EU-ministers eens over vorm verdrag en symbolen (en)

EUOBSERVER / LUXEMBOURG - EU foreign ministers have agreed on how the new EU treaty should be presented - it should not be called a constitution, and not contain symbols such as an EU flag - but key divisions on the substance of the text remain unresolved.

"Of course we don't have a guarantee of the success we are all hoping for and that we are all intently working for will actually come about," German foreign minister Frank Walter Steinmeier said after talks with EU counterparts in Luxembourg on Sunday (17 June).

But he indicated that progress had been made, explaining all 18 states which ratified the original draft constitution had now agreed to drop the term "constitution."

Dutch foreign minister Maxime Verhagen i, whose country together with France in 2005 rejected the constitution in a referendum, said "it looks like the constitution will be definitely off the table on Thursday," with EU leaders set to tackle the disputed document at a summit later this week.

A new look constitution will simply be an "amending treaty" changing the current Nice Treaty in a number of ways while avoiding the constitutional terminology which sceptics say make the EU look like a state.

The Luxembourg meeting also produced agreement on the scrapping of EU symbols such as the 12-star flag and EU anthem from the 2004 text.

"All agreed that the symbols can be taken out of the text - except for the euro," said Luxembourg's foreign minister Jean Asselborn.

Divisions

But deep rifts remain on key parts of the treaty that go beyond mere names and symbols and which concern the division of power between the EU and its member states.

The status of the Charter of Fundamental Rights - a document listing citizens rights and fully integrated into the draft constitution - is the subject of strong controversy, with the UK in particular opposing a charter that is legally binding.

"This is extremely difficult," Mr Asselborn said, indicating it was "unacceptable" for the majority of member states that the binding character of the charter be given up.

"We raised this as a prime issue to people when we explained the constitution," he said, referring to Luxembourg's referendum on the EU constitution which resulted in a "yes" in 2005.

The legally binding status of the charter also figured in a list of demands put forward by France and Spain on Sunday. According to a Spanish diplomat, the list amounted to the "substance" of a new look treaty. The diplomat also emphasized the importance of France - having rejected the constitution - and Spain - having approved it by referendum - showing a common front on the issue.

Apart from a binding rights charter, the Franco-Spanish wish-list list also includes a number of other topics which are still controversial.

Paris and Madrid seek the scrapping of a number of national vetoes as proposed in the draft constitution. This is strongly opposed by London which is not yet prepared to give up its veto in justice and police matters.

France's president Nicolas Sarkozy and Spanish prime minister Jose Luis Zapatero will also defend the so-called double majority voting system, which is heavily opposed by Poland.

The Polish question

The voting weights issue is seen as a major stumbling block for an agreement at this week's EU summit, with Warsaw proposing its own alternative voting system which would give itself more power relative to Germany.

Sunday's gathering in Luxembourg did not make the issue any less pressing with the German EU presidency keeping it off the ministers' agenda. "We have maintained our position," said Poland's Anna Fotyga after the talks.

Other outstanding issues left by foreign ministers to their political bosses include whether the EU should have a single legal personality - enabling it to sign international agreements - and whether its powers in foreign policy should be bound to legal limits, with London again seen as a main player in this area.