The Single Market Strategy in the EU Competitiveness Council

The first day, 28 November 2016, of the EU Competitiveness Council was dedicated to issues relating to the internal market and industry. Despite more concrete news items available, I am going to approach the horizontal issue of the Single Market Strategy.

Single Market Strategy

Thirteen months ago the European Commission published the new single market strategy (available in 23 of the 24 official EU languages): Upgrading the Single Market: more opportunities for people and business; Brussels, 28.10.2015 COM(2015) 550 final (22 pages).

The communication was accompanied by two staff working documents, available in English only, but with more detailed facts and reasons.

The economic and competitiveness analysis is contained in SWD(2015) 203, available through the legal portal Eur-Lex in three parts, but more conveniently downloaded from a Commission web page as a “printed” whole document: Single market integration and competitiveness in the EU and its member states - Report 2015 (112 pages).

The second Commission staff working document is A Single Market Strategy for Europe - Analysis and Evidence; Brussels, 28.10.2015 SWD(2015) 202 final (108 pages).

For a structured overview you may want to study the Commission web page The Single Market Strategy.

Competitiveness Council

In order to prepare the discussion in the Competitiveness Council 28 November 2016, the Slovakian presidency had prepared a discussion paper: Single Market: One year after Single Market Strategy adoption (document 14246/16).

After a brief description of the Single Market and the Single Market Strategy, the discussion paper summarised some of the progress and future work:

C. Progress so far

The Commission has delivered first initiatives identified in the Single Market Strategy. In May 2016, the Commission adopted its legislative proposal to prevent discrimination against consumers based on nationality or residence (initiative on geo-blocking), as part of the e-commerce package. In June 2016, the Commission adopted a Standardisation package, which included the Joint Initiative on Standardisation (presented in the Competitiveness Council of 28 September) and a dedicated guidance document on service standards. The Commission also adopted a European agenda for the collaborative economy in June 2016. This Communication identifies good practice solutions and explains how existing EU law should be applied; clarifying key issues faced by market operators and public authorities alike, namely market access requirements, consumer protection, liability, labour law and tax. Moreover, in November 2016, the Commission will adopt the Start-Up initiative, a communication that aims at helping young firms to scale up and grow in the Single Market.

D. Steps forward

Many of the initiatives have not yet been adopted by the Commission. The Commission plans to deliver some important proposals and packages in the remainder of 2016. Towards the end of the year the adoption of the services package is foreseen. The package will include a proposal to improve the notification procedure for legislation with regard to services, a proposal for a European Services Card (identified as the Services passport initiative by the Single Market Strategy), which is to improve the cross-border provision of services and initiatives on regulated professions, such as a proportionality test to be applied when developing new legislation in this field and guidance to Member States on the matter of regulated professions.  

The Commission will continue adopting the remaining initiatives announced in the Single Market Strategy in 2017. These include a review of the intellectual property rights enforcement framework (IPRED), a Compliance and assistance package, including the Single Digital Gateway, the Single Market Information Tool and the Action Plan for SOLVIT. This will be followed by a Goods package, including initiatives regarding mutual recognition and addressing the increased rate of noncompliance within the Single Market for Goods. Also in 2017 the Commission will present a Public Procurement package including the voluntary ex-ante mechanism for large infrastructure projects. Finally, the Commission is planning to publish a Communication setting out best practices to facilitate retail establishment within the Single Market.

The presidency tried to structure and to focus the discussion by providing the following questions to the national delegations:

E. Questions for discussion

1. What is your assessment with regards to the implementation and the progress achieved so far concerning the Single Market Strategy?

2. Where do you see the biggest potential to inject new dynamism into the Single Market, to the benefit of EU consumers and the EU's industrial competitiveness?

3. How can the Council help ensure the swift and ambitious implementation of the Single Market Strategy?

The press conference wrapping up the first day (internal market and industry; 28 november 2016; webcast 17:05) emphasised the sense of urgency among ministers to achieve progress on the single market.  

Ralf Grahn

EU Stockholm Programme Action Plan: European judicial culture needed?

According to the final draft agenda for the Strasbourg session 22 to 25 November 2010, Monday 22 November the European Parliament plenary is going to discuss the Action Plan Implementing the Stockholm Programme and on Tuesday 23 November the EP is going to vote (pages 3 and 9).

In the background we have the five year strategic guidelines adopted by the European Council in December 2009, with the definitive version published in the Official Journal of the European Union in May (OJEU 4.5.2010 C 115/1):

The Stockholm Programme — An open and secure Europe serving and protecting citizens

Based on the guidelines, we have the action plan to implement the strategic guidelines, proposed by the European Commission in April:

Communication from the Commission: Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010 COM(2010) 171 final

We also know that the Commission's monitoring system PreLex loses the traces of the action plan after the sour conclusions by the JHA Council 3 June 2010.

Before the Stockholm Programme was adopted, the European Parliament tried to make its voice heard a year ago, when it voted a resolution:

European Parliament resolution of 25 November 2009 on the Communication from the Commission to the European Parliament and the Council – An area of freedom, security and justice serving the citizen – Stockholm programme; P7_TA(2009)0090 (procedure 2009/2534(RSP) )

(Yesterday I presented a few extracts of the 25 November 2009 EP resolution relevant to citizens and enterprises, in Finnish on my trilingual blog Grahnlaw Suomi Finland.)


Citizens and businesses

This time around the European Parliament decided to take a closer look at legal issues relevant to EU citizens and businesses active across borders, in an own-initiative report:

Report on civil law, commercial law, family law and private international law aspects of the Action Plan Implementing the Stockholm Programme; A7-0252/2010, 24.9.2010 Committee on Legal Affairs, Rapporteur: Luigi Berlinguer (procedure 2010/2080(INI) ) (20 pages)


European judicial culture

Even if the Committee on Legal Affairs (JURI) congratulates the Commission on its ambitious proposed action plan, the report calls for reflection on the future of the area of freedom, security and justice (AFSJ).

Interestingly, the JURI committee takes a very long term view. The beginning of the report is heavily laden with suggestions for discussions and exchanges with judges and practitioners, representatives of legal education and training etc. in order to nurture a European judicial culture.

