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End of the trench warfare between the British and the EU at the UN

(BRUSSELS2) The 27 have finally reached an agreement to ensure the external representation of the EU in international bodies and to respond to the "problem" posed by the British. . Agreement approved by European Affairs Ministers, who met exceptionally on Saturday (October 22) to prepare for the European summit devoted to the economic crisis. Read : UK blocks EU at UN

The terms of the agreement are as follows

  • The EU can only make a statement in those cases where it is competent and there is a position which has been agreed in accordance with the relevant Treaty provisions.
  • External representation and internal coordination does not affect the distribution of competences under the Treaties nor can it be invoked to claim new forms of competences.
  • Member States and EU actors will coordinate their action in international organizations to the fullest extent possible as set out in the Treaties.
  • The EU actors and the Member States will ensure the fullest possible transparency by ensuring that there is adequate and timely prior consultation on statements reflecting EU positions to be made in multilateral organizations.
  • Member States agree on a case by case basis whether and how to co-ordinate and be represented externally. The Member States may request EU actors or a Member State, notably the Member State holding the rotating Presidency of the Council, to do so on their behalf.
  • Member States will seek to ensure and promote possibilities for the EU actors to deliver statements on behalf of the EU.
  • Member States may complement statements made on behalf of the EU whilst respecting the principle of sincere cooperation.
  • EU representation will be exercised from behind an EU nameplate unless prevented by the rules of procedure of the forum in question.
  • EU actors will conduct local coordination and deliver statements on behalf of the EU unless prevented by the rules of procedure of the forum concerned (default setting). Where practical arrangements such as those at the World Trade Organisation, at the Food and Agricultural Organization and in burden sharing exist for coordination and/or representation, such arrangements will be implemented for the preparation and delivery of the statement on behalf of the EU from behind the EU nameplate.

The declarations will thus respect the following marks "in the name of the European Union" or "in the name of the EU and its Member States" "in the name of the Member States" according to the domains:

  • Should the statement refer exclusively to actions undertaken by or responsibilities of the EU in the subject matter concerned including in the CFSP, it will be prefaced by “on behalf of the European Union”.

  • Should the statement express a position common to the European Union and its Member States, pursuant to the principle of unity of representation, it will be prefaced by “on behalf of the EU and its Member States”. The introduction "on behalf of the EU and its Member States" does not preclude references to “the EU" or to "the Member States of the EU" later in the text, where such reference accurately reflects the factual situation.

Should the Member States agree to collective representation by an EU actor of issues relating to the exercise of national competences, the statement will be prefaced by “on behalf of the Member States. The introduction "on behalf of the Member States" does not preclude references to the "EU" later in the text, where such reference accurately reflects the factual situation.

The adoption of this approval does not mean a redistribution of the competences or the powers of the institutions as they are defined by the Treaties, took care to specify the note. And the term "EU actors" can mean, as the case may be, the President of the European Council, the Commission, the High Representative or the EU delegations.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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