No. 2 No. 11 June 2011 June 2012

Some Reflections on the Results and the Working Methods of the Belgian EU-Presidency in 2010

Willem Van de Voorde

the introduction of the new Lisbon Treaty came indeed a transitional period in which In this Policy Brief, Belgian new power relationships and balances had to diplomat Willem Van de Voorde be found, moreover in a very difficult offers his hands-on view on the situation of economic and monetary crisis. Belgian EU-Presidency in 2010; including the key lessons of this The efficient implementation of the new post-Lisbon Treaty “new style” treaty and the fight against the financial and rotating presidency. He argues that economic crisis were the two main threads despite the major implications of running through the Belgian EU presidency the Lisbon Treaty, notably the new programme. permanent President of the Having been involved very closely at European Council, the rotating headquarters level in the preparation and presidency can still play a central conduct of the EU presidency by , role in the EU decision-making this contribution contains a personal analysis process. of how the EU presidency “new style” was

working and of some likely trends in the Introduction future. Since then several detailed studies have been published at academic level, most Belgium exercised the presidency of the th often however based on extensive interviews Council of the European Union for the 12 1 with the principal actors. time in the second half of 2010. It was obvious to an even superficial observer that 1 this experience would again be completely Two major publications are: VAN HECKE, S. and BURSENS, P. (eds.), Readjusting the Council different from all the previous times. With Presidency - Belgian leadership in the EU, ASP, , 2011, 288 p.; Res Publica, Themanummer:

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Although an EU presidency also presents a programme.2 In order to present and grasp huge logistical and financial challenge for a the multitude of issues at stake, the Member state, the main emphasis of this programme was structured around 5 major Policy Brief is on the preparation and the clusters of themes, to which was added a implementation of the programme. horizontal cluster of issues associated with the implementation of the Lisbon Treaty. The incoming Belgian presidency operated during an institutional transition phase in The fight against the financial and which significant new functions or economic crisis and the strengthening of procedures of the European Union were European economic governance was without applied for the first time. On top of that the doubt the most important cluster, both in the Belgian government fell in April 2010 and planning phase and later in the table of entered in a very long period of current results. affairs. Although the initial expectations were The second major area of activity involved somewhat tempered by these challenging foreign relations. It concerned not so much circumstances, the members of the Belgian the traditional European Common Foreign government and their staff felt from the and Security Policy which had come under beginning of their term that they enjoyed the the auspices of the High Representative since full confidence of their European partners. 1 December 2009, but rather external trade These told us openly that the experienced, policy and enlargement negotiations. proactive, Europe-friendly Belgian government system was actually ideally The cluster climate, environment and placed to steer the EU through this delicate energy was a third important axis. In the transitional period, which was moreover second half of 2010 two major international suffering under the worst economic crisis conferences were scheduled, where the since World War II. Belgian presidency was responsible for coordinating the European position and its Priorities of the Belgian EU Presidency negotiation on site: the 10th Conference of As a result of the dizzying growth of the Parties to the Convention on Biodiversity European action in the past twenty years, the in Nagoya (Japan) between 18 and 29 coordination of an EU presidency October 2010 and the 16th Conference of programme has become a very complex and the Parties to the International Climate comprehensive activity. During an inventory Conference3 in Cancun (Mexico). exercise in the final stage of the preparation, The strengthening of the social dimension approximately 500 subjects or legislative of the EU was the fourth major field of proposals under discussion (though of action. varying importance) were found, covering all council formations and subordinate working groups. Some 200 subjects were eventually mentioned in the official Belgian presidency 2 See the website of the Belgian Federal Parliament. Belgisch EU-voorzitterschap, Vol. 53 (2011/3), pp. 3 United Nations Framework Conference on 269-362. Climate Change (UNFCCC).

