http://www.vn.fi/ajankohtaista/tiedotteet/tiedote/fi.jsp?oid=274764
The Finnish government has published a press release with an outline of the agenda for the EU’s General Affairs and External Relations Council (GAERC), which will meet on 26 and 27 October in Luxembourg. The text is available in Finnish, Swedish and English:
Government Communications Unit
Ministry for Foreign Affairs
23.10.2009 14.28
EU Council focusing on the October European Council and the situation in Afghanistan
The EU General Affairs and External Relations Council (GAERC) will meet on 26 and 27 October in Luxembourg. The main themes of the Council are preparations for the European Council and the situation in Afghanistan and Pakistan. Foreign Minister Alexander Stubb and Minister of Migration and European Affairs Astrid Thors will represent Finland at the meeting.
The Council is to prepare the European Council meeting to be organised on 29 and 30 October in Brussels. The European Council is to focus on preparations for the Copenhagen Climate Summit, implementation of the Lisbon Treaty and the economic and financial situation. In addition to the European Council preparations, the General Affairs and External Relations Council will discuss the EU Strategy for the Baltic Sea Region promoting cooperation in the area.
The Council's agenda will include the presidential elections held in Afghanistan and the strengthening of EU action in Afghanistan, Pakistan and at regional level. The Council is to adopt an action plan aiming to improve coordination between the European Commission and the Member States in certain fields of cooperation. A key aim is to increase local ownership in EU action in Afghanistan. Finland stresses the importance of strengthening the EU’s police mission EUPOL in Afghanistan and compiling a comprehensive counter-terrorism strategy in Pakistan. Finland aims at a rapid implementation of the EU action plan and an effective follow-up.
The Middle East peace process will also be on the agenda. The Ministers will discuss the EU’s support to American efforts to persuade Israel and the Palestinians to resume peace negotiations. The Council will consider ways of strengthening the Palestinians’ fading faith in the peace process. With this regard, Finland stresses the importance of EU coherency in relation to the Israeli settlement policy. To advance the peace process, Finland considers it important that the parties investigate into the human rights violations committed in Gaza in the context of military operations reported by the Goldstone Commission of the UN Human Rights Council.
Topics to be discussed over dinner on Monday include the situation in Iran and the dispute over the country’s nuclear programme. Negotiations have been held during the week and, on Sunday, the inspectors of the International Atomic Energy Agency (IAEA) will visit the uranium enrichment plant being build near the city of Qom. Finland supports pursuing the 'double-track policy' which includes imposing sanctions on Iran while seeking settlement to the situation. Finland supports the tightening of UN sanctions if the negotiations do not deliver results.
The Ministers are also expected to discuss the EU- and US-led negotiations held with the political leaders of Bosnia and Herzegovina. The aim of the negotiations is to break Bosnia and Herzegovina’s political stalemate. Finland supports efforts towards a solution which would enable the close of the Office of the High Representative and the country’s rapprochement with the EU.
The Council will discuss and adopt conclusions on the humanitarian situation, human rights and the political process in Sri Lanka. Finland pays particular attention to the situation of the most vulnerable population groups, especially children in refugee camps. The Council will adopt conclusions also on Guinea, the Sahel in Africa, the Great Lakes area in Africa, Uzbekistan and Yemen and the human rights dialogue with Indonesia.
Further information: Sanna Ek, Adviser, EU Affairs, tel. +358 9 1602 2150 and Jonna Laurmaa, Counsellor, EU Affairs, tel. +358 9 1602 2191, Government Secretariat for EU Affairs, and Markku Lampinen, Counsellor, Ministry for Foreign Affairs, tel. +358 9 1605 5530 or +358 40 726 6124
***
As we see, nothing is said about the President of the European Council or the High Representative, although it would be surprising if the Foreign Ministers and Europe Ministers missed the opportunity to chat about the nominations ahead of the summit.
Ralf Grahn
Showing posts with label GAERC. Show all posts
Showing posts with label GAERC. Show all posts
Friday, 23 October 2009
Monday, 30 March 2009
EU Council tasks: Security & defence policy CSDP
The European Union’s common security and defence policy (CSDP) is an integral part of its common foreign and security policy (CFSP). At this stage of development, it is geared towards humanitarian, peace and crisis management missions drawing on both civilian and military assets (Petersberg tasks).
The Treaty of Lisbon envisions the progressive framing of a common Union defence policy, leading to a common defence.
The intergovernmental CSDP respects a) the ‘specific character’ of the security and defence policy of ‘certain member states’ (non-aligned, neutral) and b) the obligations of the vast majority which are NATO members.
We look at the Council’s CSDP tasks in the light of the Lisbon Treaty, with the relevant provisions located in the amended Treaty on European Union (TEU).
***
Defining objectives
The Council of the European Union defines the objectives for the implementation of the CSDP, assisted by the European Defence Agency (EDA)(OJEU 9.5.2008 C 115):
Article 42(3) TEU
3. Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make them available to the common security and defence policy.
Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as ‘the European Defence Agency’) shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.
