Convention debates EU foreign policy and defence

The European Convention session on 11-12 July
brought to light widely diverging views of whether foreign
policy and defence should be developed at EU level or remain
the competence of national governments.

The Convention discussed the current legal basis for EU
external action, the instruments available, and the
responsibilities of each of the various actors involved. It
examined the various possibilities of how to further
develop the EU’s global role.

The following areas were discussed by
the Convention:

  • Trade;
  • Development co-operation;
  • External relations;
  • Common Foreign and Security Policy;
  • European Security and Defence Policy;
  • The EU in international organisations.

The Convention Presidium has identified
four main areas where Treaty changes might be necessary to
improve EU external action:

  • Ensuring coherence: This is necessary for the EU to
    be a credible and effective player on the international
    stage. The current system makes it difficult to ensure
    that the multiplicity of instruments are used
    harmoniously in pursuit of common objectives.
  • Identifying common interests: The Member States
    should bolster mutual confidence and define common
    interests collectively.
  • Promoting flexibility: The EU should be capable of
    responding promptly to international developments,
    drawing on the most appropriate resources. The current
    financial constraints on the Common Foreign and Security
    Policy and the rule of unanimity restrict this
    capability.
  • Ensuring a clearer Union voice: Although it might be
    clear in specific situations who is in practice the
    Union’s main interlocutor (the Presidency, the
    Commission, the High Representative), the overall
    situation is complicated for those outside the Union
    wanting to know who to address.

The Convention also considered a motion
for a decision on the preparation of a Constitutional
Treaty, signed by 18 Convention members. The motion is
calling for the following:

  • The Convention should invite the Commission to
    prepare until October a draft Constitutional Treaty;
  • A first draft should be discussed by the Convention
    at its meeting at the end of October;
  • This draft should base itself on the proposals of the
    European University Institute, Florence and on the
    results of the Convention debates so far;
  • The draft treaty should be divided in two parts
    (fundamental/non fundamental provisions).

This motion was later withdrawn.

The European University Institute in
Florence has drafted a rewrite of the treaties at the
invitation of the Commission.

The Convention set up for new working
groups at its session on 11-12 July, to deal with:

  • internal security and justice;
  • simplification of legislative procedures;
  • external relations and representation of the EU
    abroad;
  • defence and security policy.

The Convention already has six working
groups, dealing with:

  • subsidiarity;
  • Charter of Fundamental Rights;
  • legal personality;
  • national parliaments;
  • complementary competences;
  • economic governance.

The working groups are expected to
present their reports to the Convention in September and
October, containing elements that could be introduced in
the Basic or Constitutional Treaty that will be drafted by
the Convention.

 

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Michel Barnier, European Commissioner for
Institutional Reform,

underlined that the EU remains insufficiently present in
the world despite the positive role of the High
Representative, Javier Solana, because its Member States
"cannot overcome differences of strategy, will and
political cu lture". He called on the Convention to
consider what the EU should do in the area of foreign
policy.

Peter Hain, the British Minister for
Europe,

underlined that foreign policy must remain in the
competence of the Member States. He said that the position
of the High Representative should be reinforced, but should
remain firmly under control of the Member States.

Peter Glotz, the German Government representative
to the Convention,

called for an EU foreign policy. He said that the High
Representative should be given the right to make proposals
and chair the External Relations Council. Mr Glotz insisted
that the High Representative's function should be
integrated in the Commission.

Gianfranco Fini, the Italian Deputy Prime
Minister,

proposed that the functions of the High Representative and
of an external relations Commissioner should be merged,
sharing the power with the Member States. He said that
quality majority voting should be introduced in the EU
decision-making on foreign policy, with an opt-out option
for each Member State.

 

In December 2001, EU leaders set up a Convention to prepare
a reform of EU policies and institutions so that the Union
can enlarge to new Member States.

The Declaration of Laeken recognises
that the EU's international impact falls short of the
Union's potential, given its economic weight, its high
degree of international integration and the resources at
its disposal.

 

At its September session, the Convention will discuss the
simplification of legislative procedures. At its first
session in October the Convention will discuss the issue of
subsidiarity.

The Convention President, Valery Giscard
d'Estaing, pledged to table the draft proposal of a
Constitutional Treaty between October and November 2002.
His objective is to have the final proposal ready for the
EU Summit in mid-2003.

The Convention will be followed by an
Intergovernmental Conference in 2003 or 2004 to decide on
the revision of the treaties.

 

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