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A fifth major thematic cluster was built agenda. This also means that the different around the vast area of justice, home chairmen pursued the role of “honest affairs, asylum and immigration. broker”, aiming at a favourable European negotiation result by implementing the A final cluster of issues concerned a number European agenda (which is largely inherited of diverse and important measures to from previous presidencies), while keeping a implement the Lisbon Treaty, such as the certain distance from the national position. A creation of the European External Action second factor of success was the option to Service (EEAS), the citizens’ initiative and use right from the beginning all the the European budget for 2011. opportunities of the new Lisbon Treaty, to keep the transition periods, which are Evaluation of the Belgian EU Presidency sometimes unavoidable, as short as possible The overall evaluation of the Belgian EU and to give full political space to the new presidency was very positive and this was not actors of the Lisbon Treaty, namely Herman only due to the somewhat tempered Van Rompuy and Catherine Ashton. expectations by the end of June 2010 as a Finally, one may add some famous Belgian result of the difficult government formation negotiating attitudes that bear fruit in the in Belgium. Both the domestic and foreign complex European context: compromise media praised in particular the seriousness, oriented pragmatism, patient perseverance the perseverance, the professionalism of the and cooperative listening capacity. Belgian presidency and the high number of concrete results, all related to the EU agenda. First experiences with the EU Presidency A calculation of the Council Secretariat “new style” shows that in the second half of 2010 an The Lisbon Treaty has undoubtedly had a agreement was found between the Council major influence on how Member States have and the on 39 exercised the EU presidency from 2010. It is 4 legislative texts. Some 15 other important obviously still too early for definitive or but non-legislative decisions, conclusions or thorough evaluations. Yet three things are realizations could be added to that. already clearly visible: first, the rotating presidency keeps a central place in the In his closing speech to the European European decision-making process, whatever Parliament on 18 January 2011, Prime some observers may have said ; second, the Minister concluded that the management of the European agenda has not EU and the Lisbon Treaty “worked well”.5 In become easier, rather on the contrary ; and his opinion, the following factors of success finally, Belgium has from the beginning of were relevant: first, the deliberate choice of the implementation of the Lisbon Treaty the Belgian government(s) to focus on used the chance to prove that the complex completing a European rather than a national governance of the Lisbon European treaties can work and produce results provided a 4 Consilium, Dossiers en codécision clôturés après number of constructive attitudes are present. l'entrée en vigueur du Traité d'Amsterdam. 5 LETERME, Y., Concluding speech before the European Parliament, 18 January 2011.

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Nine out of ten council formations remain previously, the Eurogroup/ECOFIN completely under the responsibility of the Council.7 Compared with the situation now, rotating presidency, i.e. from working group the presidency of the European Council to ministerial level. The presidency of the seems to have been a simple matter in the European Council has become permanent, past: the Prime Minister of the Member State but almost all its subordinate preparatory holding the presidency set the agenda and bodies remain in the hands of the rotating was able to steer his ministers and the presidency: the General Affairs Council, underlying working groups in the desired COREPER, and most of the underlying direction through their national government working groups. The biggest change has work. The same was true when themes of occurred in the area of the Common Foreign foreign policy were involved. Since 2010, and Security Policy, where most bodies have however, this practice belongs to the past: been given a permanent president, with the the President of the European Council sets High Representative at the top of the the agenda for its meetings, albeit in pyramid. The Lisbon Treaty has in the end consultation with the rotating presidency and not resolved the struggle6 between supporters probably also in consultation with the High and opponents of a rotating presidency and Representative (the rules of procedure do not we have to live now with a hybrid system. formally require the latter consultation).8 The Both configurations have advantages and Belgian EU presidency has demonstrated that disadvantages. After nearly ten years of this complex collaboration can work, intense negotiations and debate, one can only provided additional consultation procedures conclude that the European "constitutional” are maintained. The Treaty of Lisbon rightly legislators have deliberately chosen for a wanted more continuity and top down rather ambiguous system. Practice will prove impulses to the Council and the creation of whether this system works and whether the permanent chairmen was a logical answer to success of the Belgian presidency in 2010 was these needs. But this gain has a downside, exceptional or whether it is fit for emulation. because the complexity of decision-making has increased, and the new treaty has not The following sections address specific key provided specific consultation or arbitration issues of the practice of the EU Presidency processes. One of the major challenges of the under the Lisbon Treaty. Belgian presidency was to organize for the first time systematic consultations between Increasing complexity requires a new form of cooperative federalism the rotating presidency, the High Representative and the Presidents of the As mentioned above, in a number of council formations the vertical "chain of command" 7 To the Eurogroup belong the ministers of finance has been broken: the Foreign Affairs of the eurozone and they form an informal meeting of ministers separate from the ECOFIN council to Council, the European Council and, which they also belong. The Eurogroup was formally acknowledged in the Treaty of Lisbon and played a key role during the crisis years of 2009- 6 VAN de VOORDE, W., Plädoyer für das 2010. Rotationsverfahren in der Ratspräsidentschaft der 8 Rules of Procedure of the European Council: Europäischen Union, Integration, 25. Jahrgang, Official Journal of the EU, L, 2009, nr. 315, p.51- Oktober 2002, p. 318-325. 55.

