Institute for European Environmental PolicyManual of Environmental PolicyManey Publishing
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1.2 Approach of this Manual
Development of the legislation
The development of each item is then described. This has been done by reference to the public records, including the original Commission proposal and any subsequent amended proposals (this is first published with a ‘COM (year) number’ reference and includes an explanatory memorandum (EM). Later it appears in the Official Journal but without the benefit of the EM); reports and opinions of the European Parliament and the common positions adopted by the Council, as required under the cooperation or codecision procedure (see Chapter 2); results of Conciliation Committees (where relevant); and input into the procedure from any other Parliamentary, Council or Commission source, for example the Economic and Social Committee, where appropriate. Reports of the House of Commons’ Select Committee, reports of the House of Lords Select Committee, and debates in either House are also looked at where relevant.
Access to official documentation is becoming more transparent, particularly following commitments made under the Aarhus Convention (see section 11.5). Consequently, official texts can now be accessed free of charge on the institutions website (see websites).
The elaboration by the Commission of its original proposal is often known only to a limited circle, and the subsequent negotiations in the Council, and in the Council working groups that prepare material for decision by the Council, are confidential. Parliamentary discussion may nevertheless provide some reflection of the discussions taking place in the Council machinery and of the amendments being made, and may also point to difficulties that are being foreseen for the future. The Minister, for example, in reply to a debate in the Parliament will often describe the current position on a proposed Directive including the amendments already agreed. Particularly useful is the evidence that is usually published with the House of Lords’ reports recording the views of the major interested parties at a particular date, including that of government officials. The government also makes a practice of submitting explanatory memoranda to Parliament, and these too shed light on the process and the government’s opinion at a particular time.
 

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