***
Unanimity
The CSDP decisions are adopted unanimously by the Council:
4. Decisions relating to the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State. The High Representative may propose the use of both national resources and Union instruments, together with the Commission where appropriate.
***
Delegation of tasks
The Council can delegate the execution of tasks (a mission) to a group of member states (Article 42(5) TEU), with the willing and able keeping the Council informed. If the decision needs to be changed, it is dealt with by the Council, as provided in Article 44 TEU.
***
Implementation and scope
According to the second paragraph of Article 43 TEU, the Council adopts the decisions relating to the extended Petersberg tasks, listed in paragraph 1:
Article 43 TEU
1. The tasks referred to in Article 42(1), in the course of which the Union may use civilian and military means, shall include joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territories.
2. The Council shall adopt decisions relating to the tasks referred to in paragraph 1, defining their objectives and scope and the general conditions for their implementation. The High Representative of the Union for Foreign Affairs and Security Policy, acting under the authority of the Council and in close and constant contact with the Political and Security Committee, shall ensure coordination of the civilian and military aspects of such tasks.
***
European Defence Agency
The European Defence Agency (EDA) is intergovernmental, ‘subject to the authority of the Council’ (Article 45 TEU). The EDA’s statute, seat and operational rules are adopted by the Council by a qualified majority.
***
Permanent structured cooperation
According to Article 46 TEU, the Council adopts, by qualified majority, the decision establishing permanent structured cooperation (akin to enhanced cooperation in other policy areas) between member states, which fulfil the criteria and made the commitments on military capabilities in accordance with Protocol No. 10.
Decisions concerning later entrants are decided by the participating states.
Permanent structured cooperation is one of the questions in need of preparatory work, public discussion and implementing decisions, if the Treaty of Lisbon enters into force.
***
Council configurations
The current Council configuration, the General Affairs and External Relations Council (GAERC), already meets separately for its two main areas of activity. The Lisbon Treaty would separate the configurations, and the Foreign Affairs Council (FAC) would carry on with the whole of the European Union's external action, namely common foreign and security policy, European security and defence policy, foreign trade, development cooperation and humanitarian aid. (Cf. current Council’s Rules of Procedure and Lisbon Article 16(6) TEU.)
The Defence Ministers of the EU member states convene in connection with GAERC meetings and for separate informal meetings. The latest informal meeting was held in Prague on 12 to 13 March 2009.
The Council is assisted by the Political and Security Committee (known as PSC or COPS), which monitors the international situation, delivers opinions and can be authorised to direct crisis management operations (Article 38 TEU).
The European Union Military Committee (EUMC) is the highest military body set up within the Council. It is composed of the Chiefs of Defence of the Member States, who are regularly represented by their permanent military representatives. The EUMC provides the PSC with advice and recommendations on all military matters within the EU.
***
European Parliament
Being on the sidelines of the intergovernmental CSDP does not prevent the European Parliament from showing a keen interest in The European Security Strategy and ESDP, as witnessed by the 19 February 2009 EP Resolution P6_TA-PROV(2009)0075, based on an own-initiative report by the Committee on Foreign Affairs:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2009-0075+0+DOC+XML+V0//EN
The European Parliament sees the need for a common defence policy in Europe requiring an integrated European Armed Force which consequently needs to be equipped with common weapon systems so as to guarantee commonality and interoperability.
In addition, the EP Resolution offers an updated overview on the latest proposals and current shortcomings of the EU’s security and defence policy.
Ralf Grahn
The Treaty of Lisbon envisions the progressive framing of a common Union defence policy, leading to a common defence.
The intergovernmental CSDP respects a) the ‘specific character’ of the security and defence policy of ‘certain member states’ (non-aligned, neutral) and b) the obligations of the vast majority which are NATO members.
We look at the Council’s CSDP tasks in the light of the Lisbon Treaty, with the relevant provisions located in the amended Treaty on European Union (TEU).
***
Defining objectives
The Council of the European Union defines the objectives for the implementation of the CSDP, assisted by the European Defence Agency (EDA)(OJEU 9.5.2008 C 115):
Article 42(3) TEU
3. Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make them available to the common security and defence policy.
Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as ‘the European Defence Agency’) shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.
***
Unanimity
The CSDP decisions are adopted unanimously by the Council:
4. Decisions relating to the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State. The High Representative may propose the use of both national resources and Union instruments, together with the Commission where appropriate.
***
Delegation of tasks
The Council can delegate the execution of tasks (a mission) to a group of member states (Article 42(5) TEU), with the willing and able keeping the Council informed. If the decision needs to be changed, it is dealt with by the Council, as provided in Article 44 TEU.
***
Implementation and scope
According to the second paragraph of Article 43 TEU, the Council adopts the decisions relating to the extended Petersberg tasks, listed in paragraph 1:
Article 43 TEU
1. The tasks referred to in Article 42(1), in the course of which the Union may use civilian and military means, shall include joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territories.
