Italian plan offers key to flexibility

Date: 30/01/1997

By Rory Watson

AN ITALIAN blueprint for applying the principle of flexibility, which would give the European Commission a central role in triggering its use, is emerging as the most likely key to a deal on EU reform.

Under the carefully crafted formula, the Commission would be the only body which could table a proposal to allow a group of countries to move further and faster than the rest in a given area.

The plan also challenges head-on the UK government's insistence that such flexibility could only be allowed with the unanimous agreement of all 15 member states.

In addition, it contains a black list - on which the EU's four freedom of movement principles would certainly feature - of areas where the concept would not be applied. And it specifies that the Union's main institutions (the European Parliament, Court of Justice and Commission) would be fully involved in all stages of specific flexibility development and implementation.

“We see it as a way of maintaining the EU's dynamism, while still providing the necessary guarantees,” Italian Intergovernmental Conference negotiator Silvio Fagiolo said this week.

The Italian initiative comes as the Dutch EU presidency is drafting new legal language which would ensure that a majority of member states could in future forge closer policy cooperation without being thwarted by their more reluctant partners.

Although it was France and Germany which originally introduced the flexibility idea, and Portugal has also tabled a policy paper, officials closely involved in the negotiations believe that the Italian version will be the prototype for the final formula.

“People were very much aware at last week's foreign ministers' meeting that the discussion would be based on Italy's ideas. We certainly see it that way and consider it to be the starting point,” confirmed one Scandinavian diplomat.

Over the coming week, Italian Prime Minister Romano Prodi will try to enlist the support of UK Prime Minister John Major and German Chancellor Helmut Kohl for his plan at key meetings in London and Bonn.

“Flexibility is now very much at the top of the agenda and this is certainly one of the points the prime minister will raise,” said Fagiolo.

Prodi will explain in detail how he believes a multi-speed Europe could operate and make it clear that flexibility - or what he prefers to describe as “differentiated integration” - should only be triggered as a last resort if it becomes clear that it is impossible for all 15 member states to agree to a specific policy. That decision would be taken by majority vote, rather than requiring unanimity.

It is this element of the Italian scheme which is most likely to grate with the British premier.

Despite his overall support for more flexibility in the Union, Major believes it should only come into force if all 15 EU governments agree to apply it.

He is, however, unlikely to get his way. Most member states - and the Commission - firmly believe that it can only work if the unanimity hurdle is removed. Otherwise, they fear, a small group may be tempted to press ahead outside the EU framework, as many have already done by forming the Schengen free-movement zone.

As the IGC talks go to the heart of the institutional debate, Fagiolo is confident the ultimate wording will be close to Italy's own preference. “I feel the final balance will not be far from what Italy has put forward as we have been listening carefully to the concerns of other member states,” he explained.