Giscard forum set to unveil controversial EU ‘exit clause’

Date: 03/04/03

By Dana Spinant

MEMBER states will have the right to quit the EU - unilaterally and unconditionally - under unprecedented plans to be unveiled by the praesidium of the Convention on Europe's future.

The forum's steering group will publish details of the controversial proposal tomorrow (4 April).

Under Article 46 of the constitution being drafted by Valéry Giscard d'Estaing's forum, a state will be able to withdraw from the Union within two years, even if no agreement is reached by the rest of the member states on the divorce terms.

At present there are no such provisions in the treaties to allow a state to leave the Union.

The plan is strongly opposed by the European Commission: it fears a voluntary 'exit clause' could result in the political equivalent of a game of 'dare'.

In the words of one senior Commission official, countries could threaten to leave "as a blackmail against their fellows" in order to obtain concessions in negotiations.

The risk of such secessions would weaken and complicate the Union, he added.

Commissioners also fear Eurosceptic member states could take advantage of the clause.

For instance, they might leave on the basis that they would still enjoy the economic benefits of remaining in the European Economic Area without having to fork out for some of the more burdensome membership obligations.

However, MEP Iñigo Méndez de Vigo defended the stance taken by the praesidium. "We all say the Union is a voluntary exercise. You have to ask to join it; you should be able to leave it as well."

The Spaniard believes the exit clause would be a "clear political signal" of encouragement for countries which had opted so far not to join the Union for fear of being trapped.

Article 46 of the draft treaty spells out a three-stage procedure for voluntary withdrawal.

Under it, a state could decide "freely, individually and unilaterally" to quit the EU. After announcing its intention to fellow member states, the exit terms would require a two-thirds majority in the Council of Ministers (excluding the country seeking to secede).

The departure would be effective once the withdrawal accord enters into force. However, the state could not be trapped by delays in reaching such an accord: if no agreement on the divorce terms is reached within two years of a country announcing its intention to leave, it would be free to go in any case.

"This allows member states to quit the Union without being prisoners of a vote in the Council," a Convention official confirmed.

However, the Commission fears the clause would send the "wrong signal at a time when ten new members are joining the Union and ahead of ratifications.

"It would also send the message that [being part of] the European Union only entails rights, but no obligations for member states," said one official.

But there are differing views within the EU executive.

Another official lambasted the College of Commissioners for rejecting an explicit exit clause.

"They [the commissioners] simply live on a different planet. The praesidium will propose such a clause, and a majority of the Convention wants it.

"What is the point of taking this hardline, old-fashioned, pseudo-federalist stance?"

Two member states, Ireland and Denmark, initially opposed such a clause but have toned down their objections.

However, after failures to ratify treaties in the past (the Irish rejected the Nice Treaty in 2001 and the Danes turned down Maastricht in 1992), the two governments fear the clause will open a 'Pandora's box' and encourage Eurosceptic factions in their countries to demand secession.

A compromise suggested by Institutional Affairs Commissioner Michel Barnier, who sits on the praesidium of the 105-strong Convention, is to link the withdrawal to ratification of the constitutional treaty.

Under this scenario, a country would be allowed to leave the Union if it refused to accept a modification of the constitution, an official said.

Member States will have the right to quit the EU - unilaterally and unconditionally - under unprecedented plans to be unveiled by the praesidium of the Convention on Europe's future on 4 April 2003.