Later the report discusses proposed actions with more immediate impact on mobile citizens, cross-border consumers and companies active in the internal market, but it may be more opportune to treat these initiatives in the context of the latest policy statements and proposals from the Commission, first collectively and later individually.



Ralf Grahn



J.K. After a long silence the EU Law Blog has returned to the European legal blogging scene. The blog declares: This is a web log about European Union law for students, academics, practitioners and anyone else who may be interested in it. - I hope you are interested and that the EU Law Blog keeps up the good work.

Reimbursement for Members of the European Parliament

According to Article 223(2) TFEU, the European Parliament lays down regulations and general conditions governing the performance of the duties of its Members. It needs the consent of the Council and an opinion from the Commission.

The main act is the Statute for Members of the European Parliament, more exactly:



DECISION OF THE EUROPEAN PARLIAMENT 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament; OJEU 7.10.2005 L 262/1



Implementation

Then there is an implementing Bureau decision with the nitty-gritty euro stuff, which follows the annoying practice of not being identifiable and traceable by number:



DECISION OF THE BUREAU of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament; OJEU 13.7.2009 C 159/1



Amendments

The EP Bureau has now published a batch of amendments in the Official Journal of the European Union, still without an easily identifiable number for its decision:



DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT of 11 and 23 November 2009, 14 December 2009, 19 April 2010 and 5 July 2010 amending the Implementing Measures for the Statute for Members of the European Parliament; OJEU 6.7.2010 C 180/1

Formally, the decision enters into force tomorrow, but in practice a number of the reimbursement practices have already become effective.

In its own affairs, EP practices are still not quite up to scratch.




Ralf Grahn

European strategy for jobs and growth: Credible implementation? (European Council 17 June 2010)

In the previous blog post we saw the European Council 17 June 2010 confirm the five headline targets of the Europe 2020 strategy.

In addition, the European Council politically endorsed the integrated guidelines for economic and employment policies (Conclusions point 3, page 3):

The guidelines will continue to be the basis for any country-specific recommendations that the Council may address to Member States. These recommendations shall be fully in line with relevant Treaty provisions and EU rules and shall not alter Member States' competences, for example in areas such as education.

After the wasted Lisbon strategy decade, is this going to ensure real growth-enhancing reform in the member states, especially those with the worst track record and the greatest need?

How is it going to be different between now and 2020?



National Reform Programmes

According to the European Council, the National Reform Programmes (NRPs) are – as before – the main vehicle to turn words into action. Regular review was part and parcel of the Lisbon strategy, so are there indications of credible improvement?

The conclusions of the European Council state (point 4, page 3):

Member States must now act to implement these policy priorities at their level. They should, in close dialogue with the Commission, rapidly finalise their national targets, taking account of their relative starting positions and national circumstances, and according to their national decision-making procedures. They should also identify the main bottlenecks to growth and indicate, in their National Reform Programmes, how they intend to tackle them. Progress towards the headline targets will be regularly reviewed.

Ecofin overview




The preceding conclusions by the Economic and Financial Affairs Council (Ecofin) on 8 June 2010 on the European 2020 strategy go some way towards offering a picture of the whole and updating information on the state of play (document 10881/10).

Ecofin presented a summary of what the Europe 2020 strategy is about (point 2, page 2):

At the core of the new strategy is a framework for enhanced co-ordination of Member States' economic policies building on widened country surveillance which covers all relevant macroeconomic and structural policy areas in an integrated fashion. This strengthened framework should facilitate the immediate launch of exit strategies and address the urgent need for fiscal consolidation both in the short and over the medium term, through growth-friendly budgetary consolidation strategies focused on expenditure restraint, and be combined with the implementation of long-term policies to tackle bottlenecks to growth.

Ecofin mentions widened, enhanced, strengthened, reinforced and more integrated coordination of economic policies and the Europe 2020 strategy, but are we able to discern decisive new factors ensuring future success?



Seeing is believing

After the Lisbon strategy, the joint credibility account of the member states, the Council and the European Council is in overdraft.

The European Council’s conclusions on the new European strategy for jobs and growth, including the Europe 2020 strategy and the integrated guidelines for economic and employment policies, fall short of changing the perception.

I am ready to believe in improved surveillance, when I see concrete reforms put into practice.



In his invitation letter to the heads of state or government, president Herman Van Rompuy promised to outline to some ideas on what the forthcoming meetings of the European Council should achieve, in order to optimise their preparation.

Can we expect fresh “impetus”?




Ralf Grahn

Background note Europe 2020 strategy: Implementation matters (European Council 17 June 2010)

Exaggerating only slightly: One more decade like the last one and Europe can apply to UNESCO for world heritage status.





Today the European Council confirms the five headline targets of the Europe 2020 strategy for jobs and growth. The numerical indicators for the two remaining targets – education levels and social inclusion – will be agreed.



According to the Council’s background note, after finalising the Europe 2020 strategy, the European Council is due to start concentrating on implementation.



Credibility on the line


After the wasted ten years of the Lisbon strategy, the Europe 2020 strategy puts the credibility of the member states and the EU institutions on the line.



Putting (lofty) ambitions into effect is the crux of the matter.



Implementation makes or breaks the Europe 2020 strategy: the promising new jobs and the sweet sound of smart, sustainable and inclusive growth.

Is there anything to convince us that failure will miraculously be followed by success?

A chain is only as strong as its weakest link. The Commission proposal is the first chain in the link. This is what we turn to in our next blog post.




Ralf Grahn

EMU: Implementing the Stability and Growth Pact (SGP)

The Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes, the so called Code of Conduct (21 pages), were endorsed by the Ecofin Council 10 November 2009, before the Lisbon Treaty entered into force. The references to the old treaty provisions (TEC) will surely be substituted by references to the TFEU in the following update of the Code of Conduct.

The first section elaborates on the implementation of the Stability and Growth Pact, and the interested find the following contents:

SECTION I – SPECIFICATIONS ON THE IMPLEMENTATION OF THE STABILITY AND GROWTH PACT



A. THE PREVENTIVE ARM OF THE STABILITY AND GROWTH PACT

1) The Medium term budgetary objective (MTO)

2) The adjustment path toward the medium-term budgetary objective and deviations
from it

3) Commission policy advice and warning



B. THE EXCESSIVE DEFICIT PROCEDURE

1) Commission report under Article 104(3)

2) The decision on the existence of an excessive deficit

3) The correction of an excessive deficit

4) Abrogation of Council decisions in the context of the EDP for Member States having implemented multi-pillar pension reforms

Ralf Grahn

EU: Freedoms and justice or security? Call for materials

Few EU policy areas have as direct a bearing on citizens in the European Union (and outsiders) as justice and home affairs (JHA).

Time is running short for an informed public debate about major policy choices.


Do the next five years offer us EU citizens more freedoms and justice or ever increasing controls (security)? The implementation blueprint for the first five years under the Lisbon Treaty in the European Union’s area of freedom, security and justice (FSJ) is heading for final adoption in June 2010.

In a direct sense, the Action Plan, Delivering an area of freedom, security and justice for Europe's citizens ─Action Plan Implementing the Stockholm Programme, is going to be the roadmap for future action by the European Union. Indirectly, potentially converging views at EU level may affect the thrust of justice and home affairs legislation and policies at national level.



Recap



The European Commission refers to document 17024/09 as the Stockholm Programme, whereas the Council seems to have replaced it by a new document 5731/10, without indicating the substitution or the reasons.



The Justice and Home Affairs Council has issued preliminary conclusions (8920/10) on the Commission Communication COM(2010) 171 final, the proposed Stockholm Progamme Action Plan. (See Grahnlaw: EU JHA Council Conclusions on Stockholm Programme Action Plan, 24 April 2010, as well as earlier blog posts on the Stockholm Programme.)



A week from adoption by the Commission, the Stockholm Programme Action Plan has now been posted visibly on Eur-Lex, under the latest COM documents made available. A few moments ago there were still only the three language versions we have mentioned and linked to earlier: English, French and German (with 20 official languages still missing less than two months ahead of final adoption).



Call for materials




In earlier blog posts, in addition to the basic documents, we have referred to contributions by Toby Archer (FIIA), Hugo Brady (CER), Tony Bunyan and Steve Peers (Statewatch), the House of Lords (European Union Committee) and others.

Now that the Lisbon Treaty has entered into force and the Stockholm Programme has been adopted, more is needed in order to achieve a borderless area of policy debate before the quinquennial landmarks are set in detail.

Dear Readers, please let us know about other relevant and timely materials.




Ralf Grahn

EU JHA Council Conclusions on Stockholm Programme Action Plan

This blog post is about the EU JHA Council Conclusions on Stockholm Programme Action Plan, a crucial building block in the area of freedom, security and justice (FSJ).




The provisional Conclusions of the EU JHA Council meeting were published in English Friday evening:



3008th Council meeting Justice and Home Affairs, Brussels, 23 April 2010 (document 8920/10)



Stockholm Programme



The Commission JHA web pages refer to document 17024/09 of 2 December 2009 as the Stockholm Programme, here as a link through the website of the Swedish Council presidency and here as an earlier direct link to the document:

The Stockholm Programme – An open and secure Europe serving and protecting the citizens; Brussels, 2 December 2009; document 17024/09



However, in the 23 April 2010 Conclusions, the Justice and Home Affairs Council refers to document 5371/10 as the Stockholm Programme, without indicating the document(s) it replaces, if any:



The Stockholm Programme - An open and secure Europe serving and protecting citizens; Brussels, 3 March 2010; Council document 5731/10


With some attention to detail, the Council and the Commission could make life easier for readers.



Conclusions: Stockholm Programme Action Plan



In the Grahnlaw blog post EU JHA: Stockholm Programme Action Plan in English, French and German (24 April 2010) we linked to the three existing language versions of the Commission Communication COM(2010) 171 final.

(The Council has registered it as document 8895/10; 22 April 2010. The Communication has not yet been registered on the Legislative Observatory of the European Parliament, Oeil.)

By the way, the Commission Communication refers to the Stockholm Programme as: Council document 17024/09, adopted by the European Council on 10/11 December 2009 (page 2, footnote 1).

The Justice and the Home Affairs Ministers, or their substitutes during this meeting with reduced attendance, were given a presentation of the Commission’s proposal, which is meant to guide implementation of the Stockholm Programme.



The JHA Council conclusions (8920/10) indicate that the Council wants to influence the final version, and that final adoption is scheduled for June 2010 (page 8). Here is the text, including the typos:

ACTION PLAN IMPLEMENTING THE STOCKHOLM PROGRAMME

Justice and home affairs ministers heard presentations by the Commission on its recommendations for an action plan implementing the Stockholm Programme (5731/10). Ministers welcomed the Commission paper, stressed, however, that the action plan should more closely mirror the objectives set out in the Stockholm Programme itself. The Council asked its preparatory bodies to swiftly start consultations on the action plan with a view to adopt the it in June 2010.

The Stockholm Programme is the multi-annual strategic work programme in the area of freedom, security and justice. It was adopted by the Council on 30 November 2009 and endorsed by the European Council on 10-11 December 2009. It sets out the priorities for EU action in the area for the next five years (2010-14). It puts the citizen at the heart of EU action and deals, among other things, with questions of citizenship, justice and security as well as asylum, migration and the external dimension of justice and home affairs.

It is ten years since the EU set itself the target of creating an area of freedom, justice and security. The Stockholm Programme will built on the progress made during the implementation of the Tampere Programme (2000-2004) and the Hague Programme (2005-2010).

But we are hardly much wiser as to the coming consultations.




Ralf Grahn

EU JHA: Stockholm Programme Action Plan in English, French and German

Earlier we linked to the English version of the Communication, which had been published. We have now been able to locate French and German language versions of the European Union’s Stockholm Programme Action Plan for justice and home affairs (JHA) 2010-2014. Thus, the three working languages of the European Commission are covered, but we still miss the text of COM(2010) 171 final in 20 official EU languages.



English



Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final



French



Mettre en place un espace de liberté, de sécurité et de justice au service des citoyens européens - Plan d'action mettant en oeuvre le programme de Stockholm ; Bruxelles, le 20.4.2010 ; COM(2010) 171 final



German


Ein Raum der Freiheit, der Sicherheit und des Rechts für die Bürger Europas - Aktionsplan zur Umsetzung des Stockholmer Programms; Brüssel, den 20.4.2010; KOM(2010) 171 endgültig




Ralf Grahn

European Council 10 to 11 December 2009: Lisbon Treaty implementation

Our previous blog post Implementing the Lisbon Treaty (Swedish report) (9 December 2009) gave an overview of implementing decisions already officially published, as well as Grahnlaw posts, which present these decisions, with comments.



