The state of the European Union: EU-27 Watch No 9 published

Actually, EU-27 Watch offers more than it promises. Despite its name, the Internet platform compiles materials on European policy debates in 31 countries, as reported by researchers from national research institutes (think tanks): 27 EU member states as well as the four candidate countries for accession, Croatia, Turkey, Macedonia and Iceland.



The EU-27 Watch No 9 now published is an important overview of the European Union as seen from national capitals through expert eyes.



Under the Current Issue, the Introduction by Katrin Böttger and Julian Plottka provides an excellent summary of European Union events and opinions during the latest six months: The EU in 2010 – between excitement over the Lisbon Treaty and anxieties about the financial and economic crisis.



Alternatively, you can access the pdf version of the EU-27 Watch No 9 Introduction (and the Questionnaire) as a pdf file. The main policy areas covered are:


• Implementation of the Lisbon Treaty;
• Enlargement and Neighbourhood Policy;
• European economic policy and the financial and economic crisis;
• Climate and energy policy; and
• Other current issues and discourses in the reporting countries.



Economic policy

Note that EU economic policies and the financial and economic crises are discussed extensively, not only in the dedicated chapter, but in the own-initiative chapter on domestic debates as well (Other current issues). The economy is the central issue right now, even if the remedies to apply are far from clear at this stage.



Countries and policy areas



There are now two ways to approach the new EU-27 report. You can read the country sections on the various policy debates, or you can peruse the policies you are interested in sorted into country contributions.

One thing I missed from the old EU-27 reports was the convenient possibility to access or download the whole publication as one file, at one go.




Ralf Grahn



P.S. It is easier to understand a language than to use it correctly, and as Eurobloggers we should promote interaction among Europeans. Grahnlaw has adopted a multilingual comment policy:

I do my best to read comments in Danish, Dutch, English, Finnish, French, German, Italian, Norwegian, Portuguese, Spanish or Swedish, even if the Grahnlaw blog and my possible replies are in English.

EU overseas association framework

The associated non-European, overseas countries and territories (OCTs) are special. They do not form part of the European Community (European Union), but neither are they third countries from the EU’s point of view.

The relations between the European Community and the OCTs are both special and asymmetric.

Article 183 of the Treaty establishing the European Community lays down some basic principles concerning this special relationship. The framework covers the trade regime, investments for development, procurement (tenders) and the right of establishment.

Trade: The EU member states apply the same rules to their trade with the OCTs as to the other member states (paragraph 1). .

An OCT applies the same trade rules to other EU member states as it applies to its mother country (paragraph 2).

Development investments: The EU member states contribute to development investments in the overseas countries and territories (paragraph 3).

Tenders: As a counterweight to the financial obligations of EU member states, businesses from all member states or other OCTs can participate in procurement procedures concerning Community investments in OCTs on equal terms (paragraph 4).

Establishment: Non-discriminatory rights of establishment are to be set out (paragraph 5).


The wording of Article 183 of the Treaty establishing the European Community (TEC):



Article 183 TEC

Association shall have the following objectives.

1. Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to this Treaty.

2. Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations.

3. The Member States shall contribute to the investments required for the progressive development of these countries and territories.

4. For investments financed by the Community, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.

5. In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non‑discriminatory basis, subject to any special provisions laid down pursuant to Article 187.


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Consolidated Lisbon Treaty

Article 183 TEC underwent no specific amendments, so without looking at the intervening steps we present the consolidated version of the Treaty on the Functioning of the European Union (TFEU, where the corresponding provision is Article 199 (OJEU 9.5.2008 C 115/137):

(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)



Article 199 TFEU
(ex Article 183 TEC)

Association shall have the following objectives.

1. Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to the Treaties.

2. Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations.

3. The Member States shall contribute to the investments required for the progressive development of these countries and territories.

4. For investments financed by the Union, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.

5. In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non-discriminatory basis, subject to any special provisions laid down pursuant to Article 203.


