QCEA
Responses to the Convention on the Future of Europe
Draft
articles on external action
Part 1, Articles 29 and 30; Part 2, Title B of the draft Constitution
Treaty
QCEA
Comments: 12 May 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
1 – Title V:
Article
29 - The Union’s common foreign and security policy
This
Article, which falls under Title V: Exercise of Union Competence,
is inappropriately worded for this section of the Constitutional
Treaty. The majority of the content of the Article should be moved
into Part 2 of the Constitutional Treaty. Article 29 should simply
specify how Union competence will be exercised in these areas.
Article
29.2: With the aim of furthering the principles and objectives
of the Union’s external action (Part 2, Title B, Article
1), the European Council shall … [as Presidium
text].
It
should be stated that while the identification of specific objectives
lies with the European Council, the framework of principles and
objectives has already been laid down in Article 1 of Part 2,
Title B. The CFSP must aim to achieve these overall objectives.
Article
30 – Common security and defence policy
The
comments above also apply to this Article. Further to this, we
question the necessity of a separate Article for the common security
and defence policy: it is ‘an integral part of the common
foreign and security policy’. The inclusion and length of
this Article in Part 1 of the Treaty give the impression that
common security and defence is one of the most important policy
areas for the EU.
Article
29 should include a short section outlining how Union competence
will be exercised in the field of common security and defence.
The bulk of Article 30 should then be included in Part 2, Chapter
1, B. The following amendments would then apply to this Article
as it appears in Part 2.
Change
title: Common peace-building, security
and defence policy
1.
The common peace-building, security and defence
policy, which is an integral part of the common foreign and security
policy, shall provide the Union with an operational capability
which makes use of civilian and military means.
The Union may deploy them on tasks outside the Union to preserve
peace and strengthen international security in accordance with
the principles and under the mandate of the United
Nations Charter.
The
inclusion of ‘peace-building’ in the title of this
Article emphasises the importance of the aim of preserving peace
and preventing violent conflict (Part 2, Title B, Article 1.2c)
and puts this aim on a par with security and defence. In this
Article, and wherever the wording appears throughout the Constitutional
Treaty, civilian means should be placed in front of military means,
to reiterate that civilian tools are the primary focus of the
EU’s foreign policy. The EU must only act under the mandate
of the UN Charter, living up to its commitment to the global multilateral
rule of law.
Article
30.1 bis (new): The European Union repudiates war and rejects
it as a means of resolving international conflicts; it agrees
to the limitations of sovereignty necessary to ensure peace and
justice among nations; it promotes and favours all international
organisations directed towards the same aim.
The
EU demonstrates the success of multilateral cooperation as a means
of preventing war. The commitment to peaceful and multilateral
solutions to conflict and the rejection of war lies at the heart
of the EU, it must also lie at the heart of the EU’s foreign
policy.
Article
30.3: Member States shall make civilian
and military capabilities available to the common peace-building,
security and defence policy, to contribute to the objectives defined
by the Council. A European Peace-building, Defence and
Strategic Research Agency shall be established as set out in Part
2, Title B, Article 19.
Delete
rest of Article 30.3.
Once
again, civilian capabilities and the aim of peace-building must
be emphasised. This must be incorporated in the name and aims
of the new strategic research agency (see our comments on Part
2, Title B, Article 19 below).
For
Member States to commit to the improvement of their military capabilities
is in direct contradiction to the principles and objectives of
external action (Part 2, Title B, Article 1) and the overall values
and objectives of the Union (Articles 2 and 3). The proliferation
of arms is cited by the European Commission in a list of factors
which aggravate conflict: this applies as much to Member States
as to countries in conflict zones around the world. To include
this in the Constitutional Treaty would encourage global arms
proliferation: the EU must instead foster multilateral agreements
on disarmament and non-proliferation.
Article
X (Solidarity Clause)
The
scope of this article is far too narrowly defined: terrorism is
not the only problem facing the EU. If it cannot be broadened
it should be taken out altogether.
Part
2, Title B – The Union’s External Action
Article
1 – Principles and Objectives
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 coherence between the difference aspects of external
policy.
Article
1.1: 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
1.2c: preserve and actively support
peace, prevent conflict… [as Presidium text].
Article
1.2c bis [new]: promote global disarmament;
Article
1.2d: 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
1.2e: 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
1.2 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 1.2, 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
1.3: 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 1. 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
2
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
2.1: With the aim of furthering the principles
and objectives…[as Presidium text].
Here,
and throughout Part 2, Title B, the wording related to the principles
and objectives of external action must be made much stronger.
Chapter
1: Common Foreign and Security Policy
A.
Common Foreign Policy
Article
3
Those
parts of Part 1, Article 30 which do not describe how the Union’s
competence will be exercised should be incorporated into this
Article.
Article
3.1: With the aim of furthering the principles and objectives…[as
Presidium text].
B.
The common peace-building, security and defence policy
Article
17 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
19
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
19.1: 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
1, 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
2: Common Commercial Policy
Article
23: The common commercial policy shall aim at furthering the principles
and objectives of the Union’s external action, as set out
in Article 1 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 principle and objectives
stands out in Article 23 (there is a reference in Article 24.1,
but this is neither strong nor prominent enough). It is crucial
that the aims of sustainable development and the eradication of
poverty in particular, are integrated into the common commercial
policy.
Chapter
3: Development Co-operation, Co-operation with Third Countries and
Humanitarian Aid
I.
Development Co-operation
Article
25: 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 25.2 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
30.5 (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 17 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.
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