Both the European Community (European Union) and the individual member states are active in global development cooperation, which raises the need for concerted and coordinated action.
The current Treaty establishing the European Community takes this into account, and the Lisbon Treaty would give the relevant provision added focus.
Further reading is suggested for those who want to dig deeper.
***
Current treaty
Article 180 of the Treaty establishing the European Community (TEC) provides for coordination and consultation between the European Community (European Union) and the member states on their development aid programmes.
International organisations and conferences, such as the United Nations and its organisations, are important forums, where the EU and the member states are expected to consult and to coordinate their actions.
Here is the wording of the current Article 180 TEC, published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/126:
Article 180 TEC
1. The Community and the Member States shall coordinate their policies on development cooperation and shall consult each other on their aid programmes, including in international organisations and during international conferences. They may undertake joint action. Member States shall contribute if necessary to the implementation of Community aid programmes.
2. The Commission may take any useful initiative to promote the coordination referred to in
paragraph 1.
***
Original Lisbon Treaty
The intergovernmental conference (IGC 2007) amended the TEC ‘in the usual manner’ by inserting amendments, such as in Article 2, point 163 of the original Treaty of Lisbon, OJEU 17.12.2007 C 306/94:
163) An Article 188 F shall be inserted, with the wording of Article 180; it shall be amended as follows:
At the beginning of paragraph 1, the following words shall be inserted: ‘In order to promote the complementarity and efficiency of their action,’.
***
Consolidated Lisbon Treaty
The consolidated Lisbon Treaty made Article 188f TFEU (ToL) readable once more. Renumbered Article 210 of the Treaty on the Functioning of the European Union (TFEU), it looks like this (OJEU 9.5.2008 C 115/142):
Article 210 TFEU
(ex Article 180 TEC)
1. In order to promote the complementarity and efficiency of their action, the Union and the Member States shall coordinate their policies on development cooperation and shall consult each other on their aid programmes, including in international organisations and during international conferences. They may undertake joint action. Member States shall contribute if necessary to the implementation of Union aid programmes.
2. The Commission may take any useful initiative to promote the coordination referred to in paragraph 1.
***
Lisbon Treaty changes
By the addition of the promotion of the complementarity and efficiency of action, the IGC 2007 gives the coordination and consultation more focus. Hardly a bad idea, given that the EU plus 27 potentially divergent member states are a lot to host for a single developing nation with scarce resources. On international forums, only a united European Union can hope to create effective development strategies with global reach.
Since the powers in development cooperation remain shared in a specific manner between the member states and the EU, according to Article 4(4) TFEU, the Commission is still invited to take any useful initiatives to promote coordination.
The end result is that Article 210 TFEU is the same as Article III-318(1) and (2) of the Constitutional Treaty.
***
EuropeAid Annual Report for 2007
EuropeAid (under Commissioner Benita Ferrero-Waldner) manages the Commission’s external aid programmes, and its Annual Report 2008 on the European Community’s development and external assistance policies and their implementation in 2007 (176 pages) was published in the autumn:
http://ec.europa.eu/europeaid/multimedia/publications/documents/annual-reports/europeaid_annual_report_2008_en.pdf
Ralf Grahn
Showing posts with label development cooperation. Show all posts
Showing posts with label development cooperation. Show all posts
Saturday, 31 January 2009
EU development cooperation legislation
The general objectives of European Community (European Union) external action are beautiful, but they need to be put into practice.
In the area of development cooperation the Treaty establishing the European Community spells out how the legislative measures are taken.
The EU Treaty of Lisbon modifies and modernises the current treaty level provisions.
In addition, we present some of the existing secondary legislation for readers interested in EU development cooperation law and policies.
***
Current treaty
Article 179 of the Treaty establishing the European Community (TEC) deals with how the development cooperation objectives are put into practice.
These measures include, but are not restricted to, multiannual programmes. The co-decision procedure applies, so the European Parliament participates on an equal basis as co-legislator.
