The EU decision-making process
There are certain procedures for the different types of legal acts (legislation) within the EU system. Directives are decisions by the EU which are to be implemented in national, Member State legislation. Regulations are directly and legally binding in Member States after adoption within the EU system. Decisions are seldom applied in the energy field. One current example, however, is a proposal for a European Parliament and Council decision on revised guidelines for trans-European energy networks.
In addition, the Council and the Commission have several other instruments at hand: Communications from the Commission are used as bases for Council discussions. Council Conclusions are politically binding for the Council and indicative for the Commission.
The procedure for adoption of a legislative proposal depends on the decision-making procedure stipulated in the EC Treaty. In other words, it depends on the provision(s), which make up the legal basis for drafting legislation. The most common procedure is the so-called co-decision procedure. This procedure, which is described in the following, applies to all proposals subject to Treaty provisions on the Single Market.