IRISH campaigners have
exposed hidden clauses in
the proposed EU Constitution that would effectively open up public health and education services to
A last minute addition to the Common Commercial Policy
(Article III-217, 4b)states that the Council of Ministers will act unanimously for the negotiation and conclusion of international trade agreements in the fields of social, education and health services - but only where these agreements risk 'seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them'.
Campaigners from the Dublin-based Democracy and Public Services in Europe group (DAPSE) point out that
"This implicitly recognises that international trade agreements pose risks to public services. We welcome the recognition that the use of Qualified Majority Voting (QMV) for the negotiation of International trade agreements, trade including in the GATS, would facilitate trade liberalization.
"This risks introducing commercial criteria into the provision of public services and threatens universal access to high quality public services.
"Unfortunately the addition that unanimity will be required to block agreements does not offer significant protection against the pressures towards liberalization."
The European Commission will have the exclusive right to negotiate international trade deals in services, including all public services. QMV will be used to decide the contents of the deal except in the circumstances previously outlined.
The constitution also seeks to establish the principle that international trade in health and education services is acceptable, since it removes an existing power of veto on such trade, with only the caveat in 4b, above.
DAPSE also argues that
"The Constitution does not define what constitutes 'seriously disturbing the national organisation of such services'. What criteria will be used to evaluate risks? What body will establish these? There is no mention of universal access, availability of services or qualCity of service. "Since the initiative lies with the Commission, it will presumably make the initial evaluations as to what aspects require unanimity - on the basis of its own criteria. Both the Commission and Trade Commissioner Pascal Lamy are proponents of liberalization of trade in all public services and of QMV for trade negotiations." If a Member State wished to veto a trade proposal, it would have to challenge the Commission's criteria for the use of QMV in the European Court of Justice (ECJ). A Member State that wanted to resist the opening of trade in health or education services would be under pressure to make concessions. This is a much weaker position than being able to oppose the principle of such trade deals through a veto. DAPSE warns that: "In the absence of clear criteria for when different forms of voting should be "There is no should be used, the provision for Commission has a
blank cheque to the reversal of
narrow the grounds
trade on which Member agreements if States can block they are found deals.
after "There is no proviimplementation sion for the reversal
of trade agreements to have had if they are found after unforeseen Implementation to effects. have had unforeseen
effects. *The entire process is made worse by the lack of transparency. The Article 133 Committee deliberates in secret and no detailed information is published until after deals have been finalised by the Council of Ministers." For these reasons, DAPSE believes that the additions in the final draft of the Constitution will have little real impact in protecting services. "The Common Commercial Policy establishes the principle of international trade in all public services. It will, in practice, allow for QMV in most circumstances. "Because of the central importance we attach to the protection of public services from commercialisation, DAPSE regards the final draft of the Common Commercial Policy and consequently the EU Constitution as unacceptable." • For copies of briefing papers or details of meetings, please contact: mailto:[email protected] [email protected]