Explanatory Memorandum to COM(2008)530-1 - Conclusion by the EC, of the UN Convention on the Rights of Persons with Disabilities

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2008)530-1 - Conclusion by the EC, of the UN Convention on the Rights of Persons with Disabilities.
source COM(2008)530 EN
date 29-08-2008
INTRODUCTION

This United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol were adopted on 13 December 2006 by the United Nations General Assembly. On the basis of negotiating directives adopted by the Council on 24 May 2004, the Commission conducted the negotiation of the Convention on behalf of the European Community.

On 27 February 2007, the Commission presented a proposal for a Council Decision on the signing, on behalf of the European Community, of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol (COM(2007)77).

The Council Decision dated 27 March 2007 (ST07404/07) authorised the Community to sign the Convention on the Rights of Persons with Disabilities and issued a declaration on the Optional Protocol (Annex II of the Decision) stating that the Council of the European Union shall reconsider the question of signing the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities by the European Community as soon as possible. The Commission signed the Convention on 30 March 2007.

On 3 May 2008, the Convention and its Optional Protocol entered into force. Since the Optional Protocol has not yet been signed, its accession should be proposed. Two proposals, one for concluding the Convention, the other for acceding to the Optional Protocol, are therefore required.

LEGAL BASIS

Articles 13, 26, 47 i, 55, 71 i, 80 i, 89, 93, 95 and 285 in conjunction with the second sentence of the first paragraph of Article 300 i, and the first subparagraph of Article 300 i of the Treaty establishing the European Community are chosen as the legal basis.

PRINCIPLE OF SUBSIDIARITY

The principle of subsidiarity applies, owing to the mixed nature of the powers assigned by the UN Convention and its Optional Protocol. As both Community and Member States' powers are concerned, joint conclusion/ratification of the Convention by the Community and the Member States is required. The proposal is therefore consistent with the principle of subsidiarity.

PRINCIPLE OF PROPORTIONALITY

As the act in question is a procedural act, the principle of proportionality is not relevant.

TYPE OF ACT

Pursuant to Article 300 i of the Treaty establishing the European Community, as it is a question of the conclusion by the Community of an international normative text, a Council decision is the only appropriate legal instrument.

PROCEDURE

Pursuant to Article 300 i of the Treaty establishing the European Community, the Council shall act unanimously when the agreement covers a field for which unanimity is required. In this case, unanimity is required by Article 13 of the Treaty establishing the European Community. Pursuant to Article 300 i of the Treaty establishing the European Community, the Council shall conclude agreements after consulting the European Parliament. The European Parliament shall deliver its opinion within a time-limit which the Council may lay down according to the urgency of the matter.

ADDITIONAL INFORMATION

This draft act does not come under the EEA Agreement.