Brussels, 04/07/2003 (Agence Europe) - Despite the fact that Chairman Valéry Giscard d'Estaing appealed to his "dear Convention members" for "self-discipline", most of the members of the European Convention said during the plenary on 4 July that, by tackling Parts III and IV of the future Constitution (EU policies and final provisions), they could make changes (but not just technical fine-tuning) to the existing texts, as can be proven by the over 1600 amendments put forward. "Manipulation of these amendments would be a good physical exercise in the early morning, as long as one changes from the right arm to the left arm occasionally", VGE jested.
During the morning's debate, just one Convention member, MEP Olivier Duhamel, directly covered Part IV. Why, the French Socialist asked, do we not propose a new clause for revision of the Constitution (without unanimity)? In his view, "either the governments resist to the very end - they have full power - or, who knows, one day we shall help them to surpass themselves …".
VGE had begun by recalling the "comforting" welcome given by the Thessaloniki Summit to the Convention's draft Constitution. He noted that several Heads of Government, of "large, medium-sized and small countries" and sometimes from countries from which one would not have expected it, had pointed out that they could accept the text "as it is". "I have a clear recollection of this", he warned. At the same time, VGE admits that one should not "have any illusions" about the fact that temptation to re-open some issues at the IGC "will be great". Hence his appeal: "It will be up to us, in our own manner and within the limits of our attributions, to be vigilant and to exercise political influence so that this result is not too disfigured". In passing, VGE remarked that the Thessaloniki conclusions, drafted before the exchange of views between himself and the Heads of Government, do not reflect "the quality and the interest of the debate". This is one of the "weaknesses of the system", he stressed, recalling that, when he had "contributed to the birth of the European Council" (by replacing the hitherto irregular summits - one of his ideas when he was President of the French Republic in 1974), he had hoped that "deliberations would help to support the conclusions". He also hoped that they would return closer to the "initial culture, to personal commitment expressed in a text".
More qualified majority, also for taxation and CFSP: - such was the majority (but not unanimous) message from Convention Members on Friday morning. It would be a "pity" if, after the considerable improvements obtained in the first part of the treaty "we deny ourselves" the right to progress also on the third and fourth parts, MEP Andrew Duff, leader of the Liberal component at the Convention, said. He therefore urged for more substantial extension of qualified majority which, he said, steps up the pressure on ministers so that they reach a consensus, thus allowing compromises "at a greater level of quality than that of smallest common denominator".
Qualified majority is needed on taxation related to the internal market, German Foreign Minister Joschka Fischer stressed. Valéry Giscard d'Estaing confirmed his position along the same lines, saying that, if one had agreed to such extension, "that would have improved the debate" as greater emphasis would have been placed on the part of taxation policy that comes under national competence. MEP Alain Lamassoure (UDF) recalled that "the whole current VAT regime" is the subject of Community directives adopted "when the EU had twelve members". He noted that "with 30 members, it will no longer be possible to touch it". He considers that those who insist on unanimity are in fact giving up their tax sovereignty while at the same time not giving themselves the opportunity to do so within the Community framework, which is blocked by unanimity. "Fighting over principles does not prevent one from being realistic", he said. The representative of the Dutch government, Gijs de Vries, took a stance in favour of qualified majority mainly on tax fraud, and also CFSP (in a "limited but real" manner), social affairs, the environment, but in favour of keeping unanimity on financial perspectives. Josep Borrell, on behalf of the Spanish Parliament, made the same request for extending qualified majority (fiscality, CFSP, social policy). Tunne Kelam, from the Estonian Parliament, however, stressed his opposition to qualified majority in tax matters, which Baroness Scotland, alternate for the representative of the British government Peter Hain, also did of course.
With regards CFSP, several Convention Members questioned Joschka Fischer about his footnote in Part III of the Treaty, suggesting that the future European Foreign Minister should be backed by an administration "between that of the Council and the Commission, as stated by MEP Elmar Brok.
According to the CDU EMP (and his colleague Hanja-Maij-Weggen, Dutch Christian Democrat), this could endanger the hard-won balance between Council, Commission and Parliament. Mr Brok, the leader of the EPP component of the Convention, spoke out strongly against "a new diplomatic service outside the existing institutions", as this would "turn the Commission into nothing more than an 'internal market machine' and remove every power of control from the European Parliament". We do not need a new third structure, some kind of "kingdom of the middle", he exclaimed, adding that the future minister should be supported by European Commission services. Ms Maij-Weggen asked Joschka Fischer (whom she knows to be one of the most hotly-tipped candidates for the post of European Foreign Minister: Ed): "What prompted you to make the proposal?". Mr Fischer, slightly irritated, pointed out that the future minister would have a Council hat and a Commission hat, and said that he could accept the EPP's ideas, but that no other government would. We still have the ambition of ending up with a "more political" Europe, exclaimed Alojz Peterle, representative of the Slovenian parliament, who insisted on qualified majority for CFSP and a Foreign minister supported by Commission services.
Speaking on behalf of the Socialist family, MEP Anne Van Lancker pleaded in favour of the extension of qualified majority, for things such as social policy and non-discrimination (she was not alone is asking for this), and also asked for the Lisbon open method of co-ordination to be included in the Treaty, without this increasing the EU's competencies disproportionately.
