The Regulation 2006/2004 on Consumer Protection Cooperation (the "CPC Regulation") was adopted on 27 October 2004 and entered into force on 29 December 2006 following two years of intensive preparatory work by the Commission and Member States.
Regulation 2006/2004 lays down the conditions under which the competent authorities in the Member States designated as responsible for the enforcement of the laws that protect consumers' interests shall cooperate with each other and with the Commission in order to ensure compliance with those laws and the smooth functioning of the internal market and in order to enhance the protection of consumers' economic interests (Article 1).
The latest consolidated version of Regulation 2006/2004 is of 19 December 2007, but the Regulation has since been amended by Common Position (EC) No 16/2009.
The Commission has now issued a report on the first two years of application of Regulation 2006/2004:
Report from the Commission to the European Parliament and the Council on the application of Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (Brussels, 2.7.2009 COM(2009) 336 final).
***
The Commission concludes that the cooperation with and between national consumer protection authorities has been beneficial, but further measures are needed to make it more effective and efficient.
The 23 page Report includes a statistical annex.
Ralf Grahn
Showing posts with label cooperation. Show all posts
Showing posts with label cooperation. Show all posts
Saturday, 4 July 2009
Friday, 5 June 2009
Baltic Sea report (Finland)
The Baltic Sea joins eight member of the European Union and Russia. The EU is preparing a Baltic Sea strategy, geared towards economic opportunities.
The government of Finland has prepared a national report, which deals with the marine environment, marine traffic and economic cooperation.
Here is the text of the Finnish government’s press release:
Government Communications Unit
5.6.2009 12.05
Government outlined measures to save the Baltic Sea
At its plenary session on Friday 5 June, the Government approved a report on measures to improve the marine environment of the Baltic Sea, to increase the safety of marine traffic and to strengthen economic cooperation.
The report concentrates on actions that, for Finland, are the most important and most urgent in terms of the Baltic Sea. The most serious problem concerning the Baltic Sea is eutrophication, which is most visible in the form of water surface algal proliferations recurring every summer. To stop eutrophication, measures to reduce the nutrient load from households, industry and agriculture are needed.
In Finland, agriculture accounts for the largest burden on water bodies. The Government proposes in the report measures that will decrease the nutrient load from agriculture in Finland in the next few years. This will take place especially by means of a more careful targeting of agri-environmental support at the most risk-prone areas and field parcels.
The higher traffic volumes in oil and chemical transports and passenger traffic, particularly in the narrow Gulf of Finland, increase accidents risks. The report outlines measures to improve the safety of marine traffic and to prevent accidents in advance. Oil-spill response capabilities will be enhanced by drawing up concrete plans together with Sweden, Estonia and Russia in order to correct shortfalls in equipment, for example.
For Finland, the Baltic Sea region is also an economic opportunity and a route for transports and energy. These issues are treated comprehensively in the EU Strategy for the Baltic Sea Region, currently under preparation. The Government report focuses on economic issues that are the most important for Finland, such as the promotion of the business environment of Finnish companies in the Baltic Sea countries.
The EU Strategy for the Baltic Sea Region forms a central instrument for Finland’s Baltic Sea policy and a channel for exerting influence. The achievement of concrete results concerning the Baltic Sea calls for parallel and simultaneous measures and close cooperation with all countries in the Baltic Sea region. The Northern Dimension provides a functional forum for Baltic Sea cooperation with non-EU countries, particularly Russia.
Further information: Kare Halonen, State Secretary for EU Affairs, Government Secretariat for EU Affairs, tel. +358 9 1602 2180 and Mikaela Grönqvist, Special Adviser, Ministry of the Interior, tel. +358 9 1604 3511
***
Report
The Report is addressed to the Parliament of Finland: Itämeren haasteet ja Itämeripolitiikka. Hallistuksen selonteko (in Finnish).
In Swedish: Östersjöns utmaningar och Östersjöpolitiken. Statsrådets redogörelse
Ralf Grahn
The government of Finland has prepared a national report, which deals with the marine environment, marine traffic and economic cooperation.
Here is the text of the Finnish government’s press release:
Government Communications Unit
5.6.2009 12.05
Government outlined measures to save the Baltic Sea
At its plenary session on Friday 5 June, the Government approved a report on measures to improve the marine environment of the Baltic Sea, to increase the safety of marine traffic and to strengthen economic cooperation.
The report concentrates on actions that, for Finland, are the most important and most urgent in terms of the Baltic Sea. The most serious problem concerning the Baltic Sea is eutrophication, which is most visible in the form of water surface algal proliferations recurring every summer. To stop eutrophication, measures to reduce the nutrient load from households, industry and agriculture are needed.
In Finland, agriculture accounts for the largest burden on water bodies. The Government proposes in the report measures that will decrease the nutrient load from agriculture in Finland in the next few years. This will take place especially by means of a more careful targeting of agri-environmental support at the most risk-prone areas and field parcels.
The higher traffic volumes in oil and chemical transports and passenger traffic, particularly in the narrow Gulf of Finland, increase accidents risks. The report outlines measures to improve the safety of marine traffic and to prevent accidents in advance. Oil-spill response capabilities will be enhanced by drawing up concrete plans together with Sweden, Estonia and Russia in order to correct shortfalls in equipment, for example.
For Finland, the Baltic Sea region is also an economic opportunity and a route for transports and energy. These issues are treated comprehensively in the EU Strategy for the Baltic Sea Region, currently under preparation. The Government report focuses on economic issues that are the most important for Finland, such as the promotion of the business environment of Finnish companies in the Baltic Sea countries.
The EU Strategy for the Baltic Sea Region forms a central instrument for Finland’s Baltic Sea policy and a channel for exerting influence. The achievement of concrete results concerning the Baltic Sea calls for parallel and simultaneous measures and close cooperation with all countries in the Baltic Sea region. The Northern Dimension provides a functional forum for Baltic Sea cooperation with non-EU countries, particularly Russia.
Further information: Kare Halonen, State Secretary for EU Affairs, Government Secretariat for EU Affairs, tel. +358 9 1602 2180 and Mikaela Grönqvist, Special Adviser, Ministry of the Interior, tel. +358 9 1604 3511
***
Report
The Report is addressed to the Parliament of Finland: Itämeren haasteet ja Itämeripolitiikka. Hallistuksen selonteko (in Finnish).
In Swedish: Östersjöns utmaningar och Östersjöpolitiken. Statsrådets redogörelse
Ralf Grahn
Tuesday, 5 May 2009
European Union: Eastern Partnership launch
The Commission has just published an overview of the Eastern Partnership of the European Union: Eastern Parnership (Brussels 5 May 2009, MEMO/09/217), meant to forge ties between the 27 EU member states and Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova and Ukraine.
