The Trilogue “Black Box”? Understanding the Process and Taking Action

Trilogues are interinstitutional negotiations between the Commission, the Council and the Parliament. They are not explicitly mentioned in the EU treaties, yet they have become…

Published on: 26.06.2024
Reading time: 3 mins
Author: Sarah Biroth

Trilogues are interinstitutional negotiations between the Commission, the Council and the Parliament. They are not explicitly mentioned in the EU treaties, yet they have become a key part of the EU legislative process. This also makes them an important stage for organized interests that want to take part in EU lawmaking. Still, for many organizations, the interaction between interest representatives and the actors involved in trilogues remains a “black box.”

EU interest representation is often understood like this: interests can be represented until the trilogue negotiations begin. After that, an informal process behind closed doors takes over.

It is true that the informal nature of trilogues and the fast pace of events toward the end of negotiations pose major challenges for structured interest representation. However, this does not mean that political access is cut off. It is therefore essential to know where these access points lie in the trilogue and how to use them best.

In the ordinary legislative procedure, the Parliament and the Council must agree on a common text based on the Commission’s legislative proposal. The negotiators of the three institutions work out these compromises in informal three-party meetings (trilogues).

In the trilogue, the Parliament and the Council mainly negotiate their proposed amendments. The Commission acts as a mediator to help them reach an agreement.

The Parliament’s negotiating team is led by the rapporteur, who conducts the negotiations on behalf of the Parliament. The rapporteur is supported by a team of shadow rapporteurs, who represent the positions of their political groups, and by advisors. The Council’s negotiating team is led by the rotating Presidency, first in the responsible Council working party and then in the Committee of Permanent Representatives (Coreper II or I, depending on the topic).

A key working tool is the “four-column document.” It compares the positions of the Parliament and the Council on individual articles with the Commission’s original proposal. A fourth column is left for the resulting compromises. Only when the fourth column has been filled in for all articles is there a “deal” and a provisional legal text. The co-legislators must then approve this text through formal procedures.

The delegations look for ways to reach a compromise informally, report back and regularly ask for new instructions. Several negotiating rounds (trilogues) are held so that the dossier can be revised again at working level after the political negotiations, with changes based on additional expertise. This is where outside organizations can become relevant again.

Room for action in the critical phase of the trilogue

The large size of the delegations, and the number of people involved in drafting positions at working level, makes them both a source of information and a point of access to decision-makers. By providing additional expertise, organizations can expand the co-legislators’ room for maneuver and give them an advantage. Making use of this interaction is a challenge for interest representation. At the same time, it allows organizations to bring in their concerns even late in the legislative process.

The more controversial the dossier, the more room for action interested parties usually have. Still, the bigger gap usually comes down to having more or less information than others. Personal contacts in Brussels and a forward-looking understanding based on professional monitoring and the tracking of procedures and actors are essential.

The key, therefore, is not only to understand the processes, but also to follow them early with strategic expertise, a well-maintained network and the right tools, and in this way help shape the legislative process.

Appendix: The process of interinstitutional negotiations (German)

Source: Own illustration based on the OLP Handbook (Ordinary Legislative Procedure).