Memorandum submitted by the Secretary
of State for Foreign and Commonwealth Affairs
PROSPECTS FOR THE EUROPEAN COUNCIL, BRUSSELS,
14 DECEMBER 2007, AND FOREIGN POLICY ASPECTS OF THE REFORM TREATY
DECEMBER EUROPEAN
COUNCIL
1. We expect the December European Council
to include discussion of the mandate for a Reflection Group, and
the adoption by the Council of a Declaration on Globalisation.
Other issues that will feature include Justice and Home Affairs;
a renewed commitment to the Lisbon Strategy for Jobs and Growth;
energy and climate; and external relations—particularly
Kosovo and Iran. Kosovo's status now needs to be resolved urgently.
The EU will need to signal at this week's European Council, its
determination to play a leading role in bringing the status process
through to completion and in implementing a settlement. We will
also be looking to the European Council to take a strong line
on Iran, with this reflected in its conclusions.
REFLECTION GROUP
AND DECLARATION
ON GLOBALISATION
2. The Presidency will expect to secure
agreement on both at the European Council. Our view is that, with
the signing of the Lisbon Treaty on 13 December, the EU should
not contemplate any further institutional change for a lengthy
period. The EU's focus should now be outward-looking and forward-looking,
with this being reflected in both the mandate of the Reflection
Group and in the wording of the Declaration on Globalisation.
OTHER ISSUES
3. On JHA we would expect the Council largely
to endorse work already underway. We would welcome commitment
in the Conclusions on the strengthening of police and judicial
co-operation, and a renewed focus on implementing the EU Counter-terrorism
strategy.
4. On climate and energy we want the December
Council to emphasise the EU's commitment to an ambitious response
to climate change, and our determination to accelerate the transition
to a high growth low carbon economy.
5. On the Millennium Development Goals,
we will seek a mandate at the December European Council from Heads
for the Commission to produce an action plan that outlines progress
towards the Millennium Development Goals, and identify what is
needed to accelerate advancement.
6. On External Relations, our priorities
will be Iran and Kosovo. On Iran, following the Prime Minister's
Mansion House speech, we will want the European Council to increase
the pressure on Iran to comply with the obligation to cease nuclear
enrichment activity as mandated by the United Nations Security
Council. On Kosovo, we will want the European Council to set out,
following the end of the Troika negotiations process on 10 December,
the EU's determination to see Kosovo's status resolved and to
play a leading role in implementing a settlement.
FOREIGN POLICY
ASPECTS OF
THE REFORM
TREATY
7. I understand the Committee would also
find useful a summary of the foreign policy aspects of the European
Union Reform Treaty before my evidence session on 12 December.
8. The Treaty provides for a new office
of High Representative for Foreign Affairs and Security Policy,
combining the existing roles of the High Representative for the
Common Foreign and Security Policy and the Commissioner for External
Relations. The new figure will be appointed by the European Council
acting by Qualified Majority, with the agreement of the President
of the Commission. He or she will be responsible for the implementation
of the Common Foreign and Security Policy (CFSP) as mandated by
the Council, and the coordination of other external policies where
the Commission holds the lead (for example trade or enlargement
policy). The Treaty specifies that the High Representative shall
be not bound by Commission procedure in the exercise of his responsibilities
to the Council for the CFSP.
9. The new High Representative will also
assume functions currently exercised by the rotating Presidency.
These will include chairing the Foreign Affairs Council, conducting
dialogue with third countries on behalf of the Union, and representing
agreed positions of the Union in international bodies.
10. The High Representative will be supported
in the exercise of his functions by an External Action Service
composed of the relevant departments of the Council Secretariat
and the Commission as well as secondees from the national diplomatic
services of the Member States. Decisions on the detailed organisation
and function of the External Action Service will be taken by unanimity
by the Member States in the Council on a proposal from the new
High Representative. The Treaty specifies that the External Action
Service will work in cooperation with—not to replace—the
diplomatic services of the Member States.
11. Unanimity will remain the norm for decision-making
within the Common Foreign and Security Policy. The current provision,
which allow for use of Qualified Majority Voting for secondary
or implementing decisions, will however be retained in the new
Treaty and will be extended to proposals made by the High Representative
at the specific and unanimous request of the European Council.
EUROPEAN SECURITY
AND DEFENCE
POLICY
12. The provisions for European defence
in the Reform Treaty meet UK objectives to ensure the development
of a flexible, militarily robust and NATO-friendly ESDP. The Reform
Treaty preserves the principle of unanimity for ESDP policy decisions
and on initiating missions as well as confirming the prerogatives
of member states for defence and security issues. "Enhanced
Co-operation" will be extended to ESDP, allowing smaller
groups of member states to pursue particular ESDP projects. The
requirement for a unanimous Council decision will ensure that
the mechanism cannot be used against UK interests.
13. The Government also supports a new clause
introduced in the European Union Reform Treaty, which reflects
Member States' desire to offer assistance in response to a request
from another Member State that has suffered a terrorist attack
or natural disaster on their territory.
Foreign and Commonwealth Office
10 December 2007
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