Select Committee on European Union Minutes of Evidence


Examination of Witnesses (Questions 20-33)

HE Mr António Santana Carlos and Mr Israel Saraiva

17 JULY 2007

  Q20  Baroness Thomas of Walliswood: Ambassador, the European Council has requested that the Council and the European Parliament get together to progress the European Institute of Technology but there is a conflict between the two institutions in terms of the budget resources to be devoted to this project. In our own report on the matter, we share the concerns which have been expressed by the European Parliament as to the method of funding this new initiative. How will the Portuguese Presidency try to seek the necessary agreement between the two parties to make progress?

  HE Mr Santana Carlos: Thank you for your question. The Portuguese Presidency will seek political agreement before the end of 2007 on a draft framework of the European Parliament and of the Council that creates the EIT, thus we intend to give continuity to the work undertaken during the German Presidency. We appreciate that there still are some uncertainties regarding the budget for the EIT. We are expecting additional information from the Commission on the financial envelope, however it should be underlined that the two institutions are already agreed as far as the overall amount of the budget is concerned. €308.7 million. We now have to find an understanding on which budgetary line we are going to get this amount. We are aiming at having EIT on the agenda of the Competitiveness Council on the 27 and 28 September. May I also add that I welcome the recommendations put forward by this House in its report with evidence "Proposal to Establish the EIT". In particular, those suggesting that "EIT's strategy is to focus on technical developments which are commercially viable as well as innovative".

  Q21  Baroness Thomas of Walliswood: Could I pursue that a little further. There is a concern that although it seems that the scale of introduction of the EIT is being reduced, there is no change to the budgetary ambition, as it were, of the project. The second thing is that that finance is supposed to come from a reserve fund which is already heavily under pressure from other demands and it was because of that that we were so concerned about the funding. The funds are not really in the Budget, they are in the reserve fund, which has other claims upon it. It may be too much detail, and I would be happy to get an answer which reflected that at a later stage. That was the real concern.

  HE Mr Santana Carlos: I fully understand your remarks. That is a matter that shall be discussed in Brussels with the Commission and we will see what it is possible to do during our Presidency and to find a balance and a good solution that can meet, not your objections, but your difficulties with this issue.

  Chairman: Thank you very much indeed. We have just over half an hour left, so I will reluctantly be forced to skip one or maybe two questions. I am going to pass over a question which I was going to put to you about the Galileo project, if I may. Perhaps later, when you write to us on any other points, you could mention something about the financial problems related to Galileo. I would like to go on, if I may, to the question of the labour markets.

  Q22  Lord Marlesford: Ambassador, I expect you would agree that the biggest structural problem which the EU has is to become more competitive in terms of its labour costs; particularly this applies in France and Germany due to the problems of the overheads attached to labour costs. The House of Lords came to the conclusion that it would not be a good idea to seek harmonisation on labour laws. Do you accept that conclusion? Do you agree that each country will have to deal with its own problem in its own way?

  HE Mr Santana Carlos: Thank you, Lord Marlesford, for your question. The balance between flexibility and security in the labour market is very high on the Portuguese Presidency agenda, therefore we are seeking to promote a comprehensive debate on "flexicurity" which is a word, as you know, that combines those two concepts. We must strive for the right balance between flexibility and security, knowing that there is no one-size-fits-all solution. We must indeed take into consideration each Member State's situation in terms of socio-economic, cultural and institutional background. This is an approach, I am sure, with which this House would agree. While understanding there are differences among Member States, we need to aim for an integrated approach, including labour market policies, flexibility in work organisation, lifelong learning and training, along with stronger social protection. All these measures would contribute to strengthening productivity of the European Union and of its Member States. I appreciate labour productivity in the UK, despite all its overall economic success, remains a concern to this House. My Lord Chairman, we therefore need enhanced coordination between Member States in order to deepen economic cohesion within the Union while ensuring added protection to our citizens. Strengthening the social pillar of the Lisbon Strategy is thus becoming an ever greater priority. We want to give it some impetus during our Presidency. In this context, let me very briefly also remind this House that 2007 marks the tenth anniversary of the European Strategy for Employment. This framework provides a major opportunity to assess progress achieved so far and to launch a debate on the best ways to improve coordination of social and employment policies. The Portuguese Presidency will organise a conference: Employment in Europe: Perspectives and Priorities on 9 October in Lisbon. We will seek a debate oriented towards the future. Europe has to be much more than a mere open market ruled by some few common policies. Europe must be a community of values which could be seen by its citizens as essential in their daily lives. Social responsibility is one of the foundations of the European model. The way we deal with challenges such as social inclusion and the fight against poverty influences the perceptions our citizens have of the European Union and its institutions.