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European Council, the Commission and the Council, Commission and Parliament, i.e. the Parliament, at both the administrative traditional role of the presidency. It is (Permanent Representative, Secretary therefore no exaggeration to say that the General) and the political level. Treaty of Lisbon has established for the first time a promising but demanding new kind of The Belgian presidency was eager to maintain cooperative federalism. regular contacts with the leading persons of all major European institutions in order to Greater attention is required for the follow-up and handle smoothly the key issues increased role of the European on the negotiating table. These meetings were Parliament essential in shaping the governance of a The legislative and supervisory role of the renewed and more complex EU. Sometimes European Parliament (EP) has been the rotating presidency played the role of substantially expanded by the Lisbon Treaty, moderator by bringing together actors who requiring a different approach by the rotating would otherwise hardly talk to each other. presidency. It is sufficiently known that the Deputy Prime Minister Steven Vanackere, “ordinary legislative procedure”10(the former Chairman of the General Affairs Council in “co-decision”, based on qualified majority the second half of 2010, at his final news voting in the Council) has become the conference on 20 December 2010 strikingly normal rule for the legislative work in the compared the new EU presidency with the EU, exactly as the name suggests. Less differential in a car: this is not an additional known is that the Lisbon Treaty has caused a wheel of the car but a mechanism to revolution in the voting procedure of the coordinate the smooth running of the four annual budget. Council and Parliament are 9 existing wheels of a car . The role of the now equally responsible for the adoption of national Prime Minister has been formally the annual budget, whereas the European reduced and he receives much less visibility, Parliament previously used to play a minor but it turned out that he continues to play an role. This change not only made the important role behind the scenes as discussion of the annual budget of the EU coordinator of his own government team; for 2011 much more difficult, but its effect thanks to targeted contacts with the was also immediately felt in unrelated areas presidents of the Commission or the that have however budgetary implications. European Parliament he was able to intervene helpfully in specific cases. It is now Discussions in 2010 between the Council and the challenge for the next rotating the Parliament on the establishment of the presidencies to further develop this European External Action Service (EEAS) moderating role between the different were a good example of this trend. The permanent presidents, with respect for the European Parliament could only give an respective competences of each. In so doing opinion on the basic act, a Council decision a more structured dialogue between the of 26 July 2010.11 This decision, however, institutions may arise, in addition to the already well-established negotiations between 10 Art. 294 TFEU. 11 Official Journal of the EU, L, 2010, nr. 201, p. 9 See the website of the Belgian EU-presidency. 30-40.

