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Treaty change debate divides EU foreign ministers

Published 26 October 2010
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Germany and France face an uphill battle to secure backing for a change to the European Union's fundamental treaty, EU foreign ministers indicated yesterday (25 October) after lengthy talks.

Preparing the ground for an EU leaders' summit in Brussels this week (28-29 October), when treaty change will be discussed, foreign ministers said opinion was sharply divided over the proposal, despite strong German and French backing.

Germany wants to change the EU's Lisbon Treaty, which came into force last December after eight years of negotiation, to make sure it includes a permanent system for handling financial crises, such as another Greek-style debt collapse.

France backs the initiative, but many others in the 27-country EU are sceptical about the benefits and concerned about the fallout from reopening a treaty whose ushering into law caused deep division and political uncertainty.

"The drama became clear to everybody," Austrian Foreign Minister Michael Spindelegger told reporters yesterday, referring to a discussion on treaty change over the weekend.

"It underlines the need to find a solution - but the result was not the solution 'big treaty change'."

Germany's foreign minister, Guido Westerwelle, acknowledged the extent of division over the issue but said there was no way to have more financial stability without changing the treaty.

"Talks will continue now day and night in order to find common ground [before] Thursday," he told reporters.

France appears convinced that changing the treaty will be possible and its European affairs minister, Pierre Lellouche, described it as a necessary historical step.

"There is a true will from France and Germany to save our common currency," he said, acknowledging that treaty change was "hard to accept" for some countries.

Germany has been pushing treaty change for months, but the idea only gained traction last week after a deal was struck in which Berlin won support for the plan in exchange for backing Paris on a softening of new EU budget rules.

Berlin wants a permanent crisis resolution mechanism because the current system, created in May to handle the fallout from the Greek debt crisis, runs out in 2013, is taxpayer-funded and is legally ambiguous under the current Lisbon Treaty.

Division hardening?

At first the very idea of reworking the treaty so soon after it came into law looked a non-starter, with Britain and many others strongly opposed and any changes requiring EU unanimity.

But there are signs Britain could support the move if it applied only to the 16 countries that use the euro, meaning Britain would not have to hold a referendum on the issue.

Even if Germany and France can bring Britain onside, there remain several obstacles, and opening up the treaty could prompt others to propose their own changes.

Some eurozone countries have said they support the idea in principle but have concerns about the length of time it would take to introduce changes and doubt whether it is practicable.

As part of last week's Franco-German deal, it was agreed proposals should be drawn up ahead of a leaders' summit in March. That deadline has not been fixed, but it is among issues leaders will discuss at their summit in Brussels this week.

Despite the momentum injected into the debate by the Franco-German deal and indications some former opponents could now be more supportive, analysts remain doubtful it can pass.

"Treaty change is an extremely difficult thing to do," said Fabian Zuleeg, chief economist of the European Policy Centre, a Brussels think-tank. "Experience tells us that it takes a lot of time and that there are serious risks."

"The question is whether the process can be made quick enough to ensure that we have something firm in place before 2013 and that is doubtful," he told Reuters.

(EurActiv with Reuters.)

Positions: 

Czech Foreign Minister Karel Schwarzenberg said no-one should assume that even a tweak to the treaty's rules, as France and Germany sometimes present the changes, would pass easily.

"In this world, anything is possible [...] but it's not very likely," Schwarzenberg said.

The French-German deal "leaves a bad taste" for other EU states that feel they are being told what to do, Luxembourg Foreign Minister Jean Asselborn said.

Not only because Berlin and Paris appear to be dictating EU requirements, but because "there is a risk that we will be plunged back into months and years of navel-gazing," Asselborn added.

Belgian Foreign Minister Steven Vanackere, who chaired the talks in Luxembourg, said countries were wary of opening up a Pandora's box of institutional reform.

"Nobody around the table wants to open up the treaty and change it fundamentally," Vanackere told reporters.

Finland's Foreign Minister Alexander Stubb stressed that "at the end of the day, as long as the rules are tight, I'm happy".

However, he warned that the process is not exclusively in the hands of states, underlining that the European Parliament wants "much tougher" changes introduced.

"The fun hasn't even begun yet," he said.

Changing the EU treaty to allow for a permanent rescue mechanism would be "extremely dangerous," Germany's taxpayers' association (BdSt) said yesterday, echoing concerns that nearly stalled a key eurozone aid programme.

Many experts say this would entail changing the treaty's no-bailout clause - a controversial issue for German taxpayer representatives who fiercely opposed forking out money for debt-ridden Greece earlier this year.

"This is extremely dangerous," said Reiner Holznagel, head of the BdSt, which has over 300,000 members.

"The no-bailout clause is absolutely crucial because we don't want it to lead to financial transfers which would reward those [countries] that do not have solid budgets and punish those that are sorting their budgets out."

Background: 

In 2008 and 2009, the EU agreed to lend €6.5 billion to Hungary, €6 billion to Romania and around €3.1 billion to Latvia as part of wider assistance plans also funded by the International Monetary Fund and the World Bank.

The facility used to help these three countries is reserved for EU states which are yet to adopt the euro. During the crisis, the ceiling of this facility was raised from €25 to €50 billion.

"The assistance is financed through recourse to the capital markets, using the creditworthiness of the European Community, the EU's legal entity. The EC benefits from the unconditional support of all the member states. The money is lent under the same conditions under which it was borrowed (so-callled back-to-back loans)," reads a note from the European Commission explaining the functioning of the mechanism.

The mechanism set up to rescue Greece is based on the same principle and is worth 60 billion euros.

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