DRAFT FRAMEWORK AGREEMENT EP-COMMISSION

A. Proposal for timing of the revision procedure

PHASE 1
11/01/2010 (BRX) 2nd Meeting Working Party - Formulation of EP-Negotiation
18:00 - 19:00 Team position on key points for phase 1 (proposal see below)

14/01/2010 Conference of Presidents: Endorsement of EP-key points and

timing

18/01/2010 (STR) 3rd Meeting Working Party - Preparation for first meeting
17:30 - 18:15 between the EP-Negotiation Team and the Commission

19/01/2010 (STR) Meeting of the Working Party with President-elect Barroso -

16:00 - 17:30 Exchange of views on key points

21/01/2010 Conference of Presidents: Draft resolution of Political groups on

election of the new Commission including key requests

25/01/2010 (Possibly) Extraordinary meeting Conference of Presidents -

President-elect Barroso

Before vote on the • Debate in plenary on outcome of the hearings, including

Commission: debate on framework agreement and vote on a resolution
26/01/2010 • Internal discussions in the Political groups
(or February part- • Political commitment of President-elect Barroso on key
session) proposals in plenary before the vote on the Commission
• Vote of approval of new Commission

PHASE 2
After the vote on the Finalisation of negotiations, if possible by Easter 2010
Commission
Endorsement of the result by the Conference of Presidents and
referral to the AFCO committee

B. Proposal of selection for EP key priorities for the first phase of the negotiations on
the revision of the EP-Commission Framework Agreement (for 2009-2014)
1. Principle of equal treatment for Parliament and Council of Ministers:
Equal treatment by the Commission of Council (including national experts) and
Parliament, i.e. access to meetings, preparatory work, in particular, provision of identical
information from the Commission to the Parliament as submitted to Council on
legislative and budgetary matters (including preparatory documents)

2. Legislative initiative requests:

• Legislative initiative requests from Parliament (Art. 225 TFEU): Statement by the
Commission President in the part-session following the adoption of any
legislative initiative report on the concrete follow up and timing. Commitment of
Commission President to come forward in principle with a proposal following
adoption of a legislative initiative report by Parliament after one year or to include
the proposal in the next year's annual legislative and work programme
• Legislative initiative requests under the citizens' initiative: Commitment for a
close and early cooperation between Parliament and Commission

3. Detailed review of Better Law-Making Interinstitutional Agreement:

• Update of the current practice under the agreement, including issues such as
impact assessment, simplification, withdrawal, soft law,
transposition/implementation, structural questions and transparency with
improved flow of information through the use of electronic media
• Commitment by EP and Commission on key changes in preparation of trilateral
negotiations with Council for an adaptation of the agreement to the Lisbon Treaty

4. Improvements of accountability of the Executive:

• Consultation of the Parliament on any planned revision of the Code of Conduct of
Commissioners
• Individual resignation of Commissioners at the request of Parliament and
enhancement of Parliament's rights on the issue of replacement of
Commissioners, planned portfolio reshuffles and unpaid leave during election
campaigns
• Possibility for parliamentary committees to hold hearings of Special
Representatives and key ambassadorial nominees, and of Executive Directors
nominees of regulatory agencies
• Improvement of arrangements of Question Time with Commissioners following
the model of the existing Question Hour with the Commission President

5. Full involvement of Parliament in international negotiations:

• Full and complete involvement of the Parliament at every stage of international
negotiations (including definition of negotiation mandate), in particular on trade
matters and other negotiations involving the consent procedure, in line with Art.
218 TFEU
 • Full access to EU facilities for Parliament's delegations to international
conferences, including access to internal EU coordination meetings

6. Improved arrangements for the Programming:

• Presentation of selected key initiatives from the Commission first in plenary and
only afterwards to the public (timing of meetings of the Commission to be adapted to the
plenary agenda in Strasbourg and Brussels)
• Commitment of the Commission to initiate quickly, according to Art 17 TEU, the
"Union's annual and multiannual programming with a view to achieving interinstitutional
agreements"
• Debate and agreement between the Parliament and the Commission on a common
Annual Legislative and Work Programme, including on proposals for simplification, soft
law and withdrawals.
• Commission to justify when it cannot deliver individual proposals under the
"comply or explain principle".

ANNEX - BACKGROUND INFORMATION

Since 1990, relations between the European Parliament and the European Commission
have been governed by a Framework Agreement (initially called "code of conduct"),
which has been updated since then every five years. The current Agreement dates from
26 May 2005, and included, inter alia, provisions aimed at strengthening the political
responsibility and legitimacy of the Commission, extending constructive dialogue,
improving the flow of information between the two Institutions and improving the
coordination of procedures and planning. In addition, both institutions agreed on specific
implementing measures for the forwarding of confidential Commission documents and
information and on the timetable for the Commission’s legislative and work programme.

It was established that the implementation of the Framework Agreement and its Annexes
should be assessed periodically by the two Institutions, and their revision should be
considered, in the light of practical experience, at the request of one of the institutions.
Moreover, the Framework Agreement should be reviewed following the entry into force
of the Treaty of Lisbon and should take into account the experiences of the last five
years.

Recent decisions of the Conference of Presidents

At its meeting of 19 November 2009, the Conference of Presidents held an exchange of

views on inter-institutional relations with President BARROSO, during which Mr
Barroso outlined several informal key points for the revision of the Framework
Agreement and during which inter alia the following points were emphasised in relation
to the renewal of the EP-EC Framework Agreement:
• Parliament would welcome a 'special partnership' with the Commission, not least in
order to strengthen the Community method;

• the desirability of regular attendance by President BARROSO and, where appropriate,

other Commissioners, at the Conference of Presidents;

• when using its right of initiative, the Commission should take greater account of the
Parliament's views expressed in its resolutions for legislative initiatives.

At its meeting of 26 November 2009, the Conference of Presidents nominated a

negotiating team from Parliament to conduct the bilateral talks on revision of the
Framework Agreement, to be composed of

o Mr LEHNE (Chair), Chair of the Conference of Committee Chairs

o Mr SWOBODA, Vice-Chair of the S&D Group
o Ms WALLIS, Vice-President
o Ms HARMS, Co-Chair of the Greens/EFA Group
o Ms ROTH-BEHRENDT, Vice-President

Mr LEHNE, as Chair of this negotiating team, was invited to report to the Conference of
Presidents on the progress made on a regular basis, in order to enable the Conference to
give guidance, as necessary. The working party met for the first time on Monday
14 December 2009 and subsequently on 11 January 2010.

By letter of 2 December 2009, Mr DAUL, Chair of the EPP Group, requests that
the issue of the composition of the negotiating team be revisited. Mr CASINI, the
Chair of the Constitutional Affairs Committee has also proposed, by letter of 1
December 2009, that Mr RANGEL, rapporteur, be included in the group's
composition.

Recent decisions of the negotiating team

At its meeting on 11 January 2010 the negotiating team agreed on a proposal for the
timing of the revision procedure and key requests for the first phase of the
negotiations as follows: