Letter from Rt Hon Geoff Hoon MP, Minister
of State for Europe, to the Chairman of the Committee
Following Douglas Alexander's Evidence Session
before the Committee on Wednesday 3 May, he promised to follow
up in writing on the following issues. I am responding as his
successor as Minister for Europe.
TITLES OF
EU OVERSEAS REPRESENTATIVES
AND THEIR
RESIDENCES
Douglas Alexander's statement to the Committee
that these individuals are not Ambassadors, but representatives
of the European Commission, was correct. The term "Ambassador"
has never been correct terminology, although mention of "EU
Ambassadors" is common outside the Union when talking about
a group of Ambassadors belonging to individual Member States.
While incorrect references sometimes occur, the important issue
is that neither Commission representatives nor Commission offices
can represent Member States.
On the question of EU representatives' residences
overseas, the UK, with other EU Member States through the Council
of Ministers, exercises significant influence on the establishment
of the EC budget at the beginning of each financial period. It
is from this budget that offices and residences of the Commission
overseas are funded. Parliament is also given the chance to scrutinise
the Government's position on the draft EC budget before its adoption
in Brussels. I shall write separately with the information you
requested on the residences of Commission representatives in Moscow,
Washington, Tokyo and Addis Ababa.[7]
ARTICLE 308 OF
THE TEC
John Maples MP asked the Government to clarify
a number of issues relating to Article 308 of the Treaty Establishing
the European Community. Recourse to Article 308 as the legal base
for action is subject to two conditions: first the action must
be necessary to attain one of the objectives of the Community
in the course of the operation of the common market; and, second,
there must be no other specific legal base which confers on the
Community the powers to carry out the action concerned.
In practice, the phrase "in the course
of the operation of the common market" has been interpreted
broadly by the European Court of Justice, in the sense that the
proposed action must come within the general framework of the
EC Treaty.
Article 308 does not therefore require that
every proposal using it as a legal basis should relate in a narrow
and restrictive sense to the functioning of the internal market.
In keeping with this approach there has, in
recent years, been a trend towards using Article 308 for measures
on general external matters and some institutional and financial
matters. Some examples are as follows:
— In 1981, a Regulation to grant exceptional
food aid to the least developed countries (Council Regulation
(EEC) No 3723/81 of 21 December 1981);
— In 1983, a Regulation to introduce
an exceptional Community measure to promote urban renewal in Northern
Ireland (Council Regulation (EEC) No 1739/83 of 21 June 1983);
— In 1994, a Regulation to set up a
Translation Centre for bodies of the European Union. (Council
Regulation (EC) No 2965/94 of 28 November 1994);
— In 1996, a Regulation to provide
assistance to economic reform and recovery in the New Independent
States and Mongolia (Council Regulation (Euratom, EC) No 1279/96
of 25 June 1996);
— In 2000, a Regulation on support
for the United Nations interim Mission in Kosovo (UNMIK) and the
Office of the High Representative in Bosnia and Herzegovina (OHR)
(Council Regulation (EC) No 1080/2000 of 22 May 2000); and
— In 2001, a Regulation creating a
rapid-reaction mechanism (Council Regulation (EC) No 381/2001).
Article 308 is the legal base for the Fundamental
Rights Agency and the Government and all other Member States are
clear that this is the appropriate legal base. As noted above,
Article 308 provides the Council with the means to attain the
objectives of the Community if the Treaty has not provided the
necessary powers. While ensuring respect for fundamental rights
is not specifically listed as a Community objective in Articles
2 and 3 TEC, the European Court of Justice has found that this
is a condition for the lawfulness of Community acts, and thus
it forms an underlying or implied objective of the Community.
POSITION OF
ROMANIA AND
BULGARIA REGARDING
ACCESSION NEGOTIATIONS
In addition to the super safeguard clause, the
Accession Treaty lists three provisions which allow the EU to
remedy difficulties encountered as a result of accession (Articles
36-38): a general economic safeguard clause; a specific internal
market safeguard clause; and a justice and home affairs safeguard
clause. These safeguards were included in the Accession Treaty
for the new member states that joined in 2004, but were never
activated.
The general economic safeguard clause is designed
to deal with adjustment difficulties experienced in a particular
economic sector or area following the entry of a new member state
into the internal market. This would normally relate to sudden
strong competitive pressure in a product market. During the three
years following accession, a new member state may apply for authorisation
to take protective measures while adjusting its economy to the
pressures of the internal market, and an old member state may
apply for authorisation to take protective measures with regard
to a new member state.
