The difference is that Poland and the UK can both veto anything, legally, and might be willing to do so against the desire of the majority of EU states.
We are talking about the start of the talks. No, they can not veto the start of the talks (other than scenario similar to the Chechen scenario). Based on what?
Chechnya has no legal possibility to veto international treaties (except, I think, when these would alter its borders within the Russian Federation).
It is not about vetoing ratification.
Start of the talks and the contents of the treaty (before it goes to the Parliament) is the prerogative of the executive and executive can decide to postpone start of the talks based on anything, including Kadyrov's (or Chechen parliament) desires.
Anyway, talks are to resume.
Here's the full rundown. According to Article 300 of the EC Treaty:
Celex Test | CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
Article 3001. Where this Treaty provides for the conclusion of agreements between the Community and one or more States or international organisations, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Commission shall conduct these negotiations in consultation with special committees appointed by the Council to assist it in this task and within the framework of such directives as the Council may issue to it. In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously. 2. Subject to the powers vested in the Commission in this field, the signing, which may be accompanied by a decision on provisional application before entry into force, and the conclusion of the agreements shall be decided on by the Council, acting by a qualified majority on a proposal from the Commission. The Council shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of internal rules [...]
Article 300
1. Where this Treaty provides for the conclusion of agreements between the Community and one or more States or international organisations, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Commission shall conduct these negotiations in consultation with special committees appointed by the Council to assist it in this task and within the framework of such directives as the Council may issue to it.
In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously.
2. Subject to the powers vested in the Commission in this field, the signing, which may be accompanied by a decision on provisional application before entry into force, and the conclusion of the agreements shall be decided on by the Council, acting by a qualified majority on a proposal from the Commission. The Council shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of internal rules [...]
Article 308 If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures.
Article 308
If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures.
EurActiv.com - EU overrules Lithuania over Russia talks | EU - European Information on Enlargement & Neighbours
The Union's foreign ministers yesterday (10 November) decided to proceed with negotiations over a new EU-Russia basic treaty, disregarding the objections of small member state Lithuