Brussels, 18/09/2007 (Agence Europe) - The group of member states' legal experts responsible for finalising the draft amending EU treaty, is expected to complete its work on Wednesday or Thursday this week, announced the Portuguese EU presidency on Tuesday 18 September. According to diplomatic sources, latest discussions concern the United Kingdom's dispensation when it comes to legal cooperation in criminal matters and police cooperation. After just two readings, the experts will therefore have agreed on a text considered “legally clean” and in line with the European Council's mandate. The text, translated into 23 languages, will be presented to the General Affairs Council on 15 October. Unless there is a last-minute political problem
- which cannot be ruled out - the two texts of the amending treaty - the Treaty on the European Union and the Treaty on the Functioning of the European Union - could be formally approved during the informal European Council in Lisbon on 18-19 October. They could be signed in December at a location still to be determined.
The Portuguese presidency of the group of legal experts keep strictly to the mandate, refusing to discuss the late requests made by a number of member states. Thus, the many claims put forward by Poland - such as the inclusion of the Ioannina compromise in the text of the treaty, an increase in the number of advocates general at the Court of Justice, and the introduction of unanimity for granting EIB loans to third countries - have all been rejected. This, it would appear, has been done without real discussion or insistence on the part of Polish experts, but does not rule out the fact that these subjects will be back on the Council table on 15 October, and even back at the informal summit in Lisbon. Other demands from other member countries have also been bluntly refused, such as that from Austria aimed at including access to universities among services of general interest (EUROPE 9498), or Bulgaria's request regarding the writing of “euro” in the Cyrillic alphabet. The request from the president of the European Central Bank, Jean-Claude Trichet, regarding amendment to the text on the status of the ECB, was also not taken into account.
On the other hand, the declaration demanded by the United Kingdom on common foreign and security policy (CFSP) appears in the text. It insists on the “specific nature” of the policy and rules out any control by the Court of Justice. Provisions in the treaty on CFSP, including the creation of the post of high representative, are not detrimental to the responsibilities of member states as they stand at present for the development and conduct of their foreign policy, or for their national representation in third countries within international organisations, the declaration points out.
It also specifies that the provisions covering CFSP do not confer any new powers on the Commission for taking decision-making initiatives or for increasing the role of the European Parliament.
Legal experts, it would seem, also agreed on the Charter of Fundamental Rights. Thus, the full text of the Charter will be published in the EU Official Journal with a reference to this publication in the Treaty. The Charter will also be solemnly proclaimed by the presidents of the three institutions (Council, Commission EP) before the Treaty is signed. British and Polish exemptions on application of the Charter on their territory will be included in the protocols. (hb)