European Council, Nice, 7-11 December 2000

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Publication Date 09/12/2000
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The longest ever European Council was held in Nice between 7-11 December 2000. The meeting was effectively a two-part affair: the business of the 'normal' European Council was completed by the end of the second day; leaders then moved on to tackle a number of contentious issues associated with the institutional reforms required to prepare the Union for enlargement. After a marathon 18-hour final session which spilled over into early Monday morning, this element of the Summit finally resulted in the Member States adopting a new Treaty - the Treaty of Nice.

The meeting opened with a speech by Mrs Nicole Fontaine, President of the European Parliament, in which she addressed the main topics for discussion.

The Presidency Conclusions issued on Friday, 8 December, set out the decisions of the European Council under the following main headings:

I. Charter of Fundamental Rights

II. Enlargement

III. Common European Security and Defence Policy

IV. A new impetus for an economic and social Europe

V. Citizens' Europe

VI. External relations

At 4.30 a.m. local time on Monday, 11 December, leaders announced that the text of a new Treaty had been agreed.

Background

Amongst the issues addressed by the Nice Summit, the most significant and contentious were:

  • Fundamental rights
  • Security and defence
  • Institutional reform

To the surprise of many observers, agreements on a Charter of Fundamental Rights and on the establishment of a European defence force were reached relatively quickly. Much preparatory work had already been done on both issues.

The text of the Charter of Fundamental Rights was drafted by a 'Convention' comprising Members of the European Parliament, a member of the European Commission, and representatives of the European Council and national parliaments. It first met in December 1999. (For further details, see In Focus: Charter of Fundamental Rights, July 2000). An early draft was endorsed by the Biarritz European Council (see In Focus: Informal European Council, Biarritz, 13-14 October 2000, 15.10.00).

Development of a military capability was discussed at the Helsinki European Council (see In Focus: European Council, Helsinki, 10-11 December 1999), and under the Portuguese Presidency at both Sintra and Feira (In Focus: Informal meeting of Defence Ministers, Sintra, and launch of the Political and Security Committee, February-March 2000; In Focus: European Council, Feira, 19-20 June 2000, 24.6.00).

Enlargement is the driving force behind the need to reform the way the Union works. Decision-making for a 15-member Union can be difficult enough - witness the outcome at Nice. With the prospect of membership approaching 30 over the next few years, it is accepted that the decision-making machinery devised in the early 1950s for an original six participants would simply be too cumbersome for a modern Union. There are, however, many highly contentious issues to be resolved, including:

- size and composition of the Commission. There are currently 20 Commissioners (including the President), with larger Member States having two and smaller Members having one. Prior to the Nice Summit, it was thought by some that the number of Commissioners would be limited to 20, with no Member having more than one and, at any given time, some States having no representative on the Commission.

- weighting of votes in the Council. Smaller countries have argued that they lose out to their larger neighbours, because of the way votes are currently distributed. The larger Member States naturally wish to retain their relative power.

- extension of qualified-majority voting. QMV is now used for decision-making in many areas of policy. However, there are still issues upon which Members have the right of veto - including taxation and social security. Countries with a more Euro-sceptic electorate - such as the UK - want to retain the veto; others would like to see QMV further extended.

Discussions on these and other issues concerning the institutions' preparedness for enlargement, formally started when an Intergovernmental Conference (IGC) was convened in February 2000.

Decisions taken at Nice

(Frequent references are made below to future meetings of the European Council. Those currently scheduled under the Swedish Presidency are: Stockholm, 23-24.3.2001 - Special Meeting of the European Council; Göteborg, 15-16.6.2001 - European Council).

  • I Charter of Fundamental Rights

The Charter was formally proclaimed by the Council, the European Parliament and the Commission. The text of the Charter brings together "the civil, political, economic, social and societal rights hitherto laid down in a variety of international, European or national sources". Whilst suggesting that the Charter be "disseminated as widely as possible amongst the Union's citizens", leaders avoided the question of the Charter's legal status.