  Chairman: Thank you very much indeed. I would like to go straight on now to the CAP Health Check and Lord Sewel.

  Q23  Lord Sewel: Your Excellency, perhaps we could move on to look at the big spender, the Common Agricultural Policy. In the autumn the Commission will announce its proposals for how to deal with the Health Check. They will then come through, I think, with legislative proposals in the spring. What plans does the Presidency have to coordinate a Council response to the Health Check? Do you anticipate your Presidency engaging or starting a wider debate, a more comprehensive debate, on the future direction of the Common Agricultural Policy itself, debate beyond the rather narrow confines of the Health Check? Finally, do you think there will be any progress under your Presidency on the reform of the wine regime?

  HE Mr Santana Carlos: Thank you for your question. As you mentioned, the implementation of the CAP reform will be assessed in the Commission document to be presented before the end of the Portuguese Presidency. This will be an opportunity to make a thorough assessment of its implementation but also to consider its future after 2013. The debate on the future of CAP has started during previous European Union presidencies. It will be pursued at the informal Agriculture and Fisheries Council to be held in Porto from 16 to 18 September, and, as soon as the Commission paper is presented in November, the Portuguese Presidency will put it into the discussion at the Agriculture and Fisheries Council, possibly still in November. The Portuguese Presidency looks forward to a constructive debate that might contribute to establishing appropriate and positive guidelines for the future of the CAP which clearly means for the period after 2013.

  Q24  Lord Sewel: Would you like to say anything about wine?

  HE Mr Santana Carlos: I think that is quite a new matter but, as you know, Portugal is a wine-producing country, so we will look at that carefully of course.

  Chairman: A very wise answer. Anyway, you will shortly have the benefit of reading a report we are producing here on the wine regime. I am not going to ask you, for the purposes of time, about climate change. Let us just place on the record the fact that we appreciate the Portuguese Presidency's commitment to carry on preparations for the Bali Conference and also your commitment to carry forward the dialogue with important players such as the United States, Brazil, China and India. We appreciate that. We will leave it at that, just on the record. Could I move on then to the area of freedom, security and justice, Lord Bowness.

  Q25  Lord Bowness: Thank you, my Lord Chairman. Your Excellency, good morning. Could I ask you what priority your Presidency is going to give to criminal justice measures? There are a number of proposals around the Framework Decision on Procedural Rights, the Initiative for a Framework Decision on Suspended Sentences, a Framework Decision for the European Supervision Order. They all take a great deal of time and I wonder what priority you will be giving to this, particularly perhaps in the sense that this Committee will have an interest. Without pre-judging anything, I expect it to be approving a report of an inquiry that has been carried out into the European Supervision Order. Anything you could say about the timetable of that would no doubt be very much appreciated.

  HE Mr Santana Carlos: Thank you very much for that question, Lord Bowness. The three subjects assume special interest for the Portuguese Presidency constituting any of them a component of safeguards and protection of basic rights. They will be an important priority for Portugal. As you will be aware, the Framework Decision on Procedural Rights is a sensitive piece of legislation which raises difficulties for a number of Member States. We will therefore have to carefully consider whether there is scope to move forward on the proposal and await the outcome of the appropriate consultations. With regard to the Framework Decision on Suspended Sentences and the Framework Decision for a European Supervision Order, we hope to make progress and will be organising a seminar in Lisbon in September, 24 and 25 September, as well discussing both proposals in the appropriate Council working groups.

  Chairman: Thank you very much indeed. Lord Wright.

  Q26  Lord Wright of Richmond: Ambassador, good morning. Thank you again for your hospitality last week. I do not know whether you have read a report which this Committee produced on the Prüm Treaty but one of our concerns in commenting on Prüm was that it might delay and interrupt progress on the Framework Decision on the protection of personal data, so I am very glad to see that one of your priorities is that particular attention will be paid to the Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters. Can you tell us something about your expected progress on the Framework Decision and whether it is likely to offer better protection than the Council of Europe Convention which of course is already binding on Member States.