There has been some progress since 4 December 2009, when the Swedish presidency of the EU Council published its report Implementation of the Treaty of Lisbon (document 17033/1/09 REV 1) for the European Council meeting 10 to 11 December 2009.


Officially published

Today, five implementing Council decisions have been published in the Official Journal of the European Union, the primordial source of EU law and politics (OJEU 9.12.2009 L 322).

Before presenting the contents of the decisions and commenting on them, here are the references:




Council Decision of 1 December 2009 laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council (2009/908/EU), published OJEU 9.12.2009 L 322/28.


***



Council Decision of 1 December 2009 appointing the Secretary-General of the Council of the European Union (2009/911/EU), published OJEU 9.12.2009 L 322/37.


***



Council Decision of 1 December 2009 laying down the conditions of employment of the President of the European Council (2009/909/EU), published OJEU 9.12.2009 L 322/35.


***




Council Decision of 1 December 2009 laying down the conditions of employment of the High Representative of the Union for Foreign Affairs and Security Policy (2009/910/EU), published OJEU 9.12.2009 L 322/36.


***



Council Decision of 1 December 2009 laying down the conditions of employment of the Secretary-General of the Council of the European Union (2009/912/EU), published OJEU 9.12.2009 L 322/38.


***

Awaiting official publication

The Council Decision adopting the Council's Rules of Procedure (document 16525/09) has not yet been published in the Official Journal of the European Union, and for some reason I failed to locate the Council document despite the reference.

I have seen no reason for the delay in publishing the Council’s Rules of Procedure in the OJEU, but it is a long document and it needs to be published in 23 official languages.


***

From references to comments

Later posts will look at the contents of the implementing decisions, although more curious readers can look for themselves.



Ralf Grahn



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Implementing the Lisbon Treaty (Swedish report)

Grahnlaw has called on the Swedish Council presidency to report on the implementation of the EU’s Lisbon Treaty. This has now happened in the form of an implementation report, submitted to the European Council meeting Thursday 10 and Friday 11 December 2009.



***

The General Affairs Council 7 December 2009 dealt with the implementation of the Treaty of Lisbon.

The GAC took note of a report from the presidency on progress in implementation of the Treaty of Lisbon.

The report will be forwarded to the European Council (10 and 11 December) (17033/1/09 REV1).


Implementation report



The five page report lists the decisions taken by the European Council and the Council on 1 December 2009 and published in the Official Journal of the European Union.

The initial presentation on Grahnlaw:

Grahnlaw: Lisbon Treaty implementation – first day (1 December 2009)


Published and commented


The decisions adopted on 1 December are the following:


• Decisions adopted by the European Council:


- European Council Decision adopting its Rules of Procedure
Published OJEU 2.12.2009 L 315/51


Grahnlaw: European Council’s new Rules of Procedure (3 December 2009)


Grahnlaw: European Council’s Rules of Procedure (Contents: Articles 1 to 3) (3 December 2009)


Grahnlaw: European Council’s Rules of Procedure (Contents: Articles 4 to 8) (7 December 2009)


Grahnlaw: Rules of Procedure of the European Council (Articles 9 to 14) (7 December 2009)


EU Law Blog: Rules of Procedure of the European Council (7 December 2009)

***

- European Council Decision electing the President of the European Council
Published OJEU 2.12.2009 L 315/48


Grahnlaw: Herman Van Rompuy President of the European Council (official decision) (2 December 2009)

***

- European Council Decision taken with the agreement of the President of the Commission appointing the High Representative of the Union for Foreign Affairs and Security Policy
Published OJEU 2.12.2009 L 315/49


Grahnlaw: Catherine Ashton High Representative of the (European) Union (official decision) (2 December 2009)

***

- European Council Decision on the exercise of the Presidency of the Council
OJEU 2.12.2009 L 315/50


Grahnlaw: EU Lisbon Treaty implementation: Presidency of the Council (7 December 2009)

***


• Decisions adopted by the Council:


- Decision of the Council (General Affairs) establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty of the European Union
Published OJEU 2.12.2009 L 315/46


Grahnlaw: EU Council configurations (Lisbon Treaty implementation) (2 December 2009)

***


Road ahead

After this recapitulation, in future posts we are going to turn to the decisions not officially published by the date of the implementation report (4 December 2009) and not presented on this blog.


Thus, for future posts, we are going to present and comment on the following Council decisions mentioned in the Swedish report Implementation of the Treaty of Lisbon (document 17033/1/09 REV 1; page 3):

- Council Decision adopting the Council's Rules of Procedure (16525/09)

- Council Decision laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council (16517/09)

- Council Decision appointing the Secretary-General of the Council of the European Union (16533/2/09)

- Council Decision laying down the conditions of employment for the President of the European Council (16519/09)

- Council Decision laying down the conditions of employment for the High Representative for Foreign Affairs and Security Policy (16521/09)

- Council Decision laying down the conditions of employment for the Secretary-General of the Council of the European Union (16536/09)




Ralf Grahn



P.S. Growing, multilingual Bloggingportal.eu now aggregates 494 euroblogs. Blogs on EU affairs and policies can gain visibility, credibility and readers by joining our common European “village well” for facts, opinion and gossip.

EU Lisbon Treaty implementation: Presidency of the Council

Article 16(9) of the Treaty on European Union (TEU), as amended by the Lisbon Treaty, lays down that the presidency of the Council configurations is held by member state representatives (ministers) in the Council on the basis of equal rotation. (The Foreign Affairs Council is the exception, chaired by the high representative.)

Article 236 of the Treaty on the Functioning of the European Union (TFEU) informs us that the European Council decides, by qualified majority, a decision on the Council figurations and a decision on the presidency of these configurations (except the Foreign Affairs Council).



We mentioned the decision on the Council configurations in an earlier post. Now we look how the presidency is supposed to function under the Lisbon Treaty.

