Letter to the Clerk of the Committee from the Head of Parliamentary Relations Team, Foreign and Commonwealth Office, 5 September 2007

 

 

 

Thank you for your letter of 26 July in which you asked a number of questions regarding the future of the Common Foreign and Security Policy (CFSP), specifically on the status of the Declarations on CFSP and the use of Qualified Majority Voting (QMV).

 

Declarations on CFSP

 

The Declarations contained in the Intergovernmental Conference (IGC) mandate will be included in the Declarations to be made by the Member States at the IGC and published in the Final Act alongside the European Reform Treaty. Such Declarations represent a solemn political commitment on the part of the Contracting Parties and will be taken into account in the interpretation and application of the Treaty itself.

 

The Treaty's provisions on the CFSP will not be subject to the jurisdiction of the European Court of Justice (ECJ), except in certain very limited circumstances. The interpretation and application of these provisions, in the light of the Declaration, will therefore be determined in the course of decision-making on the CFSP.

 

Qualified Majority Voting

 

You also ask about decisions by QMV and the role of the High Representative in implementing the CFSP. Under the current Treaties, QM votes can be taken on CFSP decisions to implement policies and actions already agreed by unanimity and to appoint EU Special Representatives.

 

This principle of allowing QMV only for implementing measures will be maintained under the EU Reform Treaty, where subject to final agreement in the IGC, we expect the use of QMV to be restricted to:

- actions to implement decisions of the European Council (agreed by unanimity) relating to the Union's strategic interests and objectives, or a previous decision (agreed by unanimity) of the Council of Ministers;

- decisions on proposals which the High Representative has presented at the specific and unanimous request of the European Council;

- decisions to appoint a Special Representative;

 

As now, the use of QMV will not extend to decisions with military or defence implications. Moreover, where a Member State opposes the adoption of a European decision to be adopted by QMV for vital and stated reasons of national policy, it will continue to be the case that a vote shall not be taken and the issue will instead be referred to the European Council for decision by unanimity.

 

 

Richard Cooke