Council

1. Council Article 16 TEU; Articles 237-243 TFEU

2. General remarks Role: Voice of EU member governments, adopting EU laws and coordinating EU policies. Members: Government ministers from each EU country, according to the policy area to be discussed. President: Each EU country holds the presidency on a 6-month rotating basis. Established in: 1958 (as Council of the European Economic Community). Location: Brussels (Belgium).

3. General remarks • The Council constitutes the representation of the Member States. • Originally, each of the three Communities had it particular Council. The Merger Treaty of 8 April 1965 replaced these three bodies by a single Council common to the three Communities.

4. General remarks • In the Council, government ministers from each EU country meet to discuss, amend and adopt laws, and coordinate policies. • Together with the European Parliament, the Council is the main decision-making body of the EU. Not to be confused with!!!!!!!!!!!!: • European Council - quarterly summits, where EU leaders meet to set the broad direction of EU policy making • Council of Europe - not an EU body at all.

5. What does the Council do? Article 16(1)TEU: „The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the Treaties”.

6. What does the Council do? • Negotiates and adopts EU laws, together with the European Parliament, based on proposals from the European Commission; • Coordinates EU countries' policies; • Develops the EU's foreign & security policy, based on European Council guidelines; • Concludes agreements between the EU and other countries or international organisations; • Adopts the annual EU budget - jointly with the European Parliament.

7. What does the Council do? Negotiates and adopts EU laws: The Council is an essential EU decision-maker. It negotiates and adopts legislative acts in most cases together with the European Parliament through the ordinary legislative procedure, also known as 'co-decision'. Co-decision is used for policy areas where the EU has exclusive or shared competence with the member states. In these cases, the Council legislates on the basis of proposals submitted by the European Commission.

8. What does the Council do? Coordinates member states' policies: The Council is responsible for coordinating member states' policies in specific fields, such as: • economic and fiscal policies: The Council coordinates member states' economic and fiscal policies to strengthen economic governance in the EU, monitors their budgetary policies and strengthens the EU's fiscal framework, and also deals with the legal and practical aspects of the euro, financial markets and capital movements;

9. What does the Council of the EU do? • education, culture, youth and sport: The Council adopts EU policy frameworks and work plans in these areas which set out the priorities for cooperation between member states and the Commission; • employment policy: The Council draws up annual guidelines and recommendations for member states, based on European Council conclusions on the EU employment situation;

10. What does the Council of the EU do? Develops the EU's common foreign and security policy: The Council defines and implements EU foreign and security policy on the basis of guidelines set by the European Council. This also includes the EU's development and humanitarian aid, defence and trade. Together with the High Representative of the Union for Foreign Affairs and Security Policy, the Council ensures the unity, consistency and effectiveness of the EU's external action.

11. What does the Council of the EU do? Concludes international agreements: The Council provides the mandate to the Commission to negotiate on behalf of the EU agreements between the EU and non-EU countries and international organisations. At the end of negotiations, the Council decides on the signature and conclusion of the agreement, based on a proposal from the Commission.

12. What does the Council of the EU do? Adopts the EU budget: • The Council adopts the EU budget together with the Parliament. • The budget period covers a calendar year. It is usually adopted in December and starts running on 1 January the following year.

13. Council composition Article 16(2) TEU: „The Council shall consist of a representative of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote”.

14. Council composition • The Council constitutes the EU institution in which the Member States are represented on the government level. • After the last enlargement on 7 July 2013 consists of 28 members. • If no representative is available, the Member State concerned may be represented by the minister of another Member State on whom it may transfer its right to vote (Article 239TFEU)

15. Council composition Article 16(6) TEU: „The Council shall meet in different configurations, the list of which shall be adopted in accordance with Article 236 of the Treaty on the Functioning of the European Union”.

16. Council composition • The Council meets in 10 different 'configurations', depending on the subject being discussed. • There is no hierarchy among the Council configurations, although the General Affairs Council has a special coordination role and is responsible for institutional, administrative and horizontal matters.

17. Council composition Depending on the configuration, each country sends their minister responsible for that policy area: General affairs; Foreign affairs; Economic and finances affairs; Justice and home affairs; Employment, social policy, health and consumer affairs; Competiveness(internal market, industry and research); Transport, telecommunication and energy; Agriculture and fisheries; Environment and Education, youth and culture.