  HE Mr Santana Carlos: Thank you, Lord Wright. This Framework Decision that you mention is important in terms of the European Union efforts to fight crime and terrorism with the strict observance of key conditions in the area of data protection in the view of the implementation of the principle of availability. It is a very important file for the Portuguese Presidency and we would like to make progress on it before the end of the year as it was requested both by the Justice and Home Affairs Council and by the European Council in June. The last Justice and Home Affairs Council agreed that the Framework Decision would be based on the Council of Europe's existing rules which provide for high standards. There is in any case a need for a separate European Union instrument since the data protection provisions presently existing would not be sufficient in view of the implementation of the principle of availability.

  Q27  Lord Wright: This Committee has also produced a report on Schengen Information System Mark II in which we referred to the Portuguese proposal for what is known as SIS-one4all. Is there anything you can tell us about that, either now or subsequently in writing?

  HE Mr Santana Carlos: I think, Lord Wright, I could reply saying that there is a new scheme that will facilitate the access to the Schengen Agreement for new Member States of the Union. This is the main objective of the SIS-one4all. Of course, our idea is, during the Presidency, to make that instrument available as soon as possible.

  Q28  Lord Wright of Richmond: Our concern was that it might actually delay the introduction of the Schengen Information System Mark II but I hope you can give us reassurance on that.

  HE Mr Santana Carlos: Yes. We are doing our utmost to overcome some delays and we hope SIS One4All will be accessible in the month of August.

Lord Wright of Richmond: Thank you very much.

  Chairman: Thank you very much. Can we now take a look at the European Union's role in the wider world. There are a variety of issues here. Let us start off with Lord Roper and a rather touchy subject.

  Q29  Lord Roper: Your Excellency, we are very much aware of the priority you are giving to relations with Africa, a subject on which our Committee reported last year. We will not expect you to comment on the choice of the European Union's Special Representative to the African Union although we of course here very much hope our colleague, Baroness Amos, will be chosen. As far as the European Union-Africa Summit is concerned, there is of course one member of the African Union whose attendance would present some problems to the United Kingdom and I wonder whether you feel that a formula will be found to deal with the question of Zimbabwe to make the Summit tolerable to all Member States of the Union?

  HE Mr Santana Carlos: Thank you very much for that question. We are very well aware about some difficulties that are coming up regarding the convening of the second European Union-Africa Summit. There are, as you might be aware, several conclusions by the European Council which are in favour of that meeting. The European Council in June reaffirmed that the second European Union-Africa Summit, which will take place in Lisbon in December 2007, will provide an important opportunity to enhance the relationship between the European Union and Africa and to build an ambitious and strategic new partnership. All Member States, including Portugal and the UK, are in full agreement on the need for a new phase in the European Union-Africa relationship. The European and African partners have been focused on the substance of the Joint Strategy which includes the major areas of common concern: peace and security, governance and human rights, trade and regional integration and key developing issues. An important step was also the endorsement by the European and African Ministerial Troika of the outline of the Joint Strategy. This is the work that was initiated during the German Presidency and is going forward. The finalisation of the Joint Strategy will continue during the Portuguese Presidency. The objective is the presentation of draft texts of the Joint Strategy and plan of action in the European Union-African Troika Ministerial which will take place on 31 October 2007. Portugal looks forward to contributions from European Union Member States to be presented in the Ad Hoc Group recently set up which will: (i) give guidance to the European Troika in negotiating the Joint Strategy, (ii) ensure overall policy coherence, (iii) identify concrete deliverables and (iv) contribute to the preparations of the EU-Africa Summit in Lisbon. The UK has been very active in the process and has identified as priority areas for concrete deliverables the following: peace and security, health and education, environment and energy and migration. My Lord Chairman, last February a written agreement was reached in COREPER as follows: "Member States are committed to working towards a successful European Union-Africa Summit with substantive outcomes to be held in Lisbon during the second semester of 2007. Renewal of the Common Position—that took place on 22 February—on the restrictive measures on Zimbabwe should not be an obstacle to the holding of a successful Summit." The European Union continues to be concerned with the deteriorating human rights, political and economic situation in Zimbabwe, and for that reason renewed the Common Position. Recently the Council discussed developments in Zimbabwe and adopted conclusions, in which it welcomed the mandate given to President Mbeki by the Southern African Development Community—SADC—to facilitate dialogue between the opposition and the government of Zimbabwe. The Council also stated that it stands ready to support the SADC initiative if called upon to do so. Portugal believes the participation of Zimbabwe in the Summit should not be seen as a concession but as an opportunity for a frank and open debate between Europeans and Africans on questions regarding governance and human rights which affect also other countries in Africa. The Common Position establishes that Member States may grant exemptions regarding the visa ban when travel is justified on the grounds of attending meetings of international bodies or conducting political dialogue which promotes democracy, human rights and the rule of law in Zimbabwe. However, the Presidency believes there is the need to find acceptable solutions which take into account the perspective and sensitivities of all sides both European and African. That is an issue that we are dealing with with the British authorities; you might be assured of that. As the host country, Portugal is of the opinion that no discrimination should be made in the invitations. All African states, and of course European states, should be invited and we are aiming at the highest level of representation. Here I would like to state very clearly that the Portuguese Foreign Minister recently has made it very clear in public before the media that we are not happy with the possibility that Robert Mugabe will attend the Lisbon Summit, so we are not in favour of that possible situation. We would like to see through diplomatic channels what we can do in order to have representations from all African and European countries at the highest possible level with the exception perhaps of Zimbabwe but that is not an easy issue to settle. That is our position.

