REPORT on the revision of the Framework Agreement on relations between the European Parliament and the European Commission
27.2.2026 - (2025/2243(ACI))
Committee on Constitutional Affairs
Rapporteur: Sven Simon
PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
on the revision of the Framework Agreement on relations between the European Parliament and the Commission
The European Parliament,
– having regard to the draft Framework Agreement on relations between the European Parliament and the Commission,
– having regard to Article 295 of the Treaty on the Functioning of the European Union,
– having regard to the commitment made by then candidate for President of the European Commission Ursula von der Leyen, at the extraordinary meeting of the Conference of Presidents of 2 July 2024, to revise and improve the Framework Agreement,
– having regard to the decision of the Conference of Presidents of 11 July 2024 to launch the revision of the Framework Agreement on relations between the European Parliament and the European Commission,
– having regard to the letter of 12 July 2024 from the President of the European Parliament Roberta Metsola to Ursula von der Leyen, then candidate for President of the European Commission,
– having regard to the joint statement of 21 October 2024 by European Parliament President Roberta Metsola and European Commission President Ursula von der Leyen, on the revision of the framework agreement, in particular the nine political priorities identified therein,
– having regard to the decision of the Conference of Presidents of 11 September 2025, endorsing the outcome of the negotiations and the provisional agreement reached on 9 September 2025 (hereinafter referred to as ‘the agreement’),
– having regard to Rule 154(1) of its Rules of Procedure,
– having regard to the report of the Committee on Constitutional Affairs (A10-0031/2026),
A. whereas the Treaties provide for an express legal basis for interinstitutional agreements, which allows for the conclusion of such agreements in compliance with the Treaties, including the principle of conferral, which does not allow for any extension of the competences of the EU institutions beyond the scope of the Treaties,
B. whereas the Treaty on the European Union and the Treaty on the Functioning of the European Union place the Parliament on an equal footing with the Council in the ordinary legislative procedure and in budgetary matters, and enhances its role in the EU’s external policy, with the exception of the role relating to Common Foreign and Security Policy,
C. whereas Article 122 TFEU provides for a legal basis for the Council to adopt exceptional measures on the basis of a proposal from the Commission,
D. whereas Article 225 TFEU confers on the Parliament a right of initiative to request the Commission to submit a proposal for a Union act,
E. whereas the Framework Agreement on relations between the Parliament and the Commission dates back to 2010, and interinstitutional cooperation has evolved significantly since then, as reflected in the “Parliament 2024” reform and the subsequent revision of the Parliament’s Rules of Procedure adopted in April 2024; and whereas the Framework Agreement seeks to ensure consistency with the Treaties and to give practical effect to the European Parliament’s control, scrutiny and budgetary prerogatives,
F. whereas the two Institutions attach the utmost importance to the principle of institutional balance and the principle of mutual sincere cooperation, as enshrined in Article 13(2) TEU,
G. whereas a joint assessment of the implementation of the Framework Agreement carried out at technical level, in agreement with the President of the Commission, emphasised the need to update and improve some of its provisions so as to better reflect the institutional balance and to fully implement Parliament’s prerogatives as enshrined in the Treaties, in respect of Parliament’s legislative, budgetary and scrutiny prerogatives,
1. Considers the revised agreement to be an institutional advance for Parliament in its relations with the Commission, while stressing that any such advance must have a basis in the Treaties; considers that the revised agreement strengthens political responsibility and legitimacy, extends constructive dialogue, improves the flow of information between the two Institutions and improves cooperation on procedures and planning, including powers of scrutiny and inquiry;
2. Welcomes, in particular, the following improvements contained in the revised agreement:
- the affirmation of the principle of equal treatment of Parliament and Council and the role of the Commission as an honest broker, in particular by ensuring a comprehensive, timely, detailed and transparent flow of information to Parliament enabling meaningful democratic scrutiny, as shown by the commitment to inform the Parliament of policy initiatives and legislative proposals not included in the Commission Work Programme, and to present key initiatives in plenary immediately after their adoption by the college of commissioners;
- the obligation of the President-elect to present to Parliament detailed information on the composition of the incoming College of Commissioners, including its planned structure;
- the Commission’s commitment to ensuring that its impact assessments are conducted under its responsibility through a transparent procedure that guarantees an independent assessment;
- the strengthening of the Commission’s political accountability by ensuring the presence of the competent Members of the Commission in Parliament, both in plenary and in committees;
- the assurance that Members of the Commission will in general be summoned by Parliament as part of its political oversight function, and that Parliament can request that a specific commissioner be present in plenary where an agenda item so justifies; in particular, the assurance that, during Question Time, for a duration of up to 90 minutes, Members of the Commission whose portfolios relate to the theme of the questions will be present, in order to ensure a meaningful, open, and democratic debate between Members of the European Parliament and Members of the Commission;
- the obligation for Members of the Commission to attend committee meetings, and that only in the event that the presence of a commissioner is not explicitly required, can he or she be replaced by a high-ranking official who is in a position to provide substantive answers to questions from the committee members;
- the commitment of the Commission that, whenever it intends to withdraw a proposal, the competent Member of the Commission will attend the committees’ meetings to discuss that intention;
- the commitment of the Commission to provide a comprehensive justification of, and information on, the exceptional and emergency cases where its proposals are based on Article 122 TFEU, both when submitting the request to Parliament and after the implementation of the legal act concerned;
- the strengthening of Parliament’s right of initiative under Article 225 TFEU, including proposals to amend or repeal existing legislation, by enhancing the follow-up by the Commission to Parliament’s requests;
- the commitment of the Commission that, whenever it requests the Parliament to decide urgently on a proposal, it will do so in writing and provide a justification for the request;
- the improved flow of information regarding international agreements at all stages of the negotiation, thereby strengthening democratic accountability and transparency in external policy;
3. Considers that democratic scrutiny over the Commission not only requires an appropriate legal framework, but also a sense of political responsibility and commitment; draws attention to the formal exchange between Members of Parliament and the Commission during the plenary session, including during Question Time, as a cornerstone of European democracy; commits to further invest in and to foster a parliamentary culture so that attendance of those sessions is ensured on both sides, enabling a meaningful and substantive exchange between Parliament and Commission;
4. Regrets the Commission’s failure to indicate whether new legislative initiatives will be accompanied by an impact assessment, and to provide a proper justification where no impact assessment is provided;
5. Expects the Commission to fully comply with both the new and existing provisions of the Agreement. Regular monitoring by the European Parliament of the Agreement’s implementation should be put in place from its entry into force;
6. Approves the conclusion of the agreement annexed hereto;
7. Instructs its President to sign the agreement with the President of the Commission and arrange for its publication in the Official Journal of the European Union;
8. Instructs its President to forward this decision, including its annex, to the Council, the Commission, and the parliaments of the Member States, for information.
