| QCEA
Responses to the Convention on the Future of Europe
Draft articles on external action in the Constitutional
Treaty
Responding to Draft 21
QCEA
Comments: 02 June 2003
- Peace-building
and civilian intervention should be at the heart of the EU’s
common foreign and security policy. In the draft articles disproportionate
emphasis is given to military defence and capabilities.
- When
the internal action of the EU impacts on third countries, it must
be coherent with and aim towards achieving the principles and
objectives of external action. Equally, there must be coherence
between the different areas of external action.
- Partnership
should be introduced as a fundamental principle of ALL external
action.
Detailed
comments and suggested amendments:
Part
III, Title V – The Union’s External Action
Article
III-188 – Provisions Having General Application
We
welcome this Article as a positive statement of principles and
objectives for external action. It is crucial that these principles
and objectives are at the heart of all EU policy, including internal
policy when it has an impact on third countries. There must be
stronger emphasis on peace and disarmament, however.
Article
188.1: The Union’s action on the international
scene shall be guided by, and designed to advance in the wider
world, the principles which have inspired its own creation, development
and enlargement: peace, democracy,… [as
Presidium text] … respect for human dignity, equality, social
justice and solidarity, [as Presidium text].
Article
188.2c: Preserve and actively support peace,
prevent conflict… [as Presidium text].
Article
188.2c bis [new]: promote global disarmament;
Article
188.2d: foster global sustainable economic,
environmental and social development [delete
‘of developing countries’] with the primary
aim of eradicating poverty [delete ‘particularly
in low-income countries];
The
concept of sustainable development is universally understood to
have three pillars, economic, environmental and social. It is
an objective for all countries in the world, not simply the poorest.
Article
188.2e: encourage the integration of all countries
into the world economy [delete ‘including through
the progressive abolition of restrictions on international trade];
The
abolition of restrictions on international trade is not an objective,
but a means of achieving an objective. It is thus inappropriate
in this context: if a better means were found it would not be
helpful to have this policy instrument set in stone in this way.
Article
188.2 bis (new): The Union’s external action shall be based
on the principle of partnership exercised on the fundamental principles
of equality of the partners; ownership of the strategies by the
countries and populations concerned; and participation in order
to encourage integration of all sections in society, including
civil society organizations.
In
all external action the EU should work in equal partnership with
the third countries, international bodies or organisations concerned.
In striving to achieve the objectives listed in Article 188.2,
the EU must listen to and work with its partners to find the most
effective and appropriate ways to act. In particular, the participation
of civil society must be encouraged as a means to a more democratic
system of global governance.
Article
188.3
We
welcome the expansion of this article but still see the need for
a different emphasis in the second part of this and therefore
propose the following wording for the second part of this article
the following:
The
Union shall ensure coherence between the different
areas of its external action and between external action
and internal action which impacts on third countries.
It shall [delete ‘also’] strive to
achieve the principles and objectives listed above in the development
and implementation of external aspects of all
Union policies.
The
principle of coherence is vital to the achievement of the objectives
listed in Article 188. In particular there is a need for recognition
of the external impact of internal policies and thus the need
to be aware of and promote the objectives of external action in
all EU policies.
Article
189
This
Article, which brings together policies which previously fell
under different pillars of the EU system, must make it clear that
there are areas of external action which are governed by the community
method. The Article as it stands describes a primarily intergovernmental
system, giving much more power to the European Council and the
Minister for Foreign Affairs. The role of the European Parliament
must be described here.
Article
189.1: With the aim of furthering the principles
and objectives…[as Presidium text].
Here,
and throughout Part III, Title V, the wording
related to the principles and objectives of external action must
be made much stronger.
Article
189.2: The previous version of this article (ex Article
2) referred to qualified majority voting. We are concerned that
this has been left out in this draft, as it is important to ensure
that progress can be made on such issues.
Chapter
II: Common Foreign and Security Policy
A.
