MIME-Version: 1.0 Content-Location: file:///C:/8C696744/ARTICLE188D.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 188D]

EXTERNAL ACTION:

DEVELOPMENT COOPERATION BETWEEN MEMBER STATES BECOMES

SUBJECT TO GOVERNANCE THROUGH EU EXTERNAL ACTION POLICY

[ARTICLE 188D]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part Five, External Action by the Union, Title III Cooperation with third countries a= nd humanitarian aid, Chapter 1 development cooperation, article 188D

 

Amendment:

Clause  2,  page  1,  line  12,  after ‘excluding’, insert—

 

‘(i) Article 2, paragr= aphs 154 to 168, new Part Five TEC (TFEU) relating to external action by the European Union; and

 

(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty Article:

“159) A Title III "COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID"

shall be inserted.

160) A Chapter 1 "DEVELOPMENT COOPERATION" sha= ll be inserted, taking over the heading of Title XX of Part 3.

161) An Article 188 D shall be inserted, with the wordin= g of Article 177; it shall be amended as follows:

(a) paragraphs 1 and 2 shall = be replaced by the following:

"1. Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union's external actio= n. The Union's development cooperation policy a= nd that of the Member States complement and reinforce each other.

Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of= the objectives of development cooperation in the policies that it implements which are lik= ely to affect developing countries.";

(b) paragraph 3 shall be renu= mbered "2".”

 

Consolidated Treaty Article(s):

“= ;Art= icle 177

1. Community policy in the sphere of development cooperation, which shall be complementary to the policies pursued by the Me= mber States, shall foster:

— the sustainable econo= mic and social development of the developing countries, and more particularly t= he most disadvantaged among them,

— the smooth and gradual integration of the developing countries into the world economy,<= /span>

— the campaign against poverty in the developing countries.

2. Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms.<= /o:p>

3. The Community and the Member States shall comply with the commitments and take account of the objectives they h= ave approved in the context of the United Nations and other competent internati= onal organisations.”

 

Expl= anation:

Article 188D inserts the wording of the o= ld Article 177 on development cooperation. It has the effect of integrating cooperatio= n on development within the entire common external policy of the Union as a whole. The Lisbon Treaty clarifies the status of development cooperation as one of the element of EU’s external action. In the existing Treaty, development cooperation was said to be “complementary to the policies pursued by = the member states”. There has been a significant shift.   

 

The second sentence of the second subparagraph 1 is substantially based on present Article 178 TEC which stat= es that “The Community shall take account of the objectives referred to = in Article 177 in the policies that it implements which are likely to affect developing countries.” This new provision calls for consistency betwe= en EU policies that affect developing countries and require Member States and EU development cooperation to complement and reinforce one another.

 

The Article demands that development cooperation respects the extensive European body of rights detailed within the Treaty. = The key point here is that the commitment to human rights is dropped and “= ;the reduction and … eradication of poverty” becomes the only goal. = The previous paragraph 2, now deleted, read as follows: “Community policy in this area shall contribute to the general objec= tive of developing and consolidating democracy and the rule of law, and to that = of respecting human rights and fundamental freedoms.” These wider commitments are now instead expressed in the new Article 10A, the first art= icle in the title on “General Provisions on the Union’s External Action” and they thus become part of the Union= ’s whole foreign policy and external action, not just its development policy.<= o:p>

 

According to Article 177 (3) which will be renumbered (2) in the new Article, “The Community and = the Member States shall comply with the commitments and take account of the objectives they h= ave approved in the context of the United Nations and other competent internati= onal organisations.” The Millennium Develop= ment Goals are among those objectives. It is therefore necessary for the Union that the EU principles are put into effect. <= span style=3D'mso-bidi-font-weight:bold'>

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It should be recalled that the EU has been widely accused of distributing aid ineffectively and inefficiently. Th= e EU is committed to its current failures of ensuring that the Millenium Development Goals (MDGs) are met. Europe is not doing enough to support developing countries achieved through the MD= G by 2015. It is Member States with a freely determined trade and aid policy that can determine these concerns to the best degree – the EU is committed= to targets of more waste brought about by its ineffective management of aid. <= o:p>