The Eastern Partnership can be seen as a relaunch of the European Neighbourhood Policy (ENP), and the press release describes its main points.
***
Summit
The Commission’s press release Eastern Partnership Summit to strengthen EU links with Eastern Europe and South Caucasus (Brussels, 5 May 2009, IP/09/700) offers information about the 7 May summit in Prague, where the new cooperation framework is launched, covering political and economic relations, energy security and, mobility, as well as pro-democratic and market oriented reforms.
***
Further information
Further information and documents, are available on the web pages Eastern Partnership of the Commission’s Directorate-General External Relations.
***
Outside views
Ahto Lobjakas has written a short evaluation for Radio Free Europe / Radio Liberty: EU’s Eastern Partnership Strains To Juggle Interests, Values (29 April 2009).
Tomas Valasek of the Centre for European Reform wrote another outside assessment in his blog post Economic crisis and the ‘eastern partnership’ (10 March 2009).
Ralf Grahn
The Eastern Partnership can be seen as a relaunch of the European Neighbourhood Policy (ENP), and the press release describes its main points.
***
Summit
The Commission’s press release Eastern Partnership Summit to strengthen EU links with Eastern Europe and South Caucasus (Brussels, 5 May 2009, IP/09/700) offers information about the 7 May summit in Prague, where the new cooperation framework is launched, covering political and economic relations, energy security and, mobility, as well as pro-democratic and market oriented reforms.
***
Further information
Further information and documents, are available on the web pages Eastern Partnership of the Commission’s Directorate-General External Relations.
***
Outside views
Ahto Lobjakas has written a short evaluation for Radio Free Europe / Radio Liberty: EU’s Eastern Partnership Strains To Juggle Interests, Values (29 April 2009).
Tomas Valasek of the Centre for European Reform wrote another outside assessment in his blog post Economic crisis and the ‘eastern partnership’ (10 March 2009).
Ralf Grahn
Wednesday, 25 March 2009
EU customs cooperation: IPR infringements
European Union customs cooperation against counterfeiting and piracy has advanced one step with the new EU customs action plan to combat infringements of intellectual property rights (IPR) for the years 2009 to 2012.
EU Customs Action Plan to Combat IPR Infringements 2009-2012
The new programme strives to take into account the growing threat posed by counterfeit goods to health and safety and to the environment, as well as the latest trends in the area of counterfeiting and piracy, especially with regard to the new challenges posed by the globalisation of world trade and Internet sales.
Council Resolution 2009/C 71/01 of 16 March 2009 on the EU Customs Action Plan to combat IPR infringements for the years 2009 to 2012 has been published in the Official Journal of the European Union (OJEU) 25.3.2009 C 71/1.
Ralf Grahn
EU Customs Action Plan to Combat IPR Infringements 2009-2012
The new programme strives to take into account the growing threat posed by counterfeit goods to health and safety and to the environment, as well as the latest trends in the area of counterfeiting and piracy, especially with regard to the new challenges posed by the globalisation of world trade and Internet sales.
Council Resolution 2009/C 71/01 of 16 March 2009 on the EU Customs Action Plan to combat IPR infringements for the years 2009 to 2012 has been published in the Official Journal of the European Union (OJEU) 25.3.2009 C 71/1.
Ralf Grahn
Saturday, 7 March 2009
European Parliament and national parliaments
AFCO, the Committee on Constitutional Affairs of the European Parliament, discusses a draft report by Elmar Brok on Monday evening 9 March 2009.
The draft Report on the development of the relations between the European Parliament and national parliaments under the Treaty of Lisbon, dated 26 January 2009, is available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-415.140+02+DOC+PDF+V0//EN&language=EN
The procedure to follow for this own-initiative report is 2008/2120(INI).
Rapporteur Elmar Brok bases his approach on twin tracks of parliamentarisation of the European Union, involving the broadening of the European Parliament’s powers vis-à-vis all the Union’s decisions and the strengthening of the powers of the national parliaments vis-à-vis their respective governments.
The Report presents three groups of rights of the national parliaments under the Lisbon Treaty: rights to be informed, rights to actively participate and rights to object.
The principles of subsidiarity and proportionality are among the key interests of national parliaments (as enshrined in Protocol No. 2 annexed to the consolidated Treaty of Lisbon; OJEU 9.5.2008 C 115/206).
The draft Report contains a number of practical proposals to develop interparliamentary cooperation, including at the level of specialised committees, without encroaching on parliaments' decision-making powers.
Ralf Grahn
The draft Report on the development of the relations between the European Parliament and national parliaments under the Treaty of Lisbon, dated 26 January 2009, is available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-415.140+02+DOC+PDF+V0//EN&language=EN
The procedure to follow for this own-initiative report is 2008/2120(INI).
Rapporteur Elmar Brok bases his approach on twin tracks of parliamentarisation of the European Union, involving the broadening of the European Parliament’s powers vis-à-vis all the Union’s decisions and the strengthening of the powers of the national parliaments vis-à-vis their respective governments.
The Report presents three groups of rights of the national parliaments under the Lisbon Treaty: rights to be informed, rights to actively participate and rights to object.
The principles of subsidiarity and proportionality are among the key interests of national parliaments (as enshrined in Protocol No. 2 annexed to the consolidated Treaty of Lisbon; OJEU 9.5.2008 C 115/206).
The draft Report contains a number of practical proposals to develop interparliamentary cooperation, including at the level of specialised committees, without encroaching on parliaments' decision-making powers.
Ralf Grahn
Monday, 2 February 2009
EU cooperation with third countries
The European Community (European Union) cooperates with third countries in a variety of areas, which has resulted in a plethora of international agreements.
The EU Treaty of Lisbon clarifies the provision on economic, financial and technical cooperation and strengthens the role of the European Parliament to some extent.
***
Current treaty
Since the Treaty of Nice entered into force, Article 181a of the Treaty establishing the European Community (TEC) has provided for cooperation with countries outside the European Union, third countries other than developing countries (catered for in Title XX).
The cooperation is described in general terms as economic, financial and technical.
The general objectives of democracy, the rule of law, human rights and fundamental freedoms are mentioned.
Since the Treaty of Nice the Council is generally able to adopt measures by qualified majority voting (QMV), but the European Parliament is only consulted.
Unanimity is required for the association agreements with states or international organisations and for the agreements to be concluded with the states on the last laps for membership as candidates for accession to the Union.
The European Community can conclude international agreements, but the EC and the member states have parallel powers.
