MATTHEWS v. THE UNITED KINGDOM JUDGMENT
7
(d) proposes amendments to the common position by an absolute majority of its
component Members, the amended text shall be forwarded to the Council and to the
Commission which shall deliver an opinion on those amendments.
3. If, within three months of the matter being referred to it, the Council, acting by a
qualified majority, approves all the amendments of the European Parliament, it shall
amend its common position accordingly and adopt the act in question; however, the
Council shall act unanimously on the amendments on which the Commission has
delivered a negative opinion. If the Council does not approve the act in question, the
President of the Council, in agreement with the President of the European Parliament,
shall forthwith convene a meeting of the Conciliation Committee.
4. The Conciliation Committee, which shall be composed of the members of the
Council or their representatives and an equal number of representatives of the
European Parliament, shall have the task of reaching agreement on a joint text, by a
qualified majority of the members of the Council or their representatives and by a
majority of the representatives of the European Parliament. The Commission shall
take part in the Conciliation Committee’s proceedings and shall take all the necessary
initiatives with a view to reconciling the positions of the European Parliament and the
Council.
5. If, within six weeks of its being convened, the Conciliation Committee approves
a joint text, the European Parliament, acting by an absolute majority of the votes cast,
and the Council, acting by a qualified majority, shall have a period of six weeks from
that approval in which to adopt the act in question in accordance with the joint text. If
one of the two institutions fails to approve the proposed act, it shall be deemed not to
have been adopted.
6. Where the Conciliation Committee does not approve a joint text, the proposed
act shall be deemed not to have been adopted unless the Council, acting by a qualified
majority within six weeks of expiry of the period granted to the Conciliation
Committee, confirms the common position to which it agreed before the conciliation
procedure was initiated, possibly with amendments proposed by the European
Parliament. In this case, the act in question shall be finally adopted unless the
European Parliament, within six weeks of the date of confirmation by the Council,
rejects the text by an absolute majority of its component Members, in which case the
proposed act shall be deemed not to have been adopted.
7. The periods of three months and six weeks referred to in this Article may be
extended by a maximum of one month and two weeks respectively by common accord
of the European Parliament and the Council. The period of three months referred to in
paragraph 2 shall be automatically extended by two months where paragraph 2(c)
applies.
8. The scope of the procedure under this Article may be widened, in accordance
with the procedure provided for in Article N(2) of the Treaty on European Union, on
the basis of a report to be submitted to the Council by the Commission by 1996 at the
latest.”