Merkel seeks short and sharp talks on treaty

The German presidency of the EU has confirmed that it wants a short intergovernmental conference focusing on only a very small number of issues to agree new treaty changes.

A letter sent to all EU leaders’ chief representatives on renegotiating the constitution last week says that there should be an intergovernmental conference with a "very precise and limited mandate" starting as soon as possible after the June summit. This would make it possible to "place the EU on a renewed common basis" before the European Parliament elections in 2009, as the Berlin declaration stated, referring in a disguised way to the need to agree new treaty changes by then. To keep to this deadline, "every effort will have to be made to restrict changes to what is absolutely necessary to reach an overall agreement and to ensure ratification by all member states", the letter says.

The letter, sent ahead of a round of consultations due to take place from 23 April until 4 May, says that the starting point for discussions should be the "substance of modifications" of the Nice treaty agreed as part of the constitutional treaty. It asks member states for their views on which aspects of the constitution should be reopened, listing twelve different questions.

These include:

• returning to the classical method of treaty changing while preserving the single legal personality and overcoming the pillar structure of the EU;

• preserving the consolidated approach of Part I of the treaty while making "necessary presentational changes" resulting from the classical method of treaty changes;

• using different terminology for the title of the treaty, the names of treaty acts and the EU’s minister for foreign affairs;

• dropping an article referring to symbols of the EU;

• dropping an article which states the primacy of EU law;

• replacing the full text of the Charter of Fundamental Rights with a cross-reference having the same legal status;

• not reopening the "balanced package" of institutional changes made by the constitution;

• which elements are an "indispensable part of the overall compromise";

• referring to new challenges such as energy, climate change or illegal immigration;

• including the criteria for enlargement in the treaty;

• addressing the EU’s social dimension;

• applying opt-in/opt-outs to new policy provisions of the constitution.

Many of the suggestions listed by the presidency reflect concerns by the UK and Dutch governments that a new treaty should not have the form, title or characteristics of a constitution but should be closer to traditional treaties which revise previously existing ones. The Dutch government has also said that references to the symbols for the EU should be dropped. The UK and Czech governments would be happy to see the Charter of Fundamental Rights removed from any new treaty text.

The German presidency wants EU leaders to sign up to a short intergovernmental conference with a limited mandate at the summit on 21-22 June.

• See also this week's Analysis.

The German presidency of the EU has confirmed that it wants a short intergovernmental conference focusing on only a very small number of issues to agree new treaty changes.

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