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could only be applied after the approval of an the Council and the Parliament in several amendment to the financial regulation (which cases proved to be very arduous and time- gives the EEAS the status of a separate entity consuming. The conduct of these discussions with budgetary autonomy) and of an nowadays is one of the most important tasks amendment to the staff regulations of the of a presidency. Many observers still think a European civil servants. These two presidency essentially means presiding complementary but necessary decisions were meetings of ministers or civil servants in the subject to the ordinary legislative procedure, framework of the Council, but that role has giving the European Parliament as much been substantially expanded with a power as the Council. Moreover, the EEAS parliamentary dimension since the needed an operating budget from the 1 introduction of the Lisbon Treaty. December 2010, its official start of Gradually, the presidency has had to adapt to operations, requiring an amendment to the a certain degree of unpredictability in the 2010 budget and to the budgetary procedure political negotiations with the Parliament: it 2011 that had already had been started. For may well chair and organize the Council both budget amending procedures the work, but it has no say in the decision- approval of Parliament was required. making process or the organization of the From the beginning of 2010 it became clear work of the Parliament. It can only try to that the European Parliament would consider optimize the mutual cooperation by setting all the elements for establishing the EEAS as up a relation of confidence with the key a single package, thereby circumventing its members of the EP. That is exactly what the limited participation in the decision of the Belgian EU presidency has aimed to do from basic act. In so doing it hoped to increase the the preparatory phase of the presidency influence of the Commission and its own onwards. controlling functions of the EEAS. On 21 The necessary preparations were made well in June 2010, in the last days of the Spanish advance: the parliamentary cell in the presidency, the Council, the High Permanent Representation was strengthened; Representative, the Commission and the the State Secretary for European Affairs, European Parliament reached a political Olivier Chastel, undertook extensive rounds agreement on the basic parameters and of preparatory contacts with key members of procedures of the EEAS and on 26 July 2010 the EP; and finally, timely and well-prepared the Council approved the basic act. The individual contacts were established in the additional decisions (staff regulations, last days before the beginning of the financial regulation and budgetary presidency term between all the responsible amendments) were finally agreed in early ministers and officials and their counterparts November, after rather difficult negotiations in the European Parliament. All incoming with the EP. presidencies will have to pay careful attention This is in fact an example of a rather unusual to this dimension from now onwards. negotiation. The conduct of negotiations in the ordinary legislative procedure is probably more relevant: here the negotiations between

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Reduced visibility as a political price for relations. Member States would not only more consistency and uniqueness loose the direct contact with foreign affairs, The reduction of the political visibility for the but also gradually lose their interest in it. This rotating presidency in the field of external evolution – if it is true – would be deplorable relations is a remarkable side effect of the for the European institutions, because they entry into force of the Lisbon Treaty: need a continuous interest of the Member according to the Treaty (Article 15 TEU), the States in order not to act in a vacuum. There President of the European Council “shall, at is no simple recipe to make up for this his level and in that capacity, ensure the potential loss of interest: all players will have external representation of the Union on to recognize that the gain in coherence and issues concerning its common foreign and unity (one of the objectives of the Lisbon security policy, without prejudice to the Treaty) carries the price of a reduced powers of the High Representative of the ownership of the Member States involved. Union for Foreign Affairs and Security But this need not be the end of the story. Policy”. The introduction of this principle is The new permanent chairmen of the considered one of the major achievements of geographical Council working groups (which the Lisbon Treaty. Some aspects of this now no longer fall under the rotating principle were felt in practice rather soon, presidency, but are presided by an official of such as the President's responsibility for the the EEAS) will have to be aware of this need organization of summits with foreign heads and will have to develop mechanisms in of government. It is understandable that this order to generate the interest of the Member change initially caused a certain confusion States and to keep their feeling of ownership about the respective roles of the President of as intact as possible. This obviously applies the European Council and e.g. the Spanish equally to Baroness Ashton and to the new Prime Minister in the preparation of the EU- permanent President of the Political and US summit, which was initially foreseen in Security Committee (PSC). The Member Madrid in February 2010 (it was eventually States, on the other hand, will have to resist cancelled). But what are the implications of “abdicating”, should remain active at every this new approach in the longer term? What level of the decision-making process and are the effects on third countries or on the should continue to think along with the perception of the EU by third countries? presidency, in order to provide it with What are the effects on the effectiveness of impulses. European foreign policy, supposing this is In the second half of 2010 two major measurable? What are the effects on the role summits took place: the ASEM summit in of the national diplomacies of Member Brussels on 4-5 October and the EU-Africa States? The consequences are potentially Summit on 29-30 November in Tripoli. In wide ranging, but it is still too early to make addition, eight bilateral summits between the accurate estimations. EU and third countries were held.12 A complaint one often hears is that the new system negatively affects the “ownership” of 12 the Member States in matters of foreign With Russia, the US, Brazil, South-Africa, China, India and South-Korea. Apart from the summits

