EU: Decision-making Procedures (Hansard, 4 July 2003)

§ Lord Pearson of Rannoch
To ask Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 17 June (WA 90), whether they will set out in the Official Report the policy areas which became subject to qualified majority voting or co-decision after entry into force of the Single European Act 1987. [HL3564]

§ Baroness Symons of Vernham Dean
Under the Single European Act, 12 articles were either moved to, or were introduced subject to, qualified majority voting:

altering or suspending autonomously duties in the Common Commercial Tariff;

free movement of workers;

freedom of third country nationals established in the Community to provide services;

co-ordination of exchange policies to liberalise movement of capital;

extension of the Treaty Title on Transport to sea and air transport;

guidelines and conditions for establishing the internal market;

measures establishing the internal market (other than fiscal provisions, those relating to the free movement of persons or the rights and interests of employed persons;

mutual recognition of national measures in areas affecting the internal market that had not yet been harmonised;

health and safety of workers;

implementing decisions relating to the European Regional Development Fund;

adoption of specific R&D programmes within the unanimously agreed multi-annual framework programme; and

adoption of certain measures in Environment Title if this had been approved unanimously in the Council.

No articles were subject to the co-decision procedure as this was introduced by the Treaty of Maastricht.

§ Lord Pearson of Rannoch
asked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 17 June (WA 90), whether they will set out in the Official Report the policy areas which became subject to qualified majority voting or co-decision after entry into force of the Treaty on European Union 1993 (Maastricht). [HL3565]
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§ Baroness Symons of Vernham Dean
In the Treaty of Maastricht, 30 articles were either moved to, or introduced subject to, qualified majority voting:

decisions implementing common foreign and security policy joint actions, if use of QMV is agreed unanimously by Council;

decisions implementing Justice and Home Affairs (JHA) joint actions, if use of QMV is agreed unanimously in Council;

potentially, application of Article 100c of EC Treaty to some aspects of JHA, if unanimously agreed by the Council;

movement of capital to or from third countries;

safeguard measures;

movement of capital and payments to implement sanctions;

establishing a list of third country nationals who require visas;

broad economic guidelines;

bail-out fund in the event of a natural disaster;

definitions for applying prohibition on assuming financial liability;

excessive deficits procedure;

harmonising coins;

ECSB statutes;

exchange rate agreements;

Economic and Financial Committee;

consultation of Economic and Monetary Institute (EMI);

mutual assistance in the event of balance of payments difficulties;

decision on the position of the Community at international level as regards issues of particular relevance to EMU;

protective measures (EMU);

moving to stage III of EMU;

stage III EMU derogations;

education;

public health;

consumer protection;

TENs guidelines;

development co-operation;

regulations and conditions for performance of ombudsman's tasks;

allowances of members of ESC;

measures to implement sanctions;

transport safety;

certain environmental measures; and

determination of salaries, allowances and pensions of officials of Commission, ECJ and Court of Auditors.

Fifteen articles were made subject to the co-decision procedure:

free movement of workers;
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right of establishment;

treatment of foreign nationals;

mutual recognition of diplomas;

provisions on the self-employed;

free movement of services;

internal market measures;

mutual recognition in the internal market context;

education;

culture (with unanimity);

public health;

consumer protection;

TENs guidelines;

multi-annual framework R&D programmes (with unanimity), and

environment.

§ Lord Pearson of Rannoch
asked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 17 June (WA 90), whether they will set out in the Official Report the policy areas which became subject to qualified majority voting or co-decision after entry into force of the Treaty of Amsterdam 1999. [HL3566]

§ Baroness Symons of Vernham Dean
Under the Treaty of Amsterdam, 24 articles were moved to, or were introduced subject to, qualified majority voting (QMV):

suspension of member state rights (including voting rights) if breach of fundamental principles is established by unanimity, and subsequently variation or revocation of such measures (Treaty of European Union (TEU) & Treaty Establishing the Economic Community (TEC));

adoption of common foreign and security policy (CFSP) joint actions, common positions or any other decision based on a common strategy (subject to an emergency brake, and no QMV for decisions have military or defence implications);

any decision implementing a CFSP joint action or common position (subject to an emergency brake, and no QMV for decisions have military or defence implications);

measures to implement certain Justice and Home Affairs (JHA) decisions;

authorisation of closer co-operation to develop the area of freedom, security and justice (subject to an emergency brake);

authorisation of closer co-operation in the TEC (subject to emergency brake);

compensatory aid for imports of raw materials;

co-ordination of provisions laid down by law, regulation or administrative action for special treatment for foreign nationals (right of establishment);
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establishing list of third countries whose nationals who are exempt from visas (only European Parliament (EP) consultation) and a uniform format for visas;

procedures and conditions for issuing visas and rules on a uniform visa (five years from e.i.f. of Amsterdam Treaty);

adoption of the Research Framework Programme;

adapting or supplementing the Research Framework Programme;

setting up of joint undertakings in R&T development;

employment guidelines (only EP consultation);

employment incentive measures;

Customs co-operation;

social exclusion;

approval of agreements concluded by management and labour;

equality of opportunity and treatment of men and women;

public health;

transparency (access to documents);

combating fraud against the Community's financial interests;

statistics;

establishment of an independent advisory body on data protection; and

outermost regions.