  Q30  Lord Tomlinson: Can I just ask you, Your Excellency, to recognise that using words like "diplomatic channels" should not be an excuse for not getting a proper understanding. The language of diplomacy is so often a language which is devised to confuse understanding of situations and I think if President Mugabe were to discuss in a frank and open debate democracy, human rights and the rule of law—and I quote your previous reply—it would be somewhat akin in the days of the past to inviting King Herod to discuss a strategy for child welfare. I do not expect you necessarily to respond to it but perhaps as you are communicating back to your government you could say that certainly one Member of this Committee will be trying his damnedest to persuade his Prime Minister not to attend were President Mugabe to attend. I do not necessarily expect you to comment too much on that!

  HE Mr Santana Carlos: I thank you, Lord Tomlinson, for your frankness which I appreciate. Of course we know the position in this country and your relationship with Zimbabwe and I understand there are very good reasons for that. I would only add that we shall bear in mind of course the position of the UK. You are our oldest ally and the Portuguese authorities in Lisbon are very well aware of the British position. The Portuguese Prime Minister met last Monday with Prime Minister Gordon Brown and I can assure you that was one of the issues that was discussed. I used the word "diplomatic", that also provoked some reactions in my own country, not only here. Just to say that of course both—and this is an understatement—political and diplomatic efforts are going on to try, if we can, to settle the situation. I would like to make the point that our perception is that after seven years, because the first European Union-Africa Summit took place in the year 2000 in Cairo so now it is normal that it shall be held in Europe, we didn't have a second Summit despite the fact that all the Members of the Union have a very good dialogue with the countries in the Continent. The European Union as a whole shall also have that dialogue and you have the Commission that can be very instrumental. We shall stick to our standards, so that is why we are thinking about a Joint Strategy document which will be adopted in Lisbon, defending positions that are essential for both partners. That is why we are pushing for that Summit. I think this is important otherwise today the problem is Zimbabwe and tomorrow it will be some other country, because, as we all know, the leader of Zimbabwe is not the only one bad example in the Continent, there are many others. So if we do not move a little bit forward, that would mean the European Union will be unable in the future to have its dialogue with the Continent which is very important for us at the highest level. So that is the reason why we are going forward with the preparations for that Summit and we are doing the utmost of course to make it a successful meeting.

  Q31  Chairman: Thank you very much, Ambassador. I think I can probably speak on behalf of the Committee in saying that Portugal has our sympathy in trying to reach a good solution to this very difficult problem and we hope for the best. I wanted to just raise the issue of President Sarkozy's rather vaguely defined idea of a Mediterranean Union. Some commentators and politicians have suggested this is in fact a ploy to provide an alternative for Turkey so that they would feel they were in a union if not in the European Union. I do not know what Portugal's position is on this although I know you have a great interest in the area. Can you give us an idea of what your reaction to President Sarkozy's proposal is?

  HE Mr Santana Carlos: Thank you, my Lord Chairman. First of all, I would expand the ideas of our Presidency regarding the Mediterranean area. I am afraid I have very little to say about President Sarkozy's proposal because we do not know yet its content.

  Q32  Chairman: I am not sure he does either!