Conveniently, the EU member states had agreed on a joint declaration (9) annexed to the treaty, with a draft decision waiting for the Lisbon Treaty to enter into force (OJEU 9.5.2008 C 115/341). This decision was then adopted by the European Council on the first day the reform treaty was in force:




EUROPEAN COUNCIL DECISION of 1 December 2009 on the exercise of the Presidency of the Council (2009/881/EU), published in the Official Journal of the European Union (OJEU 2.12.2009 L 315/50).


Trio presidency


Article 1 of enshrines the so called trio presidencies, 18 months with a common programme, divided into three six month presidencies. The rotating presidency country chairs all the Council configurations (except the FAC), if the team members have not decided on alternative arrangements:

1. The Presidency of the Council, with the exception of the Foreign Affairs configuration, shall be held by pre-established groups of three Member States for a period of 18 months. The groups shall be made up on a basis of equal rotation among the Member States, taking into account their diversity and geographical balance within the Union.

2. Each member of the group shall in turn chair for a six-month period all configurations of the Council, with the exception of the Foreign Affairs configuration. The other members of the group shall assist the Chair in all its responsibilities on the basis of a common programme. Members of the team may decide alternative arrangements among themselves.

Coreper & preparatory bodies



Article 2 tells us that the country chairing the coordinating GAC also chairs Coreper. Preparatory bodies follow the chair of the Council configuration (except FAC).

The HR’s representative chairs the important PSC:

The Committee of Permanent Representatives of the Governments of the Member States shall be chaired by a representative of the Member State chairing the General Affairs Council. The Chair of the Political and Security Committee shall be held by a representative of the High Representative of the Union for Foreign Affairs and Security Policy. The chair of the preparatory bodies of the various Council configurations, with the exception of the Foreign Affairs configuration, shall fall to the member of the group chairing the relevant configuration, unless decided otherwise in accordance with Article 4.

General Affairs Council (GAC)


Article 3 underlines the need for consistency and continuity through the GAC:

The General Affairs Council shall ensure consistency and continuity in the work of the different Council configurations in the framework of multiannual programmes in cooperation with the Commission. The Member States holding the Presidency shall take all necessary measures for the organisation and smooth operation of the Council's work, with the assistance of the General Secretariat of the Council.

Implementing decision

According to Article 4, the Council adopts an implementing decision:

The Council shall adopt a decision establishing the measures for the implementation of this decision

.




Ralf Grahn



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EU Council configurations (Lisbon Treaty implementation)

With the entry into force of the Lisbon Treaty, the European Council formally became an institution of the European Union (Article 13(1) TEU; Article 15 TEU), and the treaty enshrines two new Council configurations: the General Affairs Council (GAC) and the Foreign Affairs Council (FAC), which replace the former General Affairs and External Relations Council (GAERC).

According to Article 16(6) of the Treaty on European Union (TEU), the Council shall meet in different configurations, the list of which shall be adopted in accordance with Article 236 of the Treaty on the Functioning of the European Union (TFEU), namely by the European Council.

A temporary list of these other Council configurations has now been adopted by the Council and published in the Official Journal of the European Union (OJEU 2.12.2009 L 315/46):



DECISION OF THE COUNCIL (GENERAL AFFAIRS) of 1 December 2009 establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty on European Union (2009/878/EU)


List of Council configurations

The list is published in the Annex to the decision, together with explanatory notes, which I have joined:


1. General affairs
This configuration is established by Article 16(6), second subparagraph, of the Treaty on European Union.


2. Foreign affairs
This configuration is established by Article 16(6), third subparagraph, of the Treaty on European Union.


3. Economic and financial affairs
Including budget.


4. Justice and home affairs
Including civil protection.


5. Employment, social policy, health and consumer affairs


6. Competitiveness (internal market, industry and research)
Including tourism.


7. Transport, telecommunications and energy


8. Agriculture and fisheries


9. Environment


10. Education, youth and culture
Including audiovisual affairs.


***

Extraordinary rush



The Swedish presidency of the EU Council has had and still has a heavy load of Council meetings leading up to the European Council on 10 to 11 December 2009. In addition to the ordinary rush, many of the substantive decisions are coloured by the Lisbon Treaty (and the new Commission in waiting), and a number of implementing decisions are needed to get the Lisbon Treaty up and running (such as the one above).

Despite the challenges, the Swedish presidency has generally managed to inform the public more fully and by more versatile means than any preceding Council presidency. As far as I can assess, the Swedish presidency has handled the substantial dossiers with a high degree of professionalism, including the uncertainties surrounding the Irish 2009 Lisbon referendum and the Czech constitutional crisis delaying the entry into force of the Lisbon Treaty. Chapeau !




Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Educate yourself! There are already 488 Euroblogs aggregated on multilingual Bloggingportal.eu. You can access all the posts on the Posts page or concentrate on the editors’ choice of articles on the Home page. On most of the blogs you can comment and discuss our common European future.

Lisbon Treaty implementation ─ first day

On the first day of the EU Lisbon Treaty in force, some formal implementing decisions have been taken. The Council of the European Union informs us (1 December 2009, document 16919/09:


Implementation of the Treaty of Lisbon

Today, day of the entry into force of the Treaty of Lisbon, several decisions were taken in view of the implementation of the Treaty.

Following the political agreement reached by the Heads of State or Government on 19 November the European Council decided:

– To elect Mr Herman Van Rompuy as President of the European Council for the period from 1 December 2009 until 31 May 2012, and

– To appoint, with the agreement of the President of the Commission, Ms Catherine Ashton as High Representative of the Union for Foreign Affairs and Security Policy for the period from 1 December 2009 until the end of the current term of office of the Commission.

The European Council also adopted its rules of procedure and a decision on the exercise of the Presidency of the Council.

Furthermore, the Council decided today to appoint Mr Pierre de Boissieu as Secretary-General of the Council for the period from 1 December 2009 until the day after the European Council meeting of June 2011.

It also adopted its Rules of Procedure, as well as a decision laying down measures for the implementation of the European Council decision on the exercise of the Presidency of the Council.

These final decisions have not been published yet:

• The rules of procedure of the European Council
• The decision of the European Council on the Presidency of the Council
• The rules of procedure of the Council
• The decision of the Council laying down measures for the implementation of the European Council decision on the exercise of the Presidency of the Council

Information note




The Council has published a short information note in French, prepared by the general secretariat, on the Lisbon Treaty.


