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Europaudvalget 2000-01
EUU Alm.del Bilag 111
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Europaudvalget

(Alm. del - bilag 111)

traktatændringer

(Offentligt)

Medlemmerne af Folketingets

Europaudvalg og deres stedfortrædere

Bilag Journalnummer Kontor

1 400.C.2-0 EU-sekr. 25. oktober 2000

Til underretning for Folketingets Europaudvalg vedlægges i forbin-delse med regeringskonferencen et memorandum fra

Benelux-landene, CONFER 4787/00.

Fransk version er oversendt til Folketingets Europaudvalg den 4. oktober 2000.

CONFERENCE

OF THE REPRESENTATIVES OF THE

GOVERNMENTS

OF THE MEMBER STATES Brussels, 19 October 2000

CONFER 4787/00

LIMITE

INFORMATION NOTE

Subject: IGC 2000: Memorandum from the Benelux

Delegations will find attached a memorandum from the Benelux with regard to the Intergovernmental Conference and

the future of the Europe-an Union.

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________________________

ANNEX

Benelux memorandum on the IGC and the future of the European Un-ion

Maintaining the momentum of European integration

1. The Benelux countries are of the opinion that the Union should con-tinue to cherish its far-reaching ambitions,

guarantee that its institu-tions work in an efficient, transparent and democratic manner, and create the conditions for the

forthcoming enlargement rounds. They recall their memorandum of December 1999, which expresses the view that the

IGC should not confine itself to the "leftovers" from the Amsterdam summit (the size and composition of the

Commission, the weighting of votes in t he Council and the extension of qualified ma-jority voting) and a number of

related subjects. The Benelux countries are also pleased that the European Council at Santa Maria da Feira placed closer

cooperation on the IGC{{PU2}}s agenda. This will make it pos-sible to achieve impressive results in Nice, and thus help

to create fa-vourable conditions for enlargement.

2. Negotiations must now be pushed forward. The time remaining is short. The Benelux countries will support the

French Presidency in its efforts to achieve a good outcome. This document represents a further Benelux contribution to

these efforts.

3. The radical changes which Europe is undergoing are becoming in-creasingly visible. Reform is called for because of

the forthcoming enlargement of the European Union. This enlargement is of immense importance to the entire continent

of Europe. The opportunity to safe-guard peace, prosperity, stability and the values of our community must be seized.

The accession of so many new member states will af-fect decision-making in the EU. The IGC must therefore take meas-

ures, before enlargement takes place, to preserve effectiveness, de-mocracy, transparency and unity in the European

Union of the future.

4. The prospect of an enlarged, more diverse Union has prompted a de-bate on the future of the EU. In addition to their

contribution to the IGC, which has absolute priority, the Benelux countries wish to lay out the broad outlines of their

position on reform of the EU in the me-dium term. The various visions that have been put forward have in common the

view that enlargement must be accompanied by further integration and cooperation between the member states. The

Benelux countries have a high regard for the constructive ideas put forward in this connection and will continue to make

an active contribution to this process. Wide-ranging reflection encourages dialogue on the na-ture and the objectives of

European integration.

5. The Benelux countries would emphasise that a wide-ranging debate on the future must not distract attention from the

steps that must be taken in the short term. No changes may be made to the agreed sequence of and the logical

connections between the activities on the European agenda. In the opinion of the Benelux countries, the timetable should

be as follows:

? the current IGC should be brought to a successful conclusion in Nice, so that the way to enlargement is definitively

open, in accordance with the conclusions of the Helsinki European Council. The Benelux coun-tries are of the opinion

that this should be stated explicitly in the con-clusions of the Nice European Council;

? the negotiations with the applicant states should be stepped up so that the first conventions on accession can be signed

as soon as possible;

? after Nice, further shape can be given to the constitutional order of the EU. That debate may produce ideas that are

worth considering and which can lead to other, more far-reaching reforms in due course. A wider debate of this kind, in

which the applicant states should be in-volved, must not form an obstacle to enlargement;

? the Benelux countries propose that the heads of state and government should issue an indicative statement on the

political future of the European Union at the end of next year. The debate thus prompted could produce results in the

period following the ratification of the Nice Treaty.

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Strengthening the Community method

1. The Benelux countries would underscore the importance of examining what further reforms can be implemented. In

this connection they are not advocating a new blueprint, but opting for an evolutionary ap-proach based on two

principles:

? the existing institutions will form the basis for new reforms;

? the Community method must form the main route to European inte-gration.

