SP(2005)2828

SP(2005)2482/2

The Council has published a statement concerning the framework agreement on relations between the European Parliament and the Commission. It takes note of the framework agreement on relations between the European Parliament and the Commission signed on 26 May 2005 by the two institutions notwithstanding the spirit of Declaration No 3 on Article 10 of the Treaty establishing the European Community contained in the Final Act of the Nice Treaty.

Recalling its statement of 10 July 2000, the Council is concerned at the fact that several provisions of the new framework agreement seek to bring about, even more markedly than the framework agreement of 2000, a shift in the institutional balance resulting from the Treaties in force.

It regrets not being informed earlier, in a spirit of sincere cooperation, of the negotiations on this new framework agreement. It further regrets that the two institutions concerned did not feel the need to take account of the points on which it had expressed concern in its appropriate bodies, before the agreement was signed.

The Council would point out in particular that under the EC Treaty (Article 201), a motion of censure on the activities of the Commission can only be tabled against all the members of the Commission as a college, and not an individual member. Article 217 enshrines the principle of collective responsibility for Commission action.

The Council would also stress that the multiannual work programming procedure was adopted by the European Council at its meeting in Seville in June 2002. Finally, it would recall that the procedures enabling the European Parliament to be involved in international negotiations are governed by Article 300 of the EC Treaty and that practical arrangements concerning the presence of Members of the European Parliament in delegations of the Community or representing the European Union at international conferences were adopted in 1998.

Lastly, the Council stresses that the undertakings entered into by these institutions cannot be enforced against it in any circumstances. It reserves its rights and in particular the right to take any measure appropriate should the application of the provisions of the framework agreement impinge upon the Treaties' allocation of powers to the institutions or upon the institutional equilibrium that they create.

09940/2005
OJ C 161 01.07.2005, p. 0001-0001

The European Parliament adopted the resolution drafted by Jo LEINEN (PES, DE) and approved the new framework agreement governing relations between the Parliament and the Commission. (Please see the summary of 10/05/2005.) The new framework agreement covers key questions, such as how the Parliament approves new Commissioners, how the Commission President deals with potential conflicts of interest and ensures greater transparency on expert groups which advise the Commission.

The agreement also includes a commitment for regular meetings between the Parliament’s conference of presidents and the Commission President or Vice-President.

The Commission will give the Parliament a list of members of expert groups which it uses during the preparation of new legislative proposals.

T6-0194/2005
OJ C 117 18.05.2006, p. 0021-0123 E

Results of vote in Parliament

The European Parliament adopted the resolution drafted by Jo LEINEN (PES, DE) and approved the new framework agreement governing relations between the Parliament and the Commission. (Please see the summary of 10/05/2005.) The new framework agreement covers key questions, such as how the Parliament approves new Commissioners, how the Commission President deals with potential conflicts of interest and ensures greater transparency on expert groups which advise the Commission.

The agreement also includes a commitment for regular meetings between the Parliament’s conference of presidents and the Commission President or Vice-President.

The Commission will give the Parliament a list of members of expert groups which it uses during the preparation of new legislative proposals.

T6-0194/2005

Debate in Parliament

A6-0147/2005

A6-0147/2005

The committee adopted the report by Jo LEINEN (PES, DE) approving the new framework agreement governing relations between the Parliament and the Commission. It particularly welcomed the following improvements contained in the new agreement:

- the new provisions concerning potential conflicts of interest;

- the arrangements for the replacement of a Commissioner during the Commission's term of office;

- the establishment of regular dialogue at the highest level between the President of the Commission and the Conference of Presidents;

- improved information from the Commission on follow-up to and measures to take account of Parliament's reports and opinions;

- incorporation into the agreement of the undertakings given by the Commission regarding the implementing measures for the banking, insurance and securities sectors ('Lamfalussy procedure') and the agreement between Parliament and the Commission on procedures for implementing the 1999 'comitology' decision. In this connection, the report also urged the Commission "to take acount of the political guidelines which Parliament adopts in the exercise of its right to consider documents under the comitology procedure";

- the undertakings given concerning the Commission's participation in Parliament's work;

- the insertion of a clause providing for the revision of the agreement when the Treaty establishing a Constitution for Europe comes into force.