Justice and Home Affairs (JHA)



The general secretariat has prepared a background note, which outlines the changes brought by the Lisbon Treaty in justice and home affairs, known as the area of freedom, security and justice (FSJ).

The four page document outlines the main changes:

1. changes in the legal framework and the legislative procedures applicable in several areas,

2. the possibility to create a European Public Prosecutor's Office,

3. a new Council standing committee on internal security (COSI), and

4. transitional provisions on the 3rd pillar 'acquis'.



Home Affairs



The conclusions of the first day of the JHA Council meeting, home affairs on 30 November 2009, have been published on the Council website (document 16883/09).

Without being Lisbon Treaty implementing decisions in a narrow sense, these decisions form a hefty package on policies under the reform treaty with regard to home affairs (member states’ ministries of the interior).




The Swedish presidency of the EU Council offers a lot of links to materials on different issues discussed and debated by the two day meeting of the JHA Council.



Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Educate yourself! There are already 487 Euroblogs aggregated on multilingual Bloggingportal.eu. You can access all the posts on the Posts page or concentrate on the editors’ choice of articles on the Home page. On most of the blogs you can comment and discuss our common European future.

EU Lisbon Treaty implementation: European diplomatic service EEAS

At this stage, the second basic document regarding Lisbon Treaty implementation is the report on guidelines for the future European diplomatic service, more exactly the European External Action Service (EEAS). The member states started work on the EEAS without waiting for a proposal from the High Representative.

Now that the HR has been (s)elected, the invitation to present a formal (detailed) proposals lies waiting for Catherine Ashton.




The presidency conclusions of the European Council 29 to 30 October 2009 (document 15265/09) had this to say about the implementation of the Lisbon Treaty (point 3, page 2):

“The European Council --- It endorses the Presidency's report on guidelines for the European External Action Service (doc. 14930/09) and invites the future High Representative to present a proposal for the organisation and functioning of the EEAS as soon as possible after the entry into force of the Lisbon Treaty with a view to its adoption by the Council at the latest by the end of April 2010. In this context, it also recognises the need, as underlined in the European Security Strategy, for the European Union to become more capable, more coherent and more strategic as a global actor, including in its relations with strategic partners, in its neighbourhood and in conflict-affected areas.”

***


EEAS report



The Presidency report to the European Council on the European External Action Service (23 October 2009, document 14930/09) comprises 34 points on 10 pages.

In this blog post, we are content to quote the last point (34) on the way forward, which offers an overview of the following stages of implementation:

WAY FORWARD

34. There will be several stages before reaching the final shape of the EEAS. The Council will be fully involved throughout the whole process.

• A first stage from the entry into force of the Treaty to the adoption of the Council decision on the organisation and functioning of the EEAS. The HR should submit his/her proposal with a view to it being adopted at the latest by the end of April 2010. For that reason it is of key importance that preparatory work should continue at full speed within the current format in the run up to the entry into force of the Treaty. From the start, as well as having the immediate support of the external relations structures of the Commission and of the GSC, he/she will be supported by a small preparatory team which should be composed of representatives of Member States, Commission and GSC. In parallel to preparations for that decision, work must be carried out to make the relevant adaptations in existing rules, such as the Staff and Financial Regulations with a view to their adoption at the same time as the Council decision on the organisation and functioning of the EEAS. Close contacts with the European Parliament should be continued during this stage.

• A second stage for setting up the EEAS, from the adoption of the Council decision to full cruising speed. A first status report should be made in 2012.

• When the EEAS has been functioning for some time at full speed, there should be a review of the functioning and organisation of the EEAS followed, if necessary, by a revision of the decision. This review should also cover the scope of the EEAS, including delegations' role in consular affairs. Such a review should take place in 2014.

***


Legal base


The legal base, which is mentioned in the presidency report, is Article 27(3) of the Treaty on European Union (TEU), but we take the opportunity to quote the whole Article 27 TEU, which offers an outline of the tasks of the newly elected high representative (OJEU 9.5.2008 c 115/32):

Article 27 TEU


1. The High Representative of the Union for Foreign Affairs and Security Policy, who shall chair the Foreign Affairs Council, shall contribute through his proposals towards the preparation of the common foreign and security policy and shall ensure implementation of the decisions adopted by the European Council and the Council.

2. The High Representative shall represent the Union for matters relating to the common foreign and security policy. He shall conduct political dialogue with third parties on the Union's behalf and shall express the Union's position in international organisations and at international conferences.

3. In fulfilling his mandate, the High Representative shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisation and functioning of the European External Action Service shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.

***

Formidable challenges lie in wait for the EU’s chief diplomat, Catherine Ashton.




Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu. On most of the blogs you can comment and discuss our common European future.

EU Lisbon Treaty implementation: Progress report

The presidency conclusions of the European Council 29 to 30 October 2009 (document 15265/09) had this to say about the general implementation of the Lisbon Treaty (point 3, page 2):

“The European Council takes note of the preparatory work in view of the entry into force of the Lisbon Treaty (doc. 14928/09).”

The Progress report, dated 23 October 2009, has the following heading: Progress report from the Presidency to the European Council - Preparatory work in view of the entry into force of the Treaty of Lisbon (document 14928/09). It is a short paper with an introduction and nine brief points on a total of five pages, summarising the state of play:




ANNEX

PROGRESS REPORT FROM THE PRESIDENCY TO THE EUROPEAN COUNCIL
PREPARATORY WORK IN VIEW OF THE ENTRY INTO FORCE OF THE TREATY OF LISBON


Introduction


1. During the European Council meeting on 18-19 June 2009, Heads of State or Government reaffirmed their wish to see the Treaty of Lisbon enter into force by the end of 2009, on the condition all the instruments of ratification have been deposited.

2. On that basis, the Swedish Presidency undertook, together with other Member States and the Commission, preparatory work in view of the entry into force of the Treaty of Lisbon. It has taken place against the background of the ratification process for the Treaty of Lisbon, which is still underway. It is clear that decisions can only be taken once the Treaty of Lisbon has entered into force after ratification by all 27 Member States.

3. Over the last months, the Presidency has convened a series of meetings of Permanent Representatives (including a Commission representative) to examine the various issues linked to the entry into force of the Treaty of Lisbon with a focus on most urgent issues which need to be settled before that date. This examination built on previous discussions, in particular during the Slovene Presidency, the results of which are summarised in document 10650/08. The present report contains a summary of the main points covered in the context of the 2009 discussions.