1. The Benelux countries take the view that the Union should be re-formed on the basis of its existing institutions and

struc-tures. In an enlarged Union, strong European institutions will be even more important than before when it comes to

ensuring efficient, democratic, transparent decision-making. The EU is a legal commu-nity. Decisions are initiated by the

Commission and are taken by the Council, wherever possible by qualified majority vote, and by the European

Parliament. Responsibility for scrutiny and oversight is pri-marily vested in the Commission and the Court of Justice.

The Bene-lux countries would recall that the success of European integration is partly due to balanced, productive

cooperation between the institu-tions, notably between the European Parliament, the Council and the Commission. There

is room for improvement in particular in the Un-ion{{PU2}}s external representation. The Council and the Commission

will probably vie with each other for dominance in external relations, and ill weaken the Union as a whole. The Benelux

countries believe that the position of the High Representative should be reviewed in due course; he should attend

meetings of both the Council and the Com-mission. In a larger Union, the Commission{{PU2}}s role in initiating and

moving forward the decision-making process should be strengthened, while preserving its legitimacy. With its focus on

the Union{{PU2}}s interests alone, the Commission must continue to propel decision-making for-ward in what will be a

lar th divergent interests. This will call for greater drive and resilience on the part of the Commission.

To increase the Commission{{PU2}}s democratic legitimacy, the Benelux countries feel that one question that should

be asked is whether, in time, the Commission{{PU2}}s President should be elected.

2. The unique Community method which has made European integration such a success must continue to be the

hallmark of the European Un-ion of the future. It is characteristic of this method that integration progresses step by step,

in response to concrete issues and taking ac-count of the scope available. Now, when the Union is facing up to major

challenges and reforms, is the time to build wherever possible on the Community method. That is not to say that there is

no room within the Union for other forms of cooperation or for new methods of integration such as those developed at

the Lisbon European Council. The Benelux countries take the view that these forms of cooperation may be desirable in

the future for assessing new fields of policy and tackling particular problems. The Benelux countries feel that in time

ways should be sought of communitising the existing intergovern-mental cooperation.

3. With due regard for these principles and for the maintenance of the EU{{PU2}}s institutional equilibrium, the

Benelux countries are open to re-forms that will strengthen the EU{{PU2}}s constitutional order. The common factor in

these reforms is that they will improve the functioning of the Union as a whole vis-à-vis the people of Europe and the

member states. The reforms could include:

? embedding the Charter of Fundamental Rights in the Treaty;

? reforming the structure of the Treaties;

? defining with greater precision the division of competencies between the Union and the member states, taking account

of regional identities and diversity;

? strengthening external action by the Union.

These reforms could make a significant contribution to a process of constitutional restructuring which could provide a

basis for the devel-opment of a European constitution.

Concluding the IGC in Nice

1. The Benelux countries want to make one point absolutely clear: the current IGC on institutional reform must be

concluded this year. The successful conclusion of the IGC is a sine qua non for enlargement.

2. The Benelux countries hope for substantial results from the IGC. Agreement must therefore be reached in Nice on the

main points of the IGC agenda, viz.:

? the extension of decision-making by qualified majority vote;

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? the size and composition of the Commission;

? the weighting of votes in the Council;

? the relaxation of the conditions for closer cooperation.

Agenda items arising from Amsterdam

Extension of QMV decision-making

1. The Benelux countries are of the opinion that in the future the Council should decide by qualified majority vote in any

event on the follow-ing:

? free movement of persons (asylum and migration);

? environmental policy;

? common trade policy;

? social policy, taking account of the different national systems.

The European Parliament should have the right of co-decision in leg-islative decisions taken by the Council on the basis

of qualified ma-jority.

Size and composition of the Commission

1. The Benelux countries believe that each member state should be rep-resented on the Commission by one its nationals.

The member states must continue to take part in the appointment procedure on an equal footing. The equality of the

members of the Commission cannot be open to question, and there can be no question of introducing a hierar-chy.

However, the position of the President should be significantly strengthened. He/she should have more flexibility when it

comes to assigning activities. The Commiss ioners{{PU2}} individual and collective re-sponsibility should be regulated

more clearly in the Treaty. This will also help to clarify the Commission{{PU2}}s position vis-à-vis the Parlia-ment.