The internal market safeguard clause may be
applied in the first three years if a new member state has not
met commitments it made in the accession negotiations, or the
functioning of the internal market is under serious threat. It
covers the area of the four freedoms and includes sectors such
as competition, energy, transport, telecommunication, agriculture
and consumer and health protection—including food safety.
Measures are taken on a case-by-case basis. They may be decided
before accession, to be applicable as from accession, and they
may be extended as long as the situation is not remedied.
The justice and home affairs safeguard clause
may be applied during the first three years after accession if
there are risks of serious shortcomings in the way a new member
state has transposed or implemented EU rules on mutual recognition
in criminal law or civil matters. They may also be applicable
beyond that date if the situation is still not remedied.
AIR LINKS
WITH NORTHERN
CYPRUS
The UK and the Republic of Cyprus are both contracting
States to the Convention on International Civil Aviation, commonly
referred to as the Chicago Convention. Article 10 of the Chicago
Convention provides for each contracting State to designate the
airports at which international civil flights may arrive and depart
for the purposes of customs and other examinations. Under Article
68, contracting States may designate the routes to be followed
by international civil flights and the airports they may use.
Article 10 further provides for the publication
of the details of designated airports by the contracting State
and the transmission of these details to the International Civil
Aviation Organisation which may in turn pass them on to other
contracting States.
The Republic of Cyprus has never designated
Ercan as an airport for these purposes. We do not understand safety
to be the principle obstacle to this. We already have an interest
in the safety of Ercan airport given the large numbers of British
tourists flying into it via Turkey. Inspections indicate safety
standards at the airport are satisfactory.
The circumstances under which non-state entities,
or a contracting State which is in effective control of territory
over which it has no sovereignty, may be competent to designate
an airport for these purposes have not been comprehensively put
to the test.
GAZA AND
THE WEST
BANK
We regret that Quartet Special Envoy for Disengagement,
James Wolfensohn, was unable to continue his excellent work. He
played a significant role in several key areas. He worked extremely
hard to ensure that Israeli disengagement from Gaza and parts
of the West Bank delivered results for the Palestinian people.
He was instrumental in securing the 15 November Agreement on Movement
and Access. He worked with both parties to help build the Palestinian
economy. We commend his efforts.
Secure and reliable links between Gaza and the
West Bank are crucial for the success of the Palestinian economy.
Dr Howells has taken a close interest in this. Sir John Stanley
is right that there is a strong case for constructing a road link
between Gaza and the West Bank. The European Commission, USAID
and the World Bank are scoping the prospects for doing this, along
with the various alternatives, such as a rail link and/or tunnel.
A safe and permanent connection between Gaza and the West Bank
will make a lasting impact on the prospects for a viable Palestinian
state. We are concerned that the United Nations Office for the
Co-ordination of Humanitarian Affairs has reported an increase
in the number of obstacles to movement in the West Bank and that
the deadlines for the introduction of bus convoys by 15 December
2005 and truck convoys by 15 January 2006 were missed.
We continue to urge Israel and President Abbas,
bilaterally and through the Quartet, to work on the Gaza-West
Bank link and other issues as set out in the 15 November Movement
and Access Agreement relating to the Gaza Strip. This includes
Gaza/Israel crossing points; freedom of movement in the West Bank;
and the construction of an airport and seaport in Gaza.
The Committee has also written asking for two
further written answers:
TREATY CHANGE
David Heathcoat-Amory asked about the Government's
attitude towards modifying, amending or changing existing treaties
in order to bring in parts of the Constitutional Treaty. Douglas
Alexander made clear our views when he addressed the Committee
on 3 May, that there is no such proposal under discussion with
partners. As the former Foreign Secretary said "There is
no plan, proposal or intention to slip elements of the Constitution
through the back door." (Commons Debate, 6 June, Hansard
Col 1000). Douglas Alexander told the Committee on 3 May, "We
could contemplate non-treaty change, incremental improvements
of the rules".
It would clearly be impractical to rule out
all future treaty changes simply on the basis that similar provisions
exist in the Constitutional Treaty. Over time, much procedural
change has taken place in the EU, some of which, such as the new
arrangements for transparency of the Council of Ministers agreed
under the UK Presidency, has not required Treaty change; an example
of change which did require Treaty change was the extension of
QMV in the Maastricht Treaty. If further such change could make
the EU more effective, we would not rule it out automatically,
but we would look carefully at the possible benefits to the UK
on a case by case basis.