18. Council meetings • Council meetings are attended by representatives from each Member State at a ministerial level. Participants can therefore be ministers or state secretaries. They have the right to commit the government of their country and cast its vote. • European Commissioners responsible for the areas concerned are also invited to Council meetings. • The European Central Bank is invited when they have launched the legislative procedure.

19. Council meetings • Meetings are chaired by the minister of the member state holding the 6-month Council presidency. • The exception is the Foreign Affairs Council, which is usually chaired by the High Representative of the Union for Foreign Affairs and Security Policy.

20. Public sessions • The Council meets in a public session when it discusses or votes on a proposal for a legislative act. In these cases, the meeting agenda includes a 'legislative deliberation' part. The first deliberation on important non-legislative proposals is also public. • In addition, the Council regularly holds public debates on important issues affecting the interests of the EU and its citizens.

21. The presidency of the Council of the EU • A rotating presidency: The presidency of the Council rotates among the EU member states every 6 months. During this 6-month period, the presidency chairs meetings at every level in the Council, helping to ensure the continuity of the EU's work in the Council.

22. The presidency of the Council of the EU Member states holding the presidency work together closely in groups of three, called 'trios'. This system was introduced by the Lisbon Treaty in 2009. The trio sets long-term goals and prepares a common agenda determining the topics and major issues that will be addressed by the Council over an 18 month period. On the basis of this programme, each of the three countries prepares its own more detailed 6-month programme. The current trio is made up of the presidencies of the Romania, Finland and Croatia.

23. The Romanian presidency of the Council of the EU: 1 January - 30 June 2019 • The priorities of the Romanian Presidency are driven by this motto: cohesion, a common European value, understood as unity, equal treatment and convergence. • The presidency programme focuses on four main priorities: Europe of convergence, a safer Europe, Europe as a strong global actor and Europe of common values.

24. The tasks of the presidency The presidency is responsible for driving forward the Council's work on EU legislation, ensuring the continuity of the EU agenda, orderly legislative processes and cooperation among member states. To do this, the presidency must act as an honest and neutral broker. • The presidency has two main tasks:

25. The tasks of the presidency 1. Planning and chairing meetings in the Council and its preparatory bodies: • The presidency chairs meetings of the different Council configurations (with the exception of the Foreign Affairs Council) and the Council's preparatory bodies, which include permanent committees such as the Permanent Representatives Committee (Coreper), and working parties and committees dealing with very specific subjects; • The presidency ensures that discussions are conducted properly and that the Council's rules of procedure and working methods are correctly applied.

26. The tasks of the presidency 2. Representing the Council in relations with the other EU institutions: The presidency represents the Council in relations with the other EU institutions, particularly with the Commission and the European Parliament. Its role is to try and reach agreement on legislative files through trilogues, informal negotiation meetings and Conciliation Committee meetings. The presidency works in close coordination with: • the President of the European Council; • the High Representative of the Union for Foreign Affairs and Security Policy.

27. Eurozone countries Eurozone countries coordinate their economic policy through the Eurogroup, which consists of their economy and finance ministers. It meets the day before Economic & Financial Affairs Council meetings. Agreements reached in Eurogroup gatherings are formally decided upon in the Council the next day, with only ministers of Eurozone countries voting on those issues.

28. Eurogroup The Eurogroup is an informal body where the ministers of the euro area member states discuss matters relating to their shared responsibilities related to the euro. Tasks: • Its main task is to ensure close coordination of economic policies among the euro area member states. It also aims to promote conditions for stronger economic growth; • The Eurogroup is also responsible for preparing the Euro Summit meetings and for their follow-up.

29. Eurogroup Meetings: • The Eurogroup usually meets once a month, on the eve of the Economic and Financial Affairs Council meeting. The commissioner for economic and financial affairs, taxation and customs and the president of the European Central Bank also participate in the Eurogroup meetings. • The first informal meeting of finance ministers of the euro area countries took place on 4 June 1998 in Luxembourg.

30. Eurogroup President: The Eurogroup elects its president for a term of 2.5 years by a simple majority of votes. The incumbent president is Mário Centeno. He was elected to the post on 4 December 2017. Mário Centeno is Minister for Finance of Portugal.

31. How does the Council vote? Article 16(8) TEU: The Council meetsin public when it deliberates and votes on a draft legislative act. To this end, each Council meeting is to be divided into two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities.

