Consultation procedure

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The Consultation procedure is one of the legislative procedures of the European Community, the 1st of the three pillars of the European Union.

Under this procedure the European Commission sends its proposal to both the Council of the European Union and the European Parliament, but it is the Council that officially consults Parliament and other bodies such as the Economic and Social Committee and the Committee of the Regions.

However, the Council is not bound by Parliament's position by any other consulted body, but only by the obligation to consult the Parliament, so the Parliament can only delay the adoption, but not change the text or prevent its adoption.

If the Council amends a Commission proposal it must do so unanimously.

The procedure applies in particular to the Common Agriculture Policy.

In its opinion on the Intergovernmental Conference in February 2000, the European Commission argued in favour of extending the procedure to the conclusion of trade agreements between the Community and one or more countries or international organisations.

In some cases, consultation is compulsory because the legal basis requires it and the proposal cannot become law unless Parliament has given its opinion.

In other cases, consultation is optional and the Commission will simply suggest that the Council consult Parliament.

In all cases, Parliament can:

• approve the Commission proposal;
• reject it;
• or ask for amendments.

The areas covered by the consultation procedure are:

• Police and judicial cooperation in criminal matters
• Revision of the Treaties
• Discrimination on grounds of sex, race or ethnic origin, religion or political conviction, disability, age or sexual orientation
• EU citizenship
• Agriculture
• Visas, asylum, immigration and other policies associated with the free movement of persons
• Transport (where it is likely to have a significant impact on certain regions)
• Competition rules
• Tax arrangements
• Economic policy
• "Enhanced co-operation" - i.e. the arrangement allowing a group of member states to work together in a particular field even if the others do not wish to join in yet.

In some areas, such as taxation, the Council's decision has to be unanimous.

See also: Cooperation procedure, codecision procedure.