[Previous posts on The Lisbon Treaty can be located here.]

Thanks be to feck I never have to read any more jargon about the fecking Union Policy and Internal market.. This time, thankfully, we turn to External Action by the Union (Part Five of the TFEU).

Although, Lisbon’s amendments inserts a whole great big part into the extisting Treaties entitled “External Action by the Union”, comprising seven sections with several sub-headings, so I’m beginning to doubt the appeal of this new topic. Regardless, the struggle continues..!

We shall be mostly concerned with:

• General Provisions on the Union’s External Action
• Common Commercial Policy
• Co-operation with Third Countries and Humanitarian Aid
• Restrictive Measures
• International Agreements
• The Union’s Relations with International Organisations and Third Countries and Union Delegations
• Solidarity Clause

Let us begin:

general provisions on the union’s external action

The guiding principles of the EU’s action on the international scene shall be guided by the provisions of the Treaty on European Union, Title V, Chapter I. (More of which, later.)

These provisions include:

Article 21

1. The Union’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations and international law.

common commercial policy

First article in this section states:

By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and of foreign direct investment, and the lowering of customs and other barriers.

The next article states that this policy will be based on uniform principles. The areas involved include tariffs and trade agreements, the commercial aspects of intellectual property, foreign direct investment, liberalisation measures and export policy.

The European Parliament and Council shall jointly adopt regulations to define a framework for implementation of the common commercial policy.

The Commission can recommend opening negotiations concerning international agreements, but authorisation comes from the Council (our government representatives in the EU). The Commission conducts such negotiations with the assistance of a committee appointed by the Council. In conducting such negotiations, the Commission must report regularly to this committee and to the European Parliament.

Generally, the Council acts by qualified majority voting in relation to the negotiating and conclusion of such international agreements. The exceptions are in the fields of: trade in services; the commercial aspects of intellectual property; direct foreign investment; trade in cultural and audiovisual services, if the EU’s cultural and linguistic diversity would be at risk or being prejudiced; and trade in social, education and health services, if there is a risk of “seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them”. In each of these listed fields, the Council must act unanimously.

A final stipulation in this article clarifies that the exercises of the above-mentioned competences “shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States”.

co-operation with third countries and humanitarian aid

The first sub-heading in this chapter is “Development Cooperation.” Under Article 208, the same general principles apply to this area, and the EU’s “development cooperation policy and that of the Member States complement and reinforce each other”.

The primary objective of this policy is “the reduction and, in the long term, the eradication of poverty”. An existing provision is included which states, “The Union and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations.”

The next article deals with implementing this development co-operation policy, which shall be done by the European Parliament and the Council jointly adopting necessary measures. The EU “may conclude with third countries and competent international organisations any agreement” helping to achieve specific objectives contained in the Treaties (Article 21 of the TEU and Article 208 of the TFEU). This does not prejudice member states of the EU negotiating with international bodies and concluding agreements.

The remaining articles in this section are existing provisions of the EU Treaties, which are inserted here.

Next sub-heading: “Economic, Financial and Technical Cooperation with Third Countries”. The first article here already exists, although Lisbon replaces its first two paragraphs: Without prejudice to other parts of the Treaties, the EU may now carry out such co-operation with third countries “other than developing countries”. Implementation shall be by the European Parliament and the Council jointly adopting necessary measures.

The second and last article under this heading, Article 213, is inserted by Lisbon and states that, “When the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.”

The next sub-heading, “Humanitarian Aid”, comprises a new article inserted by the Lisbon Treaty. It sets out the principles and objectives of the EU in the field of humanitarian aid. Such operations “shall be intended to provide ad hoc assistance and relief and protection for people in third countries who are victims of man-made disasters”.

Operations shall be conducted in accordance with international law, and with the principles of impartiality, neutrality and non-discrimination. The European Parliament and the Council shall jointly establish measures to define the framework for implementation.

The EU may conclude international agreements to help achieve the objectives of this article and Article 21 of the TEU. Again, member states’ competence to negotiate and conclude their own international agreements is not prejudiced.

A European Voluntary Humanitarian Aid Corps shall be set up, to encourage contributions from young Europeans. The rules and procedures of the Corps shall be set out by regulations adopted jointly by the European Parliament and the Council.

Initiatives to promote co-ordinations may be taken by the Commission, to enhance efficiency and complimentarity of EU and national humanitarian measures.

EU humanitarian aid operations must be consistent with those of international bodies, in particular those of the United Nations.

restrictive measures

The sole article in this section is an existing article of the Treaties, which sets out the conditions where the EU may interrupt or reduce, in part or completely, economic and financial relations with one or more third countries.

international agreements

A new article is inserted by Lisbon into this section, and allows the EU to conclude international agreements, as permitted by the Treaties. Agreements concluded by the EU are binding upon the EU institutions and on the member states.

The second and last article is an existing one of the Treaties, which states, “The Union may conclude with one or more third countries or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedure.” Whatever that means.

Oh I see: reading on, the next two articles are also existing provisions of the EU Treaties. One change, however, is to insert a new paragraph allowing the Council under certain conditions to conclude formal agreements on an exchange-rate system for the euro in relation to the currencies of third States.

the union’s relations with international organisations and third countries and union delegations

Second-last section in this part (yay!): The first article is an existing article, and a new article is added in by Lisbon to allow EU delegations to represent the EU at international organisations and in third countries. Those delegations are under the authority of the newly-created High Representative of the Union for Foreign Affairs and Security Policy, and they “shall act in close cooperation with Member States’ diplomatic and consular missions”.

Done!

solidarity clause

This provides the requirement of the EU and its member states to “act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster”. Let’s call this group of calamities “a TNM”.

In addition:

The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States to:

(a) – prevent the terrorist threat in the territory of the Member States;
- protect democratic institutions and the civilian population from any terrorist attack;
- assist a Member State in its territory, at the request of the political authorities, in the event of a terrorist attack;

(b) assist a Member State in its territory, at the request of the political authorities, in the event of a natural or man-made disaster

If a member state experiences a TNM, the other member states of the EU shall assist it at the request of the political authorities, and co-ordination shall take place through meetings of the Council (where national government representatives meet).

The arrangements for the implementation of the solidarity clause are set out, and the European Council (the heads of state of each EU nation) “shall regularly assess the threats facing the Union” to facilitate effective action.

Finito like a burrito!

Next up, Part Six: The Institutions and Financial Provisions.

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