ANNEX: FRAMEWORK AGREEMENT ON RELATIONS BETWEEN THE EUROPEAN PARLIAMENT AND THE EUROPEAN COMMISSION
THE EUROPEAN PARLIAMENT AND THE EUROPEAN COMMISSION (hereinafter referred to as “the two Institutions”),
– having regard to the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU), in particular Article 295 thereof, and the Treaty establishing the European Atomic Energy Community (hereinafter referred to as “the Treaties”),
– having regard to the Interinstitutional Agreements and texts governing relations between the two Institutions,
– having regard to Parliament’s Rules of Procedure,
– having regard to the political guidelines issued, and the relevant statements made, by the President-elect of the Commission on 18 July 2024 and to the joint statement on the political principles that would form the basis of a revision of the 2010 Framework Agreement on relations between the European Parliament and the European Commission issued by the President-elect of the Commission and the President of Parliament on 21 October 2024,
A. whereas the Lisbon Treaty strengthens the democratic legitimacy of the Union’s decision-making process,
B. whereas the two Institutions attach the utmost importance to the effective transposition and implementation of Union law,
C. whereas this Framework Agreement does not affect the powers and prerogatives of Parliament, the Commission or any other institution or organ of the Union but seeks to ensure that those powers and prerogatives are exercised as effectively and transparently as possible,
D. whereas this Framework Agreement should be interpreted in conformity with the institutional framework as organised by the Treaties,
E. whereas the Commission will take due account of the respective roles conferred by the Treaties on Parliament and the Council, in particular with reference to the basic principle of equal treatment laid down under point 9,
F. whereas, according to Article 10(1) TEU, the functioning of the Union is founded on representative democracy,
G. whereas, according to Article 17(8) TEU, the Commission, as a body, is responsible to Parliament,
H. whereas it is appropriate to update the Framework Agreement concluded in October 2010[1] and amended in February 2018[2], and to replace it by the following text,
I. whereas the two Institutions recall their aim to cooperate in order to update and simplify legislation and to avoid administrative burdens, while ensuring that the objectives of the legislation are met,
J. whereas the two Institutions are committed to further improving the flow of information and fostering the presence of their respective Members in plenary sittings and other meetings of Parliament; whereas, in this context, Parliament will regularly assess the situation with a view to further improve the presence of Members during plenary sittings,
agree as follows:
I. SCOPE
1. To better reflect the special partnership between Parliament and the Commission, the two Institutions agree on the following measures to strengthen the political responsibility and legitimacy of the Commission, extend constructive dialogue, improve the flow of information between the two Institutions and improve cooperation on procedures and planning.
They also agree on specific provisions:
– on Commission meetings with national experts, as set out in Annex I;
– on the forwarding of confidential information to Parliament, as set out in Annex II;
– on the negotiation and conclusion of international agreements, as set out in Annex III; and
– on the timetable for the Commission Work Programme, as set out in Annex IV.
II. POLITICAL RESPONSIBILITY
2. After being nominated by the European Council, the President-designate of the Commission will submit to Parliament political guidelines for the President’s term of office in order to enable an informed exchange of views to take place with Parliament before its election vote.
3. The President-elect of the Commission shall inform Parliament about the planned structure and gender balance of the new College of Commissioners in good time before the opening of the procedure in Parliament relating to Parliament’s giving its consent to the new Commission. In conformity with its Rules of Procedure, Parliament shall communicate with the President-elect of the Commission in good time before the opening of the procedures relating to giving its consent to the new Commission. Parliament shall take into account the remarks expressed by the President-elect.
The designated Members of the Commission shall ensure full disclosure of all relevant information, in conformity with the obligation of independence laid down in Article 245 TFEU.
The procedures shall be designed in such a way as to ensure that the entire Commission-designate is assessed in an open, fair and consistent manner.
4. Each Member of the Commission shall take political responsibility for action in the field of which he or she is in charge, without prejudice to the principle of Commission collegiality.
The President of the Commission shall be fully responsible for identifying any conflict of interest which renders a Member of the Commission unable to perform the Member’s duties.
The President of the Commission shall likewise be responsible for any subsequent action taken in such circumstances and shall inform the President of Parliament thereof immediately and in writing.
The participation of Members of the Commission in electoral campaigns is governed by the Code of Conduct for the Members of the European Commission[3].
Members of the Commission may participate in electoral campaigns in elections to the Parliament, including as candidates. They may also be chosen by European political parties as lead candidate (‘Spitzenkandidat’) for the position of President of the Commission.
The President of the Commission shall inform Parliament in due time whether one or more Members of the Commission will stand as candidates in electoral campaigns for elections to the Parliament, as well as of the measures taken to ensure the respect of the principles of independence, integrity and discretion provided for by Article 245 TFEU and the Code of Conduct for the Members of the European Commission.
Any Member of the Commission standing as candidate or participating in an electoral campaign for elections to the Parliament will undertake to refrain from adopting a position in the course of the campaign that would not be in line with the candidate’s duty of confidentiality, or that would infringe the principle of collegiality.
Members of the Commission standing as candidates or participating in electoral campaigns for elections to the Parliament may not use the Commission’s human or material resources for activities linked to the electoral campaign.
5. If Parliament asks the President of the Commission to withdraw confidence in an individual Member of the Commission, the President shall consider whether to request that Member to resign, in accordance with Article 17(6) TEU. The President shall either require the resignation of that Member or explain the refusal to do so before Parliament in the following part-session.
6. Where it becomes necessary to arrange for the replacement of a Member of the Commission during the Member’s term of office pursuant to the second paragraph of Article 246 TFEU, the President of the Commission will seriously consider the result of Parliament’s consultation before giving accord to the decision of the Council.
Parliament shall ensure that its procedures are conducted with the utmost dispatch, in order to enable the President of the Commission to seriously consider Parliament’s opinion before the new Member is appointed.
Similarly, pursuant to Article 246 TFEU, third paragraph, when the remainder of the Commission’s term of office is short, the President of the Commission will seriously consider Parliament’s position.
7. If the President of the Commission intends to reshuffle the allocation of responsibilities amongst the Members of the Commission during its term of office pursuant to Article 248 TFEU, the President shall inform Parliament in due time for the relevant parliamentary consultation with regard to those changes. The President’s decision to reshuffle the portfolios can take effect immediately.
8. When the Commission comes forward with a revision of the Code of Conduct for the Members of the European Commission relating to conflicts of interest or ethical behaviour, it will seek Parliament’s opinion.
III. CONSTRUCTIVE DIALOGUE AND FLOW OF INFORMATION
(i) General provisions
9. The Commission guarantees that it will apply the basic principle of equal treatment for Parliament and the Council, especially as regards access to meetings and the provision of contributions or other information, in particular on legislative and budgetary matters.
10. The Commission shall cooperate with Parliament and the Council on an equal footing, in full respect of the balance between the institutions and the institutional prerogatives conferred on them by the Treaties. Where appropriate, the Commission shall take all necessary initiatives with a view to reconciling the positions of the co-legislators, acting as an honest broker.
11. Within its competences, the Commission shall take measures to better involve Parliament in such a way as to take Parliament's views into account as far as possible in the area of the Common Foreign and Security Policy.
12. A number of arrangements are made to implement the special partnership between Parliament and the Commission, as follows:
– the President of the Commission will at Parliament’s request meet the Conference of Presidents at least twice a year to discuss issues of common interest;
– the President of the Commission will have a regular dialogue with the President of Parliament on key horizontal issues and major legislative proposals. This dialogue should also include invitations to the President of Parliament to attend meetings of the College of Commissioners;
– the President of the Commission or the Member of the Commission responsible for interinstitutional relations is to be invited to attend meetings of the Conference of Presidents and the Conference of Committee Chairs when specific issues relating to plenary agenda-setting, interinstitutional relations between Parliament and the Commission and legislative and budgetary matters are to be discussed;
– meetings shall take place annually between the Conference of Presidents and the Conference of Committee Chairs and the College of Commissioners, to discuss relevant issues including the preparation and implementation of the Commission Work Programme;
– the Conference of Presidents and the Conference of Committee Chairs shall inform the Commission in due time of the results of their discussions having an interinstitutional dimension. Parliament shall also keep the Commission fully and regularly informed of the outcome of its meetings dealing with the preparation of the part-sessions, taking into account the Commission’s views. This is without prejudice to point 57;
– to ensure a regular flow of relevant information between the two Institutions, the Secretaries-General of Parliament and of the Commission shall meet on a regular basis.
13. Each Member of the Commission shall make sure that there is a regular and direct flow of information between the Member of the Commission and the chair of the relevant parliamentary committee.
14. The Commission shall not make public any legislative proposal or any significant initiative or decision before notifying Parliament thereof in writing.
On the basis of the Commission Work Programme, the two Institutions shall identify in advance, by common agreement, key initiatives to be presented in plenary. Parliament may decide that those key initiatives will be presented in the form of a debate scheduled immediately after their adoption by the College of Commissioners. In principle, the Commission will present these initiatives first in plenary and only afterwards to the public.
Similarly, the two Institutions shall identify those proposals and initiatives in respect of which information is to be provided before the Conference of Presidents or conveyed, in an appropriate manner, to the relevant parliamentary committee or its chair.