The European Investment Bank (EIB) contributes to implementation by making funds available.
The special role of cooperation with the African, Caribbean and Pacific countries ACPs) within the framework of the ACP-EC Convention is emphasised treating it separately.
The current Article 179 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/126:
Article 179 TEC
1. Without prejudice to the other provisions of this Treaty, the Council, acting in accordance with the procedure referred to in Article 251, shall adopt the measures necessary to further the objectives referred to in Article 177. Such measures may take the form of multiannual programmes.
2. The European Investment Bank shall contribute, under the terms laid down in its Statute, to the implementation of the measures referred to in paragraph 1.
3. The provisions of this Article shall not affect cooperation with the African, Caribbean and Pacific countries in the framework of the ACP-EC Convention.
***
Original Lisbon Treaty
Article 2, point 162 of the original Treaty of Lisbon (ToL) amended Article 179 and made it into Article 188e (OJEU 17.12.2007 C 306/94):
162) An Article 188 E shall be inserted, with the wording of Article 179; it shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.’;
(b) the following new paragraph 2 shall be inserted:
‘2. The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 10 A of the Treaty on European Union and in Article 188 D of this Treaty.
The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.’;
(c) the current paragraph 2 shall be renumbered ‘3’ and the current paragraph 3 shall be deleted.
***
Consolidated Lisbon Treaty
A few months after the signing ceremony the age of private, semi-private, semi-governmental, governmental and parliamentary consolidations came to an end. The Council had picked up the necessary courage to publish the treaties in a readable form, as amended by the Treaty of Lisbon, and on Europe Day 9 May 2008 the consolidated version was even published in the Official Journal of the European Union.
Had the Council’s initial refusal to publish a consolidation before the new treaty was in force prevailed, we would still be waiting for an ‘official’ consolidation in all official EU languages and a common reference for all EU citizens until the beginning of 2010 at the earliest and possibly eternally.
With joy and gratitude we present Article 188e of the Treaty on the Functioning of the European Union (TFEU ToL), renumbered and reassembled in the consolidated version as Article 209 TFEU, OJEU 9.5.2008 C 115/141:
Article 209 TFEU
(ex Article 179 TEC)
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.
2. The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 21 of the Treaty on European Union and in Article 208 of this Treaty.
The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.
3. The European Investment Bank shall contribute, under the terms laid down in its Statute, to the implementation of the measures referred to in paragraph 1.
***
Lisbon Treaty changes
Here as elsewhere in the Lisbon Treaty the terminology would be improved. The ordinary legislative procedure would take over from the unnamed procedure referred to in Article 251 (generally called co-decision). The formal abolishment of the pillar structure would leave us with just the European Union, instead of the distinction between the EU and the European Community (EC) hardly anyone makes nowadays. These horizontal amendments apply to Article 209 TFEU as well.
The terminology of the Constitutional Treaty would have been even better (‘European laws or framework laws’), but only the citizens of Spain and Luxembourg approved in referenda, whereas the French and the Dutch voters preferred the contents and wording of the Treaty of Nice in 2005.
In substance Article 209 TFEU is the same as Article III-317 of the Constitutional Treaty, although the Lisbon Treaty achieves this in a convoluted way by amending Article 179 TEC.
The first paragraph adds the important category of thematic programmes.
Deleting the third paragraph exception concerning African, Caribbean and Pacific (ACP) countries in the framework of the ACP-EC Convention may contribute to a more global view of development cooperation if the European Development Fund (EDF) is finally integrated into the general budget of the European Union.
***
ACP-EC Partnership Agreement: Cotonou Agreement
The ACP-EC Partnership Agreement was signed in 2000 in Cotonou and it entered into force in 2003. In 2005 the Cotonou Agreement was revised and the revision entered into force on 1 July 2008.
