Brussels, 23/01/2008 (Agence Europe) - The Committee of Permanent Representative of the Member States (Coreper) will conduct a technical and legal examination over the next few days of the decisions which need to be taken in the course of this year, with a view to preparing the technical implementation of the Lisbon Treaty from 1 January 2009 (this date remains the official deadline for the application of the new treaty even though an increasing number of voices are stressing the potential advantages of a simultaneous entry into power of the treaty, the new European Commission and the new European Parliament in autumn 2009). A working note from the Slovenian presidency of the EU on the “preparatory work for the entry into force of the Lisbon Treaty”, which has been distributed to Coreper, explains that work will commence before the end of January, in “close consultation” with the upcoming French and Czech presidencies of the EU and involving all the member states. The Slovenian presidency also intends to involve the heads of state and government in this important work, as it believes that only the leaders themselves can give the presidency the “horizontal view” needed to complete the task (EUROPE 9553). A first progress report could be presented as soon as the March European Council. The Slovenian presidency finds itself in a somewhat uncomfortable position. On one hand, time is short and the importance of the decisions to be made will demand intense political negotiations. On the other hand, the member states demand a maximum degree of discretion in order to avoid interference with national treaty ratifications. “The presidency is aware of the need to avoid above all giving the impression that the ratification of the treaty has already been accomplished”, a diplomat explained.
Coreper's work will be guided by the Council secretariat, which has drawn up a list of 33 subjects which will need to be dealt with in the coming months in order to enable the Lisbon Treaty to be applied correctly and the new institutional structures to function properly. This should be possible from the moment when it enters into force, or as soon as possible afterwards. Almost all of the decisions required to plug the gaps left by the negotiators of the new treaty can only be taken formally after its entry into force (see below). However, in order to avoid glitches after 1 January next year all these decisions will need to be technically ready at the end of this year. One of them is already cleared for adoption in 2009: the composition of the EP following the next European elections. The political agreement of October 2007 need only be formalised by a unanimous decision of the European Council following the entry into force of the treaty. The Slovenian and French presidencies will for the time being avoid another controversial issue: the composition of the European Commission from November 2014, when the number of commissioners will be capped at 2/3 of the number of member countries and there will be an egalitarian rotation of nationalities. This issue is not urgent and will therefore not be dealt with in 2008, the Council secretariat and Slovenian presidency say.
Among the 33 decisions for preparation by the end of the year (according to the Slovenian presidency list) are: - the establishment of the European External Action Service: preparatory work has been underway since the treaty was signed, but the formal Council decision (by unanimity after consultation with the EP and approval from the Commission) will wait until after the treaty enters into force; - the nomination of the future President of the European Council. A political agreement should be made by of the end of the year, but the formal decision will not be taken by the European Council (by qualified majority) until after the treaty enters into force; the same applies to the “employment conditions” of the future president, which are not specified in the treaty; this decision will also be taken by the Council by qualified majority; - the nomination of the EU High Representative (HR) for foreign affairs and security policy; the situation is the same as for the President of the Council: a political agreement on the candidate should be found by the end of the year, but the formal decision will not be taken by the European Council (by qualified majority) until after the treaty enters into force; that decision will only apply to the period from 1 January 2009 to 31 October 2009; for the five-year mandate from 1 November 2009 (entry into force of the new Commission, of which the HR will also be Vice President) it will be the normal procedure as laid down in the treaty for the approval of all Commission members which will apply; - the adoption of the procedures and conditions needed to enable the entry into force of the “citizens' initiative” as soon as possible after the entry into force of the treaty; - structured cooperation on defence; the Council will decide by qualified majority, after consultation with the HR, within 3 months after the notification of the member states which want to participate; these notifications could come as soon as the treaty enters into force; - the increase in the number of advocates-general at the Court of Justice: there is a political agreement on this issue, but the Council's decision (by unanimity, based on nominations from the Court) cannot be taken until the treaty enters into force. (H.B.)