New Approach directives are based on Article 95 of the EC Treaty, and adopted according to the co-decision procedure provided for in Article 251 of the EC Treaty.

Adopted New Approach directives are published in the L series of the Official Journal of the European Communities. Commission proposals for New Approach directives are published in the C series of the Official Journal.

The legal basis for adopting or modifying New Approach directives is Article 95 of the EC Treaty. According to Article 251 of the EC Treaty, the Commission initiates the legislative procedure by making a proposal to the Council and to the European Parliament. Such Commission proposals concerning health, safety, environmental protection and consumer protection should, according to Article 95 take as a basis a high level of protection. Further, Article 95 requires that a safeguard clause be provided for in appropriate cases.

After receiving a Commission proposal, the Council requests an opinion from the Parliament and the Economic and Social Committee before reaching its common position on the proposal. Once the common position has been reached, it is transmitted to the Parliament, which may accept, reject or propose amendments during this second reading. The Commission re-examines its proposal in the light of Parliament's amendments, and returns the proposal to the Council, which takes a final decision within three months. If necessary, problems are referred to a conciliation committee of Council and Parliament, in which the Commission participates as a moderator.

Up to the adoption of the common position, discussion is based on the Commission's proposal. While the Commission can modify its proposal at any time, for example in the light of the opinion of the Parliament, the Council can only diverge from the Commission's proposal by unanimity.