Formandskabets rapport vedr. traktatreformprocessen

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COUNCIL OF
THE EUROPEAN UNION
Brussels, 14 June 2007
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POLGEN 67
REPORT
from : Presidency
to : Council/European Council
Subject : Pursuing the treaty reform process
Delegations will find attached a report from the Presidency on pursuing the treaty reform process,
as requested by the European Council at its meeting in June 2006.
________________________
Europaudvalget 2007
Det Europæiske Råd 21-22/6-07 Bilag 5
Offentligt
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ANNEX
REPORT FROM THE PRESIDENCY TO THE EUROPEAN COUNCIL
PURSUING THE TREATY REFORM PROCESS
Introduction
This report from the German Presidency is a response to the mandate which it was given by the
European Council at its meeting in June 2006. As requested at the time, the Presidency, in the light
of very extensive consultations held over the last six months, provides an assessment of the state of
discussion with regard to the treaty reform process and explores possible ways forward.
After two years of uncertainty following the problems encountered in the process of ratification of
the Constitutional Treaty, it is clear that there is now a general desire to settle this issue and move
on. All Member States recognise that further uncertainty about the treaty reform process would
jeopardise the Union's ability to deliver.
Settling this issue quickly is therefore a priority. This was agreed when Heads of State or
Government, together with the President of the European Parliament and the President of the
Commission, met in Berlin on 25 March to celebrate the fiftieth anniversary of the signature of the
Treaties of Rome. All were united in the aim of placing the European Union on a renewed common
basis before the European Parliament elections in 2009.
The way forward clearly needs to take into account the concerns expressed by citizens during the
ratification process on the future direction of the European Union and the effects of globalisation on
its core values and policies. At the same time, there is a very strong demand for the Union to
increase its efficiency, to enhance its democratic functioning and to improve the coherence of its
external action.
Overall Assessment
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In line with the mandate given to it in June 2006, the Presidency has conducted extensive bilateral
consultations with the Member States as well as the European Parliament and the European
Commission, both at the level of designated "focal points", and between the President of the
European Council and her opposite numbers. In addition to these bilateral contacts, the Presidency
organised a meeting of "focal points" in Berlin on 15 May, and a further meeting is due to take
place on 19 June. Foreign Ministers have also had the opportunity to take stock of developments at
meetings of the General Affairs and External Relations Council.
These consultations have proved very useful in giving the Presidency a clear idea of the various
concerns of individual Member States.
The issues raised during the consultations can be grouped around a number of themes:
A different approach on structure
A certain number of Member States underlined the importance of avoiding the impression which
might be given by the symbolism and the title "Constitution" that the nature of the Union is
undergoing radical change. For them this also implies a return to the traditional method of treaty
change through an amending treaty, as well a number of changes of terminology, not least the
dropping of the title "Constitution".
Such an approach is not incompatible with the demand from those Member States which have
already ratified that as much of the substance of the Constitutional Treaty as possible should be
preserved. They are ready to consider the alternative method of treaty change if it helps to reach a
result acceptable to everyone and thus to overcome the present stalemate. They have made it very
clear however that this would represent a major concession. They insist on the need to preserve the
substance of the innovations agreed upon in the 2004 IGC and to ensure as far as possible the
readability and simplicity of the new Treaty.
Reinforcing the capacity of the Union to act, whilst preserving the identity of Member States
It is generally recognised that a strengthening of the institutions will help reinforce the capacity of
the Union to act, and that the Union therefore has every interest in ensuring that the current Treaties
are adapted in order to introduce the set of institutional reforms agreed in the 2004 IGC.
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At the same time, there is concern to underline the respect for the identity of the Member States and
to introduce greater clarity over the delimitation and definition of the competences of the Union and
of the Member States. Furthermore, there is a clear demand from some delegations to further
enhance the role of national parliaments.
Some delegations have requested that the text of the Charter of Fundamental Rights be removed
from the Treaty. Others strongly oppose this move. Most of the latter could however accept it,
provided that the legally binding character of the Charter is preserved by means of a cross-reference
in the body of the Treaty.
Addressing other concerns
A few delegations have suggested that in several cases the text of the Treaties should be amended in
order to reflect more recent developments. Many delegations would be ready to examine such
amendments if considered helpful by others and provided that no new competences are conferred
upon the Union. Specific suggestions include the need to address energy security and climate
change. It has also been proposed that greater prominence be given to the "Copenhagen criteria" on
enlargement.
The Way Forward
On the basis of its assessment of the positions of different delegations, the Presidency recommends
that the June European Council agree to the rapid convening of an IGC. It suggests that the
European Council give a precise and comprehensive mandate (on structure and content) to the IGC,
thus allowing it to finalise its work on a new Treaty before the end of this year.
The Presidency proposes a return to the classical method of treaty change. The IGC would
therefore be asked to adopt a Reform Treaty amending the existing Treaties rather than repealing
them. The Treaty on the European Union as modified would keep its present name, while the
Treaty establishing the European Community would become the "Treaty on the functioning of the
Union", containing all the detailed implementing provisions, including the legal bases. Both
Treaties would have the same legal value. The Union would have a single legal personality.
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The mandate for the IGC should set out how the measures agreed upon in the 2004 IGC with a view
to a more capable and democratic Union should be inserted into the Treaty on the European Union
and the Treaty on the Functioning of the Union. The consultations of the past 6 months show that a
number of changes will be needed to reach an overall agreement. To that end there should be
further discussions with regard to the following issues:
 The question of the symbols and of the primacy of EU law
 Possible terminological changes
 The treatment of the Charter in Fundamental Rights
 The specificity of the CFSP
 The delimitation of competences between the EU and the Member States
The role of national parliamentsConclusion
The Presidency submits this report to delegations as a basis for reaching agreement on the way
forward at the European Council on 21-22 June 2007.