Common Foreign Policy
Article
190.1: With the aim of furthering the principles
and objectives…[as Presidium text].
B.
The common peace-building, security and defence policy
Article
205 bis [new]: In order to establish a framework for joint contributions
from European NGOs to the civilian peace-keeping, peace-building
and humanitarian actions of the Union, a European Civil Peace
Corps shall be set up. The European Parliament and the Council,
in compliance with the legislative procedure, shall adopt a European
law determining the rules and operations of the Corps.
The
establishment of a European Civil Peace Corps would strengthen
the EU’s civilian capabilities for peace-keeping and peace-building.
The European Parliament adopted a recommendation on the establishment
of a European Civil Peace Corps on 10/02/99, based on Report A4-0047/1999.
Article
207
Any
European strategic research agency must focus on both civilian
and military capabilities: the achievement of the objective of
preserving peace and preventing violent conflict requires commitment
to research into civilian instruments and mechanisms for non-violent
conflict prevention. Research into civilian instruments must be
given equal, if not greater, resources than military research,
particularly as this is a sector which has not received adequate
funding in the past. The overall aims must be the achievement
of the general objectives of external action, taking into account,
for example, the environmental impact of military equipment and
technology.
Article
207.1: The European Peace-building, Defence
and Strategic Research Agency shall have as its task to:
-
contribute to identifying the Member States’ civilian
and military capability objectives with the aim
of achieving the objectives of external action set out in Article
188, and evaluating…[as Presidium text];
-
promote harmonization …[as Presidium text];
-
propose multilateral projects to fulfil the objectives in
terms of civilian and military capabilities,
with a view, in particular to conflict prevention and peace-keeping
operations, …[as Presidium text];
-
support peace-building and defence technology
research,… [as Presidium text];
-
contribute to identifying and, if necessary, implementing
any useful measure for strengthening the industrial and technological
base of the peace-building and defence sectors
and for improving the effectiveness of civilian and military
peace-building and defence related expenditure.
Chapter
III: Common Commercial Policy
Article
211: The common commercial policy shall aim at furthering the
principles and objectives of the Union’s external action,
as set out in Article 188 of this Title. By establishing
a customs union between themselves Member States aim to contribute,
in the common interest, to the harmonious development of world
trade [delete rest of Article].
The
overall objectives of external action must be emphasised at the
very beginning of this Chapter, as is the case in the Articles
introducing the CFSP, Development Co-operation and Humanitarian
Aid. In the current draft the absence of these principles and
objectives stands out in Article 211. It is crucial that the aims
of sustainable development and the eradication of poverty in particular,
are integrated into the common commercial policy.
Chapter
IV: Development Co-operation, Co-operation with Third Countries
and Humanitarian Aid
I.
Development Co-operation
Article
213: 1. Union policy in the sphere of development co-operation
shall aim to further the principles and objectives
of the Union’s external action as set out in [Article 1]
of this Title, in particular with a view to achieving
sustainable development and the eradication of poverty.
The Union’s development co-operation policy and that of
the Member States complement and reinforce each other.
2.
The Union and the Member State shall comply with the commitments
and contribute to the objectives they have approved
in the context of the United Nations and other competent international
organisations.
Again,
the suggested wording strengthens the role of the principles and
objectives. As in other Articles introducing different aspects
of external action, the specific objectives of development co-operation
should be set out clearly. In 213.2 it must be specified that
the EU and Member States are committed not only to take account
of, but actively to work towards international objectives.
III.
Humanitarian Aid
Article
218.5 (European Voluntary Humanitarian Aid Corps)
We
welcome the idea of creating this corps. We feel there is also
a role for a European Civil Peace Corps, as suggested
for inclusion in Article 205 above. Thought should be given to
ways to make the work and structure of these two bodies complementary.
Humanitarian aid and peace building are inter-linked areas: there
is a need for coherence and consistency in the EU’s strategy.
Return
to top of page
Further
Information on The Future of Europe
|