Council and Procedure

The Council of the European Union

SUMMARY OF:

Article 16 Treaty on European Union

Articles 237 Treaty on the Functioning of the European Union

Articles 238 Treaty on the Functioning of the European Union

Articles 239 Treaty on the Functioning of the European Union

Articles 240 Treaty on the Functioning of the European Union

Articles 241 Treaty on the Functioning of the European Union

Articles 242 Treaty on the Functioning of the European Union

Articles 243 Treaty on the Functioning of the European Union

They set out the role, composition and functioning of the Council of the European Union, which represents the governments of the EU countries.

Role

1.Negotiates and adopts EU laws, in general together with the European Parliament, based on proposals from the European Commission.

2.Coordinates EU countries’ policies.

3.Develops the EU’s foreign and security policy, based on European Council guidelines.

4.Concludes agreements between the EU and other countries or international organisations.

5.Adopts the annual EU budget, jointly with the European Parliament.

Composition

There are no fixed members of the Council.

The Council meets in 10 different configurations, each corresponding to the policy area being discussed. Depending on the configuration, each country sends their minister responsible for that policy area.

The Foreign Affairs Council has a permanent chairperson — the EU High Representative of the Union for Foreign Affairs and Security Policy. All other Council meetings are chaired by the relevant minister of the country holding the rotating EU presidency.
The General Affairs Council is responsible for ensuring consistency in the work of the different Council configurations and for preparing for European Council meetings.

Voting

All discussions and votes in the Council take place in public.
In most cases, the Council decides by qualified majority. This means that, as a general rule, for a decision to be passed:
55% of countries (with 28 members, so 16 countries);
representing at least 65% of the total EU population vote in favour.
To block a decision, at least countries are needed (representing at least 35% of the total EU population).

For certain sensitive matters, such as foreign policy and taxation, the Council decides by unanimity.
A simple majority of countries will suffice for procedural and administrative issues.

DOCUMENTS

Consolidated version of the Treaty on European Union — Title III — Provisions on the institutions — Article 16 (OJ C 202, 7.6.2016, p. 24)

Consolidated version of the Treaty on the Functioning of the European Union — Part six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 1 — The institutions — Section 3 — The Council — Article 237 (OJ C 202, 7.6.2016, p. 153)

Consolidated version of the Treaty on the Functioning of the European Union — Part six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 1 — The institutions — Section 3— The Council — Article 242 (OJ C 202, 7.6.2016, p. 155)

Rules of procedure of the Council of the European Union

Decision 2009/937/EU adopting the Council’s rules of procedure

The rules of procedure lay down provisions governing the proceedings of the Council of the European Union (the Council).
The power to adopt rules of procedure is conferred upon the Council by Article 240(3) of the Treaty on the Functioning of the European Union.
Annex III is amended each year in order to reflect the changes in the figures concerning the population of EU countries and the population of each EU country for implementing the requirements concerning qualified majority voting in the Council.
The rules have also been amended more substantially once — in 2014 (Decision 2014/692/EU, Euratom), with regard to votes by qualified majority.

Scope

The Council is the EU institution where the representatives of the EU countries meet. Each country is represented by one representative at ministerial level who may commit the government of that country. Together with the European Parliament, the Council exercises legislative functions. It adopts legislative acts, following the ordinary or special legislative procedure. The Council jointly with the European Parliament exercises budgetary functions. Finally, the Council performs policy-making and coordinating functions.

The Council configurations

The Council meets in 10 different configurations according to the subject matter dealt with.
Except for two configurations (General Affairs Council and Foreign Affairs Council), the mandate of each configuration is not determined by the Treaties and follows from practice.
The General Affairs Council ensures consistency in the work of the different Council configurations. It prepares the meetings of the European Council. It is responsible for overall coordination of policies, institutional and administrative questions, horizontal dossiers which affect several EU’s policies;
The Foreign Affairs Council is responsible for the whole of the EU’s external action, namely common foreign and security policy, common security and defence policy, common commercial policy, development cooperation and humanitarian aid.

