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Agreement between the German Bundestag and the Federal Government on cooperation in matters of the European Union in the implementation of Section 6 of the Act on the Cooperation of the Federal Government and the German Bundestag in Ange ...

Original Language Title: Vereinbarung zwischen dem Deutschen Bundestag und der Bundesregierung über die Zusammenarbeit in Angelegenheiten der Europäischen Union in Ausführung des § 6 des Gesetzes über die Zusammenarbeit von Bundesregierung und Deutschem Bundestag in Ange...

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Agreement between the German Bundestag and the Federal Government on cooperation in matters of the European Union in the implementation of § 6 of the Act on Cooperation of the Federal Government and the German Bundestag in Matters of the European Union

Unofficial table of contents

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Date of completion: 28.09.2006

Full quote:

" Agreement between the German Bundestag and the Federal Government on cooperation in matters of the European Union in the implementation of § 6 of the Act on Cooperation of the Federal Government and the German Bundestag in Affairs of the European Union of 28 September 2006 (BGBl. I p. 2177) "

Footnote

(+ + + Text evidence from: 30.9.2006 + + +) 

Unofficial table of contents

I. Briefing of the German Bundestag

1.
The Federal Government shall inform the German Bundestag at an early stage, continuously and generally in writing about all projects within the framework of the European Union (see Annex 1, list of projects), including information on the common Foreign and Security Policy, as well as the European Security and Defence Policy, information on measures in the field of police and judicial cooperation and the trade policy. The Federal Government also informs in advance also on bi-and multilateral international treaties between the The Federal Republic of Germany and the Member States of the European Union, which normed closer cooperation in policy areas, which also fall within the competence of the European Union. In addition, the German government informs the Germans Bundestag on current political developments within the framework of the European Union, including by means of political early warning.
2.
This is done in accordance with § § 3 and 4 of the Act on the Cooperation of the Federal Government and the German Bundestag in matters of the European Union (EUZBBG), in particular by sending it to the Federal Government.
a)
Documents
-
the Commission and its departments, to the extent that they have been addressed to the Council or otherwise officially made available to the Federal Government. The Federal Government, in each case, is responsible for ensuring that the preparatory documents available to the German Bundestag are made available to the German Bundestag, which are responsible for the formation of the opinion of the German Bundestag. Parliament can be of importance. This also applies to unofficial documents (so-called documents). "non-papers");
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of the European Council, the Council, the informal ministerial meetings and the Council bodies;
b)
Reports and communications of European Union institutions for and on sittings
-
of the European Council, the Council and the informal ministerial meetings;
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of the Committee of Permanent Representatives and other committees or working parties of the Council;
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advisory bodies to the Commission;
c)
Reports of the Permanent Representation on
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meetings of the Council and the working parties of the Council, the informal ministerial meetings and the Committee of Permanent Representatives;
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Meetings of the European Parliament and of its committees;
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decisions of the Commission;
-
planned acts;
-
Early warning reports (on planned acts),
, the German Bundestag shall ensure that it is treated in a confidential way;
d)
Documents and information on formal initiatives, opinions and explanations issued by the Federal Government for European Union institutions, including the collective instruction for Coreper and formal initiatives by the governments of others Member States vis-à-vis the Council and the Commission, which are officially made available to the Federal Government, with the German Bundestag ensuring confidential treatment, the special protection requirements of ongoing confidential negotiations Invoice.
The Council Working Parties shall, in particular, include the Friends of the Presidency group, the Anticiate Group, the Article 36 EU Coordination Committee, the Committee referred to in Article 133 EC and the Special Committee on Agriculture. Meetings of the Eurogroup, the Political and Security Committee, as well as the Economic and Financial Committee, the Federal Government shall inform the relevant committees of the German Bundestag. The information shall also be provided to projects relating to decisions taken by the representatives of the Council meeting in the Council of Governments of the Member States are addressed. In addition, or in addition, the information shall be provided orally in permanent contacts.
3.
Before meetings of the European Council and the Council, the competent committees of the German Bundestag shall receive comprehensive information. This includes the broad guidelines of the state and negotiation levels as well as the negotiating line of the Federal Government for each advisory subject. After Council meetings, the Federal Government shall inform about the results.
4.
By providing information in accordance with § 4 of the EUZBBG, the Federal Government shall forward to the German Bundestag the information provided by the Commission and the information available to it by the Member States in the context of the impact assessment on the consequences of the project, in particular: in legal, economic, financial, social and environmental terms.
5.
The Federal Government shall submit a report to projects in accordance with Annex 2 (report sheet). In the case of legislative acts, it shall also provide a comprehensive assessment. This assessment will be compiled on the basis of the information available to the Federal Government. In addition to the examination of the competence of the European Union to adopt the proposed legislative act and respect for the principle of subsidiarity and proportionality, this evaluation shall include, in the context of a comprehensive assessment of the Consequences for the Federal Republic of Germany statements, in particular in legal, economic, financial, social and environmental terms, on regulatory content, alternatives, costs, administrative burdens and implementation requirements. In the case of projects preparing legislative acts and other projects, the evaluation shall be carried out at the request of the German Bundestag. The report shall be submitted within ten working days of the submission of the project and the comprehensive evaluation shall be carried out. no later than the beginning of the discussions in Council bodies. In the case of templates in need of urgent procedure, the time limits are shortened in such a way as to ensure timely information and the opportunity to deliver an opinion for the German Bundestag. In the case of a project which requires a particularly extensive evaluation, the deadline may be extended with the consent of the German Bundestag.
6.
The Federal Government will send the documents to the German Bundestag at the earliest possible date and on the shortest route.
7.
Within the framework of the applicable data protection regulations, the federal ministries of the Federal Republic of Germany open up access to databases for projects within the framework of the European Union. The Federal Government is also opening up access to EU databases to the German Bundestag, which are accessible to the governments of the Member States.
8.
a)
The Federal Government shall inform the German Bundestag of any measures of fundamental importance or of significant effect on the interests of the Federal Republic of Germany not covered by point 1.
b)
This information will also include information on own initiatives, initiatives from the Federal States and the Federal Council, as well as initiatives by Member States for the decision-making of the European Union's body concerned. decision-making, are involved.
9.
The Federal Government has to ensure appropriate political representation in the committees of the German Bundestag.
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II. Opinion of the German Bundestag