Here is Article 181a TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/127:
TITLE XXI
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
Article 181a TEC
1. Without prejudice to the other provisions of this Treaty, and in particular those of Title XX, the Community shall carry out, within its spheres of competence, economic, financial and technical cooperation measures with third countries. Such measures shall be complementary to those carried out by the Member States and consistent with the development policy of the Community.
Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law, and to the objective of respecting human rights and fundamental freedoms.
2. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the measures necessary for the implementation of paragraph 1. The Council shall act unanimously for the association agreements referred to in Article 310 and for the agreements to be concluded with the States which are candidates for accession to the Union.
3. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The first subparagraph shall be without prejudice to the Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty
Article 2, point 165 of the original Treaty of Lisbon (ToL) inserted a new Chapter 2 on economic, financial and technical cooperation with third countries, and Article 2, point 166 amended Article 181a, which became Article 188h, OJEU 17.12.2007 C 306/94–95:
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
165) A Chapter 2 ‘ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES’ shall be inserted, taking over the heading of Title XXI of Part 3.
166) An Article 188 H shall be inserted, with the wording of Article 181a; it shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. Without prejudice to the other provisions of the Treaties, and in particular Articles 188 D to 188 G, the Union shall carry out economic, financial and technical cooperation measures, including assistance, in particular financial assistance, with third countries other than developing countries. Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union's operations and those of the Member States shall complement and reinforce each other.’;
(b) paragraph 2 shall be replaced by the following:
‘2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of paragraph 1.’;
(c) at the end of the second sentence of the first subparagraph of paragraph 3, the words ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Consolidated Lisbon Treaty
With a feeling of relief we turn to the consolidated version of the Treaty on the Functioning of the European Union (TFEU), where Article 188h has become Article 212 and been given a readable form, OJEU 9.5.2008 C 115/142:
CHAPTER 2
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
Article 212 TFEU
(ex Article 181a TEC)
1. Without prejudice to the other provisions of the Treaties, and in particular Articles 208 to 211, the Union shall carry out economic, financial and technical cooperation measures, including assistance, in particular financial assistance, with third countries other than developing countries. Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union's operations and those of the Member States shall complement and reinforce each other.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of paragraph 1.
3. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and the competent international organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.
The first subparagraph shall be without prejudice to the Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Lisbon Treaty changes
The Treaty of Lisbon clarifies the meaning of ‘third countries’ in this context by saying that they are other than developing countries, to which the provisions on development cooperation apply. These policy areas still have to be consistent.
The relations between the European Union and the member states are given a more positive slant. They shall complement and reinforce each other.
The second TEC subparagraph of paragraph 1 on democracy, the rule of law, human rights and fundamental freedoms has been dropped and replaced by the reference to the framework of the principles and objectives of the EU’s external action (Chapter 1 of Title V of the Treaty on European Union; Articles 21 and 22 TEU).
The role of the European Parliament is strengthened by the introduction of the ordinary legislative procedure (co-decision) replacing consultation.
There is no mention of the separate (unanimous) procedure concerning the association agreements or the agreements to be concluded with the States which are candidates for accession to the Union, but these are provided for in Articles 207 and 208 TFEU (with consent of the European Parliament for association agreements and possibly on other grounds).
The wording of the scope – economic, financial and technical cooperation – remains the same, but if there is a special legal base for international cooperation measures this is applied (for instance trade).
***
International agreements
Normally the international agreements would be called (and are) treaties. But presumably to make the distinction clearer, the TEU and the TEC reserve the term Treaty for themselves and refer to other treaties as international agreements. Hence, on Eur-Lex you find the page International agreements, which allows you to look under classification headings and subject matter:
http://eur-lex.europa.eu/en/accords/accords.htm
Ralf Grahn
The EU Treaty of Lisbon clarifies the provision on economic, financial and technical cooperation and strengthens the role of the European Parliament to some extent.
***
Current treaty
Since the Treaty of Nice entered into force, Article 181a of the Treaty establishing the European Community (TEC) has provided for cooperation with countries outside the European Union, third countries other than developing countries (catered for in Title XX).
The cooperation is described in general terms as economic, financial and technical.
The general objectives of democracy, the rule of law, human rights and fundamental freedoms are mentioned.
Since the Treaty of Nice the Council is generally able to adopt measures by qualified majority voting (QMV), but the European Parliament is only consulted.
Unanimity is required for the association agreements with states or international organisations and for the agreements to be concluded with the states on the last laps for membership as candidates for accession to the Union.
The European Community can conclude international agreements, but the EC and the member states have parallel powers.
Here is Article 181a TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/127:
TITLE XXI
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
Article 181a TEC
1. Without prejudice to the other provisions of this Treaty, and in particular those of Title XX, the Community shall carry out, within its spheres of competence, economic, financial and technical cooperation measures with third countries. Such measures shall be complementary to those carried out by the Member States and consistent with the development policy of the Community.
Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law, and to the objective of respecting human rights and fundamental freedoms.
2. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the measures necessary for the implementation of paragraph 1. The Council shall act unanimously for the association agreements referred to in Article 310 and for the agreements to be concluded with the States which are candidates for accession to the Union.
3. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The first subparagraph shall be without prejudice to the Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty
Article 2, point 165 of the original Treaty of Lisbon (ToL) inserted a new Chapter 2 on economic, financial and technical cooperation with third countries, and Article 2, point 166 amended Article 181a, which became Article 188h, OJEU 17.12.2007 C 306/94–95:
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
165) A Chapter 2 ‘ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES’ shall be inserted, taking over the heading of Title XXI of Part 3.
166) An Article 188 H shall be inserted, with the wording of Article 181a; it shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. Without prejudice to the other provisions of the Treaties, and in particular Articles 188 D to 188 G, the Union shall carry out economic, financial and technical cooperation measures, including assistance, in particular financial assistance, with third countries other than developing countries. Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union's operations and those of the Member States shall complement and reinforce each other.’;
(b) paragraph 2 shall be replaced by the following:
‘2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of paragraph 1.’;
(c) at the end of the second sentence of the first subparagraph of paragraph 3, the words ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Consolidated Lisbon Treaty
With a feeling of relief we turn to the consolidated version of the Treaty on the Functioning of the European Union (TFEU), where Article 188h has become Article 212 and been given a readable form, OJEU 9.5.2008 C 115/142:
CHAPTER 2
ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES
Article 212 TFEU
(ex Article 181a TEC)
1. Without prejudice to the other provisions of the Treaties, and in particular Articles 208 to 211, the Union shall carry out economic, financial and technical cooperation measures, including assistance, in particular financial assistance, with third countries other than developing countries. Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union's operations and those of the Member States shall complement and reinforce each other.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of paragraph 1.
3. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and the competent international organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.
The first subparagraph shall be without prejudice to the Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Lisbon Treaty changes
The Treaty of Lisbon clarifies the meaning of ‘third countries’ in this context by saying that they are other than developing countries, to which the provisions on development cooperation apply. These policy areas still have to be consistent.
The relations between the European Union and the member states are given a more positive slant. They shall complement and reinforce each other.
The second TEC subparagraph of paragraph 1 on democracy, the rule of law, human rights and fundamental freedoms has been dropped and replaced by the reference to the framework of the principles and objectives of the EU’s external action (Chapter 1 of Title V of the Treaty on European Union; Articles 21 and 22 TEU).
The role of the European Parliament is strengthened by the introduction of the ordinary legislative procedure (co-decision) replacing consultation.
There is no mention of the separate (unanimous) procedure concerning the association agreements or the agreements to be concluded with the States which are candidates for accession to the Union, but these are provided for in Articles 207 and 208 TFEU (with consent of the European Parliament for association agreements and possibly on other grounds).
The wording of the scope – economic, financial and technical cooperation – remains the same, but if there is a special legal base for international cooperation measures this is applied (for instance trade).
***
International agreements
Normally the international agreements would be called (and are) treaties. But presumably to make the distinction clearer, the TEU and the TEC reserve the term Treaty for themselves and refer to other treaties as international agreements. Hence, on Eur-Lex you find the page International agreements, which allows you to look under classification headings and subject matter:
http://eur-lex.europa.eu/en/accords/accords.htm
Ralf Grahn
Sunday, 1 February 2009
EU Law: International development cooperation
Cooperation with third countries and international organisations is one aspect of he European Community’s (European Union’s) action to promote global development.
***
Current treaty
Article 181 of the Treaty establishing the European Community (TEC) provides for cooperation and agreements with third countries. The member states retain their powers to act on the international arena and to conclude international agreements.
Article 181 TEC, as published in the latest consolidated version of the treaties in force, OJEU 29.12.2006 C 321 E/127:
Article 181 TEC
Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The previous paragraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty
Article 2, point 164 of the original Lisbon Treaty (ToL) amends and renumbers Article 181 TEC, OJEU 17.12.2007 C 306/94:
164) An Article 188 G shall be inserted, with the wording of Article 181; the second sentence of the first paragraph and the second paragraph shall be deleted.
***
Consolidated Lisbon Treaty
After one more renumbering the undeleted parts appear of what has become Article 211 of the Treaty on the Functioning of the European Union (TFEU), in the consolidated version published OJEU 9.5.2008 C 115/142:
Article 211 TFEU
(ex Article 181 TEC)
Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations.
***
Lisbon Treaty changes
Roughly two thirds of the text is deleted, but it is hard to see anything of value getting lost. In addition, Article 209(2) TFEU already says it.
Even the remaining part of the provision seems to have only an informative (declaratory) value.
Article 211 TFEU is the same as Article III-318(3) of the Constitutional Treaty.
Ralf Grahn
***
Current treaty
Article 181 of the Treaty establishing the European Community (TEC) provides for cooperation and agreements with third countries. The member states retain their powers to act on the international arena and to conclude international agreements.
Article 181 TEC, as published in the latest consolidated version of the treaties in force, OJEU 29.12.2006 C 321 E/127:
Article 181 TEC
Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
The previous paragraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
***
Original Lisbon Treaty
Article 2, point 164 of the original Lisbon Treaty (ToL) amends and renumbers Article 181 TEC, OJEU 17.12.2007 C 306/94:
164) An Article 188 G shall be inserted, with the wording of Article 181; the second sentence of the first paragraph and the second paragraph shall be deleted.
***
Consolidated Lisbon Treaty
After one more renumbering the undeleted parts appear of what has become Article 211 of the Treaty on the Functioning of the European Union (TFEU), in the consolidated version published OJEU 9.5.2008 C 115/142:
Article 211 TFEU
(ex Article 181 TEC)
Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations.
***
Lisbon Treaty changes
Roughly two thirds of the text is deleted, but it is hard to see anything of value getting lost. In addition, Article 209(2) TFEU already says it.
Even the remaining part of the provision seems to have only an informative (declaratory) value.
Article 211 TFEU is the same as Article III-318(3) of the Constitutional Treaty.
Ralf Grahn
Saturday, 6 December 2008
EU social policy: Community action
Social policies essentially fall under the competence of EU member states, but the Commission encourages cooperation and facilitates coordination in all social policy fields.
Studies, opinions and consultations offer the Commission scope for action. The Treaty of Lisbon adds elements of the open method of coordination at treaty level by adding guidelines, indicators, best practices, monitoring and evaluations as new catchwords.
The Lisbon Treaty promises to fight exclusion of the European Parliament by keeping it ‘fully informed’.
The member states have underlined the complementary nature of EU level action, excluding harmonisation of national systems.
EU-OSHA in Bilbao, Cedefop in Thessaloniki, Eurofound in Dublin and the ETF in Turin assist the European Community (European Union) as Community agencies.
***
Social policy objectives
As a reminder, the social policy objectives mentioned in Article 136 TEC (ex Article 117), in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/103, form the background for European Community action in the area of social policy:
– promotion of employment
– improved and harmonised living and working conditions
– social protection
– dialogue between management and labour
– development of human resources
– combating exclusion.
***
Article 140 TEC
Article 140 (ex Article 118c) of the Treaty establishing the European Community (TEC) refers to the social policy objectives (above).
The role of the European Community (Commission) supports the intergovernmental level by encouraging cooperation and facilitating coordination of member states’ action.
The listed fields cover practically the whole social policy area, although the fields are mentioned by way of examples.
Studies, opinions and consultations are mentioned as Commission activities.
Besides problems at national level, international organisations are mentioned. These could be the Council of Europe, the OECD and ILO.
The Economic and Social Committee (ESC) is to be consulted on opinions.
The current Article 139 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/109–110:
Article 140 TEC
With a view to achieving the objectives of Article 136 and without prejudice to the other provisions of this Treaty, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:
— employment,
— labour law and working conditions,
— basic and advanced vocational training,
— social security,
— prevention of occupational accidents and diseases,
— occupational hygiene,
— the right of association and collective bargaining between employers and workers.
To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations.
Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
***
Original Lisbon Treaty (ToL)
Article 2, point 119 of the original Treaty of Lisbon (ToL) amends Article 140 TEC in the following way (OJ 17.12.2007 C 306/82):
119) In Article 140, the following words shall be added at the end of the second subparagraph: ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’.