2. The Council shall adopt decisions relating to the tasks referred to in paragraph 1, defining their objectives and scope and the general conditions for their implementation. The High Representative of the Union for Foreign Affairs and Security Policy, acting under the authority of the Council and in close and constant contact with the Political and Security Committee, shall ensure coordination of the civilian and military aspects of such tasks.
***
European Defence Agency
The European Defence Agency (EDA) is intergovernmental, ‘subject to the authority of the Council’ (Article 45 TEU). The EDA’s statute, seat and operational rules are adopted by the Council by a qualified majority.
***
Permanent structured cooperation
According to Article 46 TEU, the Council adopts, by qualified majority, the decision establishing permanent structured cooperation (akin to enhanced cooperation in other policy areas) between member states, which fulfil the criteria and made the commitments on military capabilities in accordance with Protocol No. 10.
Decisions concerning later entrants are decided by the participating states.
Permanent structured cooperation is one of the questions in need of preparatory work, public discussion and implementing decisions, if the Treaty of Lisbon enters into force.
***
Council configurations
The current Council configuration, the General Affairs and External Relations Council (GAERC), already meets separately for its two main areas of activity. The Lisbon Treaty would separate the configurations, and the Foreign Affairs Council (FAC) would carry on with the whole of the European Union's external action, namely common foreign and security policy, European security and defence policy, foreign trade, development cooperation and humanitarian aid. (Cf. current Council’s Rules of Procedure and Lisbon Article 16(6) TEU.)
The Defence Ministers of the EU member states convene in connection with GAERC meetings and for separate informal meetings. The latest informal meeting was held in Prague on 12 to 13 March 2009.
The Council is assisted by the Political and Security Committee (known as PSC or COPS), which monitors the international situation, delivers opinions and can be authorised to direct crisis management operations (Article 38 TEU).
The European Union Military Committee (EUMC) is the highest military body set up within the Council. It is composed of the Chiefs of Defence of the Member States, who are regularly represented by their permanent military representatives. The EUMC provides the PSC with advice and recommendations on all military matters within the EU.
***
European Parliament
Being on the sidelines of the intergovernmental CSDP does not prevent the European Parliament from showing a keen interest in The European Security Strategy and ESDP, as witnessed by the 19 February 2009 EP Resolution P6_TA-PROV(2009)0075, based on an own-initiative report by the Committee on Foreign Affairs:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2009-0075+0+DOC+XML+V0//EN
The European Parliament sees the need for a common defence policy in Europe requiring an integrated European Armed Force which consequently needs to be equipped with common weapon systems so as to guarantee commonality and interoperability.
In addition, the EP Resolution offers an updated overview on the latest proposals and current shortcomings of the EU’s security and defence policy.
Ralf Grahn
Sunday, 29 March 2009
EU Council tasks: Foreign & security policy CFSP
Nationally elected ministers decide on the common foreign and security policy (CFSP) of the European Union in Brussels.
Currently the foreign ministers meet in the General Affairs and External Relations Council (GAERC), but if the Treaty of Lisbon enters into force, they would convene in the Foreign Affairs Council (FAC), while the coordination of Council activities would take place in the General Affairs Council (GAC).
We take a closer look at the CFSP tasks of the Council in the light of the Lisbon Treaty.
***
Conduct of foreign policy
Unanimity rule
External action is a wide concept, covering all areas including the ones managed by the Commission. The CFSP (including the CSDP) is narrower and intergovernmental (but the Foreign Affairs Council deals with all aspects of external relations).
Roughly, the Lisbon Treaty splits the provisions on external relations in two. After principles common to external relations in general, the CFSP and the CSDP provision are laid down in the amended Treaty on European Union (TEU), and the rest of external relations are regulated in the Treaty on the Functioning of the European Union (common commercial policy, cooperation with third countries and humanitarian aid).
According to Article 24(1) of the Treaty on European Union (TEU), the EU's common foreign and security policy (CFSP) covers all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy that might lead to a common defence (consolidated version of the Lisbon Treaty, published OJEU 9.5.2008 C 115).
The CFSP is subject to specific rules and procedures. It is defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts is excluded, as is generally the jurisdiction of the Court of Justice of the European Union.
The intergovernmental character of the CFSP and the EU’s inability to “speak with one voice on the world scene” are enshrined in the basic unanimity rule, allowing even one dogged member state to paralyse the EU in key questions, despite the evocation of the principle of mutual political solidarity (paragraph 3).
***
CFSP
Instead of dealing with the EU’s external action as a whole in the Treaty on the Functioning of the European Union, the intergovernmental conference (IGC 2007) broke the unity by keeping the CFSP and CSDP provisions in the Treaty on European Union.
Because of the specific character of the CFSP, Article 26 TEU reiterates the leading role of the European Council and the tasks of the Council in an area where the Commission and the European Parliament are on the sidelines.
The Council’s tasks are laid down in the second paragraph:
Article 26(2) TEU
2. The Council shall frame the common foreign and security policy and take the decisions necessary for defining and implementing it on the basis of the general guidelines and strategic lines defined by the European Council.