The text of the revised Cotonou Agreement is available here:
http://ec.europa.eu/development/icenter/repository/Cotonou_EN_2006_en.pdf
The Cotonou Agreement is not a development aid programme in a narrow sense, but based on three pillars:
· Development cooperation
· Economic and trade cooperation
· Political cooperation
***
10th European Development Fund (EDF)
The Tenth European Development Fund (EDF) is the main instrument for development cooperation with the ACP countries (as well as the associated overseas countries and territories, OCTs).
The EDF is based on an intergovernmental agreement between the EU member states and it still remains outside the general budget of the European Union.
A presentation of the 10th EDF, allocated 22.7 billion euros for the period 2008 to 2013, is available here:
http://ec.europa.eu/development/how/source-funding/10edf_en.cfm
The Tenth EDF is based on the revised Cotonou Agreement and the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty.
The Council has issued an implementing Regulation, officially Council Regulation (EC) No 617/2007 of 14 May 2007 on the implementation of the 10th European Development Fund under the ACP-EC Partnership Agreement, published OJEU 13.6.2007 L 152/1, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:152:0001:0013:EN:PDF
***
European Investment Bank (EIB)
The current treaty and the Lisbon Treaty refer to the contribution of the European Investment Bank (EIB) to the implementation of development cooperation programmes.
From the home page of the EIB you can access information about the bank’s activities and publications:
http://www.eib.org/
The Statute of the European Investment Bank is annexed as a Protocol to the current TEC as No 11. Although the Lisbon Treaty is not in force, the latest version (and consistent with the Lisbon Treaty numbering of provisions) is Protocol (No 5) on the Statute of the European Investment Bank, OJEU 9.5.2008 C 115/251.
The general treaty level provisions on the EIB are Articles 308 and 309 TFEU.
Ralf Grahn
In the area of development cooperation the Treaty establishing the European Community spells out how the legislative measures are taken.
The EU Treaty of Lisbon modifies and modernises the current treaty level provisions.
In addition, we present some of the existing secondary legislation for readers interested in EU development cooperation law and policies.
***
Current treaty
Article 179 of the Treaty establishing the European Community (TEC) deals with how the development cooperation objectives are put into practice.
These measures include, but are not restricted to, multiannual programmes. The co-decision procedure applies, so the European Parliament participates on an equal basis as co-legislator.
The European Investment Bank (EIB) contributes to implementation by making funds available.
The special role of cooperation with the African, Caribbean and Pacific countries ACPs) within the framework of the ACP-EC Convention is emphasised treating it separately.
The current Article 179 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/126:
Article 179 TEC
1. Without prejudice to the other provisions of this Treaty, the Council, acting in accordance with the procedure referred to in Article 251, shall adopt the measures necessary to further the objectives referred to in Article 177. Such measures may take the form of multiannual programmes.
2. The European Investment Bank shall contribute, under the terms laid down in its Statute, to the implementation of the measures referred to in paragraph 1.
3. The provisions of this Article shall not affect cooperation with the African, Caribbean and Pacific countries in the framework of the ACP-EC Convention.
***
Original Lisbon Treaty
Article 2, point 162 of the original Treaty of Lisbon (ToL) amended Article 179 and made it into Article 188e (OJEU 17.12.2007 C 306/94):
162) An Article 188 E shall be inserted, with the wording of Article 179; it shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.’;
(b) the following new paragraph 2 shall be inserted:
‘2. The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 10 A of the Treaty on European Union and in Article 188 D of this Treaty.
The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.’;
(c) the current paragraph 2 shall be renumbered ‘3’ and the current paragraph 3 shall be deleted.
***
Consolidated Lisbon Treaty
A few months after the signing ceremony the age of private, semi-private, semi-governmental, governmental and parliamentary consolidations came to an end. The Council had picked up the necessary courage to publish the treaties in a readable form, as amended by the Treaty of Lisbon, and on Europe Day 9 May 2008 the consolidated version was even published in the Official Journal of the European Union.
Had the Council’s initial refusal to publish a consolidation before the new treaty was in force prevailed, we would still be waiting for an ‘official’ consolidation in all official EU languages and a common reference for all EU citizens until the beginning of 2010 at the earliest and possibly eternally.
