Memorandum submitted by the Secretary
of State for Foreign and Commonwealth Affairs
PROSPECTS FOR THE EUROPEAN COUNCIL, NICE, 7-9 DECEMBER
2000
1. The Presidency will only finalise the agenda
for the Nice European Council after the General Affairs Council
on 4-5 December. The main issue will be the conclusion of the
negotiations in the Intergovernmental Conference. We expect other
issues for Nice to include: the Charter of Rights; Enlargement;
Defence; Civilian Crisis Management/CFSP; Stockholm Preparations;
Taxation; Justice and Home Affairs (asylum and immigration); Social
Issues (social exclusion, the Social Agenda, employment guidelines,
mobility action plan and pensions); Food Safety; Sport; Galileo;
Maritime Safety; Environmental issues; and the Precautionary Principle.
IGC
2. Nice is due to conclude the negotiations on
the Inter-Governmental Conference. The agenda remains focussed
on the key institutional changes needed to prepare the Union for
enlargement—that is the size and structure of the Commission;
the reweighting of votes in the Council; the extension of qualified
majority voting; reform of the European Courts; and a review of
the Treaty provisions governing closer co-operation. In addition,
the European Council is likely to consider amendment of Article
7 TEU (action against Member States found to be breaching fundamental
rights) and may agree changes to the composition of the European
Parliament, Economic and Social Committee, Committee of the Regions
and Court of Auditors.
3. The Government set out its position on
all these issues in its response to the Committee's report on
the IGC (published as Command Paper 4893 in October), a copy of
which is attached. Since then, negotiations have continued at
official and Foreign Minister level. The most recent development
was a first draft composite text, issued by the Presidency on
3 November and already forwarded to the Committee. This sets out
possible drafting changes for most of the IGC issues, though not
yet for the reweighting of votes, the size of the Commission or
the allocation of seats in the European Parliament.
4. On qualified majority voting, the draft
runs through all the Treaty articles under discussion. This list
is likely to shorten over the next few weeks. The UK will continue
to look at each area on its merits. Where QMV is in Britain's
interests, we will advocate it. But we shall continue to insist
on unanimity for key areas of national interest, such as taxation,
social security, border controls, defence, Treaty change and Own
Resources.
5. On enhanced co-operation, the draft makes
a number of suggestions for changes to the current Treaty provisions.
We shall consider these over the coming weeks. As the Prime Minister
made clear in his speech in Warsaw on 6 October, the Government
considers that, especially in an enlarged EU, there may be occasions
where it is sensible for a group of Member Stats to co-operate
more closely than others. But we shall insist that whatever provisions
are agreed in Nice continue to protect the integrity of the Single
Market and the coherence of EU foreign policy. Nor will we accept
the creation of an institutionalised inner core of Member States.
It is important that examples of enhanced co-operation are genuinely
open to all who want to participate.
6. The Government remains pleased with progress
on reform of the EU's Courts (the European Court of Justice and
the Court of First Instance), which will need greater flexibility
if they are to cope with the inevitable increase in work which
will flow from enlargement. We welcome the changes in the draft
text, such as qualified majority voting for the Court's Rules
of Procedure, which should help achieve this objective.
7. The Government regards the text as a
contribution to taking forward the negotiations. Clearly there
is much in the text that will not be in the final Nice Treaty.
It represents an amalgamation of the various views that have been
put to the Conference. But the draft should help focus discussion
as much as possible before the European Council itself. We will
work to secure a satisfactory agreement at Nice.
EU CHARTER OF
FUNDAMENTAL RIGHTS
8. The Charter of Rights will be proclaimed
as a political declaration on the occasion of, but separate from,
the European Council. We expect that representatives of the Council,
European Parliament, and Commission will sign a short document
stating that the three institutions solemnly proclaim the Charter.
