progress achieved, measures in the context of the synergy between Commission and EP documentary databases to speed up the establishment of data-processing systems, in order to provide access to data on the state of progress of legislative procedures and to the texts of acts being considered by the various institutions.

In order to implement these principles,

-the Commission for its part shall ensure that the competent Member of the Commission is present, except on Fridays, for each part of the agenda, including oral question time. A Member of the Commission will be present on Fridays.

As regards debates on topical and urgent subjects, the Commission shall ensure that one of the Members responsible for external relations is present;

-subject to any modifications adopted in plenary, the European Parliament undertakes for its part to establish definitively its draft agenda at the Conference of Presidents preceding the part-session. Modifications to the final draft agenda established by the Conference of Presidents could jeopardize the presence of the competent Member of the Commission.

-the European Parliament undertakes to group together as far as possible the various items of the agenda falling within the field of competence of a single Member of the Commission;

-in order to facilitate a reply by the competent Member of the Commission, the European Parliament shall examine the conduct of question time with a view to grouping oral questions together and fixing an appropriate time-slot;

The European Parliament and the Commission shall contact the Commission to ensure that Parliament's part-session and Council meetings are better coordinated.

9. In order to improve legislative planning, Parliament undertakes:

-as far as possible, to appoint rapporteurs on future proposals as soon as the legislative programme is adopted;

-to examine requests for reconsultation as a matter of absolute priority provided all the necessary information has been forwarded to it;

-to take account of the priorities examined by the Commission and the Council in planning its activities;

-to plan the legislative parts of its agendas, by bringing them into line with the current legislative programme and the resolutions it has adopted on that programme.

-to meet reasonable deadlines, in so far as is useful for the procedure, for delivering its opinion at first reading in the cooperation and codecision procedures or its opinions in the simple consultation procedure.

10.A periodic assessment of this code of conduct will be carried out when the annual legislative programme is established.