Brussels, 10/12/2003 (Agence Europe) - As expected, on Tuesday afternoon, the Italian Presidency presented a package of draft proposals for amendment of the constitutional draft treaty elaborated by the European Convention. This package is still incomplete and only deals with the problems that have been agreed to by most Member States during the Ministerial meetings of the last few months. The most sensitive subjects, like the composition of the Commission and especially qualified majority voting are expected to be included in a separate document that is not expected to be diffused until Wednesday evening. According to indications from the Italian minister of foreign affairs, Franco Frattini, we already know that the Commission is expected to include a Commissioner from each Member State until 2014 and that the presidency does not intend to formulate an alternative to the double majority sought by the Convention. But on these subjects and the delicate issue of a possible religious reference, the presidency is simply expected to examine and suggest guidelines by underlining that it is up to Heads of State and Governments to decide at the end of the week. Possible draft amendments could be distributed during the meeting when the presidency deems fit, in order to avoid completely showing its hand.
Essentially, the draft amendments presented by the Italian presidency confirm the drafts diffused before the ministerial conclave of Naples and include the conclusions form the last two foreign affairs ministers' meetings. Therefore, in the Article on Union values, the presidency confirms the possibility of introducing the rights of persons belonging to minorities, as well as equality between men and women but despite the protests from many women, including Danish MEP Lone Dybkjaer, the draft still includes the “principle” of equality whereas all other values are mentioned as they stand. On presidency and Council groupings, the draft still leaves the decisions up to the European Council (Seville list amended for the number of groupings, the half yearly presidency for the General Affairs Council, rotation every 18 months for the other groupings). In CFSP, decisions will be adopted by majority when they are taken on proposals by the Union's minister for foreign affairs. The Council of Foreign Affairs is chaired by the minister of foreign affairs in the Union, supported by a European service organised on the basis of a Council decision taken “after the EP opinion and the Commission's approval”. In other words the Commission will reach an appropriate opinion. The convoluted formula proposal demanding European Council intervention, disappears. The presidency confirms that the new texts proposed for permanent structured cooperation in defence, completes the wording in the mutual defence clause. To take into account the problems of the neutral countries, the draft explains that “this does not affect the specific character of security and defence policy of certain Member States”.
Financial and budgetary aspects: the presidency proposes that the Council decides by unanimity during adoption of the next multiannual financial framework but that the European Council could, using qualified majority, authorise the Council to decide by unanimity on the following: budgetary procedure. It outlines a co decision procedure which is not completed until the Council and Parliament reach an agreement. Legal cooperation and penal affairs: the presidency is proposing that a mention is made of the need to take into account “the differences in traditions and the legal systems of the Member States, particularly between “common law” and the others. A new provision is also expected to allow each Member State to submit a suspensive appeal to the European Council for all draft framework laws that “could impinge on the fundamental principles of its legal system”. An identical mechanism is introduced for social security. The presidency keeps the draft limiting the role of the European Prosecutor's office and the protection of the financial interests of the Union, whereas the Convention also wanted it to deal with cross-border organised crime. The draft explains that the European Council could adopt a decision in order to extend the reach of the European Prosecutor's Office in the fight against serious cross border crime but underlines that, “the European Council statutes at unanimity, following consultation with the European Parliament and Commission”. It also adds that the decision should be subject to ratification by all Member States. The presidency confirms that the proposals on research (legal basis for the European Research Area but with simple consultation with Parliament). Public health (legal basis for the fight against the deliberate threats or serious accidents to health when they can affect more than on Member State;
legal basis for setting quality and safety standards for healthcare products and medical devices), tourism (which becomes a support competency), transition to qualified majority (unanimous decision of the European Council with the possibility for national parliaments to register objections within six months), simplified revision procedure for Part III (without IGC), the new Danish opt in protocol, accession to the European Contention of Human Rights and the cross-cutting provisions on animal welfare.
Whilst welcoming the positive elements contained within these proposals, the European Commission spokesperson, Reijo Kemppinen spoke of "certain steps backwards, which are dangerous to the Union's smooth running". Among these, he cited the provisions on the European Foreign Minister and the joint external service, and said that "this must be a genuine double function". He also referred to the provision of a right of recourse to the European Council in the field of justice. "The European Council should not be turned into a supreme appeals body", he commented.