Article 188 – The WTO and Unanimity
Thursday, May 29th, 2008Via Simon Coveney newsletter, 23rd May 2008
On Questions and Answers on the 12th May, when I was one of the panel of speakers, a Sinn Fein councillor claimed that under Lisbon Ireland would lose its ability to veto the World Trade Talks outcome, insisting that Article 188 if the Lisbon Treaty would mean that WTO talks would be approved by QMV, meaning that Ireland could be outvoted. If true (or if Sinn Fein manages to create the impression that it is true) it could do considerable damage to the support for the Lisbon Treaty among farmers and in rural Ireland.
I have checked with the Department of Foreign Affairs. They have confirmed the Sinn Fein claim is incorrect in two areas:
Firstly, even if the Treaty did change whether Ireland could veto a WTO deal (as explained later that does not change) the current deal, unless the talks are delayed beyond 1st January 2009 – which is unlikely – will come up for approval under current Nice rules.
Secondly, the World Trade Talks involves three different areas:
1. Agriculture
2. Industrial Products
3. Services
Under current Treaty rules, Agriculture and Industrial Products both already involve QMV, and have “always done soâ€. Services involves unanimity.
Under current European Community rules (the talks are carried out by the Community, not the Union, as the former not the latter has the legal personality to enable it to enter into contractual negotiations. That will change under Lisbon with the granting of legal personality to the Union) if one of the categories being negotiated on is covered by unanimity the final approval of the entire text must take place by unanimity.
That is clearly the case under WTO, as unanimity is used for the Services area. Therefore, while Ireland cannot itself veto the Agriculture segment of the deal, it can veto the entire deal, so axing the Agriculture deal in the process. That will not change under Lisbon. Ireland can block future WTO deal if it wishes once, as it invariably does happen, the negotiations contain a section covered by unanimity.
Quotes:
“Nothing in the treaty changes WTO negotiations and the EU stance on WTO negotiations will depend on the unanimous decisions of the member states.†Angela Merkel, Chancellor of Germany, speaking in the National Forum on Europe, 14th April 2008.
“The Member States will decide by unanimity – if they support or not the Doha conclusion; the WTO agreement.†Jose Manuel Barroso, President of the European Commission, speaking at the National Forum on Europe, 17th April 2008.