The Council of Ministers has certain concerns about the new framework agreement governing relations between the European Parliament and the Commission and about the idea of revising the treaties to change the procedure for European elections.

Belgium’s state secretary for European affairs made this clear to the Parliament’s Committee on Constitutional Affairs (AFCO), on 13 July in Brussels, where he presented the new Presidency’s institutional priorities. On the first point, Olivier Chastel noted that for each of the three previous framework agreements, in 1995, 2000 and 2005, the Council adopted a declaration stating that it was not opposed to the text. For this new EP-Commission agreement, “which has not yet been formally transmitted to the Council,” some member states are already voicing “concerns about provisions that may not respect the spirit of the treaties”. The Council shares the fears expressed by representatives of the national parliaments that the document may undermine the institutional balance. It plans to review these aspects carefully with the aid of its legal service. Chastel was alluding here to the EP’s request to be involved in international negotiations conducted by the Commission and to obtain an observer’s seat at negotiating conferences.

Another sensitive point of the framework agreement is legislative programming. Parliament would like a Commission-Council-Parliament “single programming,” while the Council’s view is that “it does not need to negotiate its programme with Parliament”. Chastel therefore proposed that members of the Presidency trio (Spain, Belgium and Hungary) meet regularly Parliament’s secretary-general accompanied by political representatives. The EP president and Belgian prime minister should also meet twice during the half-year.

INSTITUTIONAL FATIGUE

Concerning amendment of the 1976 act on election of members of the European Parliament, British Liberal Andrew Duff is currently drafting a report on the question since the EP has the power of initiative on this matter. “If Parliament referred a proposal to the Council, the Presidency would put it on the agenda,” assured Chastel, who added that this subject is “complex” and “sensitive” in the member states. The exercise will prove all the more complicated because the rapporteur proposes to amend the Lisbon Treaty by means of a convention followed by an intergovernmental conference in order to create an EU-wide constituency. “A fair degree of institutional fatigue has taken hold in the Council,” commented the president-in-office, who considers the proposal “premature” because in the present context measures that are “more urgent in the framework of the treaty” need to be taken. Duff considers nevertheless that “we have to start to accept the idea that there will be other treaty revisions,” on economic governance, for example. Recently the treaty was revised under a simplified procedure to allow for the forthcoming addition of 18 MEPs.

Chastel also pointed out that the Presidency’s objective is to bring to conclusion the transition between the Nice Treaty and the Lisbon Treaty to facilitate the alchemy between the institutions and to set good precedents, in all cases “based on the Community method”. He listed a number of subjects, starting with the External Action Service. Belgium welcomes Parliament’s adoption of its opinion a few days ago on the basis of the Madrid agreement of 21 June. Chastel noted that “its negotiators were demanding but constructive”. The General Affairs Council will confirm it formally, on 26 July. The financial regulation and staff rules will then have to be amended and the new body must be allocated financial resources for 2011. The Presidency hopes that, by the end of the year, High Representative Catherine Ashton “will have begun recruiting key staff”.

On EU accession to the European Convention on Human Rights, as required by the Lisbon Treaty, the Council adopted the Commission’s negotiating brief, on 4 June. The Presidency hopes “to bring to successful conclusion this complex task” that will imply the EU’s acceptance of external monitoring of its respect for human rights.

ADMISSIBILITY OF INITIATIVES

Another important issue for the Belgian state secretary is the citizens’ initiative. The General Affairs Council agreed a general approach, in June, and the Presidency is now awaiting the EP’s position. The question of the admissibility of initiatives is once again expected to be the heart of the problem. For Chastel, “it is important for this instrument to be close to citizens and easy to use. Citizens from different member states should have to use the same procedures when they sign. The rules of procedure must not be unnecessarily restrictive and must be proportionate.” Belgium will try to seal an agreement on the Commission’s draft regulation by 1 December, the anniversary of the Lisbon Treaty’s entry into force.

The Presidency will also negotiate the 2011 budget with Parliament in the coming months, the first under the new Lisbon provisions. Here, too, it intends to set good precedents and is prepared to take part in the reflection process to be launched in September on revision of the multiannual financial framework. Belgium intends to collaborate fairly with MEPs on the organisation of ‘delegated acts’ and ‘implementing acts’, which replace the comitology procedure, and to wrap up this issue at first reading. The two types of acts will be “discussed as a package”.