[ARTICLE 20 ]

COMMON FOREIGN AND SECURITY POLICY:

EU WILL GAIN POW= ERS ABOVE AND BEYOND

UK DIPLOMATIC AND CONSULAR AURHOTIRIES

[ARTICLE 20]

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 20

Amendment:

Clause 2, page 1, line 12, leave out ‘any’ and insert—

‘(i) Article 1, paragr= aph 39, amendments to Article 20 TEU relating to diplomatic and consular missio= ns; 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:

“39) Article 20 shall be amended as follows= :

(a) in the first paragraph, the words "Commission delegations" shall be replaced by "Union delegat= ions" and the words "the common positions and joint actions adopted by the C= ouncil" shall be replaced by "decisions defining Union positions and actions adopted pursuant to this Chapter";

(b) in the second para= graph, the words "information, carrying out joint assessments" shall be replaced by "information and carrying out joint assessments" and = the words "and contributing to the implementation of the provisions referr= ed to in Article 20 of the

Treaty establishing the European Community" = shall be deleted;

"They shall contribute to the implementation= of the right of citizens of the Union to

protection in the territory of third cou= ntries as referred to in Article 17(2)(c) of the Treaty on the Functioning of the European Union and of the measures adopted pursuant

to Article 20 of that Treaty.&qu= ot;.”

Consolidated Treaty Article(s):

= 220;Article 20

The diplomatic and consular mi= ssions of the Member States and the Commission delegati= ons in third countries and international conferences, and their representations to international organisations, shall cooperate in ensuring that the common positions and joint actions adopted by the Council= are complied with and implemented.

They shall step up cooperation= by exchanging information, carrying out joint assessments and contributing to = the implementation of the provisions referred to in Article 20 of the Treaty establishing the European Community.”

Explanation:

Under this provision of the Li= sbon Treaty, we will have Union deleg= ations instead of Commission delegations and "decisions defining Union positions and actions adopted pursuant to this Chapter" rather than the Member States’ “common positions and joint actions.” Under the present Article, “The diplomatic and consular missions of the <= st1:PlaceName w:st=3D"on">Member States and the Commission delegations in third countries and international conferences, and their representations to international organisations, shall cooperate in ensuring that the common positions and joint actions ado= pted by the Council are complied with and implemented.” =

The EU will gain significant p= owers over protection of individuals through diplomatic and consular authorities, particularly in terms of enforcing a system of European rights. The Lisbon Treaty also adds the following provision “"They shall contribute= to the implementation of the right of citizens of the Union to protection in t= he territory of third countries as referred to in Article 17(2)(c) of the Trea= ty on the Functioning of the European Union and of the measures adopted pursua= nt to Article 20 of that Treaty." This provides a new legal base for legislation relating to protection by diplomatic and consular authorities [= Article 20 TFEU] instead of Member State negotiations between themsel= ves

The= Lisbon Treaty provides for “directives establishing the coordina= tion and cooperation measures necessary to facilitate such protection." The Council will act by a qualified majority vote, after consulting = the European Parliament. This provision emphasises = that the new EU diplomatic service will take priority and will take actions to the detriment of the Member States.