[ARTICLE 188H]

EXTERNAL ACTION:

MEASURES ON COOPERATION WITH NON-DEVELOPING COUNTRIES

SUBJECT TO COUNCIL-PARLIAMENT DECISION-MAKING<= /p>

[ARTICLE 188H]

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 2 Economic, financial and technical cooperation with third countries, Article 188H

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:

“= ;165) A Chapter 2 "ECONOMI= C, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES" shall be inserted, taking over the heading of Title XXI of Part 3.=

166) An Article 188 H shall be inserted, with the wordin= g of Article 181a; it shall be amended as follows:

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

"1. Without prejudice to the other provisions of the Treaties, and in particular Articles 188 D to 188 G, the Union shal= l carry out economic, financial and technical cooperation measures, including assis= tance, in particular financial assistance, with third countries other than develop= ing countries. Such measures shall be consistent with the development policy of= the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union's operations and those of the Member States s= hall complement and reinforce each other.";=

(b) paragraph 2 shall be repl= aced by the following:

"2. The European Parliament and the Council, acting= in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of paragraph 1.";=

(c) at the end of the second sentence of the first subparagraph of paragraph 3, the words ", which shall be negotiated and concluded in accordance with Article 300" shall be deleted.”

Consolidated Treaty Article(s):

“Article 181a

1. Without prejudice to the o= ther provisions of this Treaty, and in particular those of Title XX, the Communi= ty shall carry out, within its spheres of competence, economic, financial and technical cooperation measures with third countries. Such measures shall be complementary to those carried out by the Member States and consistent with= the development policy of the Community.

Community policy in this area shall contribute to the general objective of developing and

con= solidating democracy and the rule of law, and to the objective of respecting human rig= hts and fundamental freedoms.

2. The Council, acting by a qualified majority on a proposal from the Commission and after consulting t= he European Parliament, shall adopt the measures necessary for the implementat= ion of paragraph 1. The Council shall act unanimously for the association agreements referred to in Article 310 and for the agreements to be concluded with the States which are candidates for accession to the Union.

3. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and the competent international organisations. The arrangements for Community coopera= tion may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Artic= le 300.

The first subparagraph shall = be without prejudice to the Member States' competence to negotiate in internat= ional bodies and to conclude international agreements.”

Expl= anation:

Article 188 H is the first Article in a new chap= ter entitled “Economic, Financial and Technical Cooperation with Third Countries”. It takes the wording of old Article 181A, on relations with third countries other than developing countries, but amends that wording so that “Such measures shall be complementary to those carried out by the Member States and consistent with the development policy of the Community” becomes “Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union's operations and those of the Member States shall complement and reinfor= ce each other.”

The existing reference to the general Community’s objectives of “developing and consolidating democracy and the rule of law and to t= he objective of respecting human rights and fundamental freedoms” has be= en removed from this provision since they are now incorporated in the general provisio= ns.

The Lisbon = Treaty has amended the decision-making procedure for EU measures on cooperation wi= th non-developing countries. Therefore, whereas presently the European Parliam= ent has a limited consultative role, under the Lisbon Treaty it has introduced = the co-decision procedure. Hence, this policy will be decided by the Council together with the European Parliament. The Council will continue to act by = QMV.