Brussels, 22/10/2010 (Agence Europe) - The EU Council challenges the framework agreement on relations between the European Parliament and the European Commission signed on 20 October in Strasbourg (see EUROPE 10240). It announces that the framework agreement “cannot be applied to the Council”. In a statement adopted Thursday 21 October, the Council considers that the agreement could change the institutional balance set out in the treaties in force in so far as it tends to give the European Parliament powers that are not conferred upon it in the treaties, especially with regard to international agreements. The Council points out in its statement that “the Treaties define exhaustively the respective powers conferred on the institutions (Article 13(2) TEU). Those powers may not be modified or supplemented by the institutions themselves either unilaterally or by agreement between them”. The Council is particularly concerned by the provisions on international agreements, infringement proceedings against member states and the transmission of classified information to the European Parliament.
International agreements. As far as the negotiation of international agreements is concerned, the framework agreement makes it an obligation for the Commission to take the EP's comments into account throughout negotiation procedure and to forward a whole series of documents to it (especially draft negotiating directives, projects for the amendment of negotiating directives and draft texts to be negotiated). Such obligations, together with that weighing on the Commission to take account of the EP's comments, are not stipulated in the treaty, confirms an analysis by the Council's legal department. The framework agreement also provides for the Commission to facilitate participation of an EP delegation as observers at meetings organised under its responsibility before and after international negotiating sessions. This would also mean that the EP would be authorised to attend EU internal coordination meetings. As the Council's legal department notes, the treaty provides for the Council to be the only institution with the authority to decide what committee will be consulted, and who should be a part of it.
Transmission of confidential information. The framework agreement contains detailed provisions on the forwarding of “confidential information” from the Commission to the EP. The Council denounces the fact that it had not been consulted although the protection of classified information is a “question of common interest”, the legal service notes. Also, the possibility of access to classified information for MEPs who are not accredited to receive such information is not in line with the texts applicable and could be detrimental to the confidence placed in the classified information management system approved by the Union, it states.
Infringement proceedings against member states. Another example cited by the Council is the fact that the Commission has undertaken to give the EP a right of access to information concerning infringement proceedings against member states. Again, such a right of access is not foreseen in the treaty, the Council's legal department points out. Possible application of such a provision would therefore be detrimental to the legitimate interests of member states concerned, it states.
The Council therefore announced on Thursday that it would refer to the Court of Justice any act or action by the EP or the Commission taken in application of the framework agreement provisions and that would be injurious to the interests of the Council or to the prerogatives that the treaties confer upon it. (H.B./transl.jl)