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Scadplus

The Commission’s Scadplus web pages contain summaries of Community legislation. The page Association of the OCTs with the European Community is available here (latest update 20 February 2008):

http://europa.eu/scadplus/leg/en/lvb/r12301.htm



The web page European Development Fund (EDF) presents the main instrument for aid to African, Caribbean and Pacific states (ACP countries) and OCTs (last updated 14 June 2007):


http://europa.eu/scadplus/leg/en/lvb/r12102.htm


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Commission

The Commission’s Directorate-General Development offers additional information and links on the web page EU relations with its associated overseas territories:

http://ec.europa.eu/development/geographical/regionscountries/regionscountriesocts_en.cfm



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Future overseas association relations

The Commission has issued a Green Paper on future OCT relations. The Communication Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 COM(2008) 383 final, is available here:

http://ec.europa.eu/development/icenter/repository/1_EN_ACT_part1_v8.pdf


With the Green Paper the Commission launched a discussion on the future relations between the EU and the OCTs, in the longer term. The grounds, objectives and nature of the solidarity between the EU and the OCTs are discussed. More specific issues regarding the trade regime applicable to the OCTs and the OCTs’ specific characteristics are dealt with in a Commission staff working paper.

In addition to the questions about the future, the Green Paper presents the situation of the European Community, the member states and OCT nationals, especially if you read the Annexes contained in
The Commission Staff Working Document accompanying the Green Paöer Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF



In other words, if you regard one of the following OCTs as more than an exotic holiday destination, you might want to read the Commission papers:

Greenland, New Caledonia and Dependencies, French Polynesia, French Southern and Antarctic Territories, Wallis and Futuna Islands, Mayotte, Saint Pierre and Miquelon, Aruba, Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten), Anguilla, Cayman Islands, Falkland Islands, South Georgia and the South Sandwich Islands, Montserrat, Pitcairn, Saint Helena and Dependencies, British Antarctic Territory, British Indian Ocean Territory, Turks and Caicos Islands, British Virgin Islands, [Bermuda].



Ralf Grahn

EU Law: Associated overseas countries and territories

The Treaty establishing the European Community sets out a special regime – association – for overseas countries and territories with a special relationship to one of the member states Denmark, France, the Netherlands or the United Kingdom.

These non-European countries and territories are not independent states. European Community (European Union) law does not apply directly to them.

***


Current TEC


The Preamble of the Treaty establishing the European Community (TEC) evokes the intention to confirm the solidarity which binds Europe and the overseas countries and the desire to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations.

Among the activities of the European Community Article 3(1)(s) TEC mentions the association of the overseas countries and territories in order to increase trade and promote jointly economic and social development.

Article 182 TEC sets out the geographical scope of the associated overseas countries and territories, OCTs in Eurojargon.

First of all, such relations exist only with Denmark, France, the Netherlands and the United Kingdom.

Further, these non-European countries and territories are listed in TEC Annex II (below).

The purpose and the aims of association can be described as benevolent. They are laid down in the second and the third paragraph:

PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES

Article 182 TEC

The Member States agree to associate with the Community the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II to this Treaty.

The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Community as a whole.

In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.


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Original Lisbon Treaty (ToL)

Article 2, point 151 of the original Treaty of Lisbon (ToL) made a cosmetic change to Article 182 TEC (OJEU 17.12.2007 C 306/90):

ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES

151) At the end of Article 182, first paragraph, the words ‘to this Treaty’ shall be deleted.

***


Renumbering the Treaty of Lisbon (ToL)

The Table of equivalences of the original Treaty of Lisbon tells us that Article 182 TEC became Article 182 TFEU (ToL) and was then renumbered Article 198 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/219).


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Consolidated Lisbon Treaty

Article 198 TFEU

In addition to the specific but cosmetic amendment, the usual horizontal amendment replaced Community by Union. Article 198 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/137):

PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES

Article 198 TFEU
(ex Article 182 TEC)

The Member States agree to associate with the Union the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II.

The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.

In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.



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Annex II

The latest official version of the list of associated overseas countries and territories is annexed to the consolidated Treaty of Lisbon (OJEU 9.5.2008 C 115/334):

ANNEX II
OVERSEAS COUNTRIES AND TERRITORIES TO WHICH THE PROVISIONS OF PART FOUR OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION APPLY

— Greenland,
— New Caledonia and Dependencies,
— French Polynesia,
— French Southern and Antarctic Territories,
— Wallis and Futuna Islands,
— Mayotte,
— Saint Pierre and Miquelon,
— Aruba,
— Netherlands Antilles:
· Bonaire,
· Curaçao,
· Saba,
· Sint Eustatius,
· Sint Maarten,
— Anguilla,
— Cayman Islands,
— Falkland Islands,
— South Georgia and the South Sandwich Islands,
— Montserrat,
— Pitcairn,
— Saint Helena and Dependencies,
— British Antarctic Territory,
— British Indian Ocean Territory,
— Turks and Caicos Islands,
— British Virgin Islands,
— Bermuda.



Ralf Grahn