MIME-Version: 1.0 Content-Location: file:///C:/8C69674B/ARTICLE188K.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 188K]

EXTERNAL ACTION:

EU FOREIGN MINISTER TO INTERFERE IN ECONOMIC RELATIONS

WITH THIRD COUNTRIES AND UNION GAINS NEW BASIS UPON WHICH TO PURSUE SANCTIONS AGAINST GROUPS

[ARTICLE 188K]

 

 

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 IV Restrictive measures, Article 188K<= o:p>

 

Amendment:

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

 

‘(i) Article 2, paragr= aph 169, inserted Title IV and Article 188K TEC (TFEU) relating to restrictive measures; and

 

(ii)’.

 

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:

“169) The following Title IV and Article 188 K sha= ll be inserted, replacing Article 301:

"TITLE IV RESTRICTIVE MEASURES ARTICLE 188 K

1. Where a decision, adopted in accordance with Chapter = 2 of Title V of the Treaty on European Union, provides for the interruption or reduction, in part or completely, of economic and financial relations with = one or more third countries, the Council, acting by a qualified majority on a j= oint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, shall adopt the necessary measures. It shall inform the European Parliament thereof.

2. Where a decision adopted in accordance with Chapter 2= of Title V of the Treaty on European Union so provides, the Council may adopt restrictive measures under the procedure referred to in paragraph 1 against natural or legal persons and groups or non-State entities.

3. The acts referred to in this Article shall include necessary provisions on legal safeguards."

 

Consolidated Treaty Article(s):

“Article 301=

Where it is provided, in a common position or in a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy, for an action by the Community to interrupt or to reduce, in part or completely, economic relati= ons with one or more third countries, the Council shall take the necessary urge= nt measures.

The Council shall act by a qualified majority on a propo= sal from the Commission.”

 

Expl= anation:

The new Article 188 K replaces present Article 301 TEC. = This again beefs up the EU’s exter= nal action (foreign policy). A= ccording to Article 188 K (1) “Where a decision, adopted in accordance with Chapter 2 of Title V of the Treaty on European Union, provides for the interruption or reduction, in part or completely, of economic and financial relations with = one or more third countries, the Council, acting by a qualified majority on a j= oint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, shall adopt the necessary measures. It shall inform the European Parliament thereof.” So, the Council will c= ontinue to act by QMV in adopting measures for interruption or reduction of economic and financial relations with third countries but the Lisbon Treaty introduc= es the requirement that the Council must act on a “joint proposal from t= he High Representative of the Union for For= eign Affairs and Security Policy and the Commission.” Moreover, under the = new provision the Council shall inform the European Parliament.

 

Article 188 K (2) is a new provision. It is a new legal base for sanctions agai= nst natural or legal persons and groups and non-State entities. Presently, such measures are adopted under Article 308 TEC and also Article 301 and Article= 60 TEC. The new provision expressly allows the Council to adopt economic sanct= ions against individuals and non-State groups. It reads as follows: “Where= a decision adopted in accordance with Chapter 2 of Title V of the Treaty on European Union so provides, the Council may adopt restrictive measures under the procedure referred to in paragraph 1 against natural or legal persons a= nd groups or non-State entities.”