MINUTES OF THE MEETING OF THE COSAC PRESIDENTIAL TROIKA

Madrid, 30 May 2010

PRESENT AT THE MEETING:

CHAIR: Mr Miguel ARIAS CAÑETE (CortesGenerales,Spain)Ms Anna KINBERG BATRA (Riksdag, Sweden); Mr Miguel Ángel MARTÍNEZMARTÍNEZ (European Parliament); Mr Edward McMILLAN-SCOTT (European Parliament)

AGENDA:

1. Adoption of the agenda for the Presidential Troika meeting

2. Adoption of the draft agenda for the XLIII COSAC meeting

3. Thirteenth Bi-annual Report

4. Report on the results of the subsidiarity check on the Proposal for a Regulation of the

European Parliament and of the Council on jurisdiction, applicable law, recognition and

enforcement of decisions and authentic instruments in matters of succession and the

creation of a European Certificate of Succession

5. Draft Contribution and Conclusions of the XLIII COSAC

6. Any other business

PROCEEDINGS:

1. Adoption of the agenda for the Presidential Troika Meeting

The meeting was chaired by Mr Miguel ARIAS CAÑETE, Chairman of the Joint Committeefor the European Union of the SpanishCortes Generales,who welcomed the Members of thePresidential Troika and presented the draft agenda of the COSAC Presidential Troika meeting.The agenda was unanimously adopted as set out above.

2. Adoption of the draft agenda for the XLIII COSAC

Mr Miguel ARIAS CAÑETE outlined the draft agenda of the XLIII COSAC meeting asprepared by the Spanish Presidency.Due to health problems the presentation on “The future of the European Union” by Mr FelipeGONZÁLEZ MÁRQUEZ was cancelled. This would enable the debate on “The future role ofCOSAC” to be continued in the afternoon, after the presentation by Mr Per Westerberg of theConclusions of the EU Speakers’ Conference.In relation to the agenda, Mr Miguel ARIAS CAÑETE informed the Troika about the requestfrom Mr Maroš ŠEFČOVIČ, Vice-President of the European Commission in charge of theinter-institutional relations and administration, who was to address COSAC on Tuesday at9h30, to be able to participate in the presentation on “The new model for relations betweennational Parliaments and the European Parliament after the entry into force of the Treaty of

Lisbon”. The Vice-President requested not only to attend this part of the meeting, but also tobe able to take the floor in this debate. No objections were expressed. The precision was addedthat he would be welcome to react, but not be part of the panel.

3. Thirteenth Bi-annual Report

The Chairman submitted to the attention of the Troika the Thirteenth Bi-annual Report draftedby the COSAC Secretariat.Mr Miguel Ángel MARTÍNEZ MARTÍNEZ congratulated the COSAC Secretariat for thework done on this report, which he saw as a relevant document. He also pointed out thewelcome fact that nearly all national Parliaments and the European Parliament had respondedto the questionnaire. He considered the report to be a valuable and reliable source ofinformation.The Troika endorsed the Thirteenth Bi-annual Report.

4. Report on the results of the subsidiarity check on the Proposal for a Regulation of the

European Parliament and of the Council on jurisdiction, applicable law, recognition and

enforcement of decisions and authentic instruments in matters of succession and the

creation of a European Certificate of Succession

The Chairman informed the Troika that this report had been drafted by the Permanent memberof the COSAC Secretariat.The Troika endorsed this report.Mr Miguel ARIAS CAÑETE raised the point about the future of the COSAC-coordinatedsubsidiarity checks, as the opinions of national Parliaments on the continuation of the checksdiffer.Ms Anna KINBERG BATRA recalled that this matter had already been highlighted during theSwedish Presidency when eight national Parliaments/Chambers had signed a letter calling forCOSAC to continue the joint subsidiarity checks.Mr Miguel Ángel MARTÍNEZ MARTÍNEZ acknowledged that COSAC had been a pioneerin this respect, but now Protocols 1 and 2 were in force and national Parliaments hadindividual responsibility with regard to the evaluation of compliance of EU draft legislativeacts with the principle of subsidiarity. The Vice-President underlined, however, that if therewould be an intention to frame this exercise within COSAC, the European Parliament wouldnot oppose it.

5. Draft Contribution and Conclusions of the XLIII COSAC

Mr Miguel ARIAS CAÑETE explained that the Presidency had received several amendmentsto the drafts of the Contribution and Conclusions and that some of them had been taken on

board. However other amendments, including some from the European Parliament had notbeen accepted by the Presidency.Mr Miguel Ángel MARTÍNEZ MARTÍNEZ expressed his concern that the amendmentstabled by the European Parliament had not been included in the last draft. He referred toradical sectors within the Council which may be influencing some national Parliaments andregretted this fact deeply. During the brief exchange of views which followed, Members of theTroika focused on the amendments to point 5 on the EU’s institutional balance.Mr Miguel ARIAS CAÑETE explained that the reason why the amendments from theEuropean Parliament had not been taken into account was not because they were irrelevant,but because there was a concern that the inter-institutional agreement currently undernegotiation could breach the EU institutional balance. It seemed that some nationalParliaments were cautious about the possible extension of powers through inter-institutionalagreements beyond those provided for by the Treaties.Mr Edward McMILLAN-SCOTT explained that negotiations on the new inter-institutionalagreement were not yet finalised, and these would not affect the institutional balance andwould surely be in line with the Treaty.Mr Miguel ARIAS CAÑETE suggested that the European Parliament table the amendmentswith an explanatory statement, which would be circulated to the COSAC Members beforenoon on 31 May. With a view to finding an agreement on the wordings for this point of theContribution, it was decided to convene an informal meeting of the Spanish Presidency, theFinnishEduskuntaand the European Parliament.Ms Anna KINBERG BATRA explained that the Foreign Affairs Committee of the SwedishRiksdagreminded her of the importance of the EU Eastern Neighbourhood Policy. Thereforeshe suggested adding a new point 6.4 to the Contribution to include the support for regionalpartnerships and more specifically the Eastern Neighborhood Policy.Mr Miguel ARIAS CAÑETE suggested that all the amendments should be tabled in writing.This was agreed.

6. Any other business

Ms Anna KINBERG BATRA thanked the Spanish Presidency for the fruitful cooperation. Sheinformed that there would be general elections in Sweden on 19 September 2010, and that shewould not be able to attend the next COSAC Chairpersons’ meeting in Brussels.Mr Edward McMILLAN-SCOTT thanked Mrs Anna KINBERG BATRA for her valuablecontribution to the work of COSAC and stated that this had been a constructive period forCOSAC.Mr Miguel Ángel MARTÍNEZ MARTÍNEZ requested, on behalf of all political families, tohave their meetings the following morning postponed from 8.00 to 8.30. This was agreed.