The Council and the High Representative of the Union for Foreign Affairs and Security Policy shall ensure the unity, consistency and effectiveness of action by the Union.
***
European External Action Service
If the Treaty of Lisbon enters into force, the European External Action Service (EEAS) will be established by a Council decision. This is one of the more demanding implementing tasks with regard to the Lisbon Treaty, requiring preparation and public discussion (naturally based on an open preparatory stage, so far sadly lacking):
Article 27(3) TEU
3. In fulfilling his mandate, the High Representative shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisation and functioning of the European External Action Service shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.
***
Operational action
At the operational level, the Council (FAC) makes the decisions, according to Article 28(1) TEU:
Article 28 TEU
(ex Article 14 TEU)
1. Where the international situation requires operational action by the Union, the Council shall adopt the necessary decisions. They shall lay down their objectives, scope, the means to be made available to the Union, if necessary their duration, and the conditions for their implementation.
If there is a change in circumstances having a substantial effect on a question subject to such a decision, the Council shall review the principles and objectives of that decision and take the necessary decisions.
***
Particular matters
In addition to the operational action mentioned above, the Council may adopt decisions on a common approach to particular CFSP matters. If the Council is able to agree, the member states are supposed to act in accordance with the adopted approach:
Article 29 TEU
(ex Article 15 TEU)
The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the Union positions.
***
CFSP initiatives and proposals
Whereas the Commission has a near monopoly in making formal proposals within the current ‘Community pillar’, the intergovernmental and political character of the CFSP is illustrated by the right of each member state to submit initiatives or proposals to the Council (besides the right of the High Representative):
Article 30(1) TEU
(ex Article 22 TEU)
1. Any Member State, the High Representative of the Union for Foreign Affairs and Security Policy, or the High Representative with the Commission's support, may refer any question relating to the common foreign and security policy to the Council and may submit to it initiatives or proposals as appropriate.
***
Qualified abstention
Article 31(1) TEU repeats that CFSP decisions are generally taken unanimously by the European Council and the Council. According to the general voting rules, abstention does not prevent a decision from being taken, but the second subparagraph of Article 31(1) adds that a member state can make a formal declaration to the effect that it is not obliged to apply the decision (qualified abstention). It is expected not to act against the decision. This is described as a spirit of mutual solidarity. If the minority is sizeable, no decision is taken:
Article 31 TEU
(ex Article 23 TEU)
1. Decisions under this Chapter shall be taken by the European Council and the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts shall be excluded.
When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position. If the members of the Council qualifying their abstention in this way represent at least one third of the Member States comprising at least one third of the population of the Union, the decision shall not be adopted.
***
Qualified majority
The main rule for CFSP decisions is unanimity, but there are exceptions. According to Article 31(2) TEU qualified majority voting (QMV) applies to questions where the European Council has laid down the guiding principles or asked for a detailed proposal. It applies also to implementing decisions and to appointing special representatives.
Despite these limitations, the Lisbon Treaty contains an “emergency brake”. Even one member state can prevent a vote. This leads to a mediation effort by the High Representative, but if this fails, the matter may be delegated upwards to the European Council for a unanimous decision:
Article 31(2) TEU
2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
— when adopting a decision defining a Union action or position on the basis of a decision of the European Council relating to the Union's strategic interests and objectives, as referred to in Article 22(1),
— when adopting a decision defining a Union action or position, on a proposal which the High Representative of the Union for Foreign Affairs and Security Policy has presented following a specific request from the European Council, made on its own initiative or that of the High Representative,
— when adopting any decision implementing a decision defining a Union action or position,
— when appointing a special representative in accordance with Article 33.
If a member of the Council declares that, for vital and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The High Representative will, in close consultation with the Member State involved, search for a solution acceptable to it. If he does not succeed, the Council may, acting by a qualified majority, request that the matter be referred to the European Council for a decision by unanimity.
***
Expanding QMV in CFSP
There is a cautious opening towards wider use of qualified majority voting in the Council with regard to the common foreign and security policy, but only by unanimous decision by the European Council:
Article 31(3) TEU
3. The European Council may unanimously adopt a decision stipulating that the Council shall act by a qualified majority in cases other than those referred to in paragraph 2.
***
Further limits
Qualified majority voting is excluded for matters with military implications and even a unanimous European Council is unable to extend QMV to these questions:
Article 31(4) TEU
4. Paragraphs 2 and 3 shall not apply to decisions having military or defence implications.
***
Procedural questions
Procedural questions are the only ones where the Council (FAC) can advance by “normal” majority decisions:
Article 31(5) TEU
5. For procedural questions, the Council shall act by a majority of its members.
***
Consultation
The member states are supposed to consult each other in the European Council and the Council, leading to converging views and coordinated action:
Article 32 TEU, first subparagraph
(ex Article 16 TEU)
Member States shall consult one another within the European Council and the Council on any matter of foreign and security policy of general interest in order to determine a common approach. Before undertaking any action on the international scene or entering into any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.
***
Special Representative
The Council can appoint a special representative, on a proposal by the High Representative (Article 33 TEU).