***
Renumbering ToL
The Table of equivalences of the original Treaty of Lisbon tells us that the social policy title was to be renumbered Title X and that the Article 140 TFEU (ToL) was to be renumbered Article 156 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/216).
***
Consolidated Lisbon Treaty
After the horizontal and specific amendments Article 156 of the Treaty on the Functioning of the European Union (TFEU), in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/116, appears as follows:
(TITLE X
SOCIAL POLICY)
Article 156 TFEU
(ex Article 140 TEC)
With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:
— employment,
— labour law and working conditions,
— basic and advanced vocational training,
— social security,
— prevention of occupational accidents and diseases,
— occupational hygiene,
— the right of association and collective bargaining between employers and workers.
To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
***
Open method of coordination (OMC)
The open method of coordination was introduced in the Lisbon European Council Conclusions in March 2000 as the means to spreading best practice and achieving greater convergence towards the main EU goals.
For a presentation, read for example the section ‘ The Lisbon Agenda and the open method of co-ordination’ in Paul Craig and Gráinne de Búrca: EU Law – Text, Cases, and Materials (Fourth edition, 2007; Oxford University Press), page 150 to 154.
The European Convention proposed the embodiment of OMC elements at treaty level in the social policy area in Article III-107 of the draft Constitution.
The proposal was adopted in Article III-213 of the Constitutional Treaty, and from there it found its way to the Lisbon Treaty, Article 156 TFEU.
***
European Parliament
Coordination and cooperation essentially concern member states’ social policies, which leaves the European Parliament on the sidelines. The reform treaty versions make a modest effort at combating its exclusion.
The draft Constitution Article III-107 proposed, the Constitutional Treaty Article III-213 adopted and the Lisbon Treaty Article 156 TFEU took over the provision that the European Parliament shall be kept fully informed.
***
Economic and Social Committee (ESC or EESC)
In Part six of the Treaty on the Functioning of the European Union (TFEU), under Title 1 Institutional provisions, Chapter 3 The Union’s advisory bodies contains provisions on the Economic and Social Committee (ESC) and the Committee of the Regions (CoR).
Article 300 TFEU is a common basic provision for these advisory bodies (OJ 9.5.2008 C 115/177):
CHAPTER 3
THE UNION'S ADVISORY BODIES
Article 300 TFEU
1. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions, exercising advisory functions.
2. The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.
3. The Committee of the Regions shall consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.
4. The members of the Economic and Social Committee and of the Committee of the Regions shall not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the Union's general interest.
5. The rules referred to in paragraphs 2 and 3 governing the nature of the composition of the Committees shall be reviewed at regular intervals by the Council to take account of economic, social and demographic developments within the Union. The Council, on a proposal from the Commission, shall adopt decisions to that end.
*
Article 300(2) TFEU shows the corporatist structure of the ESC and its advisory capacity.
Section 1 comprising Articles 301 to 304 TFEU concerns the Economic and Social Committee.
Article 156 TFEU makes consultation of the ESC on Commission opinions a mandatory procedural requirement in the same way as under the current Article 140 TEC.
The Committee itself uses the name European Economic and Social Committee (EESC) and it presents itself as the bridge between Europe and organized civil society:
http://www.eesc.europa.eu/
***
Declaration No 31
If there was any lingering doubt as to the limited scope for Commission action under Article 156 TFEU, the member states issued a joint Declaration (No 31) annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon (OJ 9.5.2008 C 115/348):
31. Declaration on Article 156 of the Treaty on the Functioning of the European Union
The Conference confirms that the policies described in Article 156 fall essentially within the competence of the Member States. Measures to provide encouragement and promote coordination to be taken at Union level in accordance with this Article shall be of a complementary nature. They shall serve to strengthen cooperation between Member States and not to harmonise national systems. The guarantees and practices existing in each Member State as regards the responsibility of the social partners will not be affected.
This Declaration is without prejudice to the provisions of the Treaties conferring competence on the Union, including in social matters.
***
Community agencies
A number of Community agencies relevant to the social policy area have been established.
The European Agency for Safety and Health at Work (EU-OSHA), in Bilbao, Spain:
http://europa.eu/agencies/community_agencies/osha/index_en.htm
The European Agency for the Development of Vocational Training (Cedefop), in Thessaloniki, Greece:
http://europa.eu/agencies/community_agencies/cedefop/index_en.htm
The European Foundation for the Improvement of Living and Working Conditions (Eurofound), in Dublin, Ireland:
http://europa.eu/agencies/community_agencies/eurofound/index_en.htm
The European Training Foundation (ETF), in Turin, Italy:
http://europa.eu/agencies/community_agencies/etf/index_en.htm
Ralf Grahn
Studies, opinions and consultations offer the Commission scope for action. The Treaty of Lisbon adds elements of the open method of coordination at treaty level by adding guidelines, indicators, best practices, monitoring and evaluations as new catchwords.
The Lisbon Treaty promises to fight exclusion of the European Parliament by keeping it ‘fully informed’.
The member states have underlined the complementary nature of EU level action, excluding harmonisation of national systems.
EU-OSHA in Bilbao, Cedefop in Thessaloniki, Eurofound in Dublin and the ETF in Turin assist the European Community (European Union) as Community agencies.
***
Social policy objectives
As a reminder, the social policy objectives mentioned in Article 136 TEC (ex Article 117), in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/103, form the background for European Community action in the area of social policy:
– promotion of employment
– improved and harmonised living and working conditions
– social protection
– dialogue between management and labour
– development of human resources
– combating exclusion.
***
Article 140 TEC
Article 140 (ex Article 118c) of the Treaty establishing the European Community (TEC) refers to the social policy objectives (above).
The role of the European Community (Commission) supports the intergovernmental level by encouraging cooperation and facilitating coordination of member states’ action.
The listed fields cover practically the whole social policy area, although the fields are mentioned by way of examples.
Studies, opinions and consultations are mentioned as Commission activities.
Besides problems at national level, international organisations are mentioned. These could be the Council of Europe, the OECD and ILO.
The Economic and Social Committee (ESC) is to be consulted on opinions.
The current Article 139 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/109–110:
Article 140 TEC
With a view to achieving the objectives of Article 136 and without prejudice to the other provisions of this Treaty, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:
— employment,
— labour law and working conditions,
— basic and advanced vocational training,
— social security,
— prevention of occupational accidents and diseases,
— occupational hygiene,
— the right of association and collective bargaining between employers and workers.
To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations.
Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
***
Original Lisbon Treaty (ToL)
Article 2, point 119 of the original Treaty of Lisbon (ToL) amends Article 140 TEC in the following way (OJ 17.12.2007 C 306/82):
119) In Article 140, the following words shall be added at the end of the second subparagraph: ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’.
***
Renumbering ToL
The Table of equivalences of the original Treaty of Lisbon tells us that the social policy title was to be renumbered Title X and that the Article 140 TFEU (ToL) was to be renumbered Article 156 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/216).
***
Consolidated Lisbon Treaty
After the horizontal and specific amendments Article 156 of the Treaty on the Functioning of the European Union (TFEU), in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/116, appears as follows:
(TITLE X
SOCIAL POLICY)
Article 156 TFEU
(ex Article 140 TEC)
With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:
— employment,
— labour law and working conditions,
— basic and advanced vocational training,
— social security,
— prevention of occupational accidents and diseases,
— occupational hygiene,
— the right of association and collective bargaining between employers and workers.
To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.
***
Open method of coordination (OMC)
The open method of coordination was introduced in the Lisbon European Council Conclusions in March 2000 as the means to spreading best practice and achieving greater convergence towards the main EU goals.
For a presentation, read for example the section ‘ The Lisbon Agenda and the open method of co-ordination’ in Paul Craig and Gráinne de Búrca: EU Law – Text, Cases, and Materials (Fourth edition, 2007; Oxford University Press), page 150 to 154.
The European Convention proposed the embodiment of OMC elements at treaty level in the social policy area in Article III-107 of the draft Constitution.
The proposal was adopted in Article III-213 of the Constitutional Treaty, and from there it found its way to the Lisbon Treaty, Article 156 TFEU.
***
European Parliament
Coordination and cooperation essentially concern member states’ social policies, which leaves the European Parliament on the sidelines. The reform treaty versions make a modest effort at combating its exclusion.
The draft Constitution Article III-107 proposed, the Constitutional Treaty Article III-213 adopted and the Lisbon Treaty Article 156 TFEU took over the provision that the European Parliament shall be kept fully informed.
***
Economic and Social Committee (ESC or EESC)
In Part six of the Treaty on the Functioning of the European Union (TFEU), under Title 1 Institutional provisions, Chapter 3 The Union’s advisory bodies contains provisions on the Economic and Social Committee (ESC) and the Committee of the Regions (CoR).
Article 300 TFEU is a common basic provision for these advisory bodies (OJ 9.5.2008 C 115/177):
CHAPTER 3
THE UNION'S ADVISORY BODIES
Article 300 TFEU
1. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions, exercising advisory functions.
2. The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.
3. The Committee of the Regions shall consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.
4. The members of the Economic and Social Committee and of the Committee of the Regions shall not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the Union's general interest.
5. The rules referred to in paragraphs 2 and 3 governing the nature of the composition of the Committees shall be reviewed at regular intervals by the Council to take account of economic, social and demographic developments within the Union. The Council, on a proposal from the Commission, shall adopt decisions to that end.
*
Article 300(2) TFEU shows the corporatist structure of the ESC and its advisory capacity.
Section 1 comprising Articles 301 to 304 TFEU concerns the Economic and Social Committee.
Article 156 TFEU makes consultation of the ESC on Commission opinions a mandatory procedural requirement in the same way as under the current Article 140 TEC.
The Committee itself uses the name European Economic and Social Committee (EESC) and it presents itself as the bridge between Europe and organized civil society:
http://www.eesc.europa.eu/
***
Declaration No 31
If there was any lingering doubt as to the limited scope for Commission action under Article 156 TFEU, the member states issued a joint Declaration (No 31) annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon (OJ 9.5.2008 C 115/348):
31. Declaration on Article 156 of the Treaty on the Functioning of the European Union
The Conference confirms that the policies described in Article 156 fall essentially within the competence of the Member States. Measures to provide encouragement and promote coordination to be taken at Union level in accordance with this Article shall be of a complementary nature. They shall serve to strengthen cooperation between Member States and not to harmonise national systems. The guarantees and practices existing in each Member State as regards the responsibility of the social partners will not be affected.
This Declaration is without prejudice to the provisions of the Treaties conferring competence on the Union, including in social matters.
***
Community agencies
A number of Community agencies relevant to the social policy area have been established.
The European Agency for Safety and Health at Work (EU-OSHA), in Bilbao, Spain:
http://europa.eu/agencies/community_agencies/osha/index_en.htm
The European Agency for the Development of Vocational Training (Cedefop), in Thessaloniki, Greece:
http://europa.eu/agencies/community_agencies/cedefop/index_en.htm
The European Foundation for the Improvement of Living and Working Conditions (Eurofound), in Dublin, Ireland:
http://europa.eu/agencies/community_agencies/eurofound/index_en.htm
The European Training Foundation (ETF), in Turin, Italy:
http://europa.eu/agencies/community_agencies/etf/index_en.htm
Ralf Grahn
Sunday, 27 April 2008
EU TFEU: Member states and national security cooperation
As a corollary to the exclusionary powers of each member state to provide ‘national security’, the Treaty of Lisbon spells out the freedom of the member states of the European Union to cooperate and coordinate their actions as the see fit, outside the EU structures and under their responsibility.
Is this a fruitful approach to enhancing the security for EU citizens?
***
Article 73 of the Treaty on the Functioning of the European Union (TFEU) is presented as it stands after the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL), renumbered and provisionally consolidated by the Council of the European Union (document 6655/08; page 97), with the location of the provision added from the table of equivalences (page 460 to 462):
Part Three ‘Policies and internal actions of the Union’
Title V TFEU ‘Area of freedom, security and justice’
Chapter 1 ‘General provisions’
Article 73 TFEU
It shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security.
***
In Article 2, point 64, of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) agreed on the wording (as above) of the new Article 61f TFEU (ToL), which became Article 73 TFEU after renumbering in the consolidated version (OJ 17.12.2007 C 308/58).
***
The IGC 2007 Mandate mentioned the insertion of a provision about cooperation and coordination by member states in the field of national security as one of the modifications compared to the results of the IGC 2004 (Council document 11218/07, pages 7 – 8, point 19j). Point 2(a) of Annex 2 (page 15) spelt out the text of what then called the ‘following new second subparagraph’, but became Article 73 TFEU with almost identical wording.
Annex 1, point 4 (page 12), contained the amendments to be made in what was to become Article 4 TEU, including the sentence added to the end of the second paragraph: ‘In particular, national security remains the sole responsibility of each Member State’. – We mentioned the amended Article 4(2) TEU in yesterday’s post on Article 72 TFEU, when we wondered at what appeared to be a lack of discussion on the merits of this go-it-alone approach.