  • II Enlargement

The European Council endorsed the General Affairs Council conclusions of 4 December 2000 [French] on the Commission's proposed strategy for enlargement, and emphasised that "those countries which are the best prepared will continue to be able to progress more quickly". The strategy will be reviewed in June 2001 at the Göteborg European Council.

The European Council suggested that countries joining the Union from the end of 2002 would be able to take part in the next European Parliament elections.

The Commission was asked to propose a programme for strengthening the economic competitiveness of frontier regions.

Turkey's progress in implementing the pre-accession strategy was welcomed, and it was requested to submit its national programme for adoption of the acquis.

  • III Common European Security and Defence Policy

The European Council approved the Presidency report on the European Security and Defence Policy. The Swedish Presidency was invited to ensure that the Union's operational capability be enabled as quickly as possible. A further decision is to be taken by the European Council "as soon as possible in 2001".

  • IV Economic and social Europe

A. Social Europe

Social Agenda

A European Social Agenda was approved. The text annexed to the Presidency Conclusions defines priorities for action on social policy over the next five years, based on six strategic guidelines:

I. More and better jobs

II. Anticipating and capitalising on change in the working environment by creating a new balance between flexibility and security.

III. Fighting poverty and all forms of exclusion and discrimination in order to promote social integration

IV. Modernising social protection

V. Promoting gender equality

VI. Strengthening the social policy aspects of enlargement and the European Union's external relations.

Progress in implementing the Agenda will be reviewed by the European Council each spring, beginning with the Stockholm Summit in March 2001.

Other social policy issues discussed included:
- a European strategy for employment (the European Council noted the Commission's proposal on the employment guidelines for 2001);
- a European strategy against social exclusion and discrimination (Member States were invited to develop their priorities and submit a two-year national action plan by June 2001);
- the modernisation of social protection (in relation to retirement pension systems, a study on their long-term viability will be discussed by the Stockholm European Council);
- worker involvement (the Council was requested to complete, by the end of 2000, the texts enabling the Statute for the European company to be established).

B. Europe based on innovation and knowledge

eEurope 2002 Plan

Interim reports on the implementation of the Plan were noted; further discussions will take place at the Stockholm Summit.

Research and innovation

The Commission was asked to submit an initial report on progress made in achieving a European Area of Research and Innovation to the Stockholm European Council.

C. Coordination of economic policies

The euro

With reference to the euro, the European Council welcomed "improvements made to the workings of the Eurogroup", including the intention to extend the range of matters it deals with.

Leaders noted the progress made in preparing for the introduction of euro coins and notes, and asked for preparatory work to be speeded up. A number of key dates were identified:
- week of 9 May 2001 - information about the euro to be promoted as part of Europe Day activities;

September 2001 - presentation of euro coins and notes;

mid-December 2001 - making euro coins available to individuals;

31 December 2001 - introduction of euro coins and notes at midnight.

Tax package

The European Council welcomed agreement on the 'tax package', following the Feira Summit, and agreed that the Presidency and Commission will report on it to the European Council meeting in Göteborg.

Other economic policy topics included structural indicators and the regulation of financial markets.

D. Preparation for the spring European Council

In Stockholm, March 2001, the European Council will hold its first regular spring meeting specially devoted to the examination of economic and social matters on the basis of the synthesis report prepared by the Commission and relevant reports from the Council.

  • V Citizens' Europe

This section of the Presidency Conclusions encompassed a wide range of topics:

Consumer health and safety, BSE, Maritime safety, Environment, Services of general interest, Security of Union supplies in certain products, Area of freedom, security and justice, Europe of culture, Outermost regions, Island regions.

Amongst the decisions taken and statements made were the following:

Consumer health and safety - the European Council invited the Council and Parliament to speed up work so that the future European Food Authority may become operational as from the beginning of 2002.

