Draft of new EU treaty stresses jobs and security

A DRAFT outline of a new EU treaty was handed over by Irish diplomats to member states embassies yesterday afternoon, fulfilling…

A DRAFT outline of a new EU treaty was handed over by Irish diplomats to member states embassies yesterday afternoon, fulfilling one of the key pledges of the Irish Presidency.

Reflecting the strong commitment of Ireland to enhancing the fight against crime, the document has surprised observers here by the scope and ambition of its proposals on justice and home affairs co operation.

But, as officials were stressing, the text contains few unexpected ingredients. It will now go to the Dublin summit at the end of next week.

Then leaders are expected to endorse it as the basic working document of the next phase of negotiations in the Inter Governmental Conference (IGC). This is due to conclude in Amsterdam in June.

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The text was presented to the press here yesterday by the chairman of the Group of Special Representatives, Mr Noel Dorr, a former secretary of the Department of Foreign Affairs. He said he hoped the document was seen as "fair and balanced" and "pointing at emerging agreements" while leaving open all options.

The report is a series of suggestions for treaty changes accompanied by a commentary on other options. It is written with a lucidity that is most unusual for the Union.

It is, Mr Dorr stressed repeatedly, neither confrontational nor simply the lowest common denominator.

It ranges from foreign and security policy to citizens rights and the fight against unemployment and drugs. But it does not propose a treaty text in two key areas.

Controversial institutional changes, such as the size of the Commission and the weighting of votes between large and small countries are dealt with only in general terms.

EU leaders at the Dublin mini summit in October agreed that there was no point yet in producing texts on these issues, which would not be resolved until the very end of the negotiating process.

The Irish treaty text reflects varying degrees of agreement between the member states.

On the Common Foreign and Security Policy (CFSP) the broad shape of agreement has been clear for some time and it is likely that, with a few notable exceptions, the final treaty will largely resemble what is now proposed.

In Justice and Home Affairs, however, agreement is more tentative. Detailed discussion has only just begun. The British veto on further integration has to be overcome in two important respects.

Asylum, immigration and visa policy need to be moved into the sphere of what is known as "Community" decision making (ie: giving the Commission a role).

Much of the justice and home affairs text, however, reflects an attempt to incorporate agreements reached only last week among justice ministers to enhance co operation between police and customs forces and by developing Europol's operational capacity.

The proposed changes would specifically extend the remit of the EU to the fight against trafficking in children and drugs, and against international corruption and fraud. They also provide for increased judicial co operation.

The text omits dates for phasing in police co operation. But on enhancing the right of free movement, the presidency suggests a target date of January 1st, 2001.

Effectively the presidency proposes bringing the Scheagen Treaty under the framework of the EU for the first time, a proposal which is unlikely to succeed unless Britain gets a right to continue its opt out.

The presidency proposes an enhanced definition of fundamental rights and a means of partially suspending from membership of the Union, states which persistently breach such rights.

A clause bans discrimination on the grounds of sex, racial, ethnic or social origin, religious belief, age or sexual orientation. But the accompanying commentary admits that the list is not yet fully agreed.

The proposed treaty also provides for positive action to end discrimination in employment, and for Commission spending on social policy.

It records support from a strong majority of members for ending the British opt out on social policy.

On employment the treaty text commits the Union to promoting "a high level of employment", rather than the "full employment" sought by some.

But it does provide a new chapter on jobs, copper fastening political commitments to provide EU monitoring of employment creation and the establishment of a high level employment committee.

A common foreign and security policy, the proposals provide for a replacement of the Union's diplomatic troika with a group involving the Presidency, the Commission and the Secretary General of the Council of Ministers.

The proposed treaty provides for a Union role in peacekeeping and humanitarian operations through the Western European Union. Provision is made to ensure that non WEU states which participate in operations will have a full and equal say in their conduct.

The presidency also suggests a major constitutional innovation in relation to the traditional requirement for unanimity of decision making in CFSP. What has been called "constructive abstention" allows member states who feel they cannot take part in an operation to let the action go ahead without their support.

It is also proposed to strengthen the European Parliament's legislative powers and its right to vote on the appointment of the President of the Commission.