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.
