asked Her Majesty's Government:

Under which clauses in the European treaties changes to those treaties and all European Union legislation are negotiated in private by the Governments of the member states; and what part the European Commission and the Committee of Permanent Representatives play in these negotiations. [HL4333]

The arrangements for making changes to the European Treaties are set out in Article 48 of the Treaty on European Union. Legislation is adopted using the procedures set out in Part 5, Title 1, Chapter 2, of the Treaty Establishing the European Community.

Discussions in the Council of Ministers are conducted as laid out in the Council of Ministers rules of procedure, which outline the basis for determining whether negotiations are conducted in public. The European Commission and Committee of Permanent Representatives take part in these discussions as appropriate.