These decisions shall be taken within the framework of the regular dialogue between the two Institutions, as provided for in point 12, and shall be updated on a regular basis, taking due account of any political developments.
Furthermore, the Commission shall inform Parliament, including its parliamentary committees, in a comprehensive and timely manner, about other upcoming policy initiatives and legislative proposals not included in the Commission Work Programme, which fall under Parliament’s legislative and budgetary prerogatives.
The Commission shall also transmit in a structured manner comprehensive, timely and detailed information to Parliament, including to its parliamentary committees, in order for Parliament to be able to exercise its functions of political control and consultation as laid down in the Treaties.
15. If an internal Commission document – of which Parliament has not been informed pursuant to this Framework Agreement – is circulated outside the institutions, the President of Parliament may request that the document concerned be forwarded to Parliament without delay, in order to communicate it to any Member of Parliament who may request it.
16. The Commission will provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of Union legislation, including soft law and delegated acts. If so requested by Parliament, the Commission may also invite Parliament’s experts to attend those meetings.
The relevant provisions are laid down in Annex I.
17. Within three months after the adoption of a parliamentary resolution, the Commission shall provide information to Parliament in writing on action taken in response to specific requests addressed to it in Parliament’s resolutions, including in cases where it has not been able to follow Parliament’s views.
That period may be shortened where a request is urgent. It may be extended by one month where a request calls for more exhaustive work and this is duly substantiated. Parliament will make sure that this information is widely distributed within the institution.
Parliament will endeavour to avoid asking oral or written questions concerning issues in respect of which the Commission has already informed Parliament of its position through a written follow-up communication.
18. In accordance with point 12, indent 5, Parliament will duly inform the Commission when it intends to draw up a legislative initiative report requesting a proposal for a Union act pursuant to Article 225 TFEU.
Thereafter, the responsible committee shall invite the Commission for an exchange of views on the draft report. Exchanges of views with the Commission and official communications from the Chair to the responsible Members of the Commission shall continue throughout the preparatory process when appropriate.
Any request for a proposal for a Union act made by Parliament pursuant to Article 225 TFEU shall be accompanied by a report detailing the reasons why Parliament considers that a Union act is required for the purpose of implementing the Treaties, also taking into account the expected burden and the financial implications of the act in question. To this aim, the committee responsible for the subject matter may request the Commission to provide technical advice.
The Commission shall give prompt and detailed consideration to requests for proposals for Union acts made by Parliament pursuant to Article 225 TFEU, including proposals to amend or repeal existing legislation.
The Commission shall reply to such requests within three months stating the follow-up it intends to give to them by adopting a specific communication. Thereafter, the Commission may be asked to make a statement in plenary to inform Parliament about the follow-up actions it intends to take, or be invited by the responsible committee to one of its forthcoming meetings to provide such information and to exchange views with the committee.
In full respect of the principles of proportionality and subsidiarity and in line with the Interinstitutional Agreement on Better Law-Making, the Commission shall come forward with a legislative proposal at the latest after one year or shall include the proposal in the following year’s Work Programme. The Commission shall upon request update Parliament on the preparatory work. If the Commission does not submit a proposal, it shall inform the Parliament of the detailed reasons, including in relation to any issues raised by the co-legislators in relation to analyses concerning ‘European added value’ and concerning the ’cost of non-Europe’, and will provide, where appropriate, an analysis of possible alternatives.
When Parliament decides, in the context of the budgetary procedure, to propose a pilot project or a preparatory action in connection with a request for a proposal for a Union act being drawn up or having been adopted by Parliament pursuant to Article 225 TFEU, Parliament shall send its proposal for a pilot project or preparatory action to the Commission with a special mention of the link to the request drawn up or adopted pursuant to Article 225 TFEU.
At the request of Parliament, the Commission shall provide technical expertise and support in the design of such a pilot project or preparatory action. Pilot projects and preparatory actions may only be implemented in the budget provided that the conditions established in Article 58 of the Financial Regulation[4] are met.
19. The Commission shall also commit itself to a close and early cooperation with Parliament on any legislative initiative requests emanating from European citizens’ initiatives.
20. Where initiatives, recommendations or requests for legislative acts are made pursuant to Article 289(4) TFEU, the Commission shall inform Parliament, if so requested, of its position on those proposals before the relevant parliamentary committee.
21. As regards the discharge procedure, the specific provisions laid down in point 40 shall apply.
22. The two Institutions agree to cooperate in the area of relations with national Parliaments.
Parliament and the Commission shall cooperate on the implementation of TFEU Protocol No 2 on the application of the principles of subsidiarity and proportionality. Such cooperation shall include arrangements related to any necessary translation of reasoned opinions presented by national Parliaments.
When the thresholds mentioned in Article 7 of TFEU Protocol No 2 are met, the Commission shall provide the translations of all the reasoned opinions presented by national Parliaments together with its position thereon.
23. The Commission shall inform Parliament of the list of its expert groups set up in order to assist the Commission in the exercise of its right of initiative. That list shall be updated on a regular basis and made public.
Within this framework, the Commission shall, in an appropriate manner, inform the competent parliamentary committee, at the specific and reasoned request of its chair, on the activities and composition of such groups.
24. The two Institutions shall hold, through the appropriate mechanisms, a constructive dialogue on questions concerning important administrative matters, notably on issues having direct implications for Parliament's own administration. When the Commission shares information with the Council on those matters and on their potential financial implications, that information shall be shared simultaneously with the Parliament.
25. When preparing amendments to its Rules of Procedure that would affect Parliament’s relations with the Commission, Parliament shall send those amendments to the Commission in a timely manner before seeking its opinion. If the Commission intends to provide an opinion, it shall do so in good time before the vote on those amendments in the responsible committee. The responsible committee shall consider that opinion and shall engage with the Commission in a meaningful manner before the vote in the responsible committee.
The Member of the Commission responsible for interinstitutional relations shall be given the opportunity to exchange views with Parliament in accordance with the relevant provisions of the Framework Agreement, and to make a statement in plenary before the vote.
26. Where confidentiality is invoked as regards any of the information forwarded pursuant to this Framework Agreement, the provisions laid down in Annex II shall be applied.
(ii) International agreements and enlargement
27. In order to enable Parliament to exercise its function of political control it shall be immediately and fully informed at all stages of the negotiation and conclusion of international agreements, including the definition of negotiating directives. The Commission shall act in a manner to give full effect to its obligations under Article 218 TFEU, while respecting each Institution’s role in accordance with Article 13(2) TEU.
The Commission shall apply the arrangements set out in Annex III.
28. Where the Commission enters into negotiations with third countries concerning any modalities for interparliamentary cooperation under an international agreement, the Commission shall seek Parliament’s views and take them into account.
29. Where the Commission intends to propose provisional application of an international agreement to the Council, it shall inform Parliament as early as possible, and state its reasons for doing so, bearing in mind that Article 218(5) TFEU only allows provisional application when it is necessary.
Without prejudice to its right of initiative and in full respect of the institutional balance, unless duly justified by other circumstances, when the Commission proposes a Council decision on signing and provisional application, it will propose that the Council, in that decision, authorises the Commission to proceed with the notification of provisional application to third parties in such a manner that Parliament is in a position to give its consent under Article 218(6) TFEU within a reasonable period of time. In such a case, Parliament will endeavour to organise the consent procedure in such a way as to ensure that such notification can be transmitted to the third party or parties to the international agreement as quickly as possible after the adoption of the Council decision on signing and provisional application.
30. The Commission will immediately and fully inform Parliament of any proposal made pursuant to Article 218(9) TFEU, as well as of any cases where the Commission makes use of the empowerment conferred upon it pursuant to Article 218(7) TFEU.
31. In light of Article 13(2) TEU and in order to ensure equal flow of information, when the Commission negotiates and concludes non-binding international agreements, it shall inform Parliament subject to the application of the rules on the forwarding of confidential information set out in Annex II.
32. When a third country applies to accede to an international agreement to which the Union is a party and which includes the possibility for contracting parties to object to the accession of a third country, Parliament shall be informed of that application at the same time as Council.
