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 New QMV areas

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PostSubject: New QMV areas   Tue Mar 25, 2008 8:57 pm

Finally, the full list of QMV areas, as provided by the Europe Direct service:

List of the existing legal bases moving from unanimity to qualified majority voting:

EU Treaty:

(1) Initiatives of the High Representative of the Union for Foreign Affairs and
Security Policy relating to the CFSP at the request of the European Council
(article 15b EU treaty)
(2) Common Security and Defence Policy: statute, seat and operational rules of the Armaments Agency (article 28D§2 EU treaty)


FEU Treaty

(3) Freedom of establishment, access to activities as self-employed persons,
involving amendment of the principles laid down by law in at least one Member
State (article 47§2 FEU treaty)
(4) Administrative cooperation in the area of freedom, security and justice (article
61G FEU treaty)
(5) Border checks (article 62 FEU treaty)
(6) Asylum (article 63 FEU treaty)
(7) Immigration (article 69a FEU treaty)
(Cool Incentive measures in the field of crime prevention (article 69C traité FUE)
(9) Eurojust – structure, operation, field of action and tasks (article 69D FEU treaty)
(10) Non-operational police cooperation (article 69F FEU treaty)
(11) Europol – structure, operation, field of action and tasks (article 69G FEU treaty)
(12) "Derogations" in the field of transport (now absorbed by the common transport policy) (article 71§2 FEU treaty)
(13) Amendment to certain provisions in the Statute of the European System of
Central Banks (article 107§3 FEU treaty)
(14) Measures in the field of culture (article151 FEU treaty)
(15) Definition of the tasks and objectives of the Structural Funds and the Cohesion Fund (article 161 FEU treaty)
(16) Council Presidencies – decision of the European Council (article 201b FEU
treaty)
(17) Court of Justice – establishment of specialised courts (article 225a FEU treaty)
(18) Court of Justice – amendment to the provisions of the Statute, with the exception of the statute of judges and advocates general and the language regime (article 245 FEU treaty)
(19) Appointment of the members of the Executive Board of the ECB – decision of
the European Council (article 245b FEU treaty)
(20) Mechanisms for control of the Commission's exercise of implementing powers
(replacing comitology) (article 249C FEU treaty)


Qualified majority voting accompanied by supplementary mechanisms (Emergency brake)

(21) Freedom of movement for workers, social security benefits (article 42 FEU
treaty)
(22) Judicial cooperation in criminal matters (article 69A FEU treaty)
(23) Approximation of criminal legislation, offences and sanctions, possibly
enhanced cooperation (article 69B FEU treaty)


List of the new legal bases requiring qualified majority voting

EU Treaty

(24) Election, by the European Council, of the President of the European Council
(article 9B§5 EU treaty)
(25) Appointment by the European Council of the High Representative of the Union for Foreign Affairs and Security Policy (article 9E§1 EU treaty)
(26) Financial provisions in CFSP - procedures for setting up and financing the startup fund (article 28 EU treaty)
(27) Establishment of permanent structured cooperation in the area of defence (article 28E EU treaty)
(28) Admission of a Member State to the permanent structured cooperation
arrangement in the area of defence (article 28E EU treaty)
(29) Suspension of a Member State from the permanent structured cooperation
arrangement in the area of defence (article 28E EU treaty)
(30) Agreement for the withdrawal of a Member State (article 49A EU treaty)


