The consultation procedure provides the European Parliament with the opportunity to give its opinion on a proposal from the Commission before a decision is taken by the Council. The Council is obliged to take note of the Parliament’s opinion but is not obliged to follow it. 

The consultation procedure is not described in a particular article in the EU Treaties but instead in the concrete provisions forming the legal basis for issuing rules.

The consultation procedure is used within legislation-heavy areas such as agricultural policy and the customs union, as well as for subjects such as harmonisation of indirect taxes and excise duties, rules governing EU citizenship, binding rules to tackle discrimination, etc.

The procedure works as follows: 

• The Commission presents a proposal, which is sent to the Council, and the Council asks the European Parliament for its opinion.

 • The European Parliament issues its opinion by majority of members present (there is no deadline). Typically, Parliament will adopt a series of amendments to the Commission’s proposal.

 • The Commission may decide to present an amended proposal based on Parliament’s opinion.

 • The Council adopts the legal act by qualified majority or unanimously, depending on the area of cooperation in question (there is no deadline). The Council may only amend the Commission’s proposals unanimously.