EU Law: International relations ─ Implementation debate needed

The EU Treaty of Lisbon modernises the existing provisions on the European Community’s relations with international organisations and third countries.

When the European Community is merged into the European Union, the High Representative becomes the main responsible for the day to day running of the EU’s international relations and the official in charge of the European Union’s delegations in third countries and at international organisations.

Because of the remaining split between CFSP (and CSDP) issues and other external relations, the related provision on the European External Action Service is still to be found in the Treaty on European Union.

If the Treaty of Lisbon enters into force on 1 January 2010 ─ as the governments of the EU member states seem to wish ─ it is high time for the Council to open up the public discussion on all issues of implementation.



***

Current treaty

Articles 302, 303 and 304 of the Treaty establishing the European Community (TEC) contain basic provisions on the international relations of the EC.

Article 302 TEC relates to the United Nations (UN) and its agencies, but it also contains a general reference to all international organisations, of which some may be global in scope.

Cooperation with the pan-European Council of Europe is mentioned in Article 303 TEC.

The Organisation for Economic Cooperation and Development (OECD) is mentioned separately in Article 304 TEC.

The text of Articles 302 to 304 TEC as published in the latest consolidated version of the treaties (OJEU 29.12.2006 C 321 E/177─178):


Article 302 TEC

It shall be for the Commission to ensure the maintenance of all appropriate relations with the organs of the United Nations and of its specialised agencies.

The Commission shall also maintain such relations as are appropriate with all international organisations.

Article 303 TEC

The Community shall establish all appropriate forms of cooperation with the Council of Europe.


Article 304 TEC

The Community shall establish close cooperation with the Organisation for Economic Cooperation and Development, the details of which shall be determined by common accord.


***

Original Lisbon Treaty

Article 2, point 175 of the original Treaty of Lisbon (ToL) introduces a new Title and inserts an Article 188p to replace Articles 302 to 304 TEC. The new Article 188q transforms the existing Commission representations in third countries and at international organisations into EU delegations (OJEU 17.12.2007 C 306/99─100):



THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS

175) The following Title VI and Articles 188 P and 188 Q shall be inserted, with Article 188 P replacing Articles 302 to 304:

‘TITLE VI
THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS

Article 188 P

1. The Union shall establish all appropriate forms of cooperation with the organs of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.

The Union shall also maintain such relations as are appropriate with other international organisations.

2. The High Representative of the Union for Foreign Affairs and Security Policy and the Commission shall be instructed to implement this Article.


Article 188 Q

1. Union delegations in third countries and at international organisations shall represent the Union.

2. Union delegations shall be placed under the authority of the High Representative of the Union for Foreign Affairs and Security Policy. They shall act in close cooperation with Member States' diplomatic and consular missions.’.


***

Consolidated Lisbon Treaty

The new Title VI appears in the consolidated version of the Treaty of Lisbon together with the renumbered Articles 220 and 221 of the Treaty on the Functioning of the European Union (TFEU), published OJEU 9.5.2008 C 115/147:

TITLE VI
THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD
COUNTRIES AND UNION DELEGATIONS

Article 220 TFEU
(ex Articles 302 to 304 TEC)

1. The Union shall establish all appropriate forms of cooperation with the organs of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.

The Union shall also maintain such relations as are appropriate with other international organisations.

2. The High Representative of the Union for Foreign Affairs and Security Policy and the Commission shall be instructed to implement this Article.



Article 221 TFEU

1. Union delegations in third countries and at international organisations shall represent the Union.

2. Union delegations shall be placed under the authority of the High Representative of the Union for Foreign Affairs and Security Policy. They shall act in close cooperation with Member States' diplomatic and consular missions.


***

Comments

External action (Part Five of the Treaty on the Functioning of the European Union) manages to bring most of the international provisions under one roof, with the notable failure of the Lisbon Treaty to dislodge the common foreign and security policy (CFSP), including the common security and defence policy (CSDP) from the amended Treaty on European Union (TEU).

Articles 220 and 221 TFEU correspond with Articles III-327 and III-328 of the Constitutional Treaty.

The new TFEU Title VI The Union’s relations with international organisations and third countries and Union delegations simplifies reading by the new heading and by collecting the most important international organisations from three different provisions into one. The Organisation for Security and Cooperation in Europe (OSCE) is added to the organisations specially mentioned in Article 220 TFEU.

The merger of the European Community into the European Union, which is endowed with explicit legal personality (Article 47 TEU), is highlighted by the role of the High Representative, called on to implement these international relations and to wield authority over the EU delegations in third countries and at international organisations. Cf. Article 220(2) and Article 221(2) TFEU.

The existing European Community representations become European Union delegations (Article 221 TFEU).

These TFEU provisions reflect the development into a European External Action Service, which assists the High Representative. The EEAS is to be established by a Council decision (Article 27 TEU).

