[ARTICLE 188E]

EXTERNAL ACTION:

EU TO DEVELOP THEMATIC PROGRAMMES OF

DEVELOPMENT COOPERATION

[ARTICLE 188E]

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 Un= ion, Title III Cooperation with third countries and humanitarian aid, Chapter 1 development cooperation, Article 188E

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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Lisb= on Treaty Article:

“162) An Article 188 E shall be inserted, with the wording of Article 179; it shall be amended as follows:

(a) paragraph 1 shall be repl= aced by the following:

"1. The European Parliament and the Council, acting= in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which m= ay relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.";

(b) the following new paragra= ph 2 shall be inserted:

"2. The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 10 A of the Treaty on = European Union and in Article 188 D of this Treaty.

The first subparagraph shall be without prejudice to Mem= ber States' competence to negotiate in international bodies and to conclude agreements.";

Consolidated Treaty Article(s):

“Article 179=

1. Without prejudice to the o= ther provisions of this Treaty, the Council, acting in accordance with the proce= dure referred to in Article 251, shall adopt the measures necessary to further t= he objectives referred to in Article 177. Such measures may take the form of multiannual programmes.

2. The European Investment Ba= nk shall contribute, under the terms laid down in its Statute, to the implementation of the measures referred to in paragraph 1.

3. The provisions of this Art= icle shall not affect cooperation with the African, Carib= bean and Pacific countries in the framework of the ACP-EC Convention.”

Expl= anation:

This Article states the intention of the Union to group EU external development cooperation = into thematic programmes. Article 188E transposes the old Article 179 (still on development cooperation) and changes the wording. Development cooper= ation policy is subject to the co-decision procedure which is renamed by the Lisb= on Treaty as ordinary legislative procedure. The European Parliament already h= as legislative power together with the Council. The new provision makes a reference to = 220;programmes with a thematic approach.”

The new paragraph 2 is based on the p= resent Article 181 TEC and states that “The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 10 A of the Treaty on = European Union and in Article 188 D of this Treaty.” It is stated that this “shall be w= ithout prejudice to Member States' competence to negotiate in international bodies= and to conclude agreements."=

The new Article also reaffirms the goals of Article 10A (see above) which outli= nes the Union’s general commitment to = human rights, the rule of the law, the UN charter etc… The existing parag= raph 3 which specifies that “The provisions of this Article shall not affect cooperation with the African, Caribbean and Pacific countries in the framework of the ACP-EC Convention” will= now be deleted.