  HE Mr Santana Carlos: But anyway I would like to say that the Mediterranean has always been a top priority of the European Union and will remain so during this Presidency. We are in favour of any initiative or proposal that envisages the strengthening and deepening of bonds between the countries within the Mediterranean basin. Nevertheless, we believe the best process remains a dialogue of mutual understanding and co-operation between the European Union and its Mediterranean partners. Using the framework of the Barcelona Process and the New Neighbourhood Policy, we aim to re-launch an in-depth policy debate with our European Union partners and developing a fresh approach towards the Mediterranean, in particular on issues of development and migration. Portugal is also engaged in the Political and Security Partnership with Mediterranean countries in order to develop and deepen the dialogue on ESDP and security issues. So we have five meetings at a ministerial level within the framework of the EuroMed that will take place in Portugal in several cities, including a meeting of our Ministers of Defence. Therefore we will pay attention to this relationship between European and Mediterranean countries. As far as coming back to the main point of your question, we have to see with our French friends what is the content of the proposal and if it fits within the ideas that all the Member countries have for enhancing the dialogue with the southern basin of the Mediterranean.

  Chairman: Thank you very much indeed. Let us now combine two issues regarding trade. Lord Marlesford?

  Q33  Lord Marlesford: Ambassador, in view of the failures of the repeated attempts to get agreement on the Doha Trade Round, should we now regard the Doha Round as dead? Where does Europe go from here and are bilaterals, particularly with the United States, basically a substitute for multilaterals?

  HE Mr Santana Carlos: This is a combined question and I will try first to reply on Doha. We hope that during our Presidency as representing the Union we can take some initiatives regarding the successful conclusion of the DDA negotiation. Despite the fact it is for us a first priority of course in the context of the trade policy there are some difficulties, such as sustaining a multilateral approach to international trade, and I would like to stress that the process is now in the hands of the 150 members of the WTO. We carefully follow the progress of the negotiations in Geneva and like until now during our Presidency we will want the European Union to intervene as much as possible in the process. The Commission shares this mood and we count on her to keep Member States fully and firmly informed and to consult them in a transparent manner whenever it is necessary. The negotiations in Geneva deserve special attention. This is a process that we will move forward but for the time being I think this is very much dependent on the position of some key countries—and I would mention Brazil, India, of course China and also Russia. We imagine two possible scenarios that we can face in our Presidency. The first is that the Director General, Pascal Lamy, may realise there is a consensual basis, however small it might be but enough, for pushing the negotiating process. So the proposal for a global agreement could be presented after the summer break. That is a good scenario. The second one will recognise that the divergences are too important and may prevent negotiations from progressing, and so the impossibility of moving forward will be evident and they might be postponed for two or three years. We will, then, probably have to accept that negotiations could only be revived then in 2009 after the American elections. If the negotiation process collapses, over-dramatising the situation will have to be avoided and we will do the utmost to prevent a blame game. Finally, let me just say the parallel path the European Union is making with reinforcing bilateral trade negotiations with the most important regional partners should not be seen as the abolition of a multilateral approach. The bilateral approach can work as a building block process for the multilateral one. So that is the situation and let us see what is going to happen. Regarding the second question, on transatlantic relations, Portugal will actively take forward the framework for advancing Transatlantic Economic Integration between the European Union and the US agreed in the Summit which took place last April. We would like the Member States to get involved and join the discussions through the Council's Transatlantic Working Group. So we expect that at least at a more technical level the process will evolve well. The Portuguese Presidency will carry on with initiatives to enhance economic integration and strengthen the transatlantic relations within the context of the presidency Trio. We firmly believe that the Transatlantic Economic Council will be the strategic core from where we can manage economic co-operation with the United States, so we intend to make full use of this framework. Thank you.

  Chairman: Thank you very much indeed, Ambassador, for answering our questions fully and clearly, with one or two matters still to be clarified which maybe in the course of time you could write to us about. I do thank you and I thank Mr Saraiva for being with us today. This has been very helpful. We will be sending you the transcript which we shall publish as part of a short report, and we thank you very much indeed for giving us a full insight into how you are going to handle the Presidency and in particular how you are going to handle the IGC. We wish you well, we shall be following the Presidency with great interest and we look forward at the end of the Presidency to being able to say, "Well done, Portugal, you got us through that difficult period with great skill and...", may I dare utter the word, "...great diplomacy." Thank you very much.





 
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