Europaudvalget 2003-04
EUU Alm.del Bilag 86
Offentligt
1464942_0001.png
PDF udgave (270 KB)
Medlemmerne af Folketingets Europaudvalg
og deres stedfortrædere
Bilag
Journalnummer
1
400.C.2-0
Kontor
EUK
27. oktober 2003
Til underretning for Folketingets Europaudvalg vedlægges dokument CIG
37/03 og CIG 38/03.
Officielle dokumenter til regeringskonferencen offentliggøres på
regeringskonferencens hjemmeside, hvor også danske oversættelser løbende
bringes. Regeringskonferencens hjemmeside er
http://ue.eu.int/igc.
1
PDF to HTML - Convert PDF files to HTML files
1464942_0002.png
CONFERENCE
OF THE REPRESENTATIVES
OF THE GOVERNMENTS
OF THE MEMBER STATES
Brussels, 24 October 2003
CIG 37/03
PRESID 3
NOTE
from:
dated:
to:
Subject:
Presidency
24 October 2003
Delegations
IGC 2003
Non-institutional issues; including amendments in the
economic and
financial field
0
Delegations will find attached a complete list, arranged by subject, of the
non-institutional issues which have been submitted by delegations in response
to the request from the Presidency. This list will constitute the basis for the
discussions at the meeting of Ministers in Brussels on 27 October 2003. In this
context, the Presidency reminds delegations that in order to keep the
discussions on the right track, a high degree of self-discipline is needed.
1
The list is organised according to subject under broad headings. It does not
include points relating to the scope of Qualified Majority Voting, since these
are the subject of a separate document.
2
Several delegations have raised the issue of defence. However this has been
identified as one of several key issues on which the Presidency has already
scheduled separate discussions.
2
3
A series of points have been included relating to the Union's
PDF to HTML - Convert PDF files to HTML files
1464942_0003.png
finances/budget and to economic and financial policy. Many of these
points have been the subject of discussions by ECOFIN Ministers: they
are marked with an asterisk (
*
). A large number of delegations have
indicated that they are prepared to accept them as a whole. Where
delegations have indicated that they attached particular importance to
certain points, this has been specified. Other delegations do not feel at
ease with the initiative of the ECOFIN Council and are not ready to
accept the ECOFIN Ministers' package as a whole as there is a risk that it
would undermine, in particular, the overall institutional balance. Some of
them would however be able to accept some of the points.
4
Several delegations referred in their submissions to issues which they did not
intend to raise themselves, but on which they would support others. These
have therefore only been included in the list if they were raised by other
delegations.
______________________
3
Preamble
1. Name of the Treaty:
should be Constitutional Treaty for the EU (SK)
PDF to HTML - Convert PDF files to HTML files
1464942_0004.png
2. Preamble: include a reference to Christian inheritance of Europe
(ESP,
IRL,
MT, PL, PT, SK, LT; CZ
wishes to enlarge even more this proposal to a
reference to Ancient Greek philosophy, Roman law, Jewish and Christian roots and
rationalism.
T and
opposed to such a mention.)
CY
General
3. Union's values: include new values
(Art. 2):
Rights of national and ethnic minorities
(HU).
SK
and
LV
opposed to such a
mention.
Equality between men and women
(SW)
4. Union's objectives(Art.
3):
Include new objectives:
economic and monetary Union and policies for
economic and social cohesion (Art. 3.2) as well as public health (Art. 3.3) (GR)
Scope of application of Union's objectives (Art. 3):
include a sentence "in
accordance  with  this  Constitutional  Treaty"  or  a  similar  one  to  avoid
misunderstandings relating to its scope of application (Art. 3.2) (PT)
5. Primacy of EU law:
Doubts over formulation (UK)
6. Accession to the ECHR
(Art. 7.2):
include a firmer intention of accession
(
CZ)