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According to the new treaty, Herman Van introducing continuity, trust and experience Rompuy chaired these summits, even though at the top of the EU, his role cannot be he had to rely largely on the preparatory work overestimated in bringing on track, together by the Belgian EU presidency, given the with Commission President Barroso, the new transitional arrangements that were still valid Europe 2020 Strategy for Growth and Jobs, at that time. The Belgian Prime Minister Yves or in defining a more integrated European Leterme was hosting the ASEM Summit in economic governance,13 or in the rescue Brussels and this offered him of course a plans for Greece and Ireland, and thus also certain visibility, but the agenda was fixed by for the Eurozone. For her part the High Van Rompuy and he led the discussions. For Representative, after difficult initial months, subsequent presidencies, which are not so gradually managed to catch the attention of lucky to have their national capital coincide the Member States to reassess, for instance, with the European capital, it will be harder to the relations between the EU and its accept this change. “strategic partners” and succeeded in developing her role as principle point of A stronger top-down steering process, contact for the EU in the Middle East Peace created and consolidated in times of Process. Such processes take a lot of time, crisis top-down leadership and perseverance, and Above it was stated that the role of the could never be developed efficiently by rotating presidency remains substantial, as it rotating presidencies. stays in the driving seat in nine out of ten council formations. At the same time it is The stronger guiding role from the top can obvious that top-down driving forces have also be derived from a notable trend in 2010 gained significantly in importance – exactly to shorten the conclusions of the European what the authors of the Lisbon Treaty Council, particularly in the field of external wanted in the context of an ever growing and relations: rather than undergoing time- diversifying EU. This transformation consuming discussions about public texts happened at a vulnerable and crucial moment that considerably restrain their negotiating in European history, amid an economic and margins, the Presidents of the European financial crisis that shook the foundations of Council and the Commission chose for more achievements such as the euro or the freedom by proposing brief conclusions, European social and economic model that allowing them more bargaining room in their were supposed to be unassailable. Suddenly, contacts with leaders of third countries. the President of the European Council received the opportunity to demonstrate how this permanent function, looking far beyond the limited 6-month time horizon of the 13 Another permanent president played an traditional presidency, could give an added important role in this context: under the value to the new governance of the EU. By chairmanship of Jean-Claude Juncker, the Eurogroup prepared e.g. the budgetary rescue operations for Ireland and Greece and designed the main characteristics of the future European with Brazil and the US, they all took place in financial Stability Facility (EFSF): declaration of the Brussels. Eurogroup of 28 November 2010.

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Conclusion 2008 and June 2011 he was deputy to the Director-general for EU affairs at the Belgian In conclusion one may say that the driving Foreign Ministry, in charge of the preparation role of new permanent presidents in times of of the EU presidency program. crisis and the simultaneous transformation of the traditional EU presidency have given a This text is a shorter version of his article "Het fairly widely accepted legitimacy to these Belgische Voorzitterschap van de Raad van de centralizing tendencies more quickly. The Europese Unie in 2012", Recht in Beweging - dramatic economic circumstances of 2009- 19de VRG alumnidag 2011, Antwerpen Maklu 2010 may have eased the major 2011, pp. 119-140. transformation of the traditional EU presidency. However, the adaptation of the EU to its new power structures and working The European Policy Brief is a publication of Egmont, methods will require several more years of the Royal Institute for International Relations trying and searching. It is obvious that the rotating presidency can play an important EGMONT Royal Institute for International Relations moderating role in this. The Belgian EU Naamsestraat 69 presidency has tried with some success to 1000 Brussels develop this role, but less constructive BELGIUM episodes cannot be excluded in the coming > www.egmontinstitute.be years. The opinions expressed in this Policy Brief are those of the Willem Van de Voorde is a Belgian Diplomat. authors and are not those of EGMONT, Royal Institute for He currently is deputy head of cabinet of the International Relations Belgian Foreign Minister; between august

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