***
Personal data protection
The protection of personal data is one of the principles the European Union prides itself on, but in the area of the common foreign and security policy the member states’ governments do not want to be hampered by the rules laid down in Article 16 TFEU, including the movement of such data.
Therefore, in a treaty written by the member states, the Council adopts the rules in the CFSP area, without the need to co-legislate with the European Parliament:
Article 39 TEU
In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.
***
CFSP expenditure
Article 41 TEU lays down basic rules on the allocation of CFSP expenses, with various Council decisions, including some instances where the Council can unanimously deviate from the main rules.
***
Hobbled Giant
The Lisbon Treaty preserves the unanimity rule (liberum veto), with minor exceptions, and the intergovernmental character of the common foreign and security policy. These principles constitute the “clay feet” of the European Union in world affairs.
With these constraints, the Council (FAC) ─ guided by the European Council ─ requires intensive efforts to formulate working common policies. The foreign ministers meet frequently, including informal meetings (Gymnich), to agree on the CFSP, perhaps even effective implementation.
Despite its shortcomings, the Lisbon Treaty would improve the chances of more consistency and coherence in EU foreign affairs. In this respect, non-conclusive treaty reform and ratification difficulties cause competing powers much joy.
Ralf Grahn
Currently the foreign ministers meet in the General Affairs and External Relations Council (GAERC), but if the Treaty of Lisbon enters into force, they would convene in the Foreign Affairs Council (FAC), while the coordination of Council activities would take place in the General Affairs Council (GAC).
We take a closer look at the CFSP tasks of the Council in the light of the Lisbon Treaty.
***
Conduct of foreign policy
Unanimity rule
External action is a wide concept, covering all areas including the ones managed by the Commission. The CFSP (including the CSDP) is narrower and intergovernmental (but the Foreign Affairs Council deals with all aspects of external relations).
Roughly, the Lisbon Treaty splits the provisions on external relations in two. After principles common to external relations in general, the CFSP and the CSDP provision are laid down in the amended Treaty on European Union (TEU), and the rest of external relations are regulated in the Treaty on the Functioning of the European Union (common commercial policy, cooperation with third countries and humanitarian aid).
According to Article 24(1) of the Treaty on European Union (TEU), the EU's common foreign and security policy (CFSP) covers all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy that might lead to a common defence (consolidated version of the Lisbon Treaty, published OJEU 9.5.2008 C 115).
The CFSP is subject to specific rules and procedures. It is defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts is excluded, as is generally the jurisdiction of the Court of Justice of the European Union.
The intergovernmental character of the CFSP and the EU’s inability to “speak with one voice on the world scene” are enshrined in the basic unanimity rule, allowing even one dogged member state to paralyse the EU in key questions, despite the evocation of the principle of mutual political solidarity (paragraph 3).
***
CFSP
Instead of dealing with the EU’s external action as a whole in the Treaty on the Functioning of the European Union, the intergovernmental conference (IGC 2007) broke the unity by keeping the CFSP and CSDP provisions in the Treaty on European Union.
Because of the specific character of the CFSP, Article 26 TEU reiterates the leading role of the European Council and the tasks of the Council in an area where the Commission and the European Parliament are on the sidelines.
The Council’s tasks are laid down in the second paragraph:
Article 26(2) TEU
2. The Council shall frame the common foreign and security policy and take the decisions necessary for defining and implementing it on the basis of the general guidelines and strategic lines defined by the European Council.
The Council and the High Representative of the Union for Foreign Affairs and Security Policy shall ensure the unity, consistency and effectiveness of action by the Union.
***
European External Action Service
If the Treaty of Lisbon enters into force, the European External Action Service (EEAS) will be established by a Council decision. This is one of the more demanding implementing tasks with regard to the Lisbon Treaty, requiring preparation and public discussion (naturally based on an open preparatory stage, so far sadly lacking):
Article 27(3) TEU
3. In fulfilling his mandate, the High Representative shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisation and functioning of the European External Action Service shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.
***
Operational action
At the operational level, the Council (FAC) makes the decisions, according to Article 28(1) TEU:
Article 28 TEU
(ex Article 14 TEU)
1. Where the international situation requires operational action by the Union, the Council shall adopt the necessary decisions. They shall lay down their objectives, scope, the means to be made available to the Union, if necessary their duration, and the conditions for their implementation.
If there is a change in circumstances having a substantial effect on a question subject to such a decision, the Council shall review the principles and objectives of that decision and take the necessary decisions.
***
Particular matters
In addition to the operational action mentioned above, the Council may adopt decisions on a common approach to particular CFSP matters. If the Council is able to agree, the member states are supposed to act in accordance with the adopted approach:
Article 29 TEU
(ex Article 15 TEU)
The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the Union positions.
