[ARTICLE 19]

COMMON FOREIGN AND SECURITY POLICY:

UK MUST SPEAK ON BEHALF OF THE EU<= o:p>

FROM ITS SEAT AT THE UN SECURITY COUNCIL

[ARTICLE 19]

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 European Union, Title V, provisions on Common Foreign and Security Policy, = Chapter 2, Specific provisions on the common foreign and security policy, section 1 Common provisions, Article 19

Amendment:

Clause 2<= /span>, page 1, &nbs= p;line 12, leave out ‘any’ and insert—

‘(i) Article 1, paragr= aph 38, amendments to Article 19 TEU relating to Member States’ coordinat= ion of action within the Common Foreign and Security Policy; and

(ii) any other’.

Amendment:

Clause 2<= /span>, page 1, line 12, leave out ‘any’ and insert—

‘(i) Article 1, paragr= aph 25, headings relating to the Common Foreign and Security Policy; and=

(ii) any other’.=

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Lisb= on Treaty Article:

“38) Article 19 shall be amended as follows= :

(a) in paragraph 1, the words "the common positions" shall be replaced by "the Union= 's positions" in the first and second subparagraphs and the following sentence shall be a= dded at the end of the first subparagraph: "The High Representative of the = Union for Foreign Affairs and Security Policy shall= organise this coordination.";<= /p>

(b) paragraph 2 shall = be amended as follows:

(i) in the first subparagraph, the words "Without prejudice to paragraph 1 an= d

Article 14(3)," shall be replaced by "In accordance with Article 11(3)," and the words "the latter" s= hall be replaced by "the other Member States and the High= Representative";

(ii) in the second subparagraph, first sentence, the words "and the High

Representative" shall be inserted after "the other Member States"; in the second sentence, the word "permanent" shall be deleted and the words "ensure the<= /o:p>

<= span class=3DGramE>defence of the positions" shall = be replaced by "defend the positions";

(iii) the following new third subparagraph shall be added:

"When the Union has defined a position on a subject which is on the United

Nations Security Council agenda, those Member Sta= tes which sit on the Security

Council shall request that the High Representativ= e be invited to present the Union's position.= "

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Consolidated Treaty Article(s):

= 220;Article 19

1. = Member States shall coordinate their action in international = organisations and at international conferences. They shall uphold the common positions in such forums.

In international organisations and at international conferences where not all the Member States participate, those which do take part shall uphold the common positions.

2. Without prejudice to paragraph 1 and Article 14(3), Member States represent= ed in international organisations or international conferences where not all the Member States participate shall keep the latt= er informed of any matter of common interest.

Mem= ber States which are also members of the United Nations Security Council will concert and keep the other Member States fully informed. Member States which are permanent members of the Security Council will, in the execution of the= ir functions, ensure the defence of the positions = and the interests of the Union, without prej= udice to their responsibilities under the provisions of the United Nations Charte= r.”

Explanation:

Under = the present Article, “Member States shall coordinate their action in international organisations and at international conferences. Under the new provision, it confers on the High Representative of the= Union for Foreign Affairs the power to organise this coordination. Since the Lisbon Treaty replaces “common positions” of Member States with the “Union position”, it places an obligatio= n on Member States that they uphold the common positions in such forums.<= o:p>

Furthermore, under the Lisbon Treaty, “Member States represented in internati= onal organisations or international conferences where not = all the Member States participate” have to keep not only the other= Member States informed but also the High Representative “of any matter of common interest.”

Under the present Article “Member States which are also members o= f the United Nations Security Council will concert and keep the other Member Stat= es fully informed.” Moreover, “Member States which are permanent members of the Security Council will, in the execution of their functions, ensure the defence of the positions and the int= erests of the Union, without prejudice to their responsibilities under the provisions of the United Nations Charter.” However, the amendments to this Article requires Member States with a seat = on the Security Council to request that he/she speak on the EU’s behalf, where the Union has defined a common policy.

It is written: “When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Coun= cil shall request that the High Representative be asked to present the Union's position.” The main objective of such provision is to provide a single voice for the Union= in the United Nations. It is a matter for the UN Security Council and not f= or the Union that appears before it. Member Sta= tes who are members of the Security Council are required to defend positions in= the interests of the Union. The UK, und= er such an obligation, is not free to act independently within the Security Council= . Member States will be obliged to present the common foreign policy position when t= hey are members of the UN Security Council. Britain would be on the UN Se= curity Council primarily to represent the EU’s position. <= /span>