1.
The Federal Government is giving the German Bundestag an opportunity to comment at an early stage of negotiations. The deadline for submission of opinions must be such that the German Bundestag has sufficient opportunity to deal with the submission. Depending on the negotiating situation, the Federal Government shall also inform the German Bundestag by which time an opinion may be taken into account on the basis of the time constraints resulting from the course of the proceedings of the European Union.
2.
The Federal Government is based on the opinion of the German Bundestag on its negotiations.
3.
The German Bundestag can adapt and supplement its opinion in the course of the deliberations of the project in the bodies of the European Union. To this end, the Federal Government shall inform the German Bundestag of any substantial changes to these projects through permanent contacts.
4.
If the German Bundestag makes use of the opportunity to deliver an opinion pursuant to Article 23 (3) sentence 1 of the GG, the Federal Government will hold a parliamentary reservation in the Council if the decision of the German Bundestag in one of its essential Concerns are not enforceable. Before the final decision in the Council, the Federal Government is endeavor to reach agreement with the German Bundestag. The right of the Federal Government to take decisions deviating from important foreign or integration policy reasons in the knowledge of the Votes of the German Bundestag remains unaffected by this.
5.
After the decision has been taken in the Council, the Federal Government shall inform the German Bundestag without delay, in particular on the enforcement of its opinion. Should not all the concerns of the opinion have been taken into account, the Federal Government shall explain the reasons for this. The information shall also be provided if the Council's decision does not lead to the conclusion of the procedure.
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III. Information on European legislation

