Introduction to the legislative process.
In European Community legislation, there are different types of legal
instrument..
- Regulations, which are binding and directly applicable
in all Member States;
- Directives, which are binding as to the result to be
achieved but leaves the Member State to decide on the method of achieving
that result;
- Decisions, which are binding upon whom they are addressed;
and
- Opinions and Recommendations, which
have no binding force.
In order to reach agreement on European legislation, there are different
decision-making processes according to the policy area under consideration.
For Health and Safety legislation the majority of proposals are considered
under the co-decision procedure, where proposals must have the agreement of
both the European Parliament and the Council of Ministers before it can become
EU legislation. The co decision procedure is outlined below:
European Commission
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European Parliament (EP) - first reading
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- The proposal from the European Commission (EC), goes for its ‘First
Reading’ in the European Parliament (EP), and is referred to one of
the relevant permanent standing committees who examine the proposal.
- An MEP (Member of the European Parliament) from the committee is appointed
to be the rapporteur who studies the
proposal and prepares a draft report. The standing committee discuss the
report and agree any amendments.
- At this stage HSE have the opportunity to influence the EP’s Opinion
by providing briefing for MEPs and the Rapporteur.
- The report is debated at the Plenary and the EP gives an Opinion on the
proposal which is agreed by an absolute majority of votes. The ‘First
Reading’ Opinion is then sent to the Council of Ministers.
- At this stage, the EC will often adopt a modified proposal, taking on
board the EP amendments. .
Council of Ministers - first reading
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- At the same time the European Parliament (EP) is having its first reading,
the Council of Ministers is having its ‘First Reading’ in a
Council Working Group.
- The working group is attended by UKRep
(UK Representatives) who attempt to secure an agreement that is, as far
as possible, in line with the UK negotiating position.
- At this stage HSE, on behalf of the UK Government, have the opportunity
to influence the Council by providing UKRep with briefing on the UK position.
This can be used to influence representatives from other Member States.
- COREPER (Committee of Permanent Representatives)
then review the agreements reached in the Council Working Group and attempt
to resolve outstanding points before the proposal is forwarded to the Council
of Ministers.
- The Council reaches a Common Position taking
into account the Opinion of the EP at its First Reading.
- The Common Position is agreed by Qualified
Majority Voting (QMV). The Common Position is sent to the EP for ‘Second
Reading’ and to the European Commission.
If the European Parliament made no amendments, or if all of the amendments
were approved by the Council of Ministers, then the proposal will become a
Directive for implementation.
European Parliament (EP) - second reading
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- This process is much the same as the First Reading though this time the
European Parliament only has 3 months to complete a ‘Second Reading’
of the Council’s Common Position and to give its Second Opinion on
the proposal, which is then sent back to the Council of Ministers.
If the European Parliament approves the Council’s Common Position,
and its amendments then the proposal will become a Directive for implementation.
Council of Ministers - second reading
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- The Council of Ministers produces its Second Common Position taking on
board the amendments proposed by the European Parliament.
- If the European Parliament agree to the Council’s Second Common
Position, then the proposal is adopted and it goes forward for implementation
in Member State domestic law.
If the Council of Ministers cannot agree on the amendments proposed by the
European Parliament then a Conciliation
Committee is convened.
Conciliation
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- · The Conciliation Committee prepares a joint text for approval
by the Council of Ministers (by qualified majority voting - QMV) and by
the European Parliament (EP).
- Trilogues are convened between the
Council of Ministers, the EP and the European Commission to try to work
out a compromise.
- If there is agreement at Conciliation then the Council of Ministers and
the EP have 6 weeks to adopt the text. Once adopted the proposal goes forward
for implementation into Member State domestic law.
If there is no agreement in the Conciliation Committee, the proposal for
legislation fails.
Adoption
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- ·When the proposal has been adopted by both the Council of Ministers
and the European Parliament (EP), then it is published in the Official Journal
of the European Community .
Implementation:- Transposistion into GB law
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- Implementation is the process of taking standards set within the European
Directive and putting them into Great Britain’s law. This process
is also known as transposition.
- A directive is published in the Official Journal of the European Community
with a deadline for Implementation, which is usually 3 years.
- The HSE produces a Consultation Document with draft regulations. There
is a 3 month consultation period, where the Consultation Document is issued
to the HSE consultation directory and anyone who requests it from the HSE/C
website. The comments are then analysed and discussed with stakeholders.
- The amended Regulations are recommended to UK Ministers by the HSC. The
Ministers then sign the regulations, they are laid before the UK Parliament
and come into operation.
- The British government must show that existing/ new legislation provides
the same standards as set out in the European Directive.
- The European Commission (EC) will seek an implementation report from Member
States after the agreed implementation date.
