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MFA statement in relation to the decision-making rules for matters related to the Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP) of the EU

07.05.2023

In connection with proposals appearing in the political domain to introduce qualified majority voting (QMV) decision-making procedure in matters of the European Union's foreign and security policy, the Polish Ministry of Foreign Affairs recalls and reaffirms the position on this issue presented recently in the Polish Parliament by the Minister of Foreign Affairs Zbigniew Rau: Poland’s policy in the European Union aims to preserve the freedom of Member States in resolutely defending the principle of unanimity where the current legal situation guarantees it and to actually extend the consensus formula to where the legal situation permits the application of qualified majority rule.

MFA Statement

Decision-making process in areas pertaining to the Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP) of the EU are taken in principle by unanimity. This principle and intergovernmental character of this policy ensure that the interests of all EU Members are guaranteed and that the voice of each country is taken into account, regardless its size or population.

They also ensure that any decision concerning the matters of war and peace belong to the sovereign rights of each Member State. In addition, the constructive abstention mechanism allows all EU members to adhere to national specificities without blocking a decision of the organisation.

The current QMV rules, which, for obvious reasons, favour the interests of the states with the upper hand in voting power, do not in any way guarantee that the EU's foreign and security policy objectives will be achieved more effectively or more quickly. In fact, the value of unanimity has already on more than one occasion saved Member States from making strategic mistakes with highly negative consequences for EU security.

The recent prominent example was the highly controversial, or as very up-to-date experience shows simply dangerous, decision to launch the Nord Stream 2. With the QMV in place not only would the pipeline be built and launched faster, but it would also not be provided with safety clauses, such as the compromise amendments to the gas directive endorsed in 2019.

The unanimity in decision-making process ensured that the EU’s actions under the CSDP did not undermine cohesion of the entire Euro-Atlantic community by preventing:

  • duplication of the NATO's command structure by the CSDP politico-military structures;
  • adoption the CSDP priorities in contrary to the objectives of NATO’s collective defence;
  • boosting investments which will not benefit the entire European defence industry.

More recent example of expected QMV deficiency were negotiations on oil price cap held last year. Thanks to the unanimity rule the EU members states endorsed a sensible price cap on seaborne Russian-origin crude oil, thus preventing Russia from profiting further of its war of aggression against Ukraine and at the same time supporting stability in global energy markets.

The unanimity also remains a critical decision-making mechanism in negotiations on the derogation of exports of potash-fertilizers from Belarus, which largely finance the Lukashenko regime.

Furthermore, there are plenty positive examples where unanimity has paved the way for lasting compromises:

  • the EU was able to take decision to deploy executive CSDP civilian mission EULEX Kosovo without resolving the question of recognizing the independence of Kosovo;
  • right after the outbreak of war in Ukraine, all EU members uncommonly fast generated political will to use the European Peace Facility for the provision of lethal and non-lethal equipment to Ukrainian Armed Forces;
  • in the last few months the EU was able to quickly establish three new important missions: the EUMAM Ukraine, the EUM Armenia and the EUPM Moldova. Thanks to the unanimity rule these missions do enjoy a strong legitimacy and are making significant contributions to the security and stability throughout Europe.

The above-mentioned examples show that - with a genuine political will - the unanimity can ensure a real balance between pursuing political interests and finding the right common denominator for actions.

The Polish Ministry of Foreign Affairs takes note of the fact that some Member States are considering giving up their rights arising from unanimous decision-making in CFSP and/or CSDP matters.

In the event of some coordinated unilateral renunciations of these rights by these member states, or the adoption of moratoria on non-use of veto rights by them in EU decision-making processes which grant such rights, Poland will accept these decisions with respect and understanding. Nevertheless, Poland itself does not foresee the possibility of taking such a decision either now or in the future.     

 

Łukasz Jasina
MFA Press Spokesperson

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