7. Union's exclusive competencies(Art.
12):
Conclusion of international agreements:
need to examine it in depth in light of
existing case law (Art. 12) (IRL,
FIN, SW, UK)
Since  competition  policy  is  an  exclusive  competence,  a  provision  should  be
included  to  put  an  obligation  on  the  Commission  to  take  into  account  the
geographical dimension for certain island nations with small populations, which
does not allow them to take full advantage of the internal market possibilities and
to compete on an equal footing with other MS (Art. 12.1) (CY)
4
8. Competencies: tourism
include as an area of shared competencies
(Art. 13) (GR)
include as an area of supporting, co-ordinating or complementary actions
and establish relevant legal basis
(Art. 16 and related) (ESP,
F, LV, MT, PL,
PT, LT, CY, SK)
9. Include a new principle common to Union's legal acts(Art.
37.2): principle
that the laws should be written in a manner that makes it possible for ordinary
citizens to understand them (SW)
PDF to HTML - Convert PDF files to HTML files
1464942_0005.png
10. Introduction of equality between MS as another principle of democratic
equality
(Art. 44) (PT,
SL)
11. Need precision on the definition of "significant number of MS" as regards
"civic initiative"
(Art. 46) (SK)
12. European Ombudsman
(Art. 48 and related):
0 Election
(instead of appointment) of the European Ombudsman (Art. 48) (
GR)
1 Foresee a provision allowing the cooperation of the European
Ombudsman with ombudsmen and similar bodies in the MS (Art.
III-237) (GR)
13. Charter of Fundamental Rights (Part II): stronger and clearer reference or a
more secure legal status of the Explanations and publication thereof
(NL,
UK)
14. Non-discrimination (Art. II-21):
needs clarification (UK)
15. Insert a horizontal clause
ensuring that social objectives are taken into account in
all Union policies (create a new Article) (B)
16. Services of general economic interest
(Art. III-6):
2 revert to existing terminology (ESP)
3 deletion of the full sentence in art III- 6 mentioning a European law (NL,
ESP, FIN)
4 include a reference to the central role of local and regional authorities in
providing these services (AUT)
5 a reference should be made to economic cohesion alongside social and
territorial cohesion (PT)
5
6 as long as the concept is not defined, there should not be a legal basis (SW
)
PDF to HTML - Convert PDF files to HTML files
1464942_0006.png
6
17. Transparency:
extension of the general rules to all institutions including the ECB
and ECJ (Art. III-305) (SW)
18. Data protection:
the scope of Union rules should not extend to JHA and CFSP
matters (UK)
The Union's finances/budget
19. Own resources
(Art. 53):
request for a real system of own resources (B)
request unanimity for adoption of modalities (in
particular CZ, SK, UK, PT)
delete paragraph 1 concerning necessary means (UK)
20. Budgetary and financial principles
(Art. 52):
Change the  instrument  from the  European  law into  the  European law  of  the
Council of Ministers as regards conditions of authorisation of expenditures shown
in the budget for the annual budgetary period (Art. 52.3) and as regards the act in
PDF to HTML - Convert PDF files to HTML files
1464942_0007.png
accordance  with  which  a  binding  legal  act  for  Union  action  and  for  the
implementation of expenditure must be adopted (Art. 52.4). Amend Article III-318
accordingly.
*
Include  a  reference  to  expenditure  ceiling  (alongside  own  resources)of  the
multiannual financial framework [as the limit within which the Union may adopt an
act having implications for the budget]
(Art. 52.5)
21. Budgetary procedure:
Change the procedure – where the Conciliation Committee does not approve a
joint text or if the Council of Ministers rejects the joint text, a budget providing, in
the case of each budget item which is subject to disagreement, for the lowest
amount proposed either by the Council or the Parliament or, where it is higher, the
figure in the budget law for the previous year shall be adopted.
(Art. III-310.8) (
NL, CZ, LV, ESP, F, UK, IRL, PT, SW, DK)
Add a 7 days deadline for the EP or the Council for the adoption of the common
project (F)
22. Multiannual financial framework
(Art. 54 and related):
oppose to QMV together with the consent of the EP as regards the adoption of the
multiannual financial framework. Propose unanimity after consultation of the EP
*
(NL,
CZ, SK, LV)
7
include a provision specifying that the last Financial Perspective before entry into
force of the Constitution shall be treated as the multiannual financial framework
which has been adopted in accordance with Article I-54.
