The Epic Institute explains why the issue of liberalisation can enter the EU agenda without EPA's preliminary vote

The Epic Institute, it says, has recently presented attitudes in public disks that the visa liberalisation issue may enter the EU Council agenda by 6-7 December.

The EPIC Institute wants to clarify where we are in the decision-making process for visa liberalisation, and why the visa liberalisation issue cannot enter the EU Council agenda on December 6th-7, without a preliminary vote by the European Parliament”, it is said in their communiqué.

Epic Institute Explains:

Where are we today in the decision-making process for visa liberalisation?

On September 13th 2018, the European Parliament voted to give the LIBE Commission mandate for launching inter-institutional negotiations with the EU Council and the European Commission. So, to clarify the vote, it wasn't about meeting the 539/2001 rule, but only about launching inter-institutional or trialog negotiations.

Trialog are informal trilateral inter-institution meetings between the European Commission, the European Parliament and the EU Council.

As for the European Parliament, Parliament conducts the trialog on the basis of the Procedure Rules, section 3, rules 69f, where it specifically says that any provisional agreement reached in the trialog is informal and must be approved in the formal procedure that is applied in two legislative institutions, the European Parliament and the EU Council.

Completing the amendment to the 539/2001 regulation is subject to the usual legislative procedure envisioned by Article 289 and 294 of the Treaty for EU Function. Article 289 represents the legal basis of the usual legislative procedure. Article 294, meanwhile, presents the specific application of the usual legislative procedure.

Why can the visa liberalisation issue not enter the EU Council agenda on December 6th-7, without a preliminary vote by the European Parliament?

The EPIK Institute wants to clarify that by taking the Treaty for EU Function, Article 294, the visa liberalisation issue cannot enter the EU Council's agenda on December 6th-7, without a preliminary vote by the European Parliament.

In this direction, Article 294 specifys that in the first reading the European Parliament will approve its simple majority stance and communicate it to the Council. Later, the Council approves its position with the double majority meaning 55% of member states representing 65% of the population, and the legislative act in question is adopted in the form corresponding to the position of the European Parliament. The legislative act takes effect 20 days after publishing in the EU Official Journal.

Therefore, by taking over the Treaty for EU Function, Article 294, the EPIK Institute confirms that the visa liberalisation issue cannot be entered into the EU Council agenda by 6-7 December, without a preliminary vote by the European Parliament that is impossible to happen this week.

What's going on inside the EU Council?

As for the EU Council on November 28th 2018, a meeting of the Ambassadors of Member States in Brussels has been held, or more known as COREPER II. Ambassadors have agreed to the agenda of all remaining EU Council meetings for 2018 under the chairmanship of the Austrian Presidency, prior to the surrender of the EU Presidency Romania.

Ambassadors have agreed that the EU Council will hold until the end of 2018 meetings in these 10 compositions of EU ministers: Transport, Economic and Financial Affairs, Telekomunification, Employment, Justice and Home Affairs, Foreign Affairs, General Affairs, Agriculture, Energy and Environment.

Taking on the agenda published on the Council's official page, the EPI Institute confirms that in none of the EU Council's 10 compositions, the visa liberalisation issue is prior to being on the agenda of meetings.

In this context, given the public importance of the visa liberalisation issue, the Institute The EPIK invites all representatives of institutions to be cautious and accurate in the procedural aspect of decision-making in the visa liberalisation process.