4. In view of the fact that a number of issues related to the entry into force of the Treaty of Lisbon will require some form of agreement with the European Parliament (EP), the Presidency has had regular contacts with the EP. These have remained exploratory in nature, but have enabled the Parliament to provide useful information on the issues which are of particular interest to it, and which it considers will require a common understanding between the institutions.


Results and state of play


1. Delegated and Implementing Acts (Articles 290 and 291 TFEU)


As regards delegated acts (i.e. non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act), it would be useful for the European Parliament, the Council and the Commission to reach an understanding on standard language which would be inserted into legislative proposals (Article 290 TFEU). It would also be useful if the Commission could explain how it intends to proceed on the preparation of draft delegated acts.

As regards implementing acts (i.e. acts conferring implementing powers on the Commission, or in some cases, on the Council), all three institutions should reach agreement on the Commission's forthcoming proposal on the control of implementing powers conferred on the Commission (Article 291 TFEU).


2. Transition to co-decision


As a result of the entry into force of the Treaty of Lisbon, the procedure for adopting legislative acts will change in a certain number of areas. In order to ensure that legislative activity is not unduly disrupted as a consequence of the transition to the new Treaty, the European Parliament and the Council could agree that when the European Parliament has already delivered its opinion, it will be considered as a first reading under co-decision.


3. Committee structures in the area of JHA (Article 71 TFEU)


Delegations reached agreement on the draft decision setting up the Standing Committee on operational cooperation on internal security (COSI) (doc. n° 14785/09) which will have to be adopted after entry into force of the Treaty of Lisbon.

As for the overall working structure in the field of Justice and Home Affairs, delegations agreed that the Committee of the Article Thirty Six (CATS) and the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) should continue to meet until the end of 2011. Before that time, the necessity of having CATS and SCIFA should be re-evaluated by COREPER, taking into account the efficiency and coherence of Council working structures. In the meantime, CATS and SCIFA should focus their discussions on strategic issues where COSI would not be able to contribute and meet as necessary. The Committees could be involved, when deemed appropriate, in legislative work. COREPER remains solely responsible for preparing legislative acts.

Delegations discussed also a review of the other JHA working structures. Further work is needed on this issue.

The outcome of these discussions will serve as the basis for the future decision on JHA working structures in accordance with Article 19 of the Rules of Procedure of the Council.


4. Budget Procedure


Work is well advanced within the Council on a number of issues which need to be addressed as a matter of urgency in order to allow for the smooth entry into force of the Treaty. These cover in particular : amending budgets, transfers of appropriations, provisional twelfths, pragmatic calendar. Discussions with the European Parliament on these issues are on-going in order to reach an agreement during the Conciliation meeting of November 2009 at the latest.

Discussions among delegations are ongoing on other issues, such as the rules of procedure of the Conciliation Committee. Close contacts with the European Parliament are undertaken also in this respect.


5. Rules of Procedure of the Council (Article 240 TFEU)


On the basis that the Council's Rules of Procedure should only be modified to the extent that this was needed as a result of the entry into force of the Treaty of Lisbon, delegations reached broad agreement on most of the provisions of the preliminary draft amendments to the Council's Rules of Procedure as presented by the Presidency. (doc. n° 14853/09).


6. Rules of Procedure of European Council (Article 235 TFEU)


On the basis of the discussions that took place under the Slovene Presidency, delegations had a preliminary exchange of views on the new elements of draft Rules of Procedure of the European Council. Work on this issue will be continued with a view to its rapid finalisation.


7. Notification regarding Article 1, third subparagraph, of the TEU


The Treaty of Lisbon provides that "The Union shall replace and succeed the European Community". It will be necessary to inform third States and international organisations of this legal succession which will be effective at the time of the entry into force of the Treaty. Delegations reached broad agreement on a draft letter which would be sent for this purpose (doc. n° 14784/09). As regards Union Delegations, this draft letter will be adjusted in line with the Presidency report on the European External Action Service (doc. n°14930/09).


8. Chairmanship of preparatory bodies in the area of External Relations (Declaration n° 9)


Delegations discussed the principles for chairmanship of preparatory bodies in the area of external relations on the basis of a categorisation of working parties. The details of the arrangements proposed by the Presidency are set out in doc. n° 14852/09.


9. European External Action Service (Article 27 (3) TEU and Declaration n° 15 of the 2007 IGC)


Delegations agreed on the report (doc. n° 14930/09), which could serve as European Council
guidelines for the High Representative in the preparation of the draft Council decision on the
organisation and functioning of the EEAS.


***





Ahead of the European Council 10 to 11 December, the Swedish presidency of the EU Council could make an effort to communicate drafts and proposals in a comprehensive manner, including questions outside the October progress report.




Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu. On most of the blogs you can comment and discuss our common European future.

EU Lisbon Treaty implementation: Preparatory work

Moving to the Lisbon Treaty entails a number of implementing decisions, and for a long time this blog has called for transparent preparation and open discussion about the political and legal aspects of putting the reform treaty into practice. The legality of the “caretaker” Commission has been questioned, but I have seen no clarification in this regard.



After the Slovenian EU Council presidency, there was an extended period of silence from the Council (and the Commission) regarding preparatory work, with the exception of a few “ad hoc” decisions on urgent matters. Earlier today, I found practically nothing on the web pages of the Swedish Council presidency indicating efforts to clarify the issues.

Therefore, we have to surf to the Council’s web pages to look for suitable documents.


October European Council conclusions




The presidency conclusions of the European Council 29 to 30 October 2009 (document 15265/09) had this to say about the implementation of the Lisbon Treaty (point 3, page 2):

“The European Council takes note of the preparatory work in view of the entry into force of the Lisbon Treaty (doc. 14928/09). It endorses the Presidency's report on guidelines for the European External Action Service (doc. 14930/09) and invites the future High Representative to present a proposal for the organisation and functioning of the EEAS as soon as possible after the entry into force of the Lisbon Treaty with a view to its adoption by the Council at the latest by the end of April 2010. In this context, it also recognises the need, as underlined in the European Security Strategy, for the European Union to become more capable, more coherent and more strategic as a global actor, including in its relations with strategic partners, in its neighbourhood and in conflict-affected areas.”