***
CFSP initiatives and proposals
Whereas the Commission has a near monopoly in making formal proposals within the current ‘Community pillar’, the intergovernmental and political character of the CFSP is illustrated by the right of each member state to submit initiatives or proposals to the Council (besides the right of the High Representative):
Article 30(1) TEU
(ex Article 22 TEU)
1. Any Member State, the High Representative of the Union for Foreign Affairs and Security Policy, or the High Representative with the Commission's support, may refer any question relating to the common foreign and security policy to the Council and may submit to it initiatives or proposals as appropriate.
***
Qualified abstention
Article 31(1) TEU repeats that CFSP decisions are generally taken unanimously by the European Council and the Council. According to the general voting rules, abstention does not prevent a decision from being taken, but the second subparagraph of Article 31(1) adds that a member state can make a formal declaration to the effect that it is not obliged to apply the decision (qualified abstention). It is expected not to act against the decision. This is described as a spirit of mutual solidarity. If the minority is sizeable, no decision is taken:
Article 31 TEU
(ex Article 23 TEU)
1. Decisions under this Chapter shall be taken by the European Council and the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts shall be excluded.
When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position. If the members of the Council qualifying their abstention in this way represent at least one third of the Member States comprising at least one third of the population of the Union, the decision shall not be adopted.
***
Qualified majority
The main rule for CFSP decisions is unanimity, but there are exceptions. According to Article 31(2) TEU qualified majority voting (QMV) applies to questions where the European Council has laid down the guiding principles or asked for a detailed proposal. It applies also to implementing decisions and to appointing special representatives.
Despite these limitations, the Lisbon Treaty contains an “emergency brake”. Even one member state can prevent a vote. This leads to a mediation effort by the High Representative, but if this fails, the matter may be delegated upwards to the European Council for a unanimous decision:
Article 31(2) TEU
2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:
— when adopting a decision defining a Union action or position on the basis of a decision of the European Council relating to the Union's strategic interests and objectives, as referred to in Article 22(1),
— when adopting a decision defining a Union action or position, on a proposal which the High Representative of the Union for Foreign Affairs and Security Policy has presented following a specific request from the European Council, made on its own initiative or that of the High Representative,
— when adopting any decision implementing a decision defining a Union action or position,
— when appointing a special representative in accordance with Article 33.
If a member of the Council declares that, for vital and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The High Representative will, in close consultation with the Member State involved, search for a solution acceptable to it. If he does not succeed, the Council may, acting by a qualified majority, request that the matter be referred to the European Council for a decision by unanimity.
***
Expanding QMV in CFSP
There is a cautious opening towards wider use of qualified majority voting in the Council with regard to the common foreign and security policy, but only by unanimous decision by the European Council:
Article 31(3) TEU
3. The European Council may unanimously adopt a decision stipulating that the Council shall act by a qualified majority in cases other than those referred to in paragraph 2.
***
Further limits
Qualified majority voting is excluded for matters with military implications and even a unanimous European Council is unable to extend QMV to these questions:
Article 31(4) TEU
4. Paragraphs 2 and 3 shall not apply to decisions having military or defence implications.
***
Procedural questions
Procedural questions are the only ones where the Council (FAC) can advance by “normal” majority decisions:
Article 31(5) TEU
5. For procedural questions, the Council shall act by a majority of its members.
***
Consultation
The member states are supposed to consult each other in the European Council and the Council, leading to converging views and coordinated action:
Article 32 TEU, first subparagraph
(ex Article 16 TEU)
Member States shall consult one another within the European Council and the Council on any matter of foreign and security policy of general interest in order to determine a common approach. Before undertaking any action on the international scene or entering into any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.
***
Special Representative
The Council can appoint a special representative, on a proposal by the High Representative (Article 33 TEU).
***
Personal data protection
The protection of personal data is one of the principles the European Union prides itself on, but in the area of the common foreign and security policy the member states’ governments do not want to be hampered by the rules laid down in Article 16 TFEU, including the movement of such data.
Therefore, in a treaty written by the member states, the Council adopts the rules in the CFSP area, without the need to co-legislate with the European Parliament:
Article 39 TEU
In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.
***
CFSP expenditure
Article 41 TEU lays down basic rules on the allocation of CFSP expenses, with various Council decisions, including some instances where the Council can unanimously deviate from the main rules.
***
Hobbled Giant
The Lisbon Treaty preserves the unanimity rule (liberum veto), with minor exceptions, and the intergovernmental character of the common foreign and security policy. These principles constitute the “clay feet” of the European Union in world affairs.
With these constraints, the Council (FAC) ─ guided by the European Council ─ requires intensive efforts to formulate working common policies. The foreign ministers meet frequently, including informal meetings (Gymnich), to agree on the CFSP, perhaps even effective implementation.
Despite its shortcomings, the Lisbon Treaty would improve the chances of more consistency and coherence in EU foreign affairs. In this respect, non-conclusive treaty reform and ratification difficulties cause competing powers much joy.
Ralf Grahn
Friday, 20 March 2009
Lisbon Treaty & European Council: Changing participation
Although only the President of the European Council is added as a member (without a vote) and the High Representative as a participant, the Treaty of Lisbon has both direct consequences and potential implications for summit participation.