9. The Government strongly supports the
Charter. It will be a clear statement of basic European values
we all share. People need to know their rights and the EU institutions
need to respect them. The Charter will help with both. It sets
out fundamental rights, freedoms and principles which the EU Institutions
must respect when going about their daily business. The Government
has made it clear that it will remain purely declaratory, and
that it will not be incorporated into the Treaties.
EU ENLARGEMENT
10. Heads of Government are likely to welcome
the progress made in the accession negotiations under the French
Presidency. The Luxembourg Six countries (Cyprus, Czech Republic,
Estonia, Hungary, Poland and Slovenia) have opened all but two
of 31 chapters of the acquis communautaire and, by Nice, will
have provisionally closed between at least 11 and 16 chapters.
Other chapters have also been revisited and progress made, particularly
in areas where the EU has shown a willingness to tackle requests
for transitional periods. The Helsinki Six countries (Bulgaria,
Latvia, Lithuania, Malta, Romania and Slovakia) will have opened
between at least nine and 14 chapters and provisionally closed
between six and 10.
11. Heads of Government are also likely
to focus on the Commission's annual progress reports and Enlargement
Strategy paper published on 8 November. The 13 individual reports,
detailing each candidate's progress towards meeting the obligations
of EU membership, assess that, in general, most have made good
progress since last year. Only Turkey does not meet the political
criteria.
12. The Commission's Enlargement Strategy
paper sets out key recommendations on the future of the negotiations.
In particular, the paper proposes a "road map" for taking
forward negotiations over the next three Presidencies leading
to a conclusion in 2002. It also makes practical recommendations
on handling requests for transitional arrangements to facilitate
faster progress in negotiations. The UK strongly welcomes the
Commission's proposals which are constructive and forward-looking.
The recommendation for a "road map" in particular, is
an important step towards early enlargement. In Warsaw on 6 October,
the Prime Minister called for a breakthrough on enlargement under
the Swedish Presidency and said he wanted to see new member States
participating in the European Parliamentary elections in 2004.
We believe the Commission proposals open the way to achieving
this and will be working hard to achieve an outcome at Nice which
reflects the broad thrust of the Commission's proposed strategy.
13. Heads of Government may also consider
Turkey's Accession Partnership, if it has not already been agreed
by the General Affairs Council. The first draft of the Accession
Partnership has been published. It sets out short and medium-term
priorities for Turkey in its efforts to meet the criteria for
EU accession set out by the Copenhagen European Council in 1993.
The UK supports Turkey's candidacy for EU membership, on the terms
set out by the Helsinki European Council in December 1999.
EUROPEAN DEFENCE
14. The European Council should adopt a
Presidency report carrying forward the European Security and Defence
Policy (ESDP) in line with the mandate from the Feira summit.
So, Nice should see agreement to put in place the permanent structures
needed for the EU to prepare for and conduct military crisis management
operations. Nice should also agree EU proposals, for negotiation
with NATO, on permanent arrangements for consultation and co-operation
between the EU and NATO, including EU access to NATO planning,
assets and capabilities. Nice should also agree arrangements for
involvement of non-EU NATO members and other EU accession candidates.
15. Nice should welcome progress on taking
forward the Helsinki Headline Goal, notably at the Capabilities
Commitment Conference (20-21 November). This should include a
commitment by Member States to meet capability requirements and
agreement on a mechanism to ensure coherence between EU and NATO
capability requirements.
CIVILIAN CRISIS
MANAGEMENT
16. One of the annexes to the Presidency
report on ESDP will address civilian crisis management. This annex
will describe progress in establishing a methodology for achieving
the concrete target set at Feira for Member States' contributions
to international civilian policing operations (for Member States
to be able collectively to provide up to 5,000 police officers
to international policing operations, including, within that overall
total, up to 1,000 officers within 30 days).
CFSP ISSUES
17. Discussion of other CFSP issues will
depend on international events in the interim. It is probably
that Heads will discuss the situation in the Middle East. In light
of the Zagreb Summit (24 November) we do not at this stage expect
substantive discussion of the Balkans.