With joy and gratitude we present Article 188e of the Treaty on the Functioning of the European Union (TFEU ToL), renumbered and reassembled in the consolidated version as Article 209 TFEU, OJEU 9.5.2008 C 115/141:
Article 209 TFEU
(ex Article 179 TEC)
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.
2. The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 21 of the Treaty on European Union and in Article 208 of this Treaty.
The first subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude agreements.
3. The European Investment Bank shall contribute, under the terms laid down in its Statute, to the implementation of the measures referred to in paragraph 1.
***
Lisbon Treaty changes
Here as elsewhere in the Lisbon Treaty the terminology would be improved. The ordinary legislative procedure would take over from the unnamed procedure referred to in Article 251 (generally called co-decision). The formal abolishment of the pillar structure would leave us with just the European Union, instead of the distinction between the EU and the European Community (EC) hardly anyone makes nowadays. These horizontal amendments apply to Article 209 TFEU as well.
The terminology of the Constitutional Treaty would have been even better (‘European laws or framework laws’), but only the citizens of Spain and Luxembourg approved in referenda, whereas the French and the Dutch voters preferred the contents and wording of the Treaty of Nice in 2005.
In substance Article 209 TFEU is the same as Article III-317 of the Constitutional Treaty, although the Lisbon Treaty achieves this in a convoluted way by amending Article 179 TEC.
The first paragraph adds the important category of thematic programmes.
Deleting the third paragraph exception concerning African, Caribbean and Pacific (ACP) countries in the framework of the ACP-EC Convention may contribute to a more global view of development cooperation if the European Development Fund (EDF) is finally integrated into the general budget of the European Union.
***
ACP-EC Partnership Agreement: Cotonou Agreement
The ACP-EC Partnership Agreement was signed in 2000 in Cotonou and it entered into force in 2003. In 2005 the Cotonou Agreement was revised and the revision entered into force on 1 July 2008.
The text of the revised Cotonou Agreement is available here:
http://ec.europa.eu/development/icenter/repository/Cotonou_EN_2006_en.pdf
The Cotonou Agreement is not a development aid programme in a narrow sense, but based on three pillars:
· Development cooperation
· Economic and trade cooperation
· Political cooperation
***
10th European Development Fund (EDF)
The Tenth European Development Fund (EDF) is the main instrument for development cooperation with the ACP countries (as well as the associated overseas countries and territories, OCTs).
The EDF is based on an intergovernmental agreement between the EU member states and it still remains outside the general budget of the European Union.
A presentation of the 10th EDF, allocated 22.7 billion euros for the period 2008 to 2013, is available here:
http://ec.europa.eu/development/how/source-funding/10edf_en.cfm
The Tenth EDF is based on the revised Cotonou Agreement and the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty.
The Council has issued an implementing Regulation, officially Council Regulation (EC) No 617/2007 of 14 May 2007 on the implementation of the 10th European Development Fund under the ACP-EC Partnership Agreement, published OJEU 13.6.2007 L 152/1, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:152:0001:0013:EN:PDF
***
European Investment Bank (EIB)
The current treaty and the Lisbon Treaty refer to the contribution of the European Investment Bank (EIB) to the implementation of development cooperation programmes.
From the home page of the EIB you can access information about the bank’s activities and publications:
http://www.eib.org/
The Statute of the European Investment Bank is annexed as a Protocol to the current TEC as No 11. Although the Lisbon Treaty is not in force, the latest version (and consistent with the Lisbon Treaty numbering of provisions) is Protocol (No 5) on the Statute of the European Investment Bank, OJEU 9.5.2008 C 115/251.
The general treaty level provisions on the EIB are Articles 308 and 309 TFEU.
Ralf Grahn
Friday, 30 January 2009
EU Law: Development cooperation
Trade and aid are two pillars of the rich world’s actions to improve the lot of people living in the developing countries.