The formal changes appear in Article 15(3) of the amended Treaty on European Union (TEU), which replaces the corresponding provisions of the current Article 4 TEU.
***
Convened by President
Under the Lisbon Treaty, the European Council is convened by its President, not the member state holding the rotating Council Presidency.
***
Meetings
The European Council started by holding one (ordinary) meeting during each six month Presidency, with the current treaty setting the minimum at twice a year. But long ago the European Council moved to two meetings, so the Lisbon Treaty only codifies existing practice. (Nowadays the meetings are normally held in Brussels, breaking with the tradition to hold one meeting in the country of the Council Presidency.)
The Lisbon Treaty adds that the President can convene a special meeting when the situation so requires. Currently the ‘at least’ offers room for additional meetings, as seen during the French and Czech Council Presidencies.
***
High Representative
The High Representative of the Union for Foreign Affairs and Security Policy participates in the meetings.
The existing General Affairs and External Relations Council (GAERC) mentioned in Article 2 of the Council’s Rules of Procedure is most closely linked to the European Council through its coordinating functions and its subject matter, external relations.
The Treaty of Lisbon splits the GAERC into two different Council configurations: the coordinating General Affairs Council (GAC) and the Foreign Affairs Council (FAC) (Article 16(6) TEU Lisbon).
(Preparatory work is needed for the implementation of the Lisbon Treaty.)
The High Representative chairs the Foreign Affairs Council (FAC), which means that it would be represented at the meetings of the European Council without the Foreign Ministers of the member states (Article 27(1) TEU Lisbon).
***
Foreign Ministers
The Foreign Ministers are the losers.
According to the current Article 4 TEU, the Foreign Ministers of the member states and a member of the Commission assist the members of the European Council.
The Treaty of Lisbon abolishes the automatic representation for the Foreign Ministers and the ‘extra’ Commissioner.
The members of the European Council can meet without ‘outsiders’. Under Lisbon, it is even the default option. If the agenda so requires, the members may decide to be assisted by a minister (and Commissioner).
The Foreign Affairs Council is represented by the High Representative anyway. The so called Europeanisation of EU affairs has increasingly made them part of internal policies in the member state and the activities of the European Union go well beyond the traditional area of foreign policy.
The current GAERC has had some difficulty in fulfilling the expectations concerning coordination of the European Council meetings. There are hopes that the new General Affairs Council (GAC) would be better equipped to concentrate on this task.
***
Speculation
Europe Ministers
Ministers for Europe (and the like) have often been junior ministers (formally or informally) in comparison with Foreign Ministers.
If the new GAC becomes more influential, partly because the Council Presidency in turn finds it an outlet for its ambitions, it could mean that the Europe Ministers’ posts start moving towards more heavyweight divisions when new Cabinets are formed in the member states.
If the coordinating functions internally and externally accrue to the Europe Ministers over time, they may become the natural choices to assist their Prime Minister of President during the European Council meetings.
Prime Ministers
Usually the Prime Minister (or President) has the final word on EU affairs. It would probably be unrealistic to expect them to haggle over details at GAC meetings, then to continue the same discussions in the European Council.
But the Prime Minister of the Council Presidency may feel homeless, when the President of the European Council takes over leading its meetings. It is imaginable that the Prime Minister is tempted to chair the meetings of the GAC, at least ahead of the European Council meetings, perhaps even during the six months at the helm of the Council.
Article 15(3) TEU (Lisbon Treaty)
3. The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.
(OJEU 9.5.2008 C 115/23)
Ralf Grahn
The formal changes appear in Article 15(3) of the amended Treaty on European Union (TEU), which replaces the corresponding provisions of the current Article 4 TEU.
***
Convened by President
Under the Lisbon Treaty, the European Council is convened by its President, not the member state holding the rotating Council Presidency.
***
Meetings
The European Council started by holding one (ordinary) meeting during each six month Presidency, with the current treaty setting the minimum at twice a year. But long ago the European Council moved to two meetings, so the Lisbon Treaty only codifies existing practice. (Nowadays the meetings are normally held in Brussels, breaking with the tradition to hold one meeting in the country of the Council Presidency.)
The Lisbon Treaty adds that the President can convene a special meeting when the situation so requires. Currently the ‘at least’ offers room for additional meetings, as seen during the French and Czech Council Presidencies.
***
High Representative
The High Representative of the Union for Foreign Affairs and Security Policy participates in the meetings.
The existing General Affairs and External Relations Council (GAERC) mentioned in Article 2 of the Council’s Rules of Procedure is most closely linked to the European Council through its coordinating functions and its subject matter, external relations.
The Treaty of Lisbon splits the GAERC into two different Council configurations: the coordinating General Affairs Council (GAC) and the Foreign Affairs Council (FAC) (Article 16(6) TEU Lisbon).
(Preparatory work is needed for the implementation of the Lisbon Treaty.)
The High Representative chairs the Foreign Affairs Council (FAC), which means that it would be represented at the meetings of the European Council without the Foreign Ministers of the member states (Article 27(1) TEU Lisbon).