PREPARATIONS FOR
THE STOCKHOLM
COUNCIL
18. Our priority is to keep the Lisbon agenda
on track. Heads will be asked to agree a set of structural indicators
for use by the Commission in preparing its annual synthesis report
on progress towards the Lisbon targets. The first report will
be presented at Stockholm in March. Heads will also consider progress
reports on research and development benchmarking and on the e-Europe
Action Plan. The Government strongly supports the use and development
of structural indicators and benchmarking to advance the Lisbon
agenda and is content with the work to date.
19. Heads will be asked to endorse high-level
objectives on social inclusion which will form the basis of national
action plans. The Council will also consider a progress report
on the study into the future of social protection and a Resolution
on mobility. The Government is content with working in these areas.
The Presidency will seek agreement on a new social agenda (see
below).
TAXATION
20. The Feira European Council asked ECOFIN
to pursue work on all parts of the tax package, in order to achieve
full agreement on the adoption of the directives and the implementation
of the overall package as soon as possible and no later than by
the end of 2002.
21. The October ECOFIN Council discussed
a Presidency report which showed that, while significant progress
on the taxation of savings has been achieved, a number of issues
need to be addressed further. The UK is keen to see ECOFIN resolve
these outstanding issues. The 27 November ECOFIN Council will
discuss a proposal on the substantive content of a Directive on
the taxation of savings, although some Member States may wish
to take the issue to Nice.
22. The UK's objectives on the tax package
are to reach agreement on the substantive content of the Savings
Directive in line with the Feira conclusions, and, on the Code
of Conduct, on a process for rollback of those tax measures found
harmful in the Code of Conduct Group's report of November 1999.
ASYLUM AND
IMMIGRATION
23. As required by the October 1999 European
Council in Tampere, the Presidency will submit a progress report
to Nice on the work of the High-Level Working Group on Asylum
and Migration, in implementing cross-pillar Action Plans for the
countries of origin and transit of asylum seekers and migrants.
The Government is working to ensure that the report is clear and
well-balanced.
PROPOSALS FOR
OBJECTIVES FOR
FIGHTING POVERTY
AND SOCIAL
EXCLUSION
24. The Lisbon and Feira European Councils
committed Member States to a process to fight social exclusion
using national action plans. Nice should adopt broad social exclusion
objectives—agreed by the 17 October Social Policy Council—to
underpin these action plans. The objectives take a multi-dimensional
view of poverty and social exclusion and focus on employment as
the best guard against exclusion.
THE SOCIAL
AGENDA
25. The Lisbon European Council asked the
Nice Council to agree a European Social Agenda on the basis of
a Commission communication, which the Commission issued in June.
The Presidency have yet to circulate the draft of the Social Agenda.
We want to se a European Social Agenda which carries forward Lisbon's
modernising objectives by promoting employment and employability
(particularly through lifelong learning); tackling poverty and
social exclusion; and ensuring equality of opportunity in employment.
EMPLOYMENT GUIDELINES
26. The Nice Council will be asked to give
its approval to the Employment Guidelines for 2001. The present
draft Guidelines are largely acceptable to the UK and minor outstanding
issues should be resolved by the November Employment and Social
Policy Council.
MOBILITY ACTION
PLAN
27. The Lisbon European Council asked the
Council to define, by the end of 2000, the means for fostering
the mobility of students, teachers and training and research staff.
The 9 November Education Council should adopt a Mobility Action
Plan which will be submitted to Heads for their endorsement.
28. The Plan will set out a number of measures
to help Member States improve the levels and quality of mobility.
The UK strongly supports this initiative.
PENSIONS
29. Lisbon asked that High Level Group on
Social Protection to produce a report on the sustainability of
pensions, informed by a Commission communication (which was issued
on 11 October 2000). The UK welcomes the communication which makes
no legislative proposals but which provides a useful basis for
further discussion between Member States on meeting the challenge
of demographic change, and ensuring safe, sustainable systems
of pension provision. The High Level Group will submit a progress
report to Nice. Their final report is likely to be available for
the Gothenburg Council in June.