The European Union and its member state contribute almost half of annual development aid internationally.
We look at the current treaty and the Treaty of Lisbon to see what EU development cooperation is based on.
***
Current treaty
Article 177 of the Treaty establishing the European Community (TEC) heads Title XX Development cooperation.
European Community policy is categorised as complementary to the development cooperation policies of the member states.
The principal aims with regard to developing countries are:
· Sustainable economic an social development
· Integration into the world economy
· Campaigning against poverty
The Community policies aim to promote:
· Democracy
· The rule of law
· Human rights and fundamental freedoms
Commitments and objectives approved by the European Community (European Union) and the member states within the United Nations and other international organisations are given emphasis in the third paragraph.
Here is the text of Article 177 TEC currently in force, as reproduced in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/125–126:
TITLE XX
DEVELOPMENT COOPERATION
Article 177 TEC
1. Community policy in the sphere of development cooperation, which shall be complementary to the policies pursued by the Member States, shall foster:
— the sustainable economic and social development of the developing countries, and more particularly the most disadvantaged among them,
— the smooth and gradual integration of the developing countries into the world economy,
— the campaign against poverty in the developing countries.
2. Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms.
3. The Community and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations.
***
Original Lisbon Treaty
The original Treaty of Lisbon (ToL) reorganised the provisions on external action (OJEU 17.12.2007 C 306). The new Part Five and the Titles and Chapters were structured in the following way in Article 2, point 154 (page 91):
EXTERNAL ACTION BY THE UNION
154) A new Part Five shall be inserted. Its heading shall be ‘EXTERNAL ACTION BY THE UNION’ and it shall contain the following Titles and Chapters:
Title I: General provisions on the Union's external action
Title II: Common commercial policy
Title III: Cooperation with third countries and humanitarian aid
Chapter 1: Development cooperation
Chapter 2: Economic, financial and technical cooperation with third countries
Chapter 3: Humanitarian aid
Title IV: Restrictive measures
Title V: International agreements
Title VI: The Union's relations with international organisations and third countries and Union delegations
Title VII: Solidarity clause.
**
Article 2, point 159 and 160 ToL inserted the new Title III, Chapter 1 on development cooperation and the new Article 188d amending Article 177 TEC (page 93):
159) A Title III ‘COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID’ shall be inserted.
160) A Chapter 1 ‘DEVELOPMENT COOPERATION’ shall be inserted, taking over the heading of Title XX of Part 3.
161) An Article 188 D shall be inserted, with the wording of Article 177; it shall be amended as follows:
(a) paragraphs 1 and 2 shall be replaced by the following:
‘1. Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union's external action. The Union's development cooperation policy and that of the Member States complement and reinforce each other.
Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.’;
(b) paragraph 3 shall be renumbered ‘2’.
***
Consolidated Lisbon Treaty
The end result is presented in a more readable form in the consolidated version of the Lisbon Treaty, where Article 188d ToL has become Article 208 of the Treaty on the Functioning of the European Union (TFEU), as published OJEU 9.5.2008 C 115/141:
TITLE III
COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID
CHAPTER 1
DEVELOPMENT COOPERATION
Article 208 TFEU
(ex Article 177 TEC)
1. Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union's external action. The Union's development cooperation policy and that of the Member States complement and reinforce each other.
Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.
2. The Union and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations.
***
Lisbon Treaty changes
There is a slight strengthening of the European Union’s development cooperation policy, in that it is not only complementary to the member states’ action. They are now meant to complement and reinforce each other, which speaks for improved internal coordination.
The EU policies are to be conducted according to the principles and objectives of the European Union’s external action. Even if the repetition is needless, it refers to Articles 21 and 22 of the amended Treaty on European Union (Title V, Chapter 1). The guiding principles of democracy, the rule of law as well as human rights and fundamental freedoms are all there, and more.
The specific objectives of development cooperation have been concentrated in line with the UN’s Millenium Development Goals (MDGs) to underline the reduction and long term eradication of poverty.