33. The information referred to in point 27 shall be provided to Parliament in sufficient time for it to be able to express its point of view if appropriate, and for the Commission to be able to take Parliament’s views as far as possible into account. This information shall, as a general rule, be provided to Parliament through the responsible parliamentary committees and, where appropriate, at a plenary sitting.
Parliament and the Commission undertake to establish appropriate procedures and safeguards for the forwarding of confidential information from the Commission to Parliament, in accordance with the provisions of Annex II.
34. The two Institutions acknowledge that, due to their different institutional roles, the Commission is to represent the European Union in international negotiations, with the exception of those concerning the Common Foreign and Security Policy and other cases as provided for in the Treaties.
Where the Commission represents the Union in international conferences, it shall, at Parliament’s request, facilitate the inclusion of a delegation of Members of the European Parliament as observers in Union delegations, so that it may be immediately and fully informed about the conference proceedings. The Commission undertakes, where applicable, to systematically inform the Parliament delegation about the outcome of negotiations.
Members of the European Parliament may not participate directly in these negotiations. Subject to the legal, technical and diplomatic possibilities, they may be granted observer status by the Commission. In the event of refusal, the Commission will inform Parliament of the reasons therefor.
In addition, the Commission shall facilitate the participation of Members of the European Parliament as observers in all relevant meetings under its responsibility before and after negotiation sessions.
35. Under the same conditions, the Commission shall keep Parliament systematically informed about, and ensure access, to the extent possible, for Members of the European Parliament forming part of Union delegations to, meetings, including, to the extent possible, preparatory and coordination meetings, of bodies set up by multilateral international agreements, involving the Union, whenever such bodies are called upon to take decisions which require the consent of Parliament or the implementation of which may require the adoption of legal acts in accordance with the ordinary legislative procedure, or decisions which involve substantive financial commitments on the part of the Union in respect of third countries.
36. The Commission shall also give Parliament’s delegation included in Union delegations to international conferences access to use all Union delegation facilities on these occasions, in line with the general principle of good cooperation between the institutions and taking into account the available logistics.
The President of Parliament shall send to the President of the Commission a proposal for the inclusion of a Parliament delegation in the Union delegation no later than 4 weeks before the start of the conference, specifying the head of the Parliament delegation and the number of Members of the European Parliament to be included. In duly justified cases, this deadline can exceptionally be shortened.
The number of Members of the European Parliament included in the Parliament delegation and of supporting staff shall be proportionate to the overall size of the Union delegation.
37. The Commission shall keep Parliament fully informed of the progress of accession negotiations and in particular on major aspects and developments, so as to enable it to express its views in good time through the appropriate parliamentary procedures.
38. When Parliament adopts a recommendation on matters referred to in point 37, pursuant to its Rules of Procedure, and when, for important reasons, the Commission decides that it cannot support such a recommendation, it shall explain the reasons before Parliament, at a plenary sitting or at the next meeting of the relevant parliamentary committee.
(iii) Budgetary implementation
39. Before making, at donors’ conferences, financial pledges which involve new financial undertakings and require the agreement of the budgetary authority, the Commission will inform the budgetary authority and examine its remarks. For all financial pledges, the Commission will use its best efforts to inform the budgetary authority about the sources of finance for the financial commitments.
40. In connection with the annual discharge governed by Article 319 TFEU, the Commission shall forward all information necessary for supervising the implementation of the budget for the year in question, which the chair of the parliamentary committee responsible for the discharge procedure pursuant to Parliament’s Rules of Procedure requests from it for that purpose.
If new aspects come to light concerning previous years for which discharge has already been given, the Commission shall forward all the necessary information on the matter with a view to arriving at a solution acceptable to both sides.
(iv) Relationship with decentralised agencies
41. Nominees for the post of Executive Director of regulatory agencies should come to parliamentary committee hearings.
In addition, in the context of the discussions of the interinstitutional Working Group on Agencies set up in March 2009, the Commission, Parliament and the Council adopted a common approach on the role and position of decentralised agencies in the Union’s institutional landscape, setting out common guidelines for the creation, structure and operation of those agencies, together with funding, budgetary, supervision and management issues.
IV. COOPERATION AS REGARDS LEGISLATIVE PROCEDURES AND PLANNING
(i) Commission Work Programme and the European Union’s programming
42. The Commission shall initiate the Union’s annual and multi-annual programming, with a view to achieving interinstitutional agreements.
43. Every year, the Commission shall present its Work Programme.
44. The two Institutions shall cooperate in accordance with the timetable set out in Annex IV.
The Commission shall take into account the priorities expressed by Parliament.
Without prejudice to its right of initiative, the Commission shall provide as much detail as possible on what is envisaged under each point in its Work Programme, including the legislative and non-legislative initiatives proposed, and the expected timelines.
45. The Commission shall explain when it cannot deliver individual proposals in its Work Programme for the year in question or when it departs from that Work Programme. The Member of the Commission responsible for interinstitutional relations undertakes to report to the Conference of Committee Chairs regularly, outlining the political implementation of the Commission Work Programme for the year in question.
(ii) Procedures for the adoption of acts
46. The Commission undertakes to carefully examine amendments to its legislative proposals adopted by Parliament, with a view to taking them into account in any amended proposal.
When delivering its opinion on Parliament’s amendments under Article 294 TFEU, the Commission undertakes to take the utmost account of amendments adopted at second reading; should it decide, for important reasons and after consideration by the College, not to adopt or support such amendments, it shall explain its decision before Parliament, and in any event in its opinion on Parliament’s amendments by virtue of point (c) of Article 294(7) TFEU.
47. Parliament undertakes, when dealing with an initiative submitted by at least a quarter of Member States, in conformity with Article 76 TFEU, not to adopt any report in the relevant committee before receiving the Commission’s opinion on the initiative.
The Commission undertakes to issue its opinion on such an initiative no later than 10 weeks after it has been submitted.
48. The Commission shall provide a detailed explanation in due time before withdrawing any proposals on which Parliament has already expressed a position at first reading. If so requested by the parliamentary committees responsible, the competent Member of the Commission shall attend the committees’ meetings to discuss the intention of the College of Commissioners to withdraw a proposal, preferably in the context of structured dialogue exchanges.
The Commission shall proceed with a review of all pending proposals at the beginning of the new Commission’s term of office, in order to politically confirm or withdraw them, taking due account of the views expressed by Parliament.
49. For special legislative procedures on which Parliament is to be consulted, including other procedures such as that laid down in Article 148 TFEU, the Commission:
(i) shall take measures to better involve Parliament in such a way as to take Parliament’s views into account as far as possible, in particular to ensure that Parliament has the necessary time to consider the Commission’s proposal;
(ii) shall ensure that Council bodies are reminded in good time not to reach a political agreement on its proposals before Parliament has adopted its opinion. It shall ask for discussion to be concluded at ministerial level after a reasonable period has been given to the members of the Council to examine Parliament’s opinion;
(iii) shall ensure that the Council adheres to the rules developed by the Court of Justice of the European Union requiring Parliament to be reconsulted if the Council substantially amends a Commission proposal. The Commission shall inform Parliament of any reminder to the Council of the need for reconsultation;
(iv) undertakes, if appropriate, to withdraw a legislative proposal that Parliament has rejected. If, for important reasons and after consideration by the College of Commissioners, the Commission decides to maintain its proposal, it shall explain the reasons for that decision in a statement before Parliament.
50. The Commission shall duly follow up requests from the President of Parliament to convene an interinstitutional meeting pursuant to Article 324 TFEU.
51. For its part, in order to improve legislative planning, Parliament undertakes:
(i) to plan the legislative sections of its agendas, bringing them into line with the current Commission Work Programme and with the resolutions it has adopted on that programme, in particular with a view to the improved planning of the priority debates;
(ii) to meet reasonable deadlines, in so far as is useful for the procedure, when adopting its position at first reading under the ordinary legislative procedure or its opinion under the consultation procedure;
(iii) as far as possible to appoint rapporteurs on future proposals as soon as the Commission Work Programme is adopted;
(iv) to consider requests for reconsultation as a matter of absolute priority provided that all the necessary information has been forwarded to it.