FOOD SAFETY
30. The Presidency may seek recognition
of the Commission's work on Food Safety Legislation and of the
proposed establishment of a European Food Authority. The UK welcomes
the Commission's work to protect European consumers through a
more modern and coherent approach to food safety issues.
SPORT
31. The Feira conclusions requested the
Commission and the Council to take account of the specific characteristics
of sport in Europe and its social function in managing common
policies. The Presidency intends to attach a Declaration on Sport
to the Nice conclusions naming these specific characteristics
and their impact on the implementation of common policies. The
UK supports the principle of a declaration provided that it does
not imply an extension of Community competence; that it does not
call into question existing Community policies; and that it respects
the independence of sporting federations.
GALILEO
32. The Feira conclusions requested a decision
on the proposed Galileo Satellite Navigation System by the end
of 2000. The UK welcomes the Commission's work on this subject
but continues to have concerns about the costs, funding, likely
benefits to users, those of Public-Private Partnership, and aspects
of security and project management. The Commission is expected
to bring forward further proposals on 22 November. We shall work
with the Commission and other Member States to ensure that any
decision in December does not leave these and other key issues
unresolved.
MARITIME SAFETY
33. Nice is likely to be asked to endorse
a Commission report on the Community's strategy for safety at
sea. The UK welcomes the first steps, described in the report,
which have already been taken, including to phase out single hull
tankers. The report proposes a second phase of measures, addressing
in particular the monitoring of ships with hazardous cargoes,
pollution compensation, and the creation of a European Agency
for Maritime Safety. The UK believes that the first two are best
pursued through the International Maritime Organisation, and that
the case for new EU institutions should be reviewed objectively
and carefully.
ENVIRONMENT
34. Nice is expected to ask the Swedish
Presidency to take forward further work on global environmental
governance. The Government wants the Rio plus Ten conference in
2002 (an event to mark the tenth anniversary of the Rio Earth
Summit in 1992) to address the strengthening of the institutional
structure for global environmental governance. The Nice Conclusions
should also refer to the outcome of the Hague climate change conference
and the implications for the EU's ratification of the Kyoto Protocol
by 2002.
PRECAUTIONARY PRINCIPLE
35. The precautionary principle states that
where there are threats of serious or irreversible damage, a lack
of full scientific certainty shall not be used as a reason for
postponing cost-effective measures. Nice will be asked to endorse
a Resolution on the precautionary principle, which should by then
have been adopted by the General Affairs Council. The Resolution
will welcome the European Commission's Communication on the application
of the precautionary principle in Community instruments, broadly
endorse the guidelines set out in the Communication, and call
on Member States and the Commission to work for full recognition
of the principle in international agreements and for a, particularly
the WTO. We support this initiative.
NICE EUROPEAN COUNCIL, 7-9 DECEMBER 2000—DOCUMENTS
LIKELY TO BE CONSIDERED AT THE EUROPEAN COUNCIL
IGC
— Draft Treaty of Nice
EU CHARTER OF
FUNDAMENTAL RIGHTS
— The final Charter text (CONVENT
50) with its corrigendum.
— The Charter Convention drafting executive's
explanatory commentary (CONVENT 49).
EU ENLARGEMENT
EUROPEAN DEFENCE
— Presidency reports on permanent arrangements
between EU and NATO and between EU and non-EU NATO members and
EU accession candidates.
— Documents concerning civil and military
crisis management procedures.
— Documents concerning inclusion into
the EU of WEU functions.
STOCKHOLM PREPARATIONS
— Progress report on benchmarking (to
be considered at 16 November Research Council—text not available).
ASYLUM AND
IMMIGRATION
— Report on the work of the High-Level
Working Group on Asylum and Migration.
SOCIAL ISSUES
— "Objectives in the fight against
poverty and social exclusion" (doc 12189/00 SOC 333).