Mr Fischer: no qualified majority on immigration for now - the services of general interest problem
In his address, Joschka Fischer raised two delicate problems for Germany (he and two other Convention Members, Erwin Teufel and Jürgen Meyer from the Bundesrat and the Bundestag, wrote Valéry Giscard d'Estaing an open letter on these). Firstly, immigration, saying that "a general move towards qualified majority is not feasible at the time being" in such a sensitive field. Secondly, services of general interest (the Daseinvorsorge which is so close to the hearts of the German government and the Länder), stressing that any transfer of competency to Community level would not be "bearable". On this subject, VGE pointed out that, in the Praesidium proposals, "national competency is maintained in its entirety"; what is planned for European level is simply for "Europe to make sure the economic conditions exist" for these services to work, he said. Services of general interest were also raised by Austrian Convention Members, MEP Maria Berger (SPÖ) and the parliamentary representative Caspar Einem.
The other main concerns raised in the morning session were:
- The creation of a European Public Prosecutors Office. Several members remain opposed to such a move, but French senator Hubert Haenel called for enforced co-operation for those who wish to take this decision "quickly" (Lady Scotland, of course, opposed this).
- Economic governance and the euro zone. We cannot allow members of the euro zone "to be reined in by the others", exclaimed Olivier Duhamel, who stressed: "it is up to them to decide- by qualified majority if they wish- that which concerns them alone".
- The Euratom Treaty. Bundestag member Jürgen Meyer proposed convening a Treaty-modification conference "in the near future: it is not a question of 'alighting' from nuclear, but simply of bringing more democracy into the issue", he said. The Euratom problem was also raised by EDD MEP Jens-Peter Bonde, who also asked for the principles of transparency to be firmly anchored in the Treaty (as did Swedish parliament representative Göran Lennmarker).
- The role of the Court of Justice in CFSP. Elmar Brok expressed his hopes that an exception can be made to the rule under which the Court has no competency in this area, because when the EU has its own armaments agency, for example, "contracts will have to be signed".
- Symbols of European unity (flag, anthem, Europe day, currency). The Slovenian Alojz Peterle was the first to voice his hopes that these symbols feature in the Treaty, and Alain Lamassoure agreed, as did Olivier Duhamel, who wondered why they disappeared from the Praesidium text- "victims of skilful kleptomania or of Freudian amnesia?".
- Cultural Exception: Pierre Lequiller (French parliament), Erwin Teufel (German parliament) and Kimmo Kiljunen (Finnish parliament) insisted that unanimity should remain the rule for questions relating to culture and education in international agreements.
- Animal welfare: Dutch MEP Hanja Meij-Weggen was back fighting to include the protection of animals in the Constitution. She called for support from Tony Blair. There are some fifty directives and regulations on this subject, so why not have it on the agenda of the Convention?, she asked.
Fischer/Brok seek to compromise on external services
The representative of the German government, Joschka Fischer, and Elmar Brok tried to find common ground during the day on services for the external representation of the EU. They may present a joint proposal on Monday. Commissioner Michel Barnier tried to clarify the question, saying that it is a question of creating a new administration which would cost a great deal, but of using resources that already exist, at the Commission, at the Council Secretariat and in the Member States. Experts from Member States that are part of these services should not only be diplomats but also specialists in development or health for example, he said. Furthermore, it will be necessary to keep the Commission's external delegations, as they have the experience of "years of good management".
Common position of national parliamentarians
Lamberto Dini summarised during the afternoon debates a common position by national parliamentarians, defined during the meeting on the fringe of the Convention meeting. The parliamentarians urged for vote by qualified majority to be the rule when the Council gives its stance on a joint proposal by the Foreign Affairs Minister and the Commission. Qualified majority vote should also be extended to indirect taxation and to the fight against fraud, and to ensure the smooth running of the internal market, as well as in the social area when it is a matter of protecting dismissed workers. As far as immigration is concerned, attention must be paid to questions relating to access to the labour market, Lamberto Dini said, without giving further details. Erwin Teufel, speaking for the Bundesrat, insisted during the debates that this point should remain in the field of unanimity. The national parliamentarians also hope to reopen the issue of qualified majority vote regarding own resources, Lamberto Dini said. Furthermore, national parliaments are pressing in favour of minimum norms in non-discrimination (Article 5 of Part III) and for ensuring the role of the Parliament in ratification of international agreements.
Lamberto Dini also pointed out that the representatives of national parliaments intended to meet on the fringe of the Intergovernmental Conference to follow its work closely, which was welcomed by Valéry Giscard d'Estaing.
Responding to worries expressed during the debates, Valéry Giscard d'Estaing provided assurances that there would be elements on the Euro zone in the final text, as well as on the "application of the open co-ordination method to certain social affairs areas". Nevertheless, he explained that these would be found in the corresponding drafts on these fields, rather than in the first part.
Presenting the organisation of the most recent work of the Convention taking place next week, Valéry Giscard d'Estaing indicated that the Presidium would be meeting on Tuesday morning to "follow up reflections" on this week's session. A draft will be sent our on Tuesday evening or Wednesday morning at the latest to Convention Members. The Convention will be meeting for the last time on Wednesday afternoon as from 15 H. the morning will be reserved for meetings of political families or "components" of the Convention, which Giscard invited to contribute Wednesday afternoon in a structured way