***
Foreign Ministers
The Foreign Ministers are the losers.
According to the current Article 4 TEU, the Foreign Ministers of the member states and a member of the Commission assist the members of the European Council.
The Treaty of Lisbon abolishes the automatic representation for the Foreign Ministers and the ‘extra’ Commissioner.
The members of the European Council can meet without ‘outsiders’. Under Lisbon, it is even the default option. If the agenda so requires, the members may decide to be assisted by a minister (and Commissioner).
The Foreign Affairs Council is represented by the High Representative anyway. The so called Europeanisation of EU affairs has increasingly made them part of internal policies in the member state and the activities of the European Union go well beyond the traditional area of foreign policy.
The current GAERC has had some difficulty in fulfilling the expectations concerning coordination of the European Council meetings. There are hopes that the new General Affairs Council (GAC) would be better equipped to concentrate on this task.
***
Speculation
Europe Ministers
Ministers for Europe (and the like) have often been junior ministers (formally or informally) in comparison with Foreign Ministers.
If the new GAC becomes more influential, partly because the Council Presidency in turn finds it an outlet for its ambitions, it could mean that the Europe Ministers’ posts start moving towards more heavyweight divisions when new Cabinets are formed in the member states.
If the coordinating functions internally and externally accrue to the Europe Ministers over time, they may become the natural choices to assist their Prime Minister of President during the European Council meetings.
Prime Ministers
Usually the Prime Minister (or President) has the final word on EU affairs. It would probably be unrealistic to expect them to haggle over details at GAC meetings, then to continue the same discussions in the European Council.
But the Prime Minister of the Council Presidency may feel homeless, when the President of the European Council takes over leading its meetings. It is imaginable that the Prime Minister is tempted to chair the meetings of the GAC, at least ahead of the European Council meetings, perhaps even during the six months at the helm of the Council.
Article 15(3) TEU (Lisbon Treaty)
3. The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.
(OJEU 9.5.2008 C 115/23)
Ralf Grahn
Lisbon Treaty & European Council: Composition
The composition of the European Council would undergo one change under the Treaty of Lisbon. The President of the European Council would become a member, according to Article 15(2) of the amended Treaty on European Union (TEU).
The head of state or government of each member state would still be a member, as would the President of the Commission, as under the current Article 4 TEU.
Article 15(2) TEU (Lisbon)
2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.
(OJEU 9.5.2008 C 115/23)
***
Members first class
The heads of state or government would vote, if and when the European Council makes a decision by voting.
***
Members second class
The President of the European Council (chairman) and the President of the Commission do not have the vote, according to Article 235(1) of the Treaty on the Functioning of the European Union (TFEU).
***
High Representative
The High Representative of the Union for Foreign Affairs and Security Policy would take part in the work of the European Council.
The Council meets in different configurations, of which the existing General Affairs and External Relations Council (GAERC) mentioned in Article 2 of the Council’s Rules of Procedure is most closely linked to the European Council through its coordinating functions and its subject matter, external relations.
The Treaty of Lisbon splits the GAERC into two different Council configurations: the coordinating General Affairs Council (GAC) and the Foreign Affairs Council (FAC) (Article 16(6) TEU Lisbon).
(Preparatory work is needed for the implementation of the Lisbon Treaty.)
The High Representative chairs the Foreign Affairs Council (FAC), which means that it would be represented at the meetings of the European Council without the Foreign Ministers of the member states (Article 27(1) TEU Lisbon).
As we will see, this has immediate consequences, but it may have interesting long term implications as well.
Ralf Grahn
The head of state or government of each member state would still be a member, as would the President of the Commission, as under the current Article 4 TEU.
Article 15(2) TEU (Lisbon)
2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.
(OJEU 9.5.2008 C 115/23)
***
Members first class
The heads of state or government would vote, if and when the European Council makes a decision by voting.
***
Members second class
The President of the European Council (chairman) and the President of the Commission do not have the vote, according to Article 235(1) of the Treaty on the Functioning of the European Union (TFEU).
***
High Representative
The High Representative of the Union for Foreign Affairs and Security Policy would take part in the work of the European Council.
The Council meets in different configurations, of which the existing General Affairs and External Relations Council (GAERC) mentioned in Article 2 of the Council’s Rules of Procedure is most closely linked to the European Council through its coordinating functions and its subject matter, external relations.
The Treaty of Lisbon splits the GAERC into two different Council configurations: the coordinating General Affairs Council (GAC) and the Foreign Affairs Council (FAC) (Article 16(6) TEU Lisbon).
(Preparatory work is needed for the implementation of the Lisbon Treaty.)
The High Representative chairs the Foreign Affairs Council (FAC), which means that it would be represented at the meetings of the European Council without the Foreign Ministers of the member states (Article 27(1) TEU Lisbon).
As we will see, this has immediate consequences, but it may have interesting long term implications as well.
Ralf Grahn
Subscribe to:
Posts (Atom)
Subscribe To Grahnlaw
Posts
All Comments