(Art. III-308) (SW)
include in the financial perspective general orientations for the use of credits within
categories of expenses (Art. III-308) (ESP)
23. Economic, social and territorial cohesion
(Art. III-119): amend in order to
ensure coherence with provision on financial perspective i.e. Option 1: the Council
acts  unanimously  until  1  January  2007  in  case  the  multiannual  framework
2007-2013 is adopted. If not the Council acts unanimously until the date of its
adoption. Option 2: use the same formulation as in the case of the provisions on
financial perspective i.e.: the Council acts unanimously when adopting laws relating
to first funds following the entry into force of the Constitution (Art. III-119) (ESP)
Economic and financial policy
General Issues
24. Union's objectives(Art.
3)
*
:
Include new objective (further specify the objective of economic growth):
PDF to HTML - Convert PDF files to HTML files
1464942_0008.png
add  to  the  objective  of  balanced  economic  growth,  that  it  should  be
non-inflationary (Art. 3.3) (PT)
25. Bolster the position of the Commission with regard to Broad Economic
Policy Guidelines and to the Stability and Growth Pact
(NL)
26. Economic governance:
7 reinforcement of all instruments which will allow high growth and an
enhanced social cohesion (this includes better coordination of economic
and social policies, extension of the scope of QMV in the field of
taxation and social policy as well as the institutionalisation of the
Tripartite Social Summit) (F)
8 delete Union's competence for promoting and co-ordination of economic
and employment policies of the MS and replace it with a stipulation that
MS shall coordinate their economic policies within the Union (Art. 11) (
UK)
9 redraft Article in the sense that Member States shall conduct their
economic policies, regarding them as a matter of common concern, with
a view to contributing to the achievement of the objectives of the Union,
8
and co-ordinate them within the Union, in the context of the broad
economic policy guidelines and the surveillance of their
implementation.(Art. 14) (UK)
PDF to HTML - Convert PDF files to HTML files
1464942_0009.png
9
27. Economic policy
(Art. 71 and Art. 76):
"direct"  warning":  delete  non-consistency  with  the  broad  economic  policy
guidelines  from  the  scope  of  Commission's  warning  and  revert  into  a
recommendation of the Commission to the Council of Ministers
*
(Art. 71.4) (IRL,
CZ, ESP, UK)
Broad economic policy guidelines (Art. III-71 (2) and (4)): adoption of broad
guidelines on a proposal from the Commission and after EP consultation (Art.
III-71(2)); adoption Council recommendations to the Member State concerned in
the multilateral surveillance process on a proposal from the Commission, instead of
a recommendation (Art. III-71.4) (CION)
Multilateral surveillance:
Change wording of paragraph 3 alinéa 2: talk about "measures" taken by MS
rather than "steps"
(Art. 71.3)
Replace  the  legislative  procedure  by  consultation  procedure  as  regards  the
establishment of detailed rules for the multilateral surveillance procedure * (Art.
71.6) (NL,
CZ, ESP, FIN)
Change  the  procedure  as  regards  excessive  deficit:  the  Commission  should
address its opinion not to the MS concerned but to the Council of Ministers 
*
(Art. III-76.5) (CZ,
ESP, PT, DK)
Change the procedure as regards recommendation addressed by the Council of
Ministers to a MS after existence of excessive deficit has been decided: replace a
proposal from the Commission by a recommendation from the Commission
*
(Art. III-76.6) (CZ,
ESP, UK, PT, DK)
Change wording of paragraph 6: talk about "measures" taken by MS rather than
"steps" for deficit reduction
(Art. 76.9)
28. Re-establish the reference to the European Monetary System
*
(Art.
III-92.1(c))
29. Establish a reference to the Exchange Rate Mechanism II
(PL) (Art.