Environment - with reference to climate change, leaders expressed regret that it was not possible to reach agreement at the conference in The Hague; the European Council supports the proposal to hold further (informal) discussions in Oslo before the end of 2000.

Concerning environment and sustainable development, the Summit decided that a European sustainable development strategy will be examined by the Göteborg European Council.

Asylum and immigration - the European Council noted progress on the policy established at Tampere, and asked "that the last remaining problems concerning the texts aimed at combating the traffic in human beings and illegal immigration be settled as soon as possible. . ."

  • VI External relations

Topics included:
- Cyprus
- the Mediterranean (leaders confirmed that the MEDA programme will be allocated EUR 5.35 billion for the period 2000-2006)
- the Western Balkans (the European Council stressed the importance of the contribution made by the Stability Pact and confirmed the prospect of accession for the five countries concerned, "in accordance with the conclusions of Cologne and Feira");
- development (the adoption of a Resolution on communicable diseases and poverty was welcomed).

The following annexes were attached to the Presidency Conclusions:

Annex I European social agenda;

Annex II Statement on services of general interest;

Annex III Council Resolution on the precautionary principle;

Annex IV Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies;

Annex V Council Resolution concerning an action plan for mobility;

Annex VI Documents submitted to the European Council in Nice.

The Treaty of Nice

At the time of writing, there was no official text of the new Treaty available. However, early news reports suggested that the following major points had been agreed:

The relative strength of the larger Member States will be enhanced, as they gain more votes in the Council of Ministers. Under the new mechanism, a majority will require 74.6&percent; of votes, rather than the previous 62&percent;.

By number of votes
29 - France, Germany, Italy, UK
27 - Spain
13 - Netherlands
12 - Belgium, Greece, Portugal
10 - Sweden, Austria
7 - Denmark, Finland, Ireland
4 - Luxembourg
By country
Austria 10
Belgium 12
Denmark 7
Finland 7
France 29
Germany 29
Greece 12
Ireland 7
Italy 29
Luxembourg 4
Netherlands 13
Portugal 12
Spain 27
Sweden 10
UK 29

Qualified Majority Voting (QMV) will be extended to a number of areas previously subject to national vetoes.

The areas still subject to veto are:
- international trade: specifically the film industry (argued by France) and transport (requested by Denmark and Greece);
- asylum and immigration aspects of Justice and Home Affairs (at Germany's insistence, the veto will remain until 2004);
- regional aid (until 2007);
- taxation and social security (both at the request of the UK).

On enlargement, no target date was set for expansion, although leaders said they hoped to open the doors before the next European Parliament elections in June 2004. (This appears to contradict previous statements to the effect that enlargement would commence from the end of 2002).

Further information within European Sources Online:

European Sources Online: Topic Guides:
- Common Foreign and Security Policy- The European Council- Defence in Europe

European Sources Online: In Focus:
- Informal European Council, Biarritz, 13-14 October 2000, 15.10.00
- The future development of the European Union: The debate continues with speeches by Romano Prodi, Strasbourg, 3 October 2000 and Tony Blair, Warsaw, 6 October 2000, 7.10.00
- Charter of Fundamental Rights, 30.7.00
- European Council, Feira, 19-20 June 2000, 24.6.00
- Informal meeting of Defence Ministers, Sintra, and launch of the Political and Security Committee, February-March 2000, 4.3.00
- Franco-German summit meeting, Mainz, 9 June 2000, 11.6.00
- European Council, Helsinki, 10-11 December 1999, 14.12.99

[Note: Topic Guides are periodically updated: if these links do not work, you can find the updated version by linking to Topic Guides: EU Institutions].