After the adoption of a European act, the Federal Government shall inform the German Bundestag of this. In the case of directives and framework decisions, the Federal Government informs about the deadlines to be taken into account for the implementation of the internal government and the implementation requirements. Unofficial table of contents

IV. Proceedings before the European Courts

The Federal Government shall immediately inform the German Bundestag of preliminary rulings and expert opinions and those proceedings before the European Court of Justice and the Court of First Instance, in which the Federal Republic of Germany Germany is a party to the proceedings. The Federal Government shall transmit the relevant documents to proceedings in which the Federal Government is involved. This also applies to judgments on proceedings in which the Federal Government is involved. Unofficial table of contents

V. Transition to majority decisions

If the Council intends to take a decision on the transition from unanimity to majority voting, the Federal Government shall inform the German Bundestag and shall inform the German Bundestag of its formation of will. The proposal or initiative for this Decision shall be a project within the meaning of this Agreement. Unofficial table of contents

VI. Accession and revision of the Treaty

If the Council intends to take a decision to open negotiations for the preparation of accessions to the European Union and to open negotiations on changes to the Treaty bases of the European Union, the Council shall inform the Federal Government of the German Bundestag and informs about its formation of wills. These negotiations shall be projects within the meaning of this Agreement.
Before the final decision in the Council, the Federal Government is endeavor to reach agreement with the German Bundestag. The right of the Federal Government to take decisions deviating from important foreign or integration policy reasons in the knowledge of the Votes of the German Bundestag remains unaffected by this. Unofficial table of contents

VII. Cooperation between the Permanent Representation of the German Bundestag and the liaison office of the German Bundestag

The Federal Government supports the Permanent Representation and, where appropriate, the bilateral embassy within the framework of the given possibilities and, if necessary, the Office of the German Bundestag in individual questions with regard to its tasks. Unofficial table of contents

VIII. Confidentiality

The documents of the European Union are generally passed on openly. Communications from the EU institutions on special confidentiality are observed by the German Bundestag. Any documents to be submitted for these documents or for any other documents to be submitted to the German Bundestag under this agreement may be classified by the Federal Government before being sent. The reasons for the classification are to be explained on request. Unofficial table of contents

IX. Final provisions

The German Bundestag may waive the transmission of information or information on projects. The waiver cannot be declared against the opposition of a political group or 5 per cent of the members of the Bundestag. Unofficial table of contents

Final formula

The President of the German Federal Chancellor Unofficial table of contents

Annex 1 Projects

Source of the original text: BGBl. I 2006, 2180 In addition to the projects referred to in point (I) (2) (d) of the last paragraph, point V and point VI of the agreement, projects are in the spirit of the agreement:
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Proposals for legislation in the 1. Pillar (including amended proposals)
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Communications/Opinions of the COM
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Reports
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Action plans
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Greybooks
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White Books
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Political programmes
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Proposals for legislation in the 3. Pillar (including amended proposals)
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Recommendations
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Institutional arrangements
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EU budget and financial programming.
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Appendix 2 Report sheet

Source of the original text: BGBl. I 2006, 2180 Subject: Subject: Council -Dok.--Nr. :COM. -Nr. :EP-Nr. :Brat-No. :Evidence of admissibility for European regulations:
(Verification of legal basis) Evidence of the need for European rules:
(Subsidiarity) Objective: Content-related priorities: Political significance: What is the special German interest? Previous position of the German Bundestag: Position of the Federal Council: Position of the EP:Opinion in the Council: Procedure level (status of referral) :Financial implications: Schedule for the treatment in the
a)
German Bundestag: in accordance with Article 23 of the GG and the Law on the Cooperation of the Federal Government and the German Bundestag in the Committee on the Affairs of the European Union
b)
Federal Council:
c)
EP:
d)
Council: