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(Gesetz über die Zusammenarbeit von Bundesregierung und Deutschem Bundestag in Angelegenheiten der Europäischen Union - EUZBBG)
Section 1
In matters concerning the European Union, the Bundestag shall participate in the decision-making processes of the Federation.
Section 2
The Bundestag shall appoint a Committee on the Affairs of the European Union. The Bundestag may authorise the Committee to deliver opinions on its behalf.
Section 3
(1) Projects of the European Union (‘projects’) within the meaning of this Act are, in particular:
The foregoing shall not apply to measures in the realms of the Common Foreign and Security Policy and the Common Security and Defence Policy.
(2) Proposals and initiatives of the European Union for which the participation of the Bundestag is required under the Responsibility for Integration Act (Integrationsverantwortungsgesetz) of 22 September 2009 (Federal Law Gazette 1 p. 3022) are also projects within the meaning of the present Act.
Section 4
(1) Subject to the provisions of this Act, the Federal Government shall notify the Bundestag comprehensively, as early as possible, continuously and, as a rule, in writing of all projects. The notification shall cover, in particular, the Federal Government’s decision-making process, the course of discussions within the institutions of the European Union and the opinions of the European Parliament, of the European Commission and of the other Member States of the European Union as well as the decisions that have been taken. In addition, the notification shall be made orally. The Federal Government shall ensure that the notification of projects serves to enable the Bundestag to deliberate on them.
(2) The notification referred to in paragraph 1 above shall also encompass the assessment made by the European Commission and assessments in the possession of the Federal Government made by Member States of the European Union on the legal, economic, financial, social and environmental impact of the project.
(3) For the purpose of early warning, the Federal Government shall inform the Bundestag, in writing as a rule, of current political developments in the framework of the European Union and planned projects.
(4) The Federal Government shall also notify the Bundestag as early as possible:
(5) The Bundestag may waive its right of notification in respect of individual projects or groups of projects, unless a parliamentary group or five per cent of the Members of the Bundestag lodge an objection.
Section 5
(1) The notification of the Bundestag under section 4 of this Act shall be effected in particular through the transmission of:
(2) In addition, the Federal Government shall transmit to the Bundestag documents and information on the Federal Government’s initiatives, opinions and explanations for institutions of the European Union, including coordinated instructions for the German representatives on the Committee of Permanent Representatives, as well as initiatives addressed to the Council and the European Commission by governments of Member States of the European Union that are officially made accessible to the Federal Government. Information on Bundesrat and Länder initiatives shall also be transmitted.
(3) The Federal Government shall make preparatory papers from the European Commission and the Council available to the Bundestag on request. The same shall apply to unofficial documents (non-papers).
(4) The Federal Government shall inform the competent Bundestag committees orally about meetings of the Euro Group, of the Political and Security Committee and of the Economic and Social Committee.
(5) Before meetings of the European Council and of the Council, the Federal Government shall notify the Bundestag of each subject of discussion in writing and orally. This notification shall encompass the main features of the subject matter and of the state of negotiations as well as the negotiating line of the Federal Government. After meetings of the Council, the Federal Government shall provide written and oral information on their outcome.
Section 6
(1) The Federal Government shall transmit all projects to the Bundestag with a forwarding letter (formal forwarding). The forwarding letter shall be based on the document to be forwarded and contain the following information:
(2) The Federal Government shall transmit all incoming Council documents to the Bundestag (general forwarding).
Section 7
(1) Within two weeks following the formal forwarding of a project, the Federal Government shall transmit a report in accordance with the annex to this Act (report form). In particular, this form shall contain an appraisal of the project in terms of its compatibility with the principles of subsidiarity and proportionality.
(2) In addition, the Federal Government shall transmit a comprehensive appraisal of proposals for legislative acts of the European Union within two weeks following their referral to the Bundestag committees but no later than the start of their discussion by the Council bodies. Besides indications regarding the competence of the European Union to adopt the proposed legislative act and its compatibility with the principles of subsidiarity and proportionality, this appraisal shall, in the framework of a comprehensive assessment of the impact on the Federal Republic of Germany, contain statements, particularly in the light of legal, economic, financial, social and environmental considerations, on the substance of the regulatory provisions, alternatives, costs, administrative input and the need for transposition.
(3) In the case of urgent proposals, the time limits defined in paragraphs 1 and 2 above shall be shortened so as to ensure timely notification of the Bundestag and the opportunity for the latter to deliver an opinion in accordance with the first sentence of section 9(1) of this Act. If a particularly extensive appraisal is required, the time limit may be lengthened.
(4) In the case of projects within the meaning of section 3(1), items 6 to 14, of this Act, the comprehensive appraisal referred to in paragraph 2 above shall be made solely on request.
Section 8
(1) In the realm of the Common Foreign and Security Policy and the Common Security and Defence Policy, the Federal Government shall provide comprehensive, continuous notification as early as possible. The notification shall, as a rule, be made in writing. It shall comprise the forwarding of a summary of the legislative acts that are due to be the subject of discussion, an appraisal of them and a prognosis of the future course of discussions.
Section 5(5) shall apply, mutatis mutandis, to meetings of the European Council and the Council featuring decisions and conclusions in the realm of the Common Foreign and Security Policy and the Common Security and Defence Policy.
(2) In addition, the Federal Government shall forward to the Bundestag, on request, documents of fundamental importance in accordance with the provisions of section 6(1) of this Act. Section 7(1) of this Act shall apply, mutatis mutandis.
(3) The Federal Government shall also provide continuous and early oral notification of all relevant developments in the realm of the Common Foreign and Security Policy and the Common Security and Defence Policy.
Section 9
(1) Before participating in projects, the Federal Government shall give the Bundestag the opportunity to deliver an opinion. To this end, the Federal Government shall communicate to the Bundestag the time by which it seems appropriate to deliver an opinion in the light of time constraints arising from the course of the procedure within the European Union.
(2) If the Bundestag delivers an opinion, the Federal Government shall use it as a basis for its negotiation. The continuous notification by the Federal Government under section 4(1) of this Act shall also comprise indications regarding the consideration given to each opinion of the Bundestag in negotiations.
(3) The Bundestag may adapt and supplement its opinion while a project is being discussed by the bodies of the European Union. The first sentence of paragraph 2 above shall apply, mutatis mutandis.
(4) If the Bundestag avails itself of the opportunity to deliver an opinion under the first sentence of Article 23(3) of the Basic Law (Grundgesetz), the Federal Government shall invoke the requirement of prior parliamentary approval in the Council if the main interests expressed in the decision of the Bundestag cannot be asserted.
The Federal Government shall notify the Bundestag thereof without delay in a special report. In its form and content, this report must lend itself to discussion by the bodies of the Bundestag.
Before the final decision in the Council, the Federal Government shall endeavour to reach agreement with the Bundestag. This shall also apply if the Bundestag delivers an opinion on matters concerning municipal services of public interest in connection with projects of the European Union. The foregoing provisions shall not prejudice the right of the Federal Government, in awareness of the Bundestag’s opinion, to take divergent decisions for good reasons of foreign or integration policy.
(5) After the Council has taken its decision, the Federal Government shall notify the Bundestag in writing without delay, particularly as regards the adoption of the parliamentary opinion. If not all of the interests expressed in the opinion have been taken into account, the Federal Government shall also state the reasons for this. At the request of the Bundestag, the Federal Government shall also explain these reasons in the framework of a plenary debate.
Section 10
(1) When notifying the Bundestag of its proposals and initiatives for decisions on the opening of negotiations to prepare an accession to the European Union, the Federal Government shall refer to the Bundestag’s right to deliver an opinion under section 9 of this Act.
(2) Before the final decision in the Council, the Federal Government is to reach agreement with the Bundestag. This shall not prejudice the right of the Federal Government, in awareness of the Bundestag’s opinion, to take divergent decisions for good reasons of foreign or integration policy.
(3) Paragraphs 1 and 2 above shall apply, mutatis mutandis, to proposals and initiatives on the opening of negotiations for the amendment of the contractual foundations of the European Union.
Section 11
(1) Within the scope of the provisions on data protection, the Federal Government shall grant the Bundestag access to the documentary databases of the European Union that are accessible to the Federal Government.
(2) The documents of the European Union shall, in principle, be transmitted openly. Security classifications applied by the institutions of the European Union to ensure special confidentiality shall be respected by the Bundestag. Any national classification as confidential which may be necessary for these documents or for other information, reports and communications to be transmitted to the Bundestag within the scope of this Act shall be applied prior to dispatch by the Federal Government and shall be respected by the Bundestag. The reasons for the classification shall be explained on request.
(3) The Bundestag shall take account of the particular need to protect current confidential negotiations by according them confidential treatment.
Section 12
Further details shall be regulated in the Agreement between the German Bundestag and the Federal Government.
to section 7(1)
Report form
Subject:
Classification heading:
Council document No:
COM No:
Interinstitutional file reference:
Bundesrat printed paper No:
Evidence of admissibility of European regulation:
(Examination of the legal basis)
Subsidiarity check:
Proportionality check:
Objective:
Main substantive elements:
Political significance:
What is Germany’s particular interest?
Position of the German Bundestag to date:
Position of the Bundesrat:
Position of the European Parliament:
State of opinion in the Council:
Procedural stage (state of deliberations):
Financial implications:
Timetable for treatment by
(a) the Bundesrat:
(b) the European Parliament:
(c) the Council:
Article 2
Entry into force
This Act shall enter into force on the day following the date of promulgation.