The status of the European Commission within the OECD is unique. Supplementary Protocol No. 1 to the OECD Convention states that "The European Commission shall take part in the work of the Organisation".

This has been summarised as follows: "The representative of the Commission has almost the same rights as Member countries. He or she has the right to speak at any point and not just at the end of a session as is often the case for observers. He or she may be elected as a member of the bureau of subsdiary bodies, participate fully in the preparation of texts, including legal acts and has an unrestricted right to make proposals and suggest changes". However, the representative of the Commission does not have the right to vote and does not officially take part in the adoption of legal acts submitted to the Council.