But especially Article 22 TEU retains and embellishes upon the other goals mentioned in the current Article 177 TEC, so none have gone missing.
In addition, the second subparagraph of paragraph 1 now contains a horizontal clause, which obliges the European Union to take account of its objectives of development cooperation in all policies likely to affect developing countries.
(Surely, this includes the common agricultural and fisheries policies?)
The first paragraph of Article 208 TFEU is the same as Article III-316(1) of the Constitutional Treaty. There is no substantial difference between Article 177(3), Article III-316(2) Constitution and Article 208(2) TFEU.
***
EU competence
Article 4(4) TFEU subjects development cooperation to a special kind of shared competence, dependent on good will between the European Union. This shared competence ‘light’ is described like this:
4. In the areas of development cooperation and humanitarian aid, the Union shall have competence to carry out activities and conduct a common policy; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
***
Summary of legislation
The European Union together with the member states is the world’s largest donor of development aid, so the policy area is important both internally and for the needy of this world.
The Commission’s Scadplus web page Development is the portal to summaries on Community legislation concerning development cooperation:
http://europa.eu/scadplus/leg/en/s05030.htm
There are links to the General development framework, Sectoral development policies, African, Caribbean and Pacific states (ACPs), South(ern) Africa, Overseas countries and territories (OCTs) and the Least developed countries (LDCs).
***
Commission activities
The index page of the Commission’s Directorate-General Development is significantly titled Development and relations with African, Caribbean and Pacific States, bringing the special relations with the ACPs to the fore:
http://ec.europa.eu/development/index_en.cfm
The Commissioner in charge is Louis Michel.
The pages offer links to news, events, policies and documents on the European Union’s wide-ranging development cooperation activities.
***
European Development Fund (EDF)
Because of the close links with the ACP countries and the associated OCTs, there is cause to point out the European Development Fund (EDF), the main instrument for these policies:
http://europa.eu/scadplus/leg/en/lvb/r12102.htm
Ralf Grahn
The European Union and its member state contribute almost half of annual development aid internationally.
We look at the current treaty and the Treaty of Lisbon to see what EU development cooperation is based on.
***
Current treaty
Article 177 of the Treaty establishing the European Community (TEC) heads Title XX Development cooperation.
European Community policy is categorised as complementary to the development cooperation policies of the member states.
The principal aims with regard to developing countries are:
· Sustainable economic an social development
· Integration into the world economy
· Campaigning against poverty
The Community policies aim to promote:
· Democracy
· The rule of law
· Human rights and fundamental freedoms
Commitments and objectives approved by the European Community (European Union) and the member states within the United Nations and other international organisations are given emphasis in the third paragraph.
Here is the text of Article 177 TEC currently in force, as reproduced in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/125–126:
TITLE XX
DEVELOPMENT COOPERATION
Article 177 TEC
1. Community policy in the sphere of development cooperation, which shall be complementary to the policies pursued by the Member States, shall foster:
— the sustainable economic and social development of the developing countries, and more particularly the most disadvantaged among them,
— the smooth and gradual integration of the developing countries into the world economy,
— the campaign against poverty in the developing countries.
2. Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms.
3. The Community and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations.
***
Original Lisbon Treaty
The original Treaty of Lisbon (ToL) reorganised the provisions on external action (OJEU 17.12.2007 C 306). The new Part Five and the Titles and Chapters were structured in the following way in Article 2, point 154 (page 91):
EXTERNAL ACTION BY THE UNION
154) A new Part Five shall be inserted. Its heading shall be ‘EXTERNAL ACTION BY THE UNION’ and it shall contain the following Titles and Chapters:
Title I: General provisions on the Union's external action
Title II: Common commercial policy
Title III: Cooperation with third countries and humanitarian aid
Chapter 1: Development cooperation
Chapter 2: Economic, financial and technical cooperation with third countries
Chapter 3: Humanitarian aid
Title IV: Restrictive measures
Title V: International agreements
Title VI: The Union's relations with international organisations and third countries and Union delegations
Title VII: Solidarity clause.