FUE Treaty


(31) Principles and conditions for the functioning of services of general economic
interest (article 16 FEU treaty)
(32) Measures to secure diplomatic and consular protection (article 20 FEU treaty)
(33) Citizens’ initiative for the tabling of a European law (article 21 FEU treaty FUE)
(34) Arrangements for a mutual evaluation mechanism of the implementation of the
Union policies in the area of freedom, security and justice (article 61C FEU
treaty)
(35) Intellectual property rights and centralised schemes (article 97a FEU treaty )
(36) Member States whose currency is the euro, common position and unified
representation on the international scene (article 115C FEU treaty)
(37) Sport (article 149 FEU treaty)
(38) Space policy (article 172a FEU treaty)
(39) Energy (article 176A FEU treaty)2
(40) Tourism (article 176B FEU treaty)
(41) Civil protection (article 176C FEU treaty)3
(42) Administrative cooperation (article 176D FEU treaty)
(43) Urgent financial assistance to third countries (article 188I FEU treaty)
(44) Humanitarian aid (article 188J FEU treaty)4
(45) Arrangements for the implementation by the Union of the solidarity clause in
case of terrorist attack or natural disaster, where this decision has no defence
implications (article 188R§3 FEU treaty)
(46) List of Council configurations (article 201b FEU treaty)
(47) Operating rules and appointment of the members of the panel set up in order to give an opinion on candidates' suitability to perform the duties of Judge and
Advocate-General of the Court of Justice before their appointment (article 224a
FEU treaty)
(48) Administration of the European Union (article 254a FEU treaty)5
(49) Revision of the rules governing the nature and composition of the Committee of the Regions and the Economic and Social Committee (article 256a FEU treaty)
(50) Implementing measures for the system of own resources (article 269 FEU treaty)

Particular cases
In the three cases mentioned below, the current treaties provide for a super qualified majority. The Treaty of Lisbon provides for the “ordinary” qualified majority, i.e. that applicable to acts adopted on a proposal from the Commission (even though in this instance the act is adopted on a recommendation from the Commission).
(1) Infringement of the Broad Economic Policy Guidelines (BEPGs) or jeopardising
of the functioning of economic and monetary union (EMU) (article 99 FEU
treaty)
(2) Establishment of the existence of an economic deficit (article 104§6 FEU treaty)
(3) Measures to tackle an excessive deficit (article 104§13 FEU treaty)


Notes
Note that most of the measures in the area of energy are at present adopted on the basis of provisions which already require QMV (Art. 95 EC, Art. 175 EC).

Note that measures in the area of civil protection are at present adopted on the basis of provisions which already require QMV (Art. 175 EC).

Note that measures in the area of humanitarian aid are at present adopted on the basis of provisions which already require QMV (Art. 179 EC).
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PostSubject: Re: New QMV areas   Tue Mar 25, 2008 9:04 pm

When you say 'finally' how 'finally' do you mean? I couldn't find a reference to this on the link you posted - it sent me straight to reformtreaty.ie.

When was this finalised?
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PostSubject: Re: New QMV areas   Tue Mar 25, 2008 9:11 pm

Kate P wrote:
When you say 'finally' how 'finally' do you mean? I couldn't find a reference to this on the link you posted - it sent me straight to reformtreaty.ie.

When was this finalised?

It's part of the Treaty. The link I gave sends me to Europe Direct, which is a service the EU provides where you can ask them direct questions. I asked them what new QMV areas were in the Treaty, and got back a PDF, which is dated 19.12.2007, and which I have faithfully copied here!

The link should look like this: http://www.europedirect.ie/
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PostSubject: Re: New QMV areas   Tue Mar 25, 2008 9:17 pm

I thought that - but the OP and the word 'finally' made me wonder how it was possible that other countries could have ratified the treaty if those details hadn't been finalised already, as I understood them to be.

Sorry.

Cool thing you have going there with the 8's. Makes the whole thing seem more real, somehow Cool
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PostSubject: Re: New QMV areas   Thu Mar 27, 2008 1:51 pm

I'd appreciate some clarification on this.

There are 50 new areas where the Council of Ministers will apply QMV if Lisbon is passed, according to this. Is that correct?

Why is FF saying there are only 33 and SF saying there are 150ish? Where are those figures coming from?

The rather confusing list at the back of the Forum Summary Guide lists 33 areas -without the distinctions that your list has, ibis.

Are there legitimate concerns about QMV based on the example of Austria's desire to ban GM maize which was overruled because it was not in an area of veto

http://www.foodnavigator.com/news/ng.asp?n=82519-wto-gm-crops-france-austria
http://www.foodproductiondaily.com/news/ng.asp?n=81097-austria-gm-maize-world-trade-organisation

I haven't been able to find a document that says that Austria has been fully overruled -the most recent is that an extension has been granted to allow the EU to make up its mind about how it plans to deal with the the pressure it's coming under from WTO where agreements have been reached that are being breached by Austria's decision to ban GM Maize.

Is it my googling/EUgling skills that are letting me down here (and I've spent a while on this - there are so many EU reference sites that it's impossible to know where to start, never mind look when you get there - transparency my eye!) that I can't find the relevant document - or is the No side hijacking this particular emotive issue?

Either way, the issue raises important questions about the powers that will be given away if the 33-150 areas are brought under QMV.
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PostSubject: Re: New QMV areas   Thu Mar 27, 2008 2:08 pm

Well, I gave a list of 33 areas (in the p.ie QMV discussion thread, which I couldn't get stickied), which I imagine are the ones used by FF. They relate to the ones I've posted above fairly simply:

the 33-area list wrote:
5.) Decisions establishing permanent structured cooperation, suspending or accepting new members on the basis of the notification of voluntary Members and after consultation of the High Representative

the 50-area list wrote:
(27) Establishment of permanent structured cooperation in the area of defence (article 28E EU treaty)
(28) Admission of a Member State to the permanent structured cooperation arrangement in the area of defence (article 28E EU treaty)
(29) Suspension of a Member State from the permanent structured cooperation arrangement in the area of defence (article 28E EU treaty)

So, where the 33-area list has one entry for establishment, admission, and suspension, the big list above has three.

SF haven't, to my knowledge, actually published their list of "105" QMV areas.
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PostSubject: Re: New QMV areas   Thu Mar 27, 2008 2:18 pm

Kate P wrote:
Cool thing you have going there with the 8's. Makes the whole thing seem more real, somehow Cool

Sorry I've nothing to contribute on QMV but rather something to add to your box of posting tools.

7)
Cool
9)

Ticking the box "Disable Smilies in this post" down on the left there before I posted would have knocked out the fella above. Have a look for those Options next time you're posting .
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PostSubject: Re: New QMV areas   Thu Mar 27, 2008 2:20 pm

Auditor #9 wrote:
Kate P wrote:
Cool thing you have going there with the 8's. Makes the whole thing seem more real, somehow Cool

Sorry I've nothing to contribute on QMV but rather something to add to your box of posting tools.

7)
Cool
9)

Ticking the box "Disable Smilies in this post" down on the left there before I posted would have knocked out the fella above. Have a look for those Options next time you're posting .

I know, but like Kate, I like them!
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PostSubject: Re: New QMV areas   Thu Mar 27, 2008 2:38 pm

Quote :
So, where the 33-area list has one entry for establishment, admission, and suspension, the big list above has three.


Are the other 14 subsumed in that as well?

What about Austria, ibis, or at least the principle behind the Austria argument?
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PostSubject: Re: New QMV areas   Thu Mar 27, 2008 3:36 pm

Kate P wrote:
Quote :
So, where the 33-area list has one entry for establishment, admission, and suspension, the big list above has three.


Are the other 14 subsumed in that as well?

I think so...I'm doing a comparison at the moment.

Kate P wrote:
What about Austria, ibis, or at least the principle behind the Austria argument?

Actually, I think you have the wrong end of the stick there. The organisation that is chasing for open borders to GM is the WTO - on behalf of the US, Canada, and Argentina. The EU is currently stalling the WTO - something that Austria simply wouldn't have the clout to do on their own (and neither would we!). The EU doesn't show any particular signs of wanting to force EU countries to accept GM off its own bat (it's been 'debating it' since 2005!), and is currently trying to resist external pressure to do so.

If the EU can determine that GM is provably a health hazard (or at least there's a decent risk), I'm pretty certain that it will happily tell the WTO to piss off, because that's what the majority of member states would prefer.
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