Written - The European Reform Treaty

The Brussels European Council (21-23 June) provided a new mandate for drawing up a European Treaty in the light of the rejection of the previous Constitutional Treaty at referenda in France in the Netherlands.  This statement draws attention to some of the features of the new Treaty and in particular specific aspects that have formed the basis of the Welsh Assembly Government’s contribution to the debate.  

The concept of a Constitutional Treaty has been abandoned.  The new text will be known as the Reform Treaty.  It will be an amending Treaty like similar documents dating back to the Treaty of Rome.  The new Treaty will drop references to the EU symbols such as the flag, anthem and motto.  The term Foreign Minister will not be used.  

The United Kingdom negotiated an opt-out from the legal affects of the Charter of Fundamental Rights and an opt-in on the extension of cooperation in police and criminal matters.  A procedure is adopted to allow Member States to apply a brake mechanism on proposals that would affect their social security systems.        

The Council of Ministers’ double majority voting system, as agreed at the IGC of 2004, was a topic of extended debate in Brussels.  The system will change the current QMV arrangements where each Member State is awarded a number of agreed weighted votes.  In future, a majority will be constituted when 55% of Member States representing 65% of EU population agree to a proposal.  This system will be introduced in 2014, with a further partial delay until 2017.  

The Welsh Assembly Government has lobbied intensely and consistently for practical effect to be given to subsidiarity principles.  The subsidiarity monitoring mechanism has actually been strengthened by the Brussels Council.  The period given to national parliaments to examine draft legislative proposals will be extended from 6 to 8 weeks (we expect the UK Parliament to refer proposals that involve devolved responsibilities onwards to the  Devolved Administrations and to take their views into account).  If a simple majority of the votes allocated to national parliaments contests a proposal on subsidiarity grounds, the Commission must withdraw it and reconsider against a specified procedure.  

From the outset I have made Wales’ position in Europe one of my high priorities.  The Welsh Assembly Government has engaged actively with the process leading up to the current Reform Treaty for 6 years.  A good part of what we contributed to the Convention on the Future of Europe in 2002 became a substantive part of the Constitutional Treaty.  A negotiation among 27 Member States must inevitably produce compromises but, so far as “regional” considerations are concerned, I believe the mandate outlined for the Reform Treaty is very positive.

The next steps will be led by Portugal, who took over the EU Presidency from 1 July.  An Inter Government Conference will open on 23 July.  Officials will work through the summer to produce a revised Reform Treaty text reflecting the mandate agreed at the Brussels Council.  Member States will aim to sign the text this year with a view to ratification during 2008 and implementation during 2009.  I hope that we will have a fully revised Treaty text available by the autumn and I will report back to the Assembly with my views on its final form.