Annex to the questionnaire
- Parliaments of member states -

Protocol on the role of the national parliaments in the European Union (Treaty of Amsterdam)

Extract concerning the informations for national Parliaments of Member States

Treaty establishing the European Communiy

Article 207 - 3 (Ex Article 151 - 3)

Council's Rules of Procedure

Article 7 - Cases where the Council acts in its legislative capacity

Protocol on the role of the national parliaments
in the European Union (Treaty of Amsterdam)

I. Information for national Parliaments of Member States

[...]

2. Commission proposals for legislation as defined by the Council in accordance with Article 151.3 of the Treaty establishing the European Community, shall be made available in good time so that the Government of each Member State may ensure that its own national parliament receives them as appropriate.

3. A six-week period shall elapse between a legislative proposal or a proposal for a measure to be adopted under Title VI of the Treaty on European Union being made available in all languages to the European Parliament and the Council by the Commission and the date when it is placed on a Council agenda for decision either for the adoption of an act or for adoption of a common position pursuant to article 189b or 189c, subject to exceptions on grounds of urgency, the reasons for which shall be stated in the act or common position.

Treaty establishing the European Community
Article 207-3 (Ex Article 151-3)

[...]

3. The Council shall adopt its Rules of Procedure.

For the purpose of applying Article 255(3), the Council shall elaborate in these Rules the conditions under which the public shall have access to Council documents. For the purpose of this paragraph, the Council shall define the cases in which it is to be regarded as acting in its legislative capacity, with a view to allowing greater access to documents in those cases, while at the same time preserving the effectiveness of its decision�making process. In any event, when the Council acts in its legislative capacity, the results of votes and explanations of vote as well as statements in the minutes shall be made public.

Council's Rules of Procedure
(5 June 2000)

Article 7 - Cases where the Council acts in its legislative capacity

The Council acts in its legislative capacity within the meaning of the second subparagraph of Article 207(3) of the EC Treaty when it adopts rules which are legally binding in or for the Member States,by means of regulations,directives,framework decisions or decisions,on the basis of the relevant provisions of the Treaties,with the exception of discussions leading to the adoption of internal measures,administrative or budgetary acts,acts concerning interinstitutional or international relations or non-binding acts (such as conclusions,recommendations or resolutions).

Where legislative proposals or initiatives are submitted to it the Council shall refrain from adopting acts which are not provided for by the Treaties,such as resolutions or declarations other than those referred to in Article 9.