***
As the brainchild of the IGC 2007, Article 73 TFEU has no corresponding provision in the current treaties, the draft Constitution or the Constitutional Treaty.
***
Here are a few thoughts for you, dear readers, to develop further and possibly to discuss:
The member states of the European Union have introduced the term ‘national security’ into the EU treaties.
‘National security’ has been resolutely excluded from the scope of EU competences, by declaring it to be the sole responsibility of each member state, while ‘internal security’ is to some extent an area for EU action.
Member states may (as a meaningless consolation?) or may not cooperate or coordinate their actions between themselves in the field of ‘national security’, outside the EU structures and under their sole responsibility, as they see fit.
The only treaty obligations coming to my mind at this point seem to be of a negative kind and quite general in nature: to refrain from any measure which could jeopardise the attainment of the Union’s objectives (Article 4(3) TEU).
The troubling aspect is that ‘national security’ is centred on exclusionary turf thinking – to shut the EU and the other member states out from meddling in ‘our’ affairs – while evading the questions about what would be conducive to an enhanced level of security for citizens of the European Union.
Are the public goods delivered less important than the monopoly to handle or mishandle these affairs?
Ralf Grahn
Consolidated EU Treaties:
If you want to read or download the Council’s consolidated Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Lisbon Treaty, the original Treaty of Lisbon, the current TEU and TEC, the Draft Constitution, the Constitutional Treaty, or other consolidated language versions of the Lisbon Treaty TEU and TFEU, you find the needed information and links in the blawg post ‘Consolidated Treaty of Lisbon and other EU materials’ of 21 April 2008:
http://grahnlaw.blogspot.com/2008/04/consolidated-treaty-of-lisbon-and-other.html
Is this a fruitful approach to enhancing the security for EU citizens?
***
Article 73 of the Treaty on the Functioning of the European Union (TFEU) is presented as it stands after the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL), renumbered and provisionally consolidated by the Council of the European Union (document 6655/08; page 97), with the location of the provision added from the table of equivalences (page 460 to 462):
Part Three ‘Policies and internal actions of the Union’
Title V TFEU ‘Area of freedom, security and justice’
Chapter 1 ‘General provisions’
Article 73 TFEU
It shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security.
***
In Article 2, point 64, of the Treaty of Lisbon (ToL) the intergovernmental conference (IGC 2007) agreed on the wording (as above) of the new Article 61f TFEU (ToL), which became Article 73 TFEU after renumbering in the consolidated version (OJ 17.12.2007 C 308/58).
***
The IGC 2007 Mandate mentioned the insertion of a provision about cooperation and coordination by member states in the field of national security as one of the modifications compared to the results of the IGC 2004 (Council document 11218/07, pages 7 – 8, point 19j). Point 2(a) of Annex 2 (page 15) spelt out the text of what then called the ‘following new second subparagraph’, but became Article 73 TFEU with almost identical wording.
Annex 1, point 4 (page 12), contained the amendments to be made in what was to become Article 4 TEU, including the sentence added to the end of the second paragraph: ‘In particular, national security remains the sole responsibility of each Member State’. – We mentioned the amended Article 4(2) TEU in yesterday’s post on Article 72 TFEU, when we wondered at what appeared to be a lack of discussion on the merits of this go-it-alone approach.
***
As the brainchild of the IGC 2007, Article 73 TFEU has no corresponding provision in the current treaties, the draft Constitution or the Constitutional Treaty.
***
Here are a few thoughts for you, dear readers, to develop further and possibly to discuss:
The member states of the European Union have introduced the term ‘national security’ into the EU treaties.
‘National security’ has been resolutely excluded from the scope of EU competences, by declaring it to be the sole responsibility of each member state, while ‘internal security’ is to some extent an area for EU action.
Member states may (as a meaningless consolation?) or may not cooperate or coordinate their actions between themselves in the field of ‘national security’, outside the EU structures and under their sole responsibility, as they see fit.
The only treaty obligations coming to my mind at this point seem to be of a negative kind and quite general in nature: to refrain from any measure which could jeopardise the attainment of the Union’s objectives (Article 4(3) TEU).
The troubling aspect is that ‘national security’ is centred on exclusionary turf thinking – to shut the EU and the other member states out from meddling in ‘our’ affairs – while evading the questions about what would be conducive to an enhanced level of security for citizens of the European Union.
Are the public goods delivered less important than the monopoly to handle or mishandle these affairs?
Ralf Grahn
Consolidated EU Treaties:
If you want to read or download the Council’s consolidated Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Lisbon Treaty, the original Treaty of Lisbon, the current TEU and TEC, the Draft Constitution, the Constitutional Treaty, or other consolidated language versions of the Lisbon Treaty TEU and TFEU, you find the needed information and links in the blawg post ‘Consolidated Treaty of Lisbon and other EU materials’ of 21 April 2008:
http://grahnlaw.blogspot.com/2008/04/consolidated-treaty-of-lisbon-and-other.html
Sunday, 16 December 2007
EU Treaty of Lisbon: Member States
Surely, not only one, but 27 European governments must have signed away their countries, freedoms, democracy, the rule of law as well as their cultures, traditions and languages on that fatal 13 December 2007 in Lisbon, didn’t they?
Everything worth living and dying for was crushed by the new evil empire born, the European Superstate, wasn’t it?
Alice in Wonderland never had the hallucinating experiences a few glimpses of the English tabloids and blogosphere offer in abundance. Vitriolic distortion seems to be par for the course.
Judging from the shouted comments, few of the scare-mongering crowd have read the existing EU and EC Treaties or the amending Treaty of Lisbon, and even fewer have understood their contents.
The government of the United Kingdom has, along with 26 other governments, signed the Reform Treaty of the European Union, named the Treaty of Lisbon. But the UK government and Parliament have not stood up for the amending Treaty.
Mainly, they have been busy with explaining and exploring where they have managed to obstruct the progress of others and how convincingly they have been able to distance themselves from the rest of Europe by various opt-outs and quibbles over wording.
Instead of relinquishing new powers to the European Union, the Member States have mainly tinkered with the internal “rules of procedure” in order to make the enlarged Union become a bit less ineffective in dealing with the competences it already has.
Effectiveness, democracy and solidarity have advanced timorously. On the whole, the European Union is not going to be able to act decisively on the world stage, in spite of growing global challenges.
