TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 104

Question (c)

4

In

"The division of competence also would affect

Assembly proposed to be establis..ed under the draft Treaty. The presont

wording o: Article C of the p. openals of the Delegatɔwyn. Cresce

referred to the right of intergovernmental organisations to vote "in

cases of votes on matters within their competence".

Answer

As regards the right to vote as proposed in Article C of the amendments

submitted by Greece on behalf of the Member States of the European

Communities, the right to vote attaches to the status of a contracting

party. The fact that both the EEC and its Member States need to be

parties to the treaty has to be taken into account. The question as to

who should vote should follow the internal division of powers in the EEC

and generally will follow from the EEC directive quoted above. This

solution guarantees to all other contracting parties to the future treaty

that there will in no case be a vote in addition to the number of votes

attributed to the Member States of the EEC party to the future treaty.

Similarly, the transfer of powers by Member States to the EEC should

remain neutral as to the number or weight of votes. Otherwise, an

Imbalance would exist between the votes cast by

the Community and those cast by its Member States.

This principle has been applied in numerous agreements and has so far not

given rise to problems. As to the practical question of who will vote on

a given subject, it is clear that due information will need to be

provided at the time of voting by the Community and its Member States.

As has already been explained, however, it is impossible due to the very

nature of the EEC to Indicate in advance an abstract list of matters

falling under Community competence In addition to what has been said

above.