PDF to HTML - Convert PDF files to HTML files
1464942_0010.png
III-92(d))
Institutional issues
30. The European Central Bank
(Art. 29):
Include a specific reference to the Eurosystem [wherever the Convention wording
refers to European Central Bank together with the national central banks of the
MS, which have adopted the euro and alongside the European System of Central
Banks as regards the way of its governing and its objective]
(Art. 29.1, Art. 29.2) (
CION)
10
Include a specific reference to the independence of national central banks and use a
more precise wording concerning issue of banknotes and coins denominated in
euro
(Art. 29.3) (CION)
possibility for the European Council on a proposal from the Commission or a
recommendation of the ECB to revise composition, decision-making rules and
tasks of the Governing Council and Executive Board (enabling clause for revision
of Art. III-84 and Art. 10-12 and 43 of the Statute of the ESCB and the ECB) (
CION)
31. Specific tasks of the ECB
*
(Art. III-77.6): change the procedure from legislative
procedure with consultation of the ECB into the current procedure (unanimity,
consultation of the ECB and consent of the EP) (IRL,
PL, ESP, UK, FIN –
consultation of the EP)
32. Decision-making in the Governing Council of the ECB
(III-79.3): decisions
shall be adopted by QMV according to the system of weighting of votes same as in
the European Council and the Council of Ministers (PL)
33. Statute of the ECB and ESCB:
Change voting rules: reduce the number of
"voting" governors to nine. The governors shall select the nine "voting" among
themselves for a term of 2 years by secret ballot (FIN)
34. Appointment of members of the ECB
(Art. III-84.2): replace common accord
by the European Council acting by qualified majority 
(CION) or by majority of
its members (and change statute accordingly) (FIN) (PT
opposed)
35. Re-establish the Economic Policy Committee
*
(create a new Art. III-86a)
36. Enabling clause to change the statute of the EIB
*
(Art. III-299): delete (ESP,
CION)
External issues
37. Urgent financial aid for non-developing countries
*
(Art. III-222):
Include a European law of the Council of Ministers setting a framework for urgent
PDF to HTML - Convert PDF files to HTML files
1464942_0011.png
financial aid
Include  a  declaration  stipulating  that  for  the  purposes  of  applying  balance  of
payments  aid  to  third  countries,  the  Council  shall  act  in  the  composition  of
Economic and Finance Ministers
38. International agreements (foreign exchange regime matters)
*
(Art.
III-228.3): revert to current wording (agreements concerning monetary or foreign
11
exchange regime matters)
PDF to HTML - Convert PDF files to HTML files
1464942_0012.png
12
Eurozone issues
39. External representation of the eurozone
(Art. III-90):
redraft Article to bring it more closely in line with the current text
(ESP)
prefers to talk about representation of common positions (IRL)
40. Decision-making process for the eurozone
(eurozone ministers) (Art. III-91):
Enlarge the scope of provisions which shall not apply to MS with a derogation to:
decisions establishing common positions as regards issues of particular relevance to
economic and monetary union within the competent financial institutions and
conferences (Article III-90(1)); measures to ensure unified representation within
the  international  financial  institutions  and  conferences  
*  
(Art.  III-90(2))  (Art.
III-91.2) (in
particular ESP, B) (UK opposed)
Enlarge the scope of measures adopted by the representatives of the MS without
derogation  to:  surveillance  recommendations  relating  to  Member  States
participating in the euro area – including on stability programs and early warnings,
measures on excessive deficits relating to Member States participating in the euro
area (Art. III-76(6)-(8) and (11)), and the lifting of a country's derogation
(Art.
III-92(2).(Art. III-91.4) (AUT,
ESP, F, B) (UK, PL, HU opposed)
Reorganisation of certain Articles concerning economic governance of the euro
zone, in particular Section 3bis (Art. III-88): (CION)
Ecofin Council, in the composition of ministers of MS whose currency is the euro,
to adopt provisions which do not apply to MS with a derogation (Art. III-90) (
CION)
Ecofin Council, in the composition of ministers of MS whose currency is the euro,
to adopt BEPG  which concern  the euro  area generally,  to adopt surveillance
recommendations  addressed  to  a  MS  whose  currency  is  the  euro  (including
opinions  on  stability  programmes  and  early  warnings),  to  adopt  decisions,
recommendations and other measures related to the excessive deficit procedure
and addressed to a MS whose currency is the euro; and to adopt decisions to
abrogate derogation for MS meeting the necessary conditions for adopting the euro
(Art. III-91) (CION)
PDF to HTML - Convert PDF files to HTML files
1464942_0013.png
13
41. Eurogroup protocol
(Art. 1):
Include participation of the Commission in the meetings and in its preparation
*
(Art. 1) (ESP,
PT, CION, B, GR)
Delete special arrangements for the Presidency of the eurogroup (FIN, IRL) and
delete  the  specification  of  the  "informal"  character  of  eurogroup  ministers
meetings (FIN)
mirror  term  of  office  of  Eurogroup  President  on  term  of  office  Council
presidencies (Protocol on Eurogroup, Art. 2) (CION)
Other issues
42. Delegated regulations
*
(Art. 35): allow the MS to impose certain
requirements as regards the
exercise of delegated powers [by including a
provision stipulating that laws and framework laws shall lay down in advance rules
and general principles for the mechanisms for assistance by the MS with delegated
regulations of the Union] (application of the Lamfalussy process for harmonising
financial services legislation) (IRL,
ESP, FIN)
43. Staff regulation
*
: Change the instrument from a European law into the European
law of the Council of Ministers (Art. III-333)
JAI
p. m.: proposals relating to the scope of QMV are contained in a separate document
1. General provisions:
Article III 158
needs clarification (B)
Article III 161
10 delete reference to special evaluation (CZ)
Article III 162
11 clarify position and competences of standing committee (PL)
PDF to HTML - Convert PDF files to HTML files
1464942_0014.png
14
44. Asylum and immigration
Article III 167
12 mention high ambitions of Union; MS must be allowed to retain national
legislation providing greater protection (SW)
13 should refer to minimum standards for common asylum system (LV)
14 need to clarify scope of Article in relation to existing asylum systems (NL
)
Article III 168
15 clarify EU's competences for concluding readmission agreements (CZ)
45. Judicial Cooperation in civil matters
Article III 170
16 list of objectives for laws and framework laws should be as exhaustive as
in current TEC 65 (PL)
17 difficulties over scope, and possible cost implications, of these provisions
(UK)
18 harmonisation should only be possible where necessary for functioning of
internal market (SK)
19 need to review drafting (IRL)
46. Judicial Cooperation in criminal matters
Article III 171
20 difficulties over scope (UK)
21 require further detail on how to settle conflicts of jurisdiction/doubts over
the need for framework rules establishing minimum rules on rights of
individuals in criminal procedure (PL)
22 need to review drafting (IRL,
B, SK)
Article III 172
23 propose deleting paragraph on minimum rules (PL,
FIN)
24 need to review drafting (IRL,
SK, [EE], LT)
25 want clarification on scope, timing (DK)
26 supplement the list of areas of crimes and specify that the Council of
Ministers may only adopt a European decision identifying other areas of
crime on the basis of developments in serious cross-border crime (FIN)
Article III 174
27 opposed to prosecutions being initiated by Eurojust at European level in
national courts (UK,
AUT)
28 redraft paragraph 3 to clarify that Eurojust does not carry out formal acts
of judicial procedure (PL)
15
PDF to HTML - Convert PDF files to HTML files
1464942_0015.png
29 need to review drafting (IRL)
16
Article III 175
PDF to HTML - Convert PDF files to HTML files
1464942_0016.png
30 opposed to public prosecutor (UK,
IRL, SK, FIN)
31 concerns over public prosecutor as drafted – need to limit tasks (AUT,
CZ, LV)
32 would like to see role further developed (NL)
47. Police Cooperation
Article III 176
33 need to review drafting (IRL)
Article III 177
34 need to review drafting (IRL)
48. Scope of ECJ jurisdiction (Article III-283)
delete reference to "where such action is a matter of national law" (PT)
concerned by scope of ECJ's jurisdiction over judicial cooperation in criminal
matters and police cooperation (UK)
49. External Relations (JHA):
need to stipulate clearly the possibility of Member
States to maintain and conclude bilateral agreements in this area (NL)
External
p. m.: proposals related to the scope of QMV are contained in a separate document
50. External action; principles and objectives:
add a reference to the Helsinki Final
Act and objectives of the Paris Charter including those of external borders (Art.