Under the Treaty of Amsterdam, 27 Articles were made subject to the Co-decision procedure:

employment incentive measures;

rules to prohibit discrimination on grounds of nationality;

provisions for facilitating the exercise of citizens' rights to move and reside freely within the territory of the member states (with unanimity);

internal market-related rules on social security for Community immigrant workers (with unanimity);

certain directives on training and access to the professions (with unanimity);

co-ordination of provisions laid down by law, regulation or administrative action for special treatment of foreign nationals;

co-ordination of provisions laid down by law, regulation or administrative action in member states concerning the taking up and pursuit of activities as self-employed persons;

procedures and conditions for issuing visas and rules on a uniform visa (five years from e.i.f. of Amsterdam Treaty);

common rules applicable to international transport to and from the territory of a member state or passing across the territory of one or more member states; the conditions under which non-resident carriers may operate transport services WA144 within a member state; and measures to improve transport safety;

transport policy (sea &air transport);

employment incentive measures;

customs co-operation;

social policy articles formerly in the Social Protocol, except for those aspects subject to unanimity;

equal opportunities and treatment for men and women (social policy);

implementing decisions relating to the European Social Fund;

measures to contribute to the achievement of vocational training objectives;

public health: minimum requirements regarding quality and safety of organs; veterinary and phytosanitary measures with the direct objective of the protection of public health;

public health: other measures;

European Regional Development Fund (ERDF) implementing decisions;

adoption of certain research measures;

Community action in order to achieve its environmental objectives;

development co-operation;

general principles for transparency (access to documents);

combating fraud affecting the financial interests of the Community;

statistics, and

establishment of independent advisory authority on data protection.

§ Lord Pearson of Rannoch
asked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 17 June (WA 90), whether they will set out in the Official Report the policy areas which became subject to qualified majority voting or co-decision after entry into force of the Treaty of Nice 2002. [HL3567]

§ Baroness Symons of Vernham Dean
Under the Treaty of Nice 46 Articles were moved to, or were introduced subject to, qualified majority voting:

determination that there is a clear risk of a serious breach by a member state of fundamental principles (four-fifths majority required) (Treaty on European Union (TEU) Art. 7(1));

appointment of common foreign and security policy (CFSP) special representatives (TEU Art. 23(2)) with emergency brake;

conclusion of international agreements in order to implement a CFSP joint action of common position, or on matters covered by TEU Titles V and VI for which QMV is required for the adoption of internal decisions or measures (TEU Art. 24);
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procedure for authorising enhanced co-operation under TEU Title V (TEU Arts. 27(c) & 44) with emergency brake;

decision to hold in abeyance a member state's request to participate in a CFSP enhanced co-operation activity (TEU Art. 27(e));

procedure for establishing enhanced co-operation under TEU Title VI, following referral to the European Council (TEU Art. 40a);

procedure for authorising enhanced co-operation under the Treaty Establishing the Economic Community (TEC), following referral to the European Council (TEC Art. 11);

incentive measures (excluding harmonisation) to combat discrimination (TEC Art. 13(2));

provisions facilitating the exercise of the right of citizens of the Union to move and reside within the territory of the member states—with caveats (TEC Art. 18);

measures establishing standards and procedures for carrying out checks on persons at external borders (following agreement on measures concerning the crossing of such borders) (from 1 May 2004) (Political Declaration on TEC Art. 67);

measures establishing the conditions under which third country nationals shall have the freedom to travel during a period of no more than three months (from 1 May 2004) (Political Declaration on TEC Art. 67);

criteria and mechanisms for determining the member state responsible for considering asylum applications (TEC Art. 63(1)(a)), provided that the Council has already unanimously defined common rules and basic principles;

minimum standards on reception of asylum seekers (TEC Art. 63(1)(b)), provided that the Council has already unanimously defined common rules and basic principles;

minimum standards with respect to the qualification of third country nationals as refugees (TEC Art. 63(1)(c)), provided that the Council has already unanimously defined common rules and basic principles;

minimum standards on the procedures in member states for granting or withdrawing refugee status (TEC Art. 63(1)(d)), provided that the Council has already unanimously defined common rules and basic principles;

minimum standards for giving temporary protection to displaced persons/refugees (TEC Art. 63(2)(a)), provided that the Council has already unanimously defined common rules and basic principles;

measures on illegal immigration and illegal residence (from 1 May 2004) (Political Declaration on TEC Art. 67);

