Europaudvalget 2017-18
EUU Alm.del Bilag 265
Offentligt
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To:
The President of the European Council
The President of the Council of the European Union
The President of the European Commission
The President of the Eurogroup
The Hague, December 20th, 2017
Dear President Tusk, Prime Minister Ratas, President Juncker and President Dijsselbloem,
During a plenary meeting of the Conference of Parliamentary Committees for Union Affairs of
Parliaments of the European Union (COSAC) held in Tallinn on 26-28 November 2017, delega-
tions of the national parliaments of the European Union and the European Parliament discussed
how the EU can be brought closer to its citizens. National parliaments can play a large role in
this. However, one of the conclusions of this discussion was that more transparency of political
decision-making is needed within the EU. More openness facilitates better public and parlia-
mentary debates before votes take place, and afterwards ensures that citizens know how their
governments voted. Transparency could thus create more accountability for the outcomes of
political decision-making, as well as making decision-making process itself more legitimate by
opening it up for input from citizens, stakeholders, media and national parliaments.
In order to attain a higher level of transparency and thereby political legitimacy of the EU, we,
the undersigned delegations to the COSAC, propose four actions which we believe your institu-
tions must take. We invite you to discuss these proposals amongst yourselves and inform us on
how you will implement them in due course. The four actions are:
1. Legislative documents must systematically be made public without delay
We call upon the Council to start applying the Transparency Regulation (Regulation 1049/2001)
as intended and in line with the Court's case law. This means that within the Council, routine
procedures and working methods must be established to carefully assess whether a new docu-
ment should be made available to the public immediately, or whether one of the exceptions in
Article 4 of the Transparency Regulation applies. This assessment must be made on a docu-
ment-by-document basis and directly upon circulation among Member State governments. The
Council should also broaden the definition of "legislative document" in order to include presi-
dency conclusions, state-of-play documents and multi-column texts.
2. The Council must adopt more specific and detailed rules regarding reporting
on legislative deliberations
We call upon the Council to standardize the reporting on Council meetings and preparatory
Council meetings involving the creation of legislation and to establish these standards in its
rules of procedure. This means that a comprehensive agenda must be distributed for each
meeting in which legislation is discussed. Furthermore, the minutes of the meetings must pro-
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vide details on the files discussed, the points of discussion, submissions made by the Member
States and any voting results, either formal or interim/informal, even if no progress was made.
Additionally, the legislative process could further be enhanced by regular public exchanges of
views at COREPER or at a ministerial level, for instance every three months or after every five
working-group meetings. Adopting these rules will be the first step in making the Council more
transparent for national parliaments.
3. Informal but influential bodies must be formalized and, at the very least, start
applying the Transparency Regulation internally
We call upon the European Council, the Council when meeting informally (for instance in EU-27
Brexit) and the Eurogroup to start applying the Transparency Regulation and to develop rules
of procedure that are in line with the standards developed in EU legislation and case law. This
will enhance transparency in a proactive and voluntary manner and at the same time leave
room for these bodies to refuse access to documents according to Article 4 of the Transparency
Regulation.
4. Negotiations on the Transparency Regulation must be reopened in order to
align the Regulation with the expanded requirements
We call upon the Council and the Commission to reopen the negotiations on the Transparency
Regulation and to establish a general approach in the near future so that the inter-institutional
negotiations may start. This general approach should at least align the Transparency Regula-
tion with the expanded requirements under Article 15(3) TFEU to encompass all of the EU's
bodies, offices and agencies. However, this should not obstruct the rights granted by the cur-
rent Transparency Regulation and its case law.
We attach a position paper prepared by the Dutch delegation on this issue for your information
and the legal advice the Dutch parliament received from its parliamentary attorney. We are
aware of the many reforms that have already been implemented on the issue of transparency,
also by your institutions. However, we believe that some of the core issues as outlined above
have been neglected for far too long. We urge you to discuss these proposals in a serious and
constructive manner. We invite you to inform the COSAC ahead of its next plenary meeting in
Bulgaria in June 2018 on the actions you have taken in response to our four points.
Yours sincerely,
Malik Azmani
Chairman of the Standing Committee
on European Affairs,
House of Representatives of the Netherlands
Gediminas Kirkilas
Chairman of the European Affairs Committee,
Seimas of the Republic of Lithuania
Bastiaan van Apeldoorn
Chairman of the Standing Committee
on European Affairs,
Senate of the Netherlands
Peter Luykx,
Member of the European Affairs Committee,
Chamber of Representatives, Belgium
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Christine Defraigne
President of the Senate,
Senate of Belgium
Izabela Kloc
Chairwoman of the European Union Affairs
Committee,
Sejm of the Republic of Poland
Jarosław Obremski
Deputy-Chair of the Foreign and European
Union Affairs Committee,
Senate of the Republic of Poland
Angelos Votsis
Member of the House Standing Committee of
Foreign and European Affairs,
House of Representatives, Cyprus
Martin Klus
Vice-Chairman of the European Affairs Com-
mittee,
Slovak National Council
Stefan Schennach
Deputy Chair of the Committee on European
Union Affairs,
Federal Council of the Republic of Austria
Paolo Tancredi
Vice-Chairman of the EU Policy Committee,
Chamber of Deputies, Italy
Robin, Lord Teverson
Chairman of the EU Energy and Environment
Sub-Committee,
House of Lords, United Kingdom
Václav Hampl
Chairman of the Committee on EU Affairs,
Senate, Czech Republic
Marc Angel
Chairman of the Committee on Foreign and
European Affairs, Defense, Cooperation and
Immigration,
Chamber of Deputies, Luxembourg
Kamal Izidor Shaker
Chair of the Committee on EU Affairs,
National Assembly, Republic of Slovenia
Ioanneta Kavvadia
Vice-Chair of the Committee for European
Affairs,
Hellenic Parliament
Richárd Hörcsik
Chairman of the Committee on European
Affairs,
National Assembly of Hungary
Ondřej Benešík
Chairman of the Committee on European
Affairs,
Chamber of Deputies, Czech Republic
Sir William Cash
Chairman of the European Scrutiny
Committee,
House of Commons, United Kingdom
Kristian Vigenin
Chair of the Committee on European Affairs
and Oversight of the European Funds,
National Assembly of Bulgaria
Vannino Chiti
Chair of the Standing Committee on EU
Policies,
Senate of the Republic, Italy
Erik Christensen
Chairman of the European Affairs Committee
Parliament of Denmark
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Edward Zammit Lewis
Chairman of the Foreign and European Affairs
Committee
House of Representatives of Malta
Regina Bastos
Chairwoman of the European Affairs Commit-
tee
Assembly of the Republic, Portugal
Gabriela
Crețu
Chairwoman of the European Affairs Commit-
tee
Romanian Senate
Jonas Eriksson
Chair of the Committee on EU Affairs
Parliament of Sweden
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