III-193) (GR)
51. Common commercial policy:
35 the reference to foreign direct investments should be deleted; in fact, such
reference would be better placed on the chapter on movement of capitals
and payments (Art. III-216) (PT);
IRL
wants clarification of concept of
foreign direct investment
36 reference to the possibility of Member States concluding bilateral
agreements with third parties should be inserted (PT,
EE);
37 Role of the EP: revert to the current treaty (no legislative procedure for
implementation) (Art. III-217.2) (SW)
Need to review drafting (FIN)
17
52. International agreements:
exclude trade agreements from the scope of the EP
consent. The Council should act after consultation of the EP (Art. III-227§7, p.(e))
(ESP)
PDF to HTML - Convert PDF files to HTML files
1464942_0017.png
18
Other policies
53. Solidarity clause:
request for clarification (Art. 42) (IRL)
54. Social security for employed and self–employed migrant workers
(Art.
III-21):
does not sufficiently take into account specificities of national situations (LUX)
PDF to HTML - Convert PDF files to HTML files
1464942_0018.png
include possibility of extending the scope of laws or framework laws to application
of measures to other European citizens or their family members (CION)
55. Health services:
include a new paragraph stipulating that provisions of this
subsection  (i.e.  freedom  to  provide  services)  shall  not  encroach  upon  MS'
responsibilities for the organisation and delivery of health services (FIN)
56. Include a new Article (III-35bis) on sympathetic action:
a right for the trade
unions to take sympathetic action across national borders within the Union. The
right should however only be applicable if the primary conflict is allowable in the
Member State where it is taken. (SW)
57. Capital and payments: freezing of assets: need for precision in Art. III-49:
38 Delete Article (SW)
39 Precise that European law "defines" and not "may define" (ES)
40 Specify that measures aimed at in this Article are administrative measures(
ES)
41 Foresee that regulations or decisions include lists of natural or legal
persons, groupings or non–state entities aimed at by these measures(ES)
58. State aids: the scope of Articles III-56.2 (c) on and Article III-141 should be
extended
to all the areas affected by the division of Europe after the Second
World War (PL)
59. State aids in culture:
modify provisions that ensure compatibility of state aids in
the field of culture – moving this provision from paragraph 3 to paragraph 2 (Art.
III-56) (B)
60. Administrative cooperation and combating tax fraud:
42 need for clarification (Art. III-63) (LUX)
43 favour deletion of both Arts III-62 and III-63 (EE)
61. Intellectual property: include a new specific legal base – legislative
procedure
(Art. III-68) (SW)
19
62. Economic, social and territorial cohesion
44 islands: considers clarification and enhancing the content of these
provisions with respect to islands (GR); asks for recognition of specific
difficulties of less favoured islands presenting a permanent handicap
and demographic disparities in order to implement specific measures (F
); include a new legal basis for cross-border cooperation with third
countries (Art. III-116) (FIN,
LT)
45 delete the reference to territorial cohesion in Art. III-116 and introduce
this notion elsewhere in the treaty (NL)
46 ERDF should promote cooperation between the regions of the Union and
neighbouring countries (Art. III-118) (FIN,
LT)
PDF to HTML - Convert PDF files to HTML files
1464942_0019.png
63. Structural funds (Art. III-119):
amend in order to ensure coherence with the decision-making provisions on
financial perspective (ESP,
PT)
64. Agriculture:
redraft Art. III-123 to take account of CAP reform (SW,
CION)
change the instrument from European laws and framework laws into European
laws and framework laws of the Council of Ministers which should cover the
establishment  of  the  common  organisation  of  the  market  as  well  as  the
establishment  of  their  horizontal  rules  and  the  rules  on  rural  development
financed by the EAGGF and FIFG (Art. III-127§2 (FIN)
include a consultation of the EP relating to regulations and decisions on fixing
prices, levies, aid and quantitative limitations and on the fixing and allocation of
fishing opportunities (Art. III-127§3) (CION)
remove fixing prices, levies, aid and quantitative limitations from the scope of
European regulations or decision and add the utilising of fishing opportunities,
including control and enforcement (Art. III-127§3) (FIN)
include a provision allowing the Commission to adopt implementing acts relating
to laws, framework laws, regulations and decisions foreseen in § 2 and § 3 (Art.