The presidency of the Council of the European Union

The presidency of the Council, with the exception of the Foreign Affairs configuration, is held by pre-established groups of 3 EU countries for a period of 18 months. Each member of the group chairs all Council configurations, with the exception of the Foreign Affairs configuration, for 6 months. The group of 3 EU countries prepares a draft programme of Council activities for an 18-month period which is endorsed by the General Affairs Council after holding a public debate on it.

The Foreign Affairs Council has a permanent chairperson: the High Representative of the Union for Foreign Affairs and Security Policy.
It is possible for the High Representative to be replaced by the EU country holding the Council Presidency. It is normally the case when the Council is convened to discuss common commercial policy issues.The presidency is the driving force in carrying out the Council’s work.

Coreper, committees and working parties

The Council is supported by the committee of the permanent representatives of the governments of the EU countries (Coreper) and by over 150 specialised working groups and committees which are the preparatory bodies of the Council.
Coreper prepares the work of all the meetings of the Council and carries out the tasks assigned to it by the Council. Coreper 2 is composed of permanent representatives, while Coreper 1 is composed of deputy permanent representatives.

Coreper:
ensures consistency of the EU’s policies and actions and the observance of the principles of legality, subsidiarity, proportionality, as well as of the rules establishing the powers of EU institutions, bodies, offices and agencies, and the rules on procedure, transparency and the quality of drafting;
examines in advance all the items on the agenda for a Council meeting and ensures preparation of each file for the Council;
for each file, it endeavours to reach an agreement at its level, which is then submitted to the Council;
may set up committees or working groups to carry out preparatory tasks or studies;
may adopt a number of procedural decisions, such as decision to hold a Council meeting in a place other than Brussels or Luxembourg, decision to use a written procedure, etc.

Functioning of the Council

The Council has its seat in Brussels, but holds its meetings in Luxembourg in April, June and October. Sessions of the Council are convened by the president, on its own initiative or at the request of one of its members or of the European Commission. The President sets the provisional agenda for each meeting of the Council.

The quorum must be checked before a vote is taken. This is reached if the majority of members of the Council are physically present. The Council votes on the initiative of its president. The president, furthermore, opens a voting procedure on the initiative of a member of the Council or of the Commission, provided that a majority of the Council’s members so decides.

Qualified majority voting (QMV)

On 1 November 2014, a new procedure for QMV, the ‘double majority’ rule, was introduced.

When the Council votes on a proposal by the Commission or the EU’s High Representative for Foreign Affairs and Security Policy, a qualified majority is reached if 2 conditions are met:
55% of the members of the Council vote in favour — i.e. 15 out of 27 (since the United Kingdom’s withdrawal from the EU);
the proposal is supported by the members of the Council representing at least 65% of the EU population.
When the Council does not act on a proposal by the Commission or the High Representative, a decision is adopted if:
there are 72% of the members of the Council voting in favour; and
they represent at least 65% of the EU population.

Transparency and publication of Council acts

The deliberations and votes on legislative acts are open to the public.
The Council’s first deliberation on important new non-legislative proposals containing legally binding rules in or for EU countries is open to the public.
On a decision taken by the Council or by Coreper, the Council holds public debates on important issues affecting the interests of the EU and its citizens. The Council also holds a number of policy debates in public.

Legislative acts must be published in the Official Journal (OJ), as must regulations and directives which are addressed to all EU countries, decisions which do not specify to whom they are addressed, international agreements concluded by the EU. Article 17 of the Rules of Procedure lists other acts to be published in the OJ, including when Council or Coreper so decides.

They have applied since 1 December 2009.

DOCUMENTS

Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, pp. 35-61)

Successive amendments to Decision 2009/937/EU have been incorporated into the original text. This consolidated version is of documentary value only.

Council Decision (EU) 2020/430 of 23 March 2020 on a temporary derogation from the Council’s Rules of Procedure in view of the travel difficulties caused by the COVID-19 pandemic in the Union (OJ L 88I, 24.3.2020, pp. 1-2)