1995 REPORT RECOMMENDATION
The co-decision procedure
......We acknowledge that there
will be pressures for an extension of co-decision, and that this
makes it important to address the defects in the procedure. As
regards these defects, we recommend two changes in Article 189b......
First, that the Council after three months from its communication
to the Parliament should be entitled to adopt its common position
definitively, unless the Parliament has rejected it or proposed
amendments to the substance of the legislation by an absolute
majority of component members.[10]......
Secondly, the Conciliation Committee should meet at the level
of Ministers on the part of the Council and at a corresponding
level of seniority on the part of the Parliament. If a joint text
emerges from the Conciliation Committee, a heavy onus should lie
on the Council and the Parliament if either wish to reject it.
The Council should require a qualified majority to reject and
the Parliament an absolute majority of its component members.
These changes would make it more difficult for the Parliament
to cause legislation to fall without thorough and responsible
consideration. (252)
OUTCOME OF THE TREATY
The co-decision procedure
Co-decision (Article 189b) is
simplified by:
- providing for adoption
of a text at first reading phase if the European Parliament does
not propose any amendment after first reading or if the Council
agrees with all of the European Parliament's first reading amendments;
- dropping the phase
of intent to reject; the European Parliament could thus go straight
to a vote of rejection;
- dropping the so-called
third reading whereby the Council could seek to impose the common
position after a breakdown of conciliation, unless the European
Parliament could overrule it by an absolute majority of its members;
the new text would provide for the proposal to have failed in
the absence of agreement in conciliation;
The new text also tries to provide
stricter time limits than at present (once the Council does not
approve all of the European Parliament's amendments in second
reading a meeting of the Conciliation Committee would have to
be convened within six weeks, extendable to eight weeks if necessary).
Moreover an accompanying non-binding declaration states that
"in no case should the actual period between the second reading
by the European Parliament and the outcome of the Conciliation
Committee exceed nine months". Finally, the text seeks to
prevent too much flexibility in the consideration of European
Parliament amendments in conciliation by stating "in fulfilling
this task, the Conciliation Committee should address the common
position on the basis of the amendments proposed by the European
Parliament".
10 As distinct from a majority of members present and voting. Back