Thus, the European External Action Service is one of the questions requiring preparatory work in order to implement the Treaty of Lisbon, should it enter into force. The Council needs to report on the state of play and alternative solutions concerning this and other implementing issues to facilitate a constructive debate with the European Parliament, national parliaments, think-tanks, researchers and the public.

Perhaps the European Parliament and the Commission, even if on their last legs, could prod the Council into action?


Ralf Grahn

EU Law: International research cooperation

A further option offered by the current Treaty establishing the European Community (TEC) is research cooperation between the European Community (European Union) and third countries or international organisations.

This international cooperation is tied to the multiannual framework programme, currently the European Community’s (European Union’s) Seventh Framework Programme for Research and Technological Development (FP7), running from 1 January 2007 to 31 December 2013.

After looking at the relevant treaty provisions, we offer some suggestions for further reading on the European Union’s efforts to promote international research cooperation.


***


Article 170 TEC

Article 170 (ex Article 130m) of the Treaty establishing the European Community (TEC) provides an option for the European Community to cooperate with third countries or international organisations when implementing the framework programme for research and technological development.

The cooperation is based on the framework programme, currently the Seventh Framework Programme for Research and Technological Development (FP7), running from 1 January 2007 to 31 December 2013.

The second paragraph of Article 170 TEC offers a second option (‘may’): international agreements between the EC (EU) and third countries or international organisations.

The paragraph refers to Article 300 TEC on negotiating and concluding international agreements.


The current Article 170 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/122:

(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)


Article 170 TEC

In implementing the multiannual framework programme the Community may make provision for cooperation in Community research, technological development and demonstration with third countries or international organisations.

The detailed arrangements for such cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.



***


Original Lisbon Treaty (ToL)

Article 2, point 141 amended Article 170 TEC (OJEU 17.12.2007 C 306/86):

141) In the second paragraph of Article 170, the words ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.



***


Renumbering the Treaty of Lisbon (ToL)

(The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)

Article 170 TEC initially became Article 170 TFEU (ToL) before the renumbering of the treaty made it into Article 186 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).


***

Deleted procedure

The Treaty of Lisbon deleted the reference to the Article 300 procedure for negotiating and concluding international agreements. This was in line with Article III-252(4) of the Constitutional Treaty.

***


Lisbon Treaty consolidated

Article 186 TFEU

The ‘Community’ was replaced by the ‘Union’ (horizontal amendment) and the Article was renumbered. Article 186 TFEU dropped the reference to Article 300 TEC, and it appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):

(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)


Article 186 TFEU
(ex Article 170 TEC)

In implementing the multiannual framework programme the Union may make provision for cooperation in Union research, technological development and demonstration with third countries or international organisations.

The detailed arrangements for such cooperation may be the subject of agreements between the Union and the third parties concerned.



***

FP7 – Seventh Framework Programme (2007–2013)


Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), published in OJEU 30.12.2006 L 412/1, is available here:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:412:0001:0041:EN:PDF

Recital 27 of the FP7 indicates the state of affairs and the efforts to strengthen international research cooperation:

(27) The Community has concluded a number of international agreements in the field of research and efforts should be made to strengthen international research cooperation with a view to reaping the full benefits of internationalisation of RTD, to contributing to the production of global public goods and to further integrating the Community into the world-wide research community.


***

Research Directorate-General

The Commission’s Directorate-General Research offers a gateway to International Cooperation here:

http://ec.europa.eu/research/iscp/index.cfm


A table of various agreements on research and technological development is accessible here:

http://ec.europa.eu/research/iscp/pdf/st_agreement_ec_euratom_en.pdf

The Commission staff working document A new approach to international scientific and technological co-operation in the 7th Research Framework Programme (2007-2013) and 7th Framework Programme of the European Atomic Energy Community (Euratom) (2007-2011), Bussels, 12.1.2007 SEC(2007)47, explains the objectives of the Commission to foster international research cooperation during the existing framework programmes:

http://ec.europa.eu/research/iscp/pdf/newapproach_en.pdf


The Commission has followed up with the recent forward looking Communication A strategic European framework for international science and technology cooperation, Brussels, 24 September 2008 COM (2008) 588 final:

http://ec.europa.eu/research/iscp/pdf/com_2008_588_en.pdf


This is how the Commission presents its view:

This Communication presents a strategic European framework for international cooperation in science and technology (S&T). It also covers the specific aspects of such cooperation in information and communication technologies (ICT).

By strengthening its research effort and facilitating the use of new technologies, Europe can respond more effectively and efficiently to the major challenges society is facing today. Deepening the European Research Area (ERA) through greater integration and cross-border coordination of research investments and activities will increase Europe's competitiveness and its attractiveness as a place to invest in research and innovation. Promoting European ICTs worldwide as a key driver of socio-economic growth will also contribute to the Growth and Jobs agenda1. Deepening the ERA should go hand in hand with widening it, through enhanced cooperation with international partners.


Ralf Grahn