EUROPEAN FOUNDATION
FOR DEMOCRACY
A reply from the Foreign Secretary to Denis
MacShane regarding the latter's question in the House of Commons
on a European Foundation for Democracy (27 March 2006, col 561)
has not yet been issued but will be shortly. I will ensure that
a copy of the correspondence is forwarded to the Clerk of the
Committee.[8]
You asked that notes be provided on topics the
Committee was unable to reach due to time constraints (the European
Neighbourhood Policy, Ukraine, Belarus, security of energy supplies
and EU monitoring at Rafah). These are provided at Annex A.
Rt Hon Geoff Hoon MP, Minister of State for Europe
Foreign and Commonwealth Office
22 May 2006
Annex A
EUROPEAN NEIGHBOURHOOD
POLICY (ENP)
The ENP covers both the EU's eastern and southern
neighbours. The UK Government supports the ENP as a means of encouraging
political and economic reform in countries that wish to move closer
to European standards. Action Plans for the first wave of countries
(Ukraine, Moldova, Israel, Palestinian Authority, Tunisia, Morocco
and Jordan) are now being implemented. The Action Plans identify
areas for reform linked to closer co-operation with the EU. The
first formal review of Action Plans for Moldova and Ukraine will
take place this year. Action plans for Armenia, Azerbaijan, Georgia,
Egypt and Lebanon are now being negotiated and we hope these will
be completed as quickly as possible.
UKRAINE
An interim report in late November 2005 showed
that Ukraine was making good progress under its ENP Action Plan.
Since then it has conducted largely free and fair parliamentary
elections (as recognised by the OSCE's Office of Democratic Institutions
and Human Rights which monitored them) and entrenched media freedoms—
both priorities under the Action Plan.
The 26 March parliamentary election in Ukraine
returned a majority for the pro-reform "Orange" parties
and cut the number of parties represented in the new parliament
to just five. However, President Yushchenko's Our Ukraine Party
came third behind that of his former Prime Minister, Yuli Tymoshenko.
Victor Yanukovych's Party of the Regions came first in the popular
vote with 33%, but lost ground in its eastern heartlands. Coalition
negotiations are currently under way between Our Ukraine, Blok
Yulia Tymoshenko and the Socialists and are focussed on negotiating
a government programme as mandated by the revised constitution.
The UK remains strongly supportive of political
and economic reform and the Prime Minister sent a letter to Yushchenko
in March congratulating him on Ukraine holding largely free and
fair elections and underlining our willingness to work with any
government that emerges from coalition negotiations in support
of reform.
BELARUS
The OSCE's observation mission to Belarus' Presidential
election on 19 March characterised it as "severely flawed
due to the arbitrary use of state power and restrictions on basic
rights". The election was followed by a further crackdown
on the opposition and the arrest of over 800 individuals, including
Alexander Milinkevich and Alexander Kozulin (candidates in the
presidential election and opposing leaders). The UK and EU have
responded strongly, including by issuing tough statements condemning
election fraud, the subsequent crackdown on peaceful demonstrations,
and the arrest of demonstrators. A travel ban against thirty-one
individuals (including Lukashenko) was agreed by EU foreign ministers
on 10 April. (This was reinforced on 18 May by the Council agreeing
to impose asset freezes against those responsible for the election
fraud and actions against the opposition, civil society, and the
independent media).
The EU remains open to developing relations
with Belarus, including through to ENP, provided that the Belarusian
authorities prove a sincere willingness to respect human rights,
the rule of law and democratic freedoms, and initiate democratic
reforms. This position was repeated by the GAERC in Conclusions
on 6 April.
SECURITY OF
ENERGY SUPPLIES
The European Council in March this year asked
the Commission and the Council to prepare a strategic review of
EU energy policy by 2007, with work beginning this year. This
builds on the Commission's Green Paper of 8 March and will look
at security of energy supply, which should be achieved through
full implementation of the single market in energy, diversification
of supply into the EU, improved energy efficiency, and a coherent
external strategy for EU dealings with source and transit countries.
In the meantime, the June European Council will consider more
closely external aspects of EU policy. The UK is working with
EU partners to influence the outcomes both of the June Council
and the Strategic Energy Review.
EU MONITORING AT
RAFAH
We are pleased that the EU Border Assistance
Mission at Rafah continues to allow the Palestinians to operate
the border between Gaza and Egypt following Israeli disengagement
The EU's presence provides reassurance to all parties that the
border is being properly operated. This makes a real difference
to the lives of people in Gaza by improving their economic prospects
and by allowing them greater freedom of movement
The EU takes the security of its monitors seriously
and has recently increased the size of the Specialist Security
Team (to ten personnel) on the advice of the Head of Mission.
In terms of the future prospects of the mission, we expect that
it will continue to operate as long as the parties continue to
support and meet their obligations under the Agreement for the
border's operation.
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