MEPs ring alarm bells over foreign policy

The draft text of the reform treaty agreed by legal experts last week retains many qualifications about the EU’s Common Foreign and Security Policy (CFSP) despite criticism, notably from MEPs.

The three MEPs participating in the treaty-drafting intergovernmental conference (IGC) have protested at language in Declaration 31 which accompanies the treaty and says that "provisions covering the common foreign and security policy do not give new powers to the Commission to initiate decisions nor do they increase the role of the European Parliament". This, together with statements in Declaration 30, is designed to reassure public opinion in countries such as the UK, where there is pressure to have a referendum on the reform treaty, that member states retain full control over foreign policy.

Declaration 30 states that the CFSP provisions do not affect the responsibilities of member states for the "formulation and conduct of their foreign policy" or their representation in third countries and international organisations. But the MEPs have criticised this language as "gratuitously offensive" to the Commission and the European Parliament, as well as factually wrong. They have pointed out that the Commission’s powers on CFSP will be extended as the next high representative for foreign affairs and security policy will have a double role, as Commission vice-president.

The legal experts have also been deaf to complaints from MEPs about the provisions for handling personal data for security purposes. The draft treaty text does not envisage the European Court of Justice having competence to assess whether such legal provisions comply with EU law or consulting the Parliament. German centre-right MEP Elmar Brok warned that the treaty could face difficulties getting ratified if it sets out that rules for the handling of sensitive data, such as passenger information, are decided without parliamentary and judicial scrutiny.

MEPs also want guarantees that if the new high representative is appointed before the entry into force of the treaty, expected in 2009, he or she will only have provisional approval. As the new high representative will also be a member of the Commission, the Parliament has the right to cross-examine the nominee and give its opinion on his or her suitability for the office just as the assembly does for designated commissioners.

The draft text of the reform treaty agreed by legal experts last week retains many qualifications about the EU’s Common Foreign and Security Policy (CFSP) despite criticism, notably from MEPs.

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