52. Parliament and Commission recall that, without prejudice to any other procedures provided for in the Treaties, recourse to Article 122 TFEU is only possible on an exceptional basis and under the strict conditions set out in that provision.
The Commission commits to provide without delay comprehensive justification and information on the exceptional and emergency cases where the proposals by the Commission are based on Article 122 TFEU.
Whenever the proposed legal act may have potential appreciable implications for the Union budget, the procedure set out in the Joint declaration of the European Parliament, the Council and the Commission on budgetary scrutiny of new proposals based on Article 122 TFEU with potential appreciable implications for the Union budget[5], signed on 16 December 2020, shall apply.
At the earliest, three months after the entry into force of the legal act based on Article 122 TFEU, and at appropriate intervals thereafter, the Member of the Commission responsible shall, at the request of the President of Parliament, report on the implementation of the legal act concerned, including an assessment of the legal act.
53. Where justified by unforeseen developments, the Commission may request the Parliament to decide urgently on a proposal.
Such request shall be made in writing and supported by reasons containing the justification for the request and an indication of legally required timelines, where relevant.
Before the vote on the request for an urgent procedure, the Commission will, at its request, be given the opportunity to make a statement in plenary to explain its request.
54. The Commission shall ensure that its impact assessments are conducted under its responsibility by means of a transparent procedure which guarantees an independent assessment. Impact assessments shall be published in due time, taking into consideration a number of different scenarios, including a “do nothing” option, and shall in principle be presented to the relevant parliamentary committee during the phase of the provision of information to national Parliaments under TFEU Protocols No 1 and No 2.
55. In areas where Parliament is usually involved in the legislative process, the Commission shall use soft law, where appropriate and on a duly justified basis, after having given Parliament the opportunity to express its views. The Commission shall provide a detailed explanation to Parliament on how its views have been taken into account when it adopts its proposal.
56. In order to ensure better monitoring of the transposition and application of Union law, the Commission and Parliament shall endeavour to include compulsory correlation tables and a binding time-limit for transposition, which in directives should not normally exceed a period of two years.
In addition to specific reports and the annual report on the application of Union law, the Commission shall make available to Parliament summary information concerning all infringement procedures from the letter of formal notice, including, if so requested by Parliament, on a case-by-case basis and respecting the confidentiality rules, in particular those acknowledged by the Court of Justice of the European Union, on the issues to which the infringement procedure relates.
V. THE COMMISSION’S PARTICIPATION IN PARLIAMENTARY PROCEEDINGS
57. The Commission shall be present, when requested, at the plenary sittings or other meetings of ParliamentThe Commission shall ensure that Members of the Commission are present at plenary sittings either to cover agenda items falling under their responsibility or upon a specific request by Parliament as part of its political oversight function, except when there are duly justified reasons for their non‑attendance. Where specific circumstances of an agenda item so justify, Parliament may request that a specific Member of the Commission should be present in plenary.
Where changes are made to the plenary agendas, the Commission will make every effort to ensure appropriate representation corresponding to the agenda items.
The Parliament shall seek to ensure that, as a general rule, agenda items of the part-sessions falling under the responsibility of a Member of the Commission are grouped together. Where the Commission proposes a particular timing for an agenda item in order to facilitate the attendance of the responsible Member of the Commission, Parliament will seek to accommodate that request.
58. For every part-session, Parliament may invite the Commission for Question Time for a duration of up to 90 minutes on one or more themes to be decided upon by the Conference of Presidents at the latest on the Thursday before the relevant part-session. The Members of the Commission participating in the Question Time shall have a portfolio related to the theme in respect of which questions are to be put to them.
Question Time may also be held with the President of the Commission upon receipt of an invitation from the President of the Parliament.
59. Members of the Commission shall be heard at their request.
Without prejudice to Article 230 TFEU, the two Institutions shall agree on general rules relating to the allocation of speaking time between the Institutions.
The two Institutions agree that their indicative allocation of speaking time should be respected.
60. With a view to ensuring the presence of Members of the Commission, Parliament undertakes to do its best to maintain its final draft agendas.
Where Parliament amends its final draft agenda, or where it moves items within the agenda within a part-session, Parliament shall immediately inform the Commission. The Commission shall use its best endeavours to ensure the presence of the Member of the Commission responsible.
61. The Commission may propose the inclusion of items on the agenda not later than the meeting of the Conference of Presidents that decides on the final draft agenda of a part-session. Parliament shall take the fullest account of such proposals.
62. Parliamentary committees shall seek to maintain their draft agendas and agendas.
Whenever a parliamentary committee amends its draft agenda or its agenda, the Commission shall be immediately informed thereof. In particular, parliamentary committees shall endeavour to respect a reasonable deadline so as to allow for the presence of Members of the Commission at their meetings.
63. The Members of the Commission and the Chairs of their corresponding parliamentary committees, shall together establish an annual schedule for their appearance in the committees corresponding to their portfolio for structured dialogues and other exchanges.
64. When invited, Members of the Commission shall attend parliamentary committee meetings to discuss issues related to specific files or the implementation of Union acts and programmes, or to provide information on matters of concern to the committee, except when there are duly justified reasons for their non-attendance.
Where the presence of a Member of the Commission is not explicitly required at a parliamentary committee meeting, the Commission shall ensure that it is represented by a high-ranking official who is in a position to provide substantive answers to questions from committee members.
65. When information is requested in writing in a timely manner by the committee, the Commission shall reply in time for it to be taken into consideration in the preparation of Parliament’s position. The committee will endeavour to ensure that written requests do not duplicate matters already addressed in the context of a structured dialogue or exchange of views with Members of the Commission.
66. Parliamentary committees will endeavour to coordinate their work, including avoiding parallel meetings on the same issue, and will endeavour not to deviate from the draft agenda, so that the Commission can ensure an appropriate level of representation.
If the presence of a high-level official (Director-General or Director) has been requested at a committee meeting dealing with a Commission proposal, the representative of the Commission shall be allowed to intervene.
VI. FINAL PROVISIONS
67. The Commission confirms its commitment to examine as soon as possible the legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty, in order to assess whether those instruments need to be adapted to the regime of delegated acts introduced by Article 290 TFEU.
As a final goal, a coherent system of delegated and implementing acts, fully consistent with the Treaty, should be achieved through a progressive assessment of the nature and contents of measures currently subject to the regulatory procedure with scrutiny, in order to adapt them in due course to the regime laid down by Article 290 TFEU.
68. The provisions of this Framework Agreement complement the Interinstitutional Agreement on better law-making[6] without affecting it and do not prejudice any further revision thereof.
Parliament and Commission agree on the need to reinforce the existing interinstitutional contact mechanism, at political and at technical level, in relation to better law-making, so as to ensure effective interinstitutional cooperation between Parliament, the Commission and the Council.
69. The Commission commits to initiate the Union’s annual and multiannual programming with a view to achieving interinstitutional agreements, in accordance with Article 17 TEU.
70. During each parliamentary term, the two Institutions shall commonly agree whether the implementation of this Framework Agreement and its Annexes should be reviewed.
Done at …,
For the European Parliament For the European Commission
The President The President
ANNEX I
Commission meetings with national experts
This Annex lays down the modalities for implementation of point 16 of the Framework Agreement.
1. Scope
The provisions of point 16 of the Framework Agreement concern the following meetings:
(1) Commission meetings taking place within the framework of expert groups established by the Commission to which national authorities from all Member States are invited, where they concern the preparation and implementation of Union legislation, including soft law and delegated acts;
(2) ad hoc Commission meetings to which national experts from all Member States are invited, where they concern the preparation and implementation of Union legislation, including soft law and delegated acts.
Meetings of comitology committees are excluded, without prejudice to existing and future specific arrangements concerning the provision to Parliament of information concerning the exercise of the Commission’s implementing powers[7].