**
Article 2, point 159 and 160 ToL inserted the new Title III, Chapter 1 on development cooperation and the new Article 188d amending Article 177 TEC (page 93):
159) A Title III ‘COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID’ shall be inserted.
160) A Chapter 1 ‘DEVELOPMENT COOPERATION’ shall be inserted, taking over the heading of Title XX of Part 3.
161) An Article 188 D shall be inserted, with the wording of Article 177; it shall be amended as follows:
(a) paragraphs 1 and 2 shall be replaced by the following:
‘1. Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union's external action. The Union's development cooperation policy and that of the Member States complement and reinforce each other.
Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.’;
(b) paragraph 3 shall be renumbered ‘2’.
***
Consolidated Lisbon Treaty
The end result is presented in a more readable form in the consolidated version of the Lisbon Treaty, where Article 188d ToL has become Article 208 of the Treaty on the Functioning of the European Union (TFEU), as published OJEU 9.5.2008 C 115/141:
TITLE III
COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID
CHAPTER 1
DEVELOPMENT COOPERATION
Article 208 TFEU
(ex Article 177 TEC)
1. Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union's external action. The Union's development cooperation policy and that of the Member States complement and reinforce each other.
Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.
2. The Union and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations.
***
Lisbon Treaty changes
There is a slight strengthening of the European Union’s development cooperation policy, in that it is not only complementary to the member states’ action. They are now meant to complement and reinforce each other, which speaks for improved internal coordination.
The EU policies are to be conducted according to the principles and objectives of the European Union’s external action. Even if the repetition is needless, it refers to Articles 21 and 22 of the amended Treaty on European Union (Title V, Chapter 1). The guiding principles of democracy, the rule of law as well as human rights and fundamental freedoms are all there, and more.
The specific objectives of development cooperation have been concentrated in line with the UN’s Millenium Development Goals (MDGs) to underline the reduction and long term eradication of poverty.
But especially Article 22 TEU retains and embellishes upon the other goals mentioned in the current Article 177 TEC, so none have gone missing.
In addition, the second subparagraph of paragraph 1 now contains a horizontal clause, which obliges the European Union to take account of its objectives of development cooperation in all policies likely to affect developing countries.
(Surely, this includes the common agricultural and fisheries policies?)
The first paragraph of Article 208 TFEU is the same as Article III-316(1) of the Constitutional Treaty. There is no substantial difference between Article 177(3), Article III-316(2) Constitution and Article 208(2) TFEU.
***
EU competence
Article 4(4) TFEU subjects development cooperation to a special kind of shared competence, dependent on good will between the European Union. This shared competence ‘light’ is described like this:
4. In the areas of development cooperation and humanitarian aid, the Union shall have competence to carry out activities and conduct a common policy; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
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Summary of legislation
The European Union together with the member states is the world’s largest donor of development aid, so the policy area is important both internally and for the needy of this world.
The Commission’s Scadplus web page Development is the portal to summaries on Community legislation concerning development cooperation:
http://europa.eu/scadplus/leg/en/s05030.htm
There are links to the General development framework, Sectoral development policies, African, Caribbean and Pacific states (ACPs), South(ern) Africa, Overseas countries and territories (OCTs) and the Least developed countries (LDCs).
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Commission activities
The index page of the Commission’s Directorate-General Development is significantly titled Development and relations with African, Caribbean and Pacific States, bringing the special relations with the ACPs to the fore:
http://ec.europa.eu/development/index_en.cfm
The Commissioner in charge is Louis Michel.
The pages offer links to news, events, policies and documents on the European Union’s wide-ranging development cooperation activities.
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European Development Fund (EDF)
Because of the close links with the ACP countries and the associated OCTs, there is cause to point out the European Development Fund (EDF), the main instrument for these policies:
http://europa.eu/scadplus/leg/en/lvb/r12102.htm
Ralf Grahn
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