The foreign, security and defence policies of the European Union continue to be highly intergovernmental and ineffective, requiring unanimity in crucial decisions (liberum veto) and practically outside democratic scrutiny at the Union level. That the individual governments lack the capacity to meet the main challenges effectively, seems to be a minor concern.
***
Let us look at what the amended Treaty on European Union actually says.
After the basic Treaty structure, values and objectives of the European Union, we reach some of the umpteen reminders that the EU at this stage is mainly a creature of Member States’ governments, and that the Union is held on a short leash (well too short to achieve its most important aims).
Instead of a list of overwhelming powers being relinquished by the governments, we are confronted with a variety of clauses hedging in the capacity of the European Union to act.
Up front, the EU Treaty resembles the Ten Commandments: Thou shalt not …
Time and again, we are reminded of what the Union shall not do, irrespectively of if the Member States can meet the challenges effectively on their own.
***
The new Article 3a, paragraph 1, tells us that the European Union exercises only the powers conferred upon it. The principle of attributed powers limits the scope of Union legislation and action. Everything the EU does, has to be based on the Treaties.
All other powers (competences) remain with the Member States. And the Member States themselves, through their representatives, man the European Council and the Council, the two most important institutions of the EU.
The European Union may not be fully democratic, but it is subject to the rule of law.
In addition to the principle of equality of Member States, Article 3a, paragraph 2, contains a host of pointers on the questions remaining within the purview of the Member States. National identities, political and constitutional structures, regional and local self-government, territorial integrity, law and order as well as national security (mentioned twice) remain, fundamentally, matters for the Member States. (This follows the wording of the Constitutional Treaty, Article I-5, paragraph 1, except for the mainly repetitive words now added: In particular, national security remains the sole responsibility of each Member State.)
Since the European Union is a joint effort, established to promote common interests, Article 3a, paragraph 3, reminds us that team efforts are needed. On the whole, the European Union lacks the administrative machinery needed to execute its acts and decisions. Therefore, the Member States have an obligation to fulfil these obligations. This shall be done in a spirit of loyal cooperation. (Article 10 of the current TEC is essentially the same as the second and third subparagraphs of Article 3a(3); Article I-5, paragraph 2, of the Constitutional Treaty would have been essentially the same as the whole paragraph 3 of Article 3a).
***
The Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07). Article 3 is repealed and the following Article 3a is inserted:
1. In accordance with Article 3b, competences not conferred upon the Union in the Treaties remain with the Member States.
2. The Union shall respect the equality of the Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.
3. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.
***
The Member States are mentioned ad nauseam in the amended Treaty on European Union, but otherwise I see very little to merit popular uprisings or grave insults. Tedious stuff, mainly.
I realise that I am a hack, totally lacking the inventive spirit of tabloid journalists.
Ralf Grahn
Everything worth living and dying for was crushed by the new evil empire born, the European Superstate, wasn’t it?
Alice in Wonderland never had the hallucinating experiences a few glimpses of the English tabloids and blogosphere offer in abundance. Vitriolic distortion seems to be par for the course.
Judging from the shouted comments, few of the scare-mongering crowd have read the existing EU and EC Treaties or the amending Treaty of Lisbon, and even fewer have understood their contents.
The government of the United Kingdom has, along with 26 other governments, signed the Reform Treaty of the European Union, named the Treaty of Lisbon. But the UK government and Parliament have not stood up for the amending Treaty.
Mainly, they have been busy with explaining and exploring where they have managed to obstruct the progress of others and how convincingly they have been able to distance themselves from the rest of Europe by various opt-outs and quibbles over wording.
Instead of relinquishing new powers to the European Union, the Member States have mainly tinkered with the internal “rules of procedure” in order to make the enlarged Union become a bit less ineffective in dealing with the competences it already has.
Effectiveness, democracy and solidarity have advanced timorously. On the whole, the European Union is not going to be able to act decisively on the world stage, in spite of growing global challenges.
The foreign, security and defence policies of the European Union continue to be highly intergovernmental and ineffective, requiring unanimity in crucial decisions (liberum veto) and practically outside democratic scrutiny at the Union level. That the individual governments lack the capacity to meet the main challenges effectively, seems to be a minor concern.
***
Let us look at what the amended Treaty on European Union actually says.
After the basic Treaty structure, values and objectives of the European Union, we reach some of the umpteen reminders that the EU at this stage is mainly a creature of Member States’ governments, and that the Union is held on a short leash (well too short to achieve its most important aims).
Instead of a list of overwhelming powers being relinquished by the governments, we are confronted with a variety of clauses hedging in the capacity of the European Union to act.
Up front, the EU Treaty resembles the Ten Commandments: Thou shalt not …
Time and again, we are reminded of what the Union shall not do, irrespectively of if the Member States can meet the challenges effectively on their own.
***
The new Article 3a, paragraph 1, tells us that the European Union exercises only the powers conferred upon it. The principle of attributed powers limits the scope of Union legislation and action. Everything the EU does, has to be based on the Treaties.
All other powers (competences) remain with the Member States. And the Member States themselves, through their representatives, man the European Council and the Council, the two most important institutions of the EU.
The European Union may not be fully democratic, but it is subject to the rule of law.
In addition to the principle of equality of Member States, Article 3a, paragraph 2, contains a host of pointers on the questions remaining within the purview of the Member States. National identities, political and constitutional structures, regional and local self-government, territorial integrity, law and order as well as national security (mentioned twice) remain, fundamentally, matters for the Member States. (This follows the wording of the Constitutional Treaty, Article I-5, paragraph 1, except for the mainly repetitive words now added: In particular, national security remains the sole responsibility of each Member State.)
Since the European Union is a joint effort, established to promote common interests, Article 3a, paragraph 3, reminds us that team efforts are needed. On the whole, the European Union lacks the administrative machinery needed to execute its acts and decisions. Therefore, the Member States have an obligation to fulfil these obligations. This shall be done in a spirit of loyal cooperation. (Article 10 of the current TEC is essentially the same as the second and third subparagraphs of Article 3a(3); Article I-5, paragraph 2, of the Constitutional Treaty would have been essentially the same as the whole paragraph 3 of Article 3a).
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The Treaty on European Union, as amended by the Treaty of Lisbon (CIG 14/07). Article 3 is repealed and the following Article 3a is inserted:
1. In accordance with Article 3b, competences not conferred upon the Union in the Treaties remain with the Member States.
2. The Union shall respect the equality of the Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.
3. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.
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The Member States are mentioned ad nauseam in the amended Treaty on European Union, but otherwise I see very little to merit popular uprisings or grave insults. Tedious stuff, mainly.
I realise that I am a hack, totally lacking the inventive spirit of tabloid journalists.
Ralf Grahn
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