Weighting of votes in the Council

2. The member states{{PU2}} votes in the Council should be re-weighted to take account of relative population size,

with comparable solutions being applied in comparable situations. The Benelux countries would em-phasise that the

general balance between large and small member states should be preserved after enlargement. The new weighting could

be achieved by re-weighting existing votes or by introducing a double majority.

Relaxing the conditions for closer cooperation

3. The Benelux countries are in favour of relaxing the conditions for en-tering into closer cooperation. It must no longer

be possible for a member state to veto closer cooperation. The minimum number of member states that can enter into

closer cooperation should be eight. The Benelux countries believe that closer cooperation should be open at all times to

participation by member states that were initially unable or unwilling to take part.

Closer cooperation must not be allowed to lead to the creation of sepa-rate bodies alongside the EU institutions. The

Benelux countries are willing to consider incorporating closer cooperation in the second pil-lar, for implementing the

CFSP.

4. The Benelux countries would emphasise that relaxing the conditions for closer cooperation will provide an excellent

guarantee for Euro-pean integration. After enlargement, the Union will encompass an even richer variety of countries

than it does today. To cope with such diversity while continuing to cherish far-reaching ambitions, the EU must further

develop the closer cooperation mechanism, which en-ables member states that are able and willing to do so to cooperate

more closely in a particular polic y field. Closer cooperation is thus an indispensable means of maintaining the dynamic

of European integra-tion. If it is not regulated now, there is a risk that member states will seek forms of flexible

cooperation outside the framework of the Treaty. Our political conclusion is that closer cooperation must be given

substance within the European Union.

5. Despite plans to relax the conditions for closer cooperation, the safe-guards against the misuse of this option must

remain in place. Closer cooperation should continue to be an instrument that serves to further the integration of all the

member states. In other words, closer coop-eration is not intended to extend the powers of the Community or to make

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changes to the institutional framework. Indeed, the role of the Commission should be strengthened where possible.

Closer coopera-tion should not always involve the same member states and non-participants should always be able to

join in at some later stage. The Benelux countries would stress that closer cooperation must remain open, and that

guarantees for this openness must remain in place.

The IGC and related subjects

6. In addition to the issues discussed above, the IGC agenda contains a large number of other points that are highly

relevant to the functioning of the Union and its further development:

? the allocation of seats in the European Parliament;

? the Court of Justice and the Court of First Instance;

? the European Court of Auditors;

? the advisory bodies;

? amendments to article 7 EU;

? the European Security and Defence Policy.

? The number of seats per member state in the European Parliament should be reduced proportionately, to allow

representatives of the new member states to take their seats after enlargement without the EP{{PU2}}s upper limit of

700 seats being exceeded. Each member state should have a certain minimum number of seats. The number of MEPs

elected in each member state should guarantee that the peoples of the states united in the Community are represented in

an appropriate man-ner.

? The Court of Justice{{PU2}}s workload should be reduced by an array of measures. Many of its tasks could be

transferred to the Court of First Instance, provided the latter{{PU2}}s capacity is increased. Such a review must furnish

guarantees for the unity of the European legal system.

? The position of the European Court of Auditors must be strengthened, in the interests of ensuring proper scrutiny of the

movement of funds within the EU. Full cooperation between the European Court of Auditors and the national audit

institutions in the member states is es-sential in this connection.

? In view of the greater diversity of the EU after enlargement, the Committee of the Regions and the Economic and

Social Committee will need sound advice. Consideration may be given to strengthening the position of these Committees

where appropriate.

? In the light of the Three Wise Men{{PU2}}s report on Austria, it would be advisable to incorporate an early warning

mechanism for potential human rights violations into article 7 of the TEU.

? The development of the European Security and Defence Policy must be anchored in the Treaty, in such a way as to

provide a clear frame-work for EU decision-making in relation to its crisis management tasks, the role of the new

committees in this connection and effective coordination with NATO.

1. The debate on the future of the European Union will be an interesting one. It must result in action, and not in words

alone. After all, the im-mediate future of the EU will be shaped over the next few months. The Benelux countries stress

that the current IGC must be concluded at the appointed time, on the basis of a sound package of reforms. The aim of

this memorandum is to make a substantial contribution to that process.

The Hague, 29 September 2000

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