Select Committee on European Scrutiny Thirty-Eighth Report


13 Europe in the World

(27587)

10325/06

COM(06) 278

Commission Communication: Europe in the World — Some Practical Proposals for Greater Coherence, Effectiveness and Visibility

Legal base
DepartmentForeign and Commonwealth Office
Basis of considerationMinister's letter of 25 July 2006
Previous Committee ReportHC 34-xxxvi (2005-06), para 19 (19 July 2006).
Discussed in Council15 June European Council
Committee's assessmentPolitically important
Committee's decisionCleared. Already considered relevant to the debate on "A Citizen's Agenda — Delivering results for Europe"

Background

13.1 After reviewing the challenges facing the EU and the EU's external assets (enlargement; European neighbourhood policy; trade and competitiveness; development; strategic relations, political dialogue and CFSP; disaster response, crisis management and ESDP), the Commission, in its Communication, argues the case for greater coherence and effectiveness. It proceeds on the basis that, "within the framework of the existing treaties, the Community and intergovernmental methods need to be combined on the basis of what best achieves the desired outcome, rather than institutional theory or dogma".

13.2 The Commission outlines "The Way Ahead" under four headings:

  • Better Strategic Planning
  • Increasing Effectiveness and Impact through Better Delivery
  • Better Co-operation between the EU Institutions and Member States
  • Improved Accountability

13.3 When we considered the Communication on 21 June, we considered that the Explanatory Memorandum submitted by the Minister of State at the Foreign and Commonwealth Office (Dr Kim Howells), with its cursory summary of the Communication, uninformative; likewise his statement of the Government's views. This seemed to us to be at one with the position taken by the previous and present Minister for Europe with regard to similar documents, all of which in one way or another related to the future of Europe in the wake of the rejection, 14 months ago, by French and Dutch citizens of the Constitutional Treaty — witness the response to the Commission's Plan D for Democracy, Dialogue and Debate and its "Citizens' Agenda", which we considered on 14 June,[39] as well as the Commission's Green Paper on "The European Transparency Initiative", which we also revisited on 21 June,[40] and which we again consider elsewhere in this Report.[41] The Government's general position appeared to be to shelter behind the obvious absence of any consensus on the future of Europe and to say that it would inform the House of its views once there was one.

13.4 We considered this somewhat at odds with the notion of increasing the involvement of national parliaments in decision-making, as was the submission of an Explanatory Memorandum on the day after the Council had approved the document in question and instructed those involved to proceed forthwith. We felt this was particularly so when the Communication contained significant proposals that some might see as good managerial sense but which others might see as "cherry-picking" in the face of the uncertain future of the arrangements in the Constitutional Treaty — especially the absence of any comment on the proposal to "double-hat" the EU Special Representative (EUSR) and the head of the EC Delegation, given that only two days earlier the Foreign Secretary had said to our colleagues on the Foreign Affairs Committee, when questioned about the "double-hatting" of the EUSR and Head of the EC Delegation in Macedonia, that "this is certainly not a precedent that the United Kingdom Government would wish to see repeated and we would resist it".

13.5 We considered this stance unacceptable, and asked the Minister to provide the Government's views now on the detailed proposals in the Communication — which ones he did not agree with, and which ones he endorsed. In particular, we asked whether he agreed with the Commission that, "within the framework of the existing treaties, the Community and intergovernmental methods need to be combined on the basis of what best achieves the desired outcome, rather than institutional theory or dogma".

13.6 When the Minister of Europe responded in July, he continued to be reluctant to provide the sort of answer that the Committee was seeking: he did "not believe that setting out the Government's detailed views on each of the Commission's recommendations will be helpful until the debate at EU level has developed further". He also endorsed proposals on improving the internal coherence of the Commission's input to EU external policy and gave some examples of recommendations that would require further discussions between the Brussels institutions and the Member States and which he favoured.

13.7 On the question of "double-hatting", he said:

    "the Foreign Secretary stated our position at the Foreign Affairs Committee on 13 June. We would not anticipate an extension of the precise model used in the Former Yugoslav Republic of Macedonia to other countries. However, as the Committee is aware, the EU will need to take decisions later this year about the organisation of its representation in Bosnia and Herzegovina once the Office of the High Representative closes, probably in June 2007. After this point, the EU will have both a key political role in Bosnia, in the form of an EUSR who will take on some of the OHR's functions, and a substantial amount of leverage in the form of the Stabilisation and Association Process, run by the Commission.

    "In our view there is a good argument for having the EU speak with one voice on these two closely interlocking issues, so maximising the effectiveness of our presence in BiH. This points to a different form of double hatting, which reflects the greater political content of the job, under which the EUSR (that is to say a politician, or senior national official, appointed by the Council) also heads up the Commission's presence in country. As with the FYROM case, safeguards would be needed to ensure that lines of accountability were not blurred. Discussions on the way forward in BiH are still at an early stage, but I would welcome the opportunity to discuss our thinking with the Committee.

    "During the term of the incoming Presidency the Government will continue to discuss all of these issues with the other Member States, the Commission and the Council Secretariat. I shall keep you up to date on any important developments."

13.8 He also noted "your invitation to come back to these issues" in the debate on "A Citizens' Agenda", which will now take place on 26 October.

13.9 We cleared the Commission Communication, noting that we were less clear than the Minister that the Foreign Secretary's position on "double-hatting" and his are one and the same and that the debate on "A Citizen's Agenda" would also provide the House with an opportunity to explore the Government's thinking on this and other relevant issues, which the Minister continued to be regrettably reluctant to share with it at present.[42]

13.10 That debate will now take place on 26 October. In the meantime, during his appearance before them on 13 July, the Minister undertook to write to Sub-Committee 'C' of the House of Lords EU Select Committee concerning which of the proposals in "Europe in the World" could be implemented without further consideration of the Constitutional Treaty .

The Minister's letter

13.11 In his letter of 25 July 2006 to the Chairman, which letter he copied to us, he now says that "the proposals in the Commission Communication are distinct from the provisions envisaged in the Constitutional Treaty, and could be introduced without the Constitutional Treaty", because:

    "the Constitutional Treaty sought to define a new institutional dispensation, and set the terms by which EU member states and the institutions would interact with each other. The Commission's Communication, on the other hand, is predicated on existing treaties and focuses on: a) improvements to internal Commission working practices in external policy areas; and b) how the EU can make its external policies more coherent through stronger co-ordination between member states and the institutions."

Conclusion

13.12 As we noted earlier, there are no doubt other views. Some will emerge in the evidence to be given to our counterparts in the Lords, who are carrying out an inquiry into this Communication.

13.13 The forthcoming debate will also no doubt touch on these matters, which is why we considered it appropriate to report the Minister's views to the House.


39   (27496) 9390/06 and (27497) 9393/06; see HC 34-xxxi (2005-06), paras 1 and 30, (14 June 2006). Back

40   (27508) 9412/06; see HC 34-xxxii (2005-06), para 4, (21 June 2006). Back

41   See para 12 above. Back

42   HC 34-xxxvi (2005-06), para 19 (19 July 2006). Back


 
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