measures improving and simplifying co-operation in civil law matters (except family law cases), inc. cross-border service of judicial WA146 documents, evidence taking, recognition/enforcement of decisions (TEC Art. 65(a));

measures promoting the compatibility of the rules applicable in member states concerns the conflict of laws and of jurisdictions (except family law cases) (TEC Art. 65(b));

measures eliminating obstacles to the good functioning of civil proceedings (except family law cases) (TEC Art. 65(c));

measures to ensure co-operation between the relevant departments of the administrations of the member states, and between those departments and the Commission, in the areas covered by Title IV (from 1 May 2004) (TEC Art. 66);

measures in the event of severe difficulties in the supply of certain products (TEC Art. 100(1));

community financial assistance, under certain conditions, to a member state which is in difficulties or is seriously threatened with severe difficulties caused by natural disasters or exceptional circumstances beyond its control (TEC Art. 100(2));

measures necessary for the rapid introduction of the euro in member states without a derogation (TEC Art. 123(4));

negotiation and conclusion of international agreements on trade in services and trade-related aspects of intellectual property (with caveats) (TEC Art. 133(5));

potentially, measures in some areas of social protection, following agreement by unanimity to move to QMV (TEC Art. 137(2));

measures supporting the action of member states on industry matters (TEC Art. 157(3));

specific actions for economic and social cohesion outside the structural funds (Tec Art. 159);

From 1 January 2007 asks, priority objectives, organisation and rules applicable to the structural funds (TEC Art. 161(1));

creation of a cohesion fund (delayed deadline) (TEC Art. 161(2));

economic, financial and technical co-operation with third countries (TEC Art. 181a);

approval of the MEPs' statute (except rules or conditions relating to the taxation of MEPs) (TEC Art. 190(5));

laying down regulations governing political parties at European level, inc. funding (TEC Art. 191(2));

appointment of the Secretary-General and Deputy Secretary-General of the Council (TEC Art. 207(2));
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extension of the scope of Art. 210 to cover the salaries, allowances and pensions of the members and Registrar of the Court of First Instance (CFI) (TEC Art. 210);

nomination and appointment of the President and members of the Commission (TEC Art. 214);

filling a vacancy in the Commission caused by death, compulsory retirement or resignation (TEC Art. 215);

approval of the European Court of Justice's rules of procedure (TEC Art. 223(6));

approval of the CFI's rules of procedure (TEC Art. 224(5));

approval of the Judicial Panels' rules of procedure (TEC Art. 225a(5));

appointment of the members of the Court of Auditors (TEC Art. 247(3));

approval of the Court of Auditors' rules of procedure (TEC Art. 248(4));

appointment of the Economic and Social Committee members (TEC Art. 259(1));

appointment of the Committee of the Regions members (TEC Art. 263); and

financial Regulations/rules concerning the responsibility of financial controllers, authorising officers and accounting officers as of' 2007 (TEC Art. 279(1)(a&b)).

Under the Treaty of Nice, 16 articles and key sub-articles were made subject to the co-decision procedure:

incentive measures (excluding harmonisation) to combat discrimination (TEC Art. 13(2));

measures on the crossing of external borders establishing standards and procedures for carrying out checks on persons at such borders (following agreement on measures concerning the crossing of external borders) (Political Declaration on TEC Art. 62(2)(a));

measures establishing the conditions under which third country nationals shall have the freedom to travel during a period of no more than three months (from 1 May 2004) (Political Declaration on TEC Art. 62(3);

criteria and mechanisms for determining the member state responsible for considering asylum applications (TEC Art. 63(1)(a));

minimum standards on reception of asylum seekers (TEC Art. 63(1)(b));

minimum standards with respect to the qualification of third country nationals as refugees (TEC Art. 63(1)(c);

minimum standards on the procedures in member states for granting or withdrawing refugee status (TEC Art. 63(1)(d));

minimum standards for giving temporary protection to displaced persons/refugees (TEC Art. 63(2)(a));
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measures on illegal immigration and illegal residence (from 1 May 2004) (Political Declaration on TEC Art. 63(3)(b));

measures improving and simplifying the system for cross-border service of judicial documents (except family law cases) (TEC Art. 65(a));

measures promoting the compatibility of the rules applicable in member states concerning the conflict of laws and of jurisdictions (except family law cases) (TEC Art. 65(b));

measures eliminating obstacles to the good functioning of civil proceedings (except family law cases) (TEC Art. 65(c));

potentially, measures in some areas of social protection, following agreement by unanimity to move to QM V and codecision (TEC Art. 137(2));

measures supporting the action of member states on industry matters (TEC Art. 157(3));

specific actions for economic and social cohesion outside the structural funds (TEC Art. 159); and

laying down regulations governing political parties at European level, inc. funding (TEC Art. 191(2)).