§ Mr. CashTo ask the Secretary of State for Foreign and Commonwealth Affairs in what circumstances QMV applies to the Common Foreign and Security Policy, specifying the treaty base; from which treaty the power was derived; on what decisions it has been used; and in respect of which matters. [141431]
§ Mr. VazArticle 23 of the Treaty on European Union states that
the Council shall act by qualified majority—when adopting joint actions, common positions or taking any other decision on the basis of a common strategy;—when adopting any decision implementing a joint action or a common position.These provisions formed part of the Treaty of Amsterdam. The Maastricht Treaty had stated (Article J.3(2))
The Council, when adopting a joint action, shall define those matters on which decisions will be taken by qualified majority.Despite the availability of QMV, all decisions on the basis of Common Strategies have, in practice, been taken by consensus, with one exception. This was on the Joint Action on Russia (disarmament and non-proliferation), when one member state abstained. There was also one decision on a Common Position relating to the FRY, when one member state abstained.
Article 23 of the TEU goes on to state that
If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members. This paragraph shall not apply to decisions having military or defence implications.