III-127) (CION)
opposed to proposal to extend co–decision to agriculture (Art. III-127) (UK)
65. Fisheries:
request for explicit recognition of FIFG (LV,
FIN)
20
66. Environment:
47 add biodiversity as one of the central goals of the Union's environmental
policy (III-129) (NL)
48 introduction of the principle of "substitution" and of the "precautionary
principle" (SW)
67. Consumer policy:
need for clarification if the Treaty provides a sufficient legal
basis to implement the Consumer Policy Strategy. Delete paragraph 5 (Art. III-132)
(SW)
:
68. Transport (Art. III-134)
restore provisions of Art. 71.2 TEC (derogation clause) (
GR, PT)
69. Energy:
stipulate more clearly national sovereignty over energy resources (NL)
70. Research and technological development, and space
include a reference to the preservation of the acquis of the European Space Agency
PDF to HTML - Convert PDF files to HTML files
1464942_0020.png
(Art. III-146a ) (PT)
concrete proposal aiming at reflecting the shared nature of competencies (Art.
III-146 and Art. III-149) (CION)
71. Internal market:
Characteristics of alcohol and tobacco must be taken into account when shaping
policies on free movement of goods(SW)
72. Public health:
Enlarge the scope of Union action in the field of public health to the
following measures promoting:
surveillance, alert and combating serious
accidental  or  intentional  threats  on  health  when  they  can  have  a  European
dimension,  development  and  cooperation  of  MS  aiming  at  improving
complementarity of their provision of health care and structures, in particular in
bordering regions and allow patients from one MS to take advantage of quality care
delivered in another MS, in respect of the rules of organisation and management of
each national health system (Art. III-179§1) (F)
Enlarge the scope of measures supporting objectives in the field of public
health (adopted by QMV) to:
0 measures to fight against major health scourges affecting more than
one Member State, including communicable diseases and the
release of biological or chemical agents with intent to cause harm;
preventative measures against serious causes of danger to human
health or of human disease or illness, when there is a significant
impact at European level. (Art. III-179§4) (CION)
21
1
measures establishing high norms of quality and security for blood
products and medical use provisions and measures relating to
products with harmful effect, serious and recognised on health,
with direct aim of the protection of public health (Art. III-179§4) (
F)
PDF to HTML - Convert PDF files to HTML files
1464942_0021.png
22
Include a reference to Article 16, point a) (Art. III-179§5) (CION) [DONE]
Include reference to the organisation and delivery of pharmaceutical care and to
competence concerning narcotic and psychotropic substances (LV)
73. Culture:
49 include a reference to the pluralism of media (Art. III-181) (
PL)
50 establish and include definition of the sustainable development into the
elements of cultural heritage and cultural activity (Art. III-181) (
PL)
51 supplement the objectives of environment protection by preserving
cultural landscape (PL)
Enhanced cooperation
74. Enhanced cooperation
(Art. 43 and related):
increase  the  threshold  of  MS  needed  for  the  authorisation  of  an  enhanced
cooperation from one third to half of MS (Art. 43) (HU,
CZ, SL)
delete the "passerelle" (Art. III-328) (ESP,
PL); UK also
has doubts,
need to keep the "emergency break" in CFSP as in the current Treaty (IRL)
52 insist on the obligation for the CION and MS participating in enhanced
cooperation to promote further participation in it of other MS (Art.
PDF to HTML - Convert PDF files to HTML files
1464942_0022.png
III-324§1, all. 2) (HU)
Revision of Treaties
75. Revision procedure (Art. IV-7):
Lighter procedure of revision of part III (not modifying distribution of
competencies) (GR,
CION)
Convention method: remove need for consent of the EP for not convening a
Convention and replace with information of the EP by the European Council
(Art. IV-7§2) (ESP)
equality of MS must be reflected in modalities for possible future revision (LUX
)
23
in favour of full revision procedure for all possible changes from unanimity to
QMV (ie not just for general passerelle clause) (EE)
PDF to HTML - Convert PDF files to HTML files
1464942_0023.png