MATTHEWS v. THE UNITED KINGDOM JUDGMENT
8
Article 189c provides:
“Where reference is made in this Treaty to this Article for the adoption of an act, the
following procedure[1]shall apply:
(a) The Council, acting by a qualified majority on a proposal from the Commission
and after obtaining the opinion of the European Parliament, shall adopt a common
position.
(b) The Council’s common position shall be communicated to the European
Parliament. The Council and the Commission shall inform the European Parliament
fully of the reasons which led the Council to adopt its common position and also of the
Commission’s position.
If, within three months of such communication, the European Parliament approves
this common position or has not taken a decision within that period, the Council shall
definitively adopt the act in question in accordance with the common position.
(c) The European Parliament may, within the period of three months referred to in
point (b), by an absolute majority of its component Members, propose amendments to
the Council’s common position. The European Parliament may also, by the same
majority, reject the Council's common position. The result of the proceedings shall be
transmitted to the Council and the Commission.
If the European Parliament has rejected the Council’s common position, unanimity
shall be required for the Council to act on a second reading.
(d) The Commission shall, within a period of one month, re-examine the proposal
on the basis of which the Council adopted its common position, by taking into account
the amendments proposed by the European Parliament.
The Commission shall forward to the Council, at the same time as its re-examined
proposal, the amendments of the European Parliament which it has not accepted, and
shall express its opinion on them. The Council may adopt these amendments
unanimously.
(e) The Council, acting by a qualified majority, shall adopt the proposal as reexamined by the Commission.
Unanimity shall be required for the Council to amend the proposal as re-examined
by the Commission.
(f) In the cases referred to in points (c), (d) and (e), the Council shall be required to
act within a period of three months. If no decision is taken within this period, the
Commission proposal shall be deemed not to have been adopted.
(g) The periods referred to in points (b) and (f) may be extended by a maximum of
one month by common accord between the Council and the European Parliament.”
1. This procedure is required to be used, inter alia, in connection with Article 6 (rules to
prohibit discrimination on grounds of nationality), Article 75(1) (transport policy)
Article 118a (social policy) and Articles 130l-130k (framework programmes in connection
with the environment).