2. Information to be transmitted to Parliament
The Commission commits to send Parliament the same documentation it sends to national authorities in relation to the abovementioned meetings. The Commission will transmit those documents, including agendas, to a functional Parliament mailbox at the same time as they are sent to the national experts.
3. Invitation of Parliament’s experts
Upon being requested by Parliament, the Commission may decide to invite Parliament to send Parliament experts to attend Commission meetings with national experts as identified in point 1.
ANNEX II
Forwarding of confidential information to Parliament
1. Scope
1.1. This Annex shall govern the forwarding to Parliament and the handling of confidential information, as defined in point 1.2., from the Commission in connection with the exercise of Parliament's prerogatives and competences. The two Institutions shall act in accordance with their mutual duties of sincere cooperation, in a spirit of complete mutual trust and in the strictest conformity with the relevant Treaty provisions.
1.2. 'Information' shall mean any written or oral information, whatever the medium and whoever the author may be.
1.2.1. 'Confidential information' shall mean 'EU classified information' (EUCI) and sensitive non-classified (SNC) information, as defined in points 1.2.2. and 1.2.3.
1.2.2. 'EU classified information' (EUCI) shall mean any information and material, classified as 'TRÈS SECRET UE/EU TOP SECRET, 'SECRET UE/EU SECRET', 'CONFIDENTIEL UE/EU CONFIDENTIAL' or 'RESTREINT UE/EU RESTRICTED' or bearing equivalent national or international classification markings, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the Union, or of one or more of the Member States, whether such information originates within the Union or is received from Member States, third countries or international organisations.
(a) TRÈS SECRET UE/EU TOP SECRET: this classification shall be applied only to information and material the unauthorised disclosure of which could cause exceptionally grave prejudice to the essential interests of the Union or of one or more of the Member States.
(b) SECRET UE/EU SECRET: this classification shall be applied only to information and material the unauthorised disclosure of which could seriously harm the essential interests of the Union or of one or more of the Member States.
(c) CONFIDENTIEL UE/EU CONFIDENTIAL: this classification shall be applied to information and material the unauthorised disclosure of which could harm the essential interests of the Union or of one or more of the Member States.
(d) RESTREINT UE/EU RESTRICTED: this classification shall be applied to information and material the unauthorised disclosure of which could be disadvantageous to the interests of the Union or of one or more of the Member States.
1.2.3. 'Sensitive non-classified (SNC) information' shall mean any information or material other than EUCI that must be protected because of legal obligations laid down in the Treaties or in acts adopted in implementation thereof or because of its sensitivity, including information covered by the obligation of professional secrecy. 1.3. In accordance with the provisions of this Annex, the Commission shall forward to Parliament EUCI and SNC information in a timely manner to enable Parliament to exercise its role under the Treaties. It shall do so on its own initiative or at the request, which should be made in a timely manner, of one of the parliamentary bodies or office-holders mentioned in point 1.4. 1.4. In the context of this Annex, the following may request EUCI and SNC information from the Commission:
– the President of Parliament,
– the chairs of the parliamentary committees concerned,
– the Bureau and the Conference of Presidents, and
– the head of Parliament’s delegation included in the Union delegation at an international conference.
1.5. Information on infringement procedures and procedures relating to competition, in so far as they are not covered by a final Commission decision or by a judgment of the Court of Justice of the European Union on the date when the request from one of the parliamentary bodies/office-holders mentioned in point 1.4. is received, and information relating to the protection of the Union's financial interests, shall be excluded from the scope of this Annex. This is without prejudice to point 56 of the Framework Agreement and to the budgetary control rights of Parliament.
1.6. These provisions shall apply without prejudice to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry[8] and the relevant provisions of Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF)[9].
2. General rules
2.1. The Commission shall, in accordance with point 1.3., forward to Parliament with all due despatch any EUCI and SNC information required for the exercise of Parliament's prerogatives and competences. In accordance with their respective powers and responsibilities, the two Institutions shall respect:
– fundamental human rights, including the right to a fair trial and the right to protection of privacy;
– provisions governing judicial and disciplinary procedures;
– protection of business secrecy and commercial relations;
– protection of the interests of the Union, in particular those relating to public safety, defence, international relations, monetary stability and financial interests.
In the event of a disagreement, the matter shall be referred to the Presidents of the two Institutions so that they may resolve the dispute.
EUCI and SNC information that originates from a Member State, another institution, an international organisation or a third country shall be forwarded, downgraded or declassified only with its consent.
2.2. EUCI and SNC information shall be forwarded to and handled and protected by Parliament in compliance with common minimum standards of security applied by the two Institutions. When classifying information for which it is the originator, the Commission shall ensure that it applies appropriate levels of classification in line with international standards and definitions and its internal rules, whilst taking due account of the need for Parliament to be able to access EUCI for the effective exercise of its competences and prerogatives.
2.3. In the event of any doubt as to the confidential nature of an item of information or its appropriate level of classification, or where it is necessary to lay down the appropriate arrangements for it to be forwarded in accordance with one of the options set out in point 3.2., the two Institutions shall consult each other without delay and before transmission of the document. In these consultations, Parliament shall be represented by the chair of the parliamentary body concerned, accompanied, where necessary, by the rapporteur, or the office-holder who submitted the request. The Commission shall be represented by the Member of the Commission with responsibility for that area, after consultation of the Member of the Commission responsible for security matters. In the event of a disagreement, the matter shall be referred to the Presidents of the two Institutions so that they may resolve the dispute.
2.4. If, at the end of the procedure referred to in point 2.3., no agreement has been reached, the President of Parliament, in response to a reasoned request from the parliamentary body/office-holder who submitted the request, shall call on the Commission to forward, within the appropriate deadline duly indicated, the EUCI and SNC information in question,selecting the arrangements from among the options laid down in point 3.2. of this Annex. Before the expiry of that deadline, the Commission shall inform Parliament in writing of its final position, in respect of which Parliament reserves the right, if appropriate, to exercise its right to seek redress.
2.5. Access to EUCI shall be granted in accordance with applicable rules for personnel security clearance.
2.5.1. Access to information classified as "TRÈS SECRET UE /EU TOP SECRET", "SECRET UE/EU SECRET" and "CONFIDENTIEL UE/EU CONFIDENTIAL" may only be granted to officials, temporary and contract staff working in the General Secretariat or in a political group of the Parliament and seconded national experts for whom that information is strictly necessary, who have been designated as having a need to know and who have been given an appropriate security clearance.
2.5.2. In light of Parliament's prerogatives and competences, the President of Parliament may grant access to CONFIDENTIEL UE/EU CONFIDENTIAL information to a Member to whom no access is provided by virtue of their function in accordance with the national law of the Member State in which the Member was elected and who cannot obtain an appropriate security clearance due to the lack of such a procedure in the Member State in which the Member was elected, after that Member has signed a solemn declaration not to disclose that information to any third person, and provided that Parliament has not received information from a competent National Security Authority advising against the granting of such access.
Access to "SECRET UE/EU SECRET" information shall be granted to Members who have been given an appropriate security clearance or are provided access to EUCI by virtue of their function in accordance with national law.
2.5.3. Details of the category or categories of persons for whom access to the EUCI and SNC information is requested shall be communicated simultaneously with the request.
Prior to being granted access to such information each person shall be briefed on its confidentiality level and the resulting security obligations.
3. Arrangements for access to and the handling of EUCI and SNC information
3.1 EUCI forwarded in accordance with the procedures set out in point 2.2., 2.3. and, where appropriate, point 2.4. shall be made available, under the responsibility of the President or of a Member of the Commission, to the parliamentary body/office-holder who submitted the request, in accordance with the following conditions:
Parliament and the Commission shall ensure the recording or registration of EUCI to ensure its traceability.
More specifically, EUCI classified as “CONFIDENTIEL UE/EU CONFIDENTIAL” and “SECRET UE/EU SECRET” shall be forwarded from the competent Commission EUCI registry to Parliament’s EUCI Registry, which will be responsible for making it available to the parliamentary body/office-holder who submitted the request.
