Select Committee on European Communities Third Report


APPENDIX 2 (Continued)



  1995 REPORT RECOMMENDATION


The Common Foreign and Security Policy

......We would therefore oppose the proposal from the European Parliament and others that the second pillar should be integrated into the European Community and should lose its inter-governmental character...... (269)

......The common foreign and security policy is presently formed in secrecy and this does not accord with Her Majesty's Government's frequently expressed wish to see scrutiny by national parliaments increased. This is a role for national parliaments, and we strongly recommend their involvement to a significantly greater extent. (270)

We do not believe that the formation of foreign or security policy would be improved by use of majority voting. A distinction can however be drawn between the policy, which should be formed by consensus, and the implementation of joint actions..... (271)


OUTCOME OF THE TREATY


The Common Foreign and Security Policy

No fundamental change has been made to the CFSP, which remains inter-governmental, although a number of fairly limited changes are made intended to improve the functioning of the CFSP.

No changes were made which significantly alter the position of national parliaments.



Article J.13 of the Treaty now provides for a more flexible decision making process. Paragraph 1 of Article J.13 provides that "Decisions under this Title shall be taken by the Council acting unanimously ...". However, where unanimity cannot be achieved, Article J.13(1) also provides that Member States abstaining may make a formal Declaration qualifying their abstention. In such a case, the Member States abstaining shall not be obliged to apply the decision but shall accept that the decision commits the Union. They shall also "refrain from any action likely to conflict with or impede Union action based on that decision ...".

By way of derogation from Article J.13(1), the Council can act by qualified majority "when adopting joint actions, common positions or taking any other decision on the basis of a common strategy" or "when adopting any decision implementing a joint action or a common position". It should be noted that this derogation "shall not apply to decisions having military or defence implications".

This new decision-making structure allows the most important decision to be taken by unanimity, but permits the use of qualified majority voting for implementing decisions.


  1995 REPORT RECOMMENDATION


The Common Foreign and Security Policy (continued)

One question which has inhibited the effective development of the CFSP pillar and should be resolved at the Conference is that of the financing of CFSP action. There has been much argument as to whether CFSP joint actions should be charged to the Council and thus fall within the Budget of the European Communities or should be borne by the Member States. Clear principles should be established in the new Treaty. Operational expenditure should as a general rule be carried by those States taking part in a joint action, but with the possibility that burden sharing could be agreed on a different basis for the purpose of a particular joint action. The IGC should re-examine the allocation of the administrative expenditure of the Council on CFSP matters.(272)


OUTCOME OF THE TREATY


The Common Foreign and Security Policy (continued)

Article J(18) states that administrative expenditure for the Second Pillar shall be charged to the budget for the European Communities. Operational expenditure "shall also be charged to the budget of the European Communities, except for such expenditure arising from operations having military or defence implications, and cases where the Council acting unanimously decides otherwise."

In cases where expenditure is not charged to the EC budget "it shall be charged to the Member States in accordance with the GNP scale, unless the Council acting unanimously decides otherwise". Member States abstaining from CFSP operations having military or defence implications, under the derogation provided for in Article J.13(1), will not be obliged to contribute to the financing of such operations.

The detailed arrangements for CFSP funding are set out in an inter-institutional agreement between the Parliament, the Council and the Commission.


 
previous page contents next page
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1997
Prepared 24 July 1997