European Sources Online: European Voice:
- 23.11.00: France forced into U-turn on social policy
- 23.11.00: General Affairs Council/Defence Ministers meeting, 20 November- 23.11.00: Treaty reformers target services veto- 16.11.00: Plan to cap Commission size gains ground- 9.11.00: Double majority' plan revived in bid to break treaty deadlock- 9.11.00: EU ministers have reached broad agreement on a declaration on the distinctive status of sport to be adopted by Union leaders at their Nice summit next month, the Commission said this week- 19.10.00: Analysis - Prospects brighten for deal on treaty reform

Business Guide to EU Initiatives, October 2000
- Charter of Fundamental Rights
- Institutional Reform and the Intergovernmental Conference (IGC)

The Penguin Companion to European Union, October 2000
- Intergovernmental Conference (IGC)
- Treaties
- Treaty of Amsterdam
- Treaty of Paris
- Treaty of Rome

Glossary - Institutions, policies and enlargement of the European Union (European Commission, 1999)

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

Council of the European Union
- Nice European Council Meeting: Presidency Conclusions

French Presidency

Swedish Presidency

European Parliament
- Background Information: Parliament demands substantive results at Nice, 6.12.00
- The Week: Nice European Council, 29.11.00
- News Report: Nice summit: 'No treaty at all rather than a bad treaty', says Moscovici, 6.12.00
- The Charter of Fundamental Rights of the European Union
- The European Parliament and the IGC 2000
- Speech by Mrs Nicole Fontaine, President of the European Parliament, at the opening of the European Council of the Heads of State and Government of the European

European Commission:
- Nice European Council
- Intergovernmental Conference 2000
- Charter of Fundamental Rights
- Enlargement
- RAPID press releases:
- Conclusions de la PrésidenceConseil Européen de Nice 7, 8 et 9 décembre 2000, 11.12.00 [French]

European Commission: Press Release: DOC/00/30
- Romano Prodi: To Nice and beyond, 29.11.00

European Commission: Press Release: SPEECH/00/475
- Charter should ultimately be incorporated in Treaties, 11.10.00

European Commission: Press Release: IP/00/1148

Representation in the United Kingdom
- Background Briefing: The Inter-Governmental Conference

BBC News
- 11.12.00: EU strikes reform deal after marathon
- 11.12.00: EU leaders reach agreement
- 11.12.00: Analysis: The EU's rollercoaster summit
- 9.12.00: EU leaders lock horns

Nice Summit
- 5.12.00: Tightrope diplomacy in Nice
- 5.12.00: How the EU was built
- Redefining Europe
- 8.12.00: EU jargon decoder
- 5.12.00: Europeans on Europe
- Audio / visual coverage
- 8.12.00: European press review

7.12.00: Fears of a European superstate

20.11.00: Euro army explained

Europe Today

Guardian Unlimited:
- 11.12.00: EU summiteers betray a lack of vision
- 11.12.00: Sticking points - The key issues

Special Report: European Integration
- 7.12.00: The issues explained: the EU Summit in Nice
- 9.12.00: Blair feels heat over veto
- 9.12.00: Chirac gives way in row with Blair on NATO
- 9.12.00: First one to hit the panic button's a Euro-sissy
- 9.12.00: Tale of two Britains and two summits
- 8.12.00: Rapid reaction force 'not Euro army'
- 8.12.00: Chirac widens split on defence
- 8.12.00: Britain hails charter triumph

[European] Press review

Interactive guide: European integration

20.11.00: The European Rapid Reaction Force

FT.com
- 10.12.00: EU leaders reach general agreement on treaty revisions

The European Policy Centre
- 1.12.00: Will Nice be a success?
- 15.10.00: The Biarritz European Council - Clearing the Path to Nice?
- 4.10.00: The reform of the European Union: Nice and beyond
E-countries.com
- EU Nice Summit
- 07.12.00: Quibbles, rather than squabbles, in Nice
- 06.12.00: A debate over Europe's best defense
- 6.12.00: Tough talk likely at Nice summit

Nice-2000.org

Further and subsequent information on the subject of this week's In Focus can be found by an 'Advanced Search' in European Sources Online by inserting 'nice' AND 'council or treaty or summit' in the keyword field.

Eric Davies
Compiled: 10-11 December 2000

Discussion of events and achievements at the Nice European Council held in December 2000.

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