At this stage, the one sentence by European Council only takes note of the general preparatory work.


***


December European Council



Institutional issues pertaining to the entry into force of the Lisbon Treaty are on the preliminary agenda of the European Council 10 and 11 December 2009 (document 15525/09), but with no added substantive information.






The conclusions of the general affairs and external relations council formation (GAERC), dealing with general affairs, 16 November 2009 (document 15913/09) referred to the upcoming Council meetings on 7 and 8 December 2009 preparing for the European Council on 10 to 11 December 2009, but added nothing of substance.


***


Hopefully, a more complete picture emerges during the coming days in addition to the 23 October 2009 progress report we mentioned above.



Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu. On most of them you can comment and discuss our common European future.

EU: Swedish presidency & Lisbon Treaty implementation

First the good news: With regard to communication, the Swedish presidency of the Council of the European Union is generally the most versatile and modern of rotating EU Council presidencies I can remember. Prime minister Fredrik Reinfeldt has handled the main press conferences in a professional manner, and foreign minister Carl Bildt and EU minister Cecilia Malmström have blogged about events beyond the call of duty.

The Swedish presidency has nudged the EU forward on important policy issues, like climate change, and it served as midwife to the top appointments under the Lisbon Treaty, with Herman Van Rompuy as the first president of the European Council and Catherine Ashton as the “double-hatted” high representative for foreign affairs and security policy and vice-president of the EU Commission (to be confirmed). Naturally, the Swedish government shares in the burden of proof that these appointments turn out to be wiser than many underwhelmed commentators have anticipated.

On the other hand, the Lisbon Treaty enters into force in little more than a week, on 1 December 2009. The amending treaty requires a number of implementing decisions by the EU institutions, but only the European Parliament has prepared and debated these issues in a systematic manner (although it could improve its presentation by presenting all the questions as a whole, both for the general public and for more serious students).

Peruse the Swedish presidency web pages, and you find few indications of preparation for the Lisbon Treaty or items with proposals for public debate. These issues should now be tackled in an open and systematic manner, and they should be visibly and comprehensively presented. Both political and legal aspects need clarifications.

The nominations for the new top jobs gave us a prime example of how intergovernmental cooperation works (and its outcomes), but it is now high time to move on to the union in which decisions are taken as openly as possible and as closely as possible to the citizen.



Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu, and discuss our common European future.

Final ratification of EU Lisbon Treaty ─ finally

Czech Happenings report that prime minister Jan Fischer deposited the 27th and last ratification instrument of the European Union’s Lisbon Treaty on Friday with the Italian Ministry of Foreign Affairs in Rome: Czech PM brings Lisbon treaty to Rome ending ratification process (13 November 2009).



Now that all the ratification instruments are in, the Lisbon Treaty enters into force on 1 December 2009, not that it has been in doubt since president Vaclav Klaus finally signed it. But it would have been nice if the Council of the European Union, just this once, had updated its web page on Lisbon Treaty ratifications in real time. As it is, there is still a gaping hole for the ratification date of the Czech Republic.


Haphazard information ─ need for improvement

Admittedly, the shift from the Treaty of Nice to the Treaty of Lisbon is somewhat messy, but the EU Council could have done a bit more to inform the public about the legal and political aspects of various issues requiring implementation.

The legality of the current Commission continuing in office ─ in a caretaker capacity ─ from 1 November 2009 has been questioned in mainstream media as well as in blogs. Shouldn’t clarifying answers be given by the Council?

Is it clear that the (as yet unknown) new high representative can take over as vice-president of the Commission on 1 December 2009, given the need for hearings by the European Parliament?

Wouldn’t more visible and comprehensive reporting about all the other implementation issues regarding the Lisbon Treaty be in order?

The nomination procedures for the president-chairman of the European Council and the high representative for foreign affairs and security policy cum vice-president of the Commission are a superb illustration of how intergovernmental cooperation works (so supporters of “freely cooperating, sovereign nation states” have forfeited their right to criticise).



However, those in favour of EU level democracy, or even just a more democratic European Union, can ask with Jean-Guy Giraud on Regards-citoyens if the first steps to be taken under the Lisbon Treaty have to violate the basic principles of a union “in which decisions are taken as openly as possible and as closely as possible to the citizen”; in Bienvenue à M./MME ‘PPCC’, Président/E du Conseil européen (13 November 2009).



In the meanwhile, you can vote at Fondation Robert Schuman on some of the persons rumoured to be candidates to become president of the European Council. A short while ago 8,733 had participated, despite the official black-out; hardly an indication of a total lack of interest among EU citizens for our common future.




Ralf Grahn



P.S. Are EU citizens worth a better European Union? Read and discuss on the Euroblogs aggregated on multilingual Bloggingportal.eu.

European Council 29 to 30 October 2009 agenda

Yesterday the EU Committee of the Finnish government discussed next week’s European Council, based on a memorandum (in Finnish)”Eurooppa-neuvosto 29.-30.10.2009” (pdf).

The paper discusses the effects of the delayed Czech ratification of the Treaty of Lisbon and the possible means to solve the problem caused by President Vaclav Klaus (but later during Friday there was information from Prague Castle and the Swedish Presidency that a satisfactory solution has been bound, making speculation redundant).

The memo is content to state that the President of the European Council and the High Representative for Foreign Affairs and Security Policy cannot be elected at the October meeting of the European Council. The paper does not discuss the possible candidates for the posts or the preferences of the Finnish government. It does not even hint that it is engaged in active discussion or lobbying.

The paper has a few words to say about the implementation of the Lisbon Treaty. After the Slovenian Presidency in the first half of 2008, preparatory work has been taken up during the Swedish Council Presidency, which will present two reports: One on the European External Action Service (EEAS) and another one on the rest of the implementation issues. Draft Rules of Procedure of the European Council have been promised.

In addition to the institutional questions, the memorandum outlines the policy areas up for discussion: climate change; the economic, financial and employment situation; the EU’s Baltic strategy; illegal immigration; external relations.

***

Even if the Swedish Presidency is slightly more open than its predecessors, official information about the upcoming European Council is still scarce, so we have to pick up even the crumbs, such as those offered by the Finnish memo.



Ralf Grahn