32. How does the Council vote? Depending on the issue under discussion, the Council of the EU takes its decisions by: • simple majority (15 member states vote in favour); • qualified majority (55% of member states, representing at least 65% of the EU population, vote in favour); • unanimous vote (all votes are in favour).

33. How does the Council vote? • The Council can vote only if a majority of its members is present. A member of the Council may only act on the behalf of one other member. • The Council can vote on a legislative act 8 weeks after the draft act has been sent to national parliaments for their examination. The national parliaments have to decide whether the draft legislation complies with the principle of subsidiarity. Earlier voting is only possible in special urgent cases.

34. How does the Council vote? • When the Council votes on a proposal by the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, a qualified majority (QMV)is reached if two conditions are met: • 55% of member states vote in favour - in practice this means 16 out of 28; • the proposal is supported by member states representing at least 65% of the total EU population.

35. How does the Council vote? This procedure is also known as the 'double majority' rule. Blocking minority: • The blocking minority must include at least four Council members representing more than 35% of the EU population.

36. How does the Council vote? • The 'standard' voting method in the Council. • QMVis the most widely used voting method in the Council. • It's used when the Council takes decisions during the ordinary legislative procedure, also known as co-decision. About 80% of all EU legislation is adopted with this procedure.

37. How does the Council vote? Special cases: 1. When not all Council members participate in the vote, for example due to an opt-out in certain policy areas, a decision is adopted if 55% of the participating Council members, representing at least 65% of the population of the participating member states, vote in favour. 2. When the Council votes on a proposal not coming from the Commission or the high representative a decision is adopted if: • at least 72% of Council members vote in favour; • they represent at least 65% of the EU population.

38. How does the Council vote? Article 239TFEU: „Where a vote is taken, any Member of the Council may also act on behalf of not more than one other member”. This article allows the transfer of the right to vote by one member to another State’s Council Member. The member is obliged to follow the instruction of the other Member State’s government.

39. How does the Council vote? Abstentions: An abstention under QMVvoting counts as a vote against. Abstention is not the same as not participating in the vote. Any member can abstain at any time.

40. Public meetings • In the interests of a greater transparency of its activities the Lisbon Treaty provided that the Council meetings are open for the public when the Council deliberates and votes on a draft legislative act. • In other cases the meetings are not public.

41. Council meetings Article 237TFEU: „The Council shall meet when convened by its President on his own initiative or at the request of one of its Members or of the Commission”. This provision defines the taskof the Council’s President of convening the Council.

42. Coreper The Council is supported by the Committee of Permanent Representatives of the Governments of the Member States to the European Union (Coreper) and more than 150 highly specialised working parties and committees, known as the 'Council preparatory bodies'.

43. Coreper- Article 240 (1) TFEU A committee consisting of the Permanent Representatives of the Governments of the Member States is responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the latter.

44. Coreper- Article 240 (1) TFEU Coreper is the Council's main preparatory body. All items to be included into the Council's agenda (except for some agricultural matters) must first be examined by Coreper, unless the Council decides otherwise. It is not an EU decision-making body, and any agreement it reaches can be called into question by the Council, which alone has the power to make decisions.

45. Coreper- Article 240 (1) TFEU Main tasks: • coordinates and prepares the work of the different Council configurations; • ensures consistency of the EU's policies; • works out agreements and compromises which are then submitted for adoption by the Council.

46. Coreper- Article 240 (1) TFEU Composition and configurations: • Coreper is composed of the 'permanent representatives' from each member state, who, in effect, are their country's ambassadors to the EU. They express the position of their government. • The two configurations of Coreper (Coreper I and II) meet every week.

47. Coreper I Coreper I is composed of each country's deputy permanent representatives. Its meetings are chaired by the deputy permanent representative of the country holding the presidency of the General Affairs Council.

48. Coreper I Role: Coreper I prepares the work of 6 Council configurations: • agriculture and fisheries (only financial issues or technical measures on veterinary, phytosanitary or food legislation); • competitiveness; • education, youth, culture and sport; • employment, social policy, health and consumer affairs; • environment; • transport, telecommunications and energy.

49. Coreper II Coreper II is composed of each member states' permanent representatives. It is chaired by the permanent representative of the country holding the presidency of the General Affairs Council.

50. Coreper II Role: Coreper II prepares the work of 4 Council configurations: • economic and financial affairs; • foreign affairs; • general affairs; • justice and home affairs.