— "Mobility Action Plan" (to
be agreed at 9 November Education Council).
— Social Policy Agenda (to be considered
at 28 November Employment and Social Policy Council—text
not available).
— Pensions report (not yet available).
FOOD SAFETY
— Commission's draft Regulation on
General Principles of Food Law, Establishing the European Food
Authority and Laying Down Procedures in Matters of Food Safety
(due to be adopted by the Commission on 8 November).
SPORT
— Presidency draft Declaration on
Sport.
GALILEO
— Commission Communication due to
be published on 22 November.
MARITIME SAFETY
— "Report from the Commission
for the Biarritz European Council on the Community's strategy
for safety at sea" (COM 2000 (603)).
PRECAUTIONARY PRINCIPLE
— Commission Communication—COM
(2000) 1, 2 February 2000.
— GAC Resolution—latest (COREPER
1) draft, 12342/00 (18 October 2000).
NICE EUROPEAN COUNCIL, 7-9 DECEMBER 2000—REFERENCES
FROM EARLIER COUNCILS
EU CHARTER OF
FUNDAMENTAL RIGHTS
The Cologne Conclusions called for the fundamental
rights applicable at Union level to be consolidated in a Charter
and thereby made more evident.
The composition and working practices of the
Charter drafting body, called the Convention, were established
in an Annex to the Tampere Conclusions.
EUROPEAN DEFENCE
The Presidency report to the Helsinki European
Council agreed to set a Headline Goal for European military capabilities.
The Feira European Council asked the French Presidency to report,
inter alia, on the establishment of permanent political
and military structures in the EU; on the development of EU/NATO
arrangements; and on arrangements to allow third countries to
participate in EU-led crisis management. The Feira Conclusions
also asked for reports on the progress made on the Headline Goal
and the implementation of EU capabilities in civilian aspects
of crisis management.
STOCKHOLM PREPARATIONS/SOCIAL
ISSUES
Specifics called for at Nice:
— agreement on a European Social Agenda;
— progress report on benchmarking exercise
on national R&D policies;
— progress report on study on future
evolution of social protection, especially pensions;
— high level objectives in the fight
against poverty and social exclusion; and
— report on e-Europe action plan.
Specifics called for by end of year:
— report on structural indicators;
— greater competition in local access
networks;
— report by end 2000 on review of EIB/EIF
instruments;
— strategy on removal of barriers to
services;
— strategy to foster mobility of students,
teachers and training and research staff; and
— report on benchmarking exercise on
setting up new companies and the numbers of business and scientific
graduates and training opportunities.
GALILEO
The Feira European Council recalled the strategic
importance of the Galileo project and of taking a decision on
this matter by the end of 2000.
MARITIME SAFETY
Following the December 1999 Erika disaster,
the Feira Council mandated the Commission to present a report
on its proposed overall strategy on maritime safety to the Biarritz
European Council to reach a decision by the end of the year. The
Biarritz Council had an exchange of views on the Commission's
Communication. The Report of the Council noted that progress already
made in some areas, and the Commission's further proposals, should
allow the Nice Council to reach a coherent and global strategy.
ENVIRONMENTAL ISSUES
The Helsinki Council stressed that preparations
should continue in a manner that would enable the prerequisites
to be established for ratifying the Kyoto Protocol by the European
Community and Member States by 2002. It urged all parties to the
Climate Change Convention to achieve ratification by 2002. Helsinki
also invited the Commission to bring forward a proposal for the
Sixth Environmental Action Programme by the end of 2000.
Feira asked the Commission to consider the issue
of the urban environment in its proposals for the Sixth Environmental
Action Programme.
PRECAUTIONARY PRINCIPLE
The Helsinki European Council asked the Council
to examine the forthcoming Commission communication on the precautionary
principle as a matter of urgency and instructed the Portuguese
Presidency to present a progress report to the European Council
in Feira. Feira took note of the Presidency report and concluded
that the principle would be discussed at Nice.
| 