The forwarding of EUCI classified as “TRÈS SECRET UE/EU TOP SECRET" shall be subject to further arrangements, agreed between the Commission and the parliamentary body/office-holder who submitted the request, aimed at ensuring a level of protection commensurate with that classification.
3.2. Without prejudice to the provisions of points 2.2., 2.3., and 2.., access and the arrangements designed to preserve the confidentiality of the information shall be laid down by common accord before the information is forwarded. That accord between the Member of the Commission with responsibility for the policy area involved and the parliamentary body (represented by its chair)/office-holder who submitted the request, shall in particular provide for the selection of one of the options set out in points 3.2.1. and 3.2.2. in order to ensure the appropriate level of confidentiality.
3.2.1. Regarding the addressees of EUCI, provision should be made for one of the following options:
– information intended for the President of Parliament alone, in instances justified on absolutely exceptional grounds;
– the Bureau and/or the Conference of Presidents;
– the chair and rapporteur of the relevant parliamentary committee;
– all members (full and substitute) of the relevant parliamentary committee;
– all Members of the European Parliament.
Information classified as CONFIDENTIEL UE/EU CONFIDENTIAL or above may not be published or forwarded to any other addressee without the consent of the Commission.
Information classified as RESTREINT UE/EU RESTRICTED may not be published without the consent of the Commission.
Without prejudice to the last sentence of point 2.1., information classified as RESTREINT UE/EU RESTRICTED may be forwarded within the Parliament to Members, officials, temporary and contract staff working in the General Secretariat or in a political group of the Parliament and seconded national experts who have been appropriately briefed and have a need to know.
Parliament shall inform the Commission of the categories of persons that have received access to information classified as RESTREINT UE/EU RESTRICTED. Parliament will keep a record of the persons who have accessed EUCI.
3.2.2. Regarding the arrangements for the handling of EUCI, provision should be made for the following options:
(a) examination of information in a Secured Area if the information is classified as “ConfidentiEl UE/EU CONFIDENTIAL” and above;
(b) holding the meeting in camera, attended only by the members of the Bureau, the members of the Conference of Presidents or full members and substitute members of the competent parliamentary committee, as well as by officials, temporary and contract staff working in the General Secretariat or in a political group of the Parliament and seconded national experts, who have been designated in advance by the chair as having a need to know and whose presence is strictly necessary, provided they have been given the required level of security clearance, taking into account the following conditions:
– any documents shall be numbered, distributed at the beginning of the meeting and collected again at the end. No notes of those documents and no photocopies thereof may be taken;
– the minutes of the meeting shall make no mention of the discussion of the item taken under the confidential procedure.
Before transmission, all personal data may be expunged from the documents.
EUCI and SNC information provided orally to recipients in Parliament shall be subject to the equivalent level of protection as that accorded to such information provided in written form. This may include a solemn declaration by recipients of that information not to divulge its contents to any third person.
3.2.3. When written information is to be examined in a Secured Area, Parliament shall ensure that the following arrangements are in place:
– a secure storage system for EUCI and SNC information;
– a Secured Area without photocopying machines, telephones, fax facilities, scanners or any other technical equipment for the reproduction and transmission of documents, etc.;
– security provisions governing access to a Secured Area, including the requirements of signature in an access register and a declaration not to disseminate the EUCI examined.
3.2.4. The above does not preclude other equivalent arrangements agreed between the Institutions.
3.3 SNC information forwarded in accordance with the procedures set out in point 2.2. and 2.3. shall in the case of information provided on the initiative of the Commission be made available to the parliamentary body/office-holder responsible for the subject matter under Parliament’s Rules of Procedure and, in the case of a request, to the parliamentary body/office holder who submitted it. The information shall be forwarded in an encrypted manner, using an encryption architecture and key under the control of Parliament on a need-to-know basis and in accordance with the relevant handling instructions.
SNC information may not be published without the consent of the Commission. Without prejudice to the last sentence of point 2.1., SNC information may be forwarded within the Parliament to Members, officials, temporary and contract staff working in the General Secretariat or in a political group of the Parliament, and seconded national experts, who have been appropriately briefed and have a need to know.
Parliament shall inform the Commission of the categories of persons that have received access to such information. Parliament will keep a record of the persons who have received access to SNC information.
3.4. In the case of a proven or suspected loss or compromise of EUCI or SNC information provided by the Commission, the Security Authority of the European Parliament shall immediately inform the Security Authority of the Commission. The Security Authority of the European Parliament shall open an investigation and shall inform the Security Authority of the Commission of its results and of measures taken to prevent a recurrence.
In the event of non-compliance with this Annex or Parliament’s internal security rules, the provisions relating to penalties imposed upon Members set out in Parliament's Rules of Procedure and, in respect of Parliament officials and other employees, the applicable provisions of Article 86 of the Staff Regulations or Article 49 of the Conditions of Employment of Other Servants of the European Union[10], and any other applicable rules, shall apply.
4. Final provisions
4.1. The Commission and Parliament shall take all the measures required for the implementation of the provisions of this Annex.
To that end, the competent services of the Commission and of Parliament shall closely coordinate on the implementation of this Annex. This shall include the mutual verification of traceability of EUCI and SNC information and periodic joint monitoring of the security arrangements and standards applied by the two Institutions.
4.2. Parliament and the Commission will review this Annex and, where necessary, adapt it, in accordance with point 70 of the Framework Agreement, in light of developments concerning:
– future security arrangements involving Parliament and the Commission;
– other agreements or legal acts relevant for the forwarding of information between the Institutions.
ANNEX III
Negotiation and conclusion of international agreements
This Annex lays down detailed arrangements for the provision of information to Parliament concerning the negotiation and conclusion of international agreements as referred to in points 27, 33 and 34 of the Framework Agreement.
1. The Commission shall inform Parliament about its intention to propose the start of negotiations at the same time as it informs the Council.
2. In line with the provisions of point 33 of the Framework Agreement, when the Commission proposes draft negotiating directives with a view to their adoption by the Council, it shall at the same time present them to Parliament.
3. The Commission shall take due account of Parliament’s comments throughout the negotiations.
4. In line with the provisions of point 27 of the Framework Agreement, the Commission shall keep Parliament regularly and promptly informed about the conduct of negotiations until the agreement is initialled, and explain whether and how Parliament’s comments were incorporated in the texts under negotiation and if not why.
5. In the case of international agreements the conclusion of which requires Parliament’s consent, the Commission shall provide to Parliament during the negotiation process all relevant information that it also provides to the Council (or to the special committee appointed by the Council). This shall include draft amendments to adopted negotiating directives, draft negotiating texts, agreed articles, the agreed date for initialling the agreement and the text of the agreement to be initialled. The Commission shall also transmit to Parliament, as it does to the Council (or to the special committee appointed by the Council), any relevant documents received from third parties, subject to the originator’s consent. The Commission shall keep the responsible parliamentary committee informed about developments in the negotiations and, in particular, explain how Parliament’s views have been taken into account.
6. In the case of international agreements the conclusion of which does not require Parliament’s consent, the Commission shall ensure that Parliament is immediately and fully informed, by providing information covering at least the draft negotiating directives, the adopted negotiating directives, the subsequent conduct of negotiations and the conclusion of the negotiations.
7. In line with the provisions of point 33 of the Framework Agreement, the Commission shall give thorough information to Parliament in due time when an international agreement is initialled, and shall inform Parliament as early as possible when it intends to propose its provisional application to the Council and of the reasons therefor, unless reasons of urgency preclude it from doing so.
8. The Commission shall inform the Council and Parliament simultaneously and in due time of its intention to propose to the Council the suspension of an international agreement and of the reasons therefor.
9. For international agreements which would fall under the consent procedure provided for by the TFEU, the Commission shall also keep Parliament fully informed before approving modifications to an agreement which are authorised by the Council, by way of derogation, in accordance with Article 218(7) TFEU.
ANNEX IV
Timetable for the Commission Work Programme
The Commission Work Programme shall be accompanied by a list of legislative and non-legislative proposals for the following years. The Commission Work Programme covers the next year in question, and provides a detailed indication of the Commission’s priorities for the subsequent years. The Commission Work Programme can thus be the basis for a structured dialogue with Parliament, with a view to seeking a common understanding.
The Commission Work Programme shall also include planned initiatives on soft law, withdrawals and simplification.
1. In the first semester of a given year, Members of the Commission shall undertake an ongoing regular dialogue with the corresponding parliamentary committees on the implementation of the Commission Work Programme for that year and on the preparation of the future Commission Work Programme. On the basis of that dialogue each parliamentary committee shall report on the outcome thereof to the Conference of Committee Chairs.
2. In parallel the Conference of Committee Chairs shall hold a regular exchange of views with the Vice-President of the Commission responsible for interinstitutional relations, in order to assess the state of implementation of the current Commission Work Programme, discuss the preparation of the future Commission Work Programme and take stock of the results of the ongoing bilateral dialogue between the parliamentary committees concerned and relevant Members of the Commission.
3. In June, the Conference of Committees Chairs shall submit a summary report to the Conference of Presidents, which should include results of the screening of the implementation of the Commission Work Programme as well as Parliament’s priorities for the forthcoming Commission Work Programme, and Parliament shall inform the Commission thereof.
4. On the basis of that summary report, Parliament shall adopt a resolution at the July part-session, outlining its position and including in particular requests based on legislative initiative reports.
5. Each year in the first part-session of September, a State of the Union debate will be held in which the President of the Commission shall deliver an address, taking stock of the current year and looking ahead to priorities for the following years. To that end, the President of the Commission will in parallel set out in writing to Parliament the main elements guiding the preparation of the Commission Work Programme for the following year.
6. From the start of September, the competent parliamentary committees and the relevant Members of the Commission may meet for a more detailed exchange of views on future priorities in each policy area. These meetings shall be rounded off by a meeting between the Conference of Committee Chairs and the College of Commissioners and by a meeting between the Conference of Presidents and the President of the Commission, as appropriate.
7. In October, the Commission shall adopt its Work Programme for the following year. Subsequently, the President of the Commission shall present that Work Programme to Parliament at an appropriate level.
8. Parliament may hold a debate and adopt a resolution at the December part-session.
9. This timetable shall be applied to each regular programming cycle, except for Parliament election years coinciding with the end of the Commission’s term of office.
10. This timetable shall not prejudice any future agreement on interinstitutional programming.
EXPLANATORY STATEMENT
The new Framework Agreement on relations between the European Parliament and the European Commission constitutes a major step forward in consolidating and modernising the interinstitutional relationship in light of the post-Lisbon treaty framework and Parliament’s evolving role. For the first time since the 2010 Agreement (as amended in 2018), the two institutions have undertaken a comprehensive update that strengthens democratic accountability, improves legislative cooperation, and enhances Parliament’s capacity to exercise political oversight.
First, the Agreement significantly reinforces the principle of equal treatment of Parliament and the Council. The Commission commits to act as an honest broker between co-legislators and to ensure a comprehensive, timely and detailed flow of information, not only with respect to items contained in the Commission Work Programme but also regarding upcoming initiatives outside it. The Agreement deepens the structured political dialogue between the two institutions and provides mechanisms for advance notice of major initiatives, including their presentation in plenary immediately after adoption by the College. These innovations respond directly to Parliament’s long-standing concerns regarding transparency and access to information.
Second, the Agreement modernises and strengthens the political responsibility of the Commission. The President-elect will present to Parliament political guidelines and detailed information on the structure and gender balance of the incoming College, thereby reinforcing the democratic legitimacy of the investiture process. Importantly, the Commission accepts the obligation to ensure the presence of Commissioners in plenary and committees when requested, and to draw up annual schedules for structured dialogues.
Third, the revised text substantially enlarges Parliament’s practical ability to exercise scrutiny, especially in the field of international agreements. Parliament will now be immediately and fully informed at all stages of negotiation, including on non-binding instruments such as memoranda of understanding. New commitments concerning provisional application, notification periods, and access to confidential information contribute to predictable consent procedures and avoid situations in which Parliament is confronted with a fait accompli.
Fourth, the Agreement strengthens Parliament’s indirect right of initiative under Article 225 TFEU. The Commission commits to closer cooperation during the preparatory phase, to detailed written follow-up within three months, and—where appropriate—to come forward with a legislative proposal within one year or to justify thoroughly any decision not to do so. New provisions on pilot projects linked to Article 225 requests further align the Agreement with the Interinstitutional Agreement on Better Law-Making.
Finally, an important innovation concerns the Commission’s use of Article 122 TFEU, an exceptional legal basis enabling the adoption of measures in situations of severe difficulty or energy-supply emergencies. Recent experience has shown that recourse to Article 122 can have significant political, legal and budgetary implications, particularly when proposals bypass standard legislative procedures. The new Framework Agreement therefore introduces a clear commitment by the Commission to provide Parliament without delay with comprehensive justification, detailed information and an explanation of the circumstances that warrant recourse to Article 122 TFEU. This includes transparency regarding the urgency, scope and expected budgetary impact of such proposals, as well as subsequent reporting on their implementation. These provisions address Parliament’s concerns about the exceptional and potentially far-reaching nature of legal acts based on Article 122 TFEU, ensuring that the Commission’s emergency powers are exercised with full democratic accountability and that Parliament can effectively scrutinise the Union’s response to crises.
Overall, the new Framework Agreement reinforces Parliament’s prerogatives without altering the institutional balance laid down in the Treaties and provides a more effective, transparent and accountable basis for cooperation in the service of Union citizens.
ANNEX: DECLARATION OF INPUT
The rapporteur declares under his exclusive responsibility that he did not include in his report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register[11], or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
INFORMATION ON ADOPTION BY THE COMMITTEE RESPONSIBLE
Date adopted |
24.2.2026 |
|
|
|
Result of final vote |
+: –: 0: |
19 0 6 |
||
FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE
19 |
+ |
PPE |
Hildegard Bentele, Borja Giménez Larraz, Branko Grims, Ana Miguel Pedro, Bartłomiej Sienkiewicz, Sven Simon, Sabine Verheyen, Loránt Vincze, Adrián Vázquez Lázara |
Renew |
Charles Goerens |
S&D |
Marc Angel, Brando Benifei, Gabriele Bischoff, Vasile Dîncu, Juan Fernando López Aguilar, Thijs Reuten |
The Left |
Nikolas Farantouris |
Verts/ALE |
Daniel Freund, Leoluca Orlando |
0 |
- |
|
|
6 |
0 |
ECR |
Jacek Ozdoba, Charlie Weimers |
ESN |
Christine Anderson |
PfE |
Juan Carlos Girauta Vidal, Ernő Schaller-Baross, Alexandre Varaut |
Key to symbols:
+ : in favour
- : against
0 : abstention
- [1] OJ L 304, 20.11.2010, p. 47, ELI: http://data.europa.eu/eli/agree_interinstit/2010/1120/oj.
- [2] OJ L 45, 17.2.2018, p. 46, ELI: http://data.europa.eu/eli/agree_interinstit/2018/217/oj.
- [3] OJ C 65, 21.2.2018, p. 7.
- [4] OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj.
- [5] OJ C 444 I, 22.12.2020, p. 5.
- [6] OJ L 123, 12.5.2016, p. 1., ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.
- [7] The information to be provided to Parliament on the work of comitology committees and Parliament’s prerogatives in the operation of comitology procedures are clearly defined in other instruments: (1) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj); (2) the interinstitutional agreement of 3 June 2008 between Parliament and the Commission on comitology procedures (OJ C 143, 10.6.2008, p.1); and (3) instruments necessary for the implementation of Article 291 TFEU.
- [8] OJ L 113, 19.5.1995, p. 1, ELI: http://data.europa.eu/eli/dec/1995/167/oj.
- [9] OJ L 136, 31.5.1999, p. 20, ELI: http://data.europa.eu/eli/dec/1999/352/oj.
- [10] The Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (OJ L 56, 4.3.1968, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/oj).
- [11] Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (OJ L 207, 11.6.2021, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2021/611/oj).