Brussels, 11/12/2008 (Agence Europe) - At their European Council meeting chaired by French President Nicolas Sarkozy in Brussels on Thursday 11 and Friday 12 December 2008, EU heads of state appeared on Thursday to have reached agreement in the early evening on the outlines of a 'roadmap' that might lead to a solution to the Ireland's ratification process for the Lisbon Treaty being found by November 2009. A draft compromise submitted by the French Presidency was warmly welcomed but some details remain to be clarified, explained a high-ranking diplomat, adding that the final version of the deal will be submitted to European leaders for approval on Friday.
The agreement in principle foresees that Ireland will try to ratify the Lisbon Treaty before the end of this European Commission's term of office on 1 November 2009. There is no deadline mentioned in the document discussed on Thursday evening for the new treaty coming into force, but the leaders are said to be planning for its come into force on 1 January 2010. There is no specific mention of a second referendum either but Irish prime minister Brian Cowen made it clear on Thursday that he was prepared to consider holding a new referendum to approve the treaty. In return, Ireland is reported to have got the other leaders to agree to all its demands, in other words for legally binding commitments on the following:
Number of Commissioners. According to the draft French Presidency compromise deal, the European Council agrees that once the Lisbon Treaty comes into force a decision will be taken so the European Commission can continue to include a representative of every Member State. Under what is set out in the Lisbon Treaty, such a decision would have to be taken unanimously, meaning that the heads of state are promising to take this decision at the appropriate moment.
The other Irish concerns. In his speech to the summit, the Irish prime minister listed his countrymen's concerns about the Lisbon Treaty (alongside the loss of the Irish Commissioner) and the binding assurances Ireland is demanding to ensure that Ireland's demands for it to be able to continue with its traditional policy of neutrality are satisfied; to ensure the Lisbon Treaty provisions will not affect the continuation of Ireland's constitutional measures on the right to life, education and the family; on taxation, that the Lisbon Treaty shall not change the scope or implementation of the EU powers in any way. Brian Cowen called for the EU to confirm (possibly in a political statement) that it attaches great importance to social progress and the protection of workers; public services are a vital tool for social and regional cohesion; it is the Member States' responsibility to supply education and healthcare services; the vital role and wide scope of judgement of national, regional and local authorities for the supply, implementation and organisation of non-profit making services of general interest that shall not be affected by the Lisbon Treaty, including services connected with the EU's common trade policy. The agreement in principle reached by heads of state on Thursday foresees that these concerns shall be dealt with in a manner that satisfies both Ireland and the other Member States and provides the necessary legal guarantees. All this, of course, hangs on Ireland pledging to ensure the Lisbon Treaty is ratified by November 2009. It remains to be seen what legal format these guarantees will take. The option of a 'protocol' to the treaty, to be ratified when the next new Member State joins the EU, was discussed on Thursday and seems the most likely option (diplomats stress that this needs further negotiations). Working out the exact content and legal format of the guarantees will be the job of the Czech Presidency of the EU in the first half of next year. Ireland also called for the details of the guarantees to be satisfactorily settled in the first half of next year (and this is also included in the document discussed on Thursday).
Transitional measures on chairing the EU. The European Council's agreement in principle also covers the transitional measures that will apply when the Lisbon Treaty comes into force. It was agreed that if the new treaty comes into force when a six-monthly rotating presidency of the EU has already started, the government of the country in question will continue to chair all the remaining meetings of the Council of Ministers or European Councils and meetings with countries outside the EU, until the end of their six months. In parallel, the country holding the following six-monthly presidency will have responsibility for dealing with the organisational and material aspects of chairing the European Council (the stable presidency) and the Foreign Affairs Council (EU High Representative for Foreign Affairs and the Security Policy), as set out in the Lisbon Treaty. These issues will be discussed in great detail by the presidency and the elected head of the European Council and the High Representative.
Composition of European Parliament. The agreement in principle also provides for a slight increase in the number of MEPs in the next parliament. The text stipulates that, if the European elections are held under Treaty of Nice rules (which is likely to be the case), transition measures will be adopted “as quickly as possible” to increase the number of Members of the European Parliament until end of the 2009-2014 period. In concrete terms, even if the elections are held under the terms of the Nice Treaty (which caps the number of MEPs at 736), it is the cap (751 MEPs) and the way seats are allocated among member states as set out in the Lisbon Treaty that will be applied as soon as the new Treaty comes into effect. In addition, Germany, which, according to the Nice Treaty, should have 99 seats, but which was to lose three under the Lisbon Treaty, will be able to retain these three seats. The total number of MEPs will rise, then, from 736 to 754 until the end of the 2009-2014 parliament. “The aim is to make sure this amendment comes into effect, if possible, during the course of 2010,” the leaders decided. Speaking to the press on Thursday evening, EP President Hans-Gert Pöttering spoke of a “reasonable compromise”. Combining the Nice and Lisbon Treaties over the course of a single legislative period is acceptable, but “not ideal,” he said.
Appointment of the future Commission. Lastly, the agreement in principle also contains a statement in which the heads of state and government agree that the appointment procedure for the future Commission, and, in particular, for the President, is to be begun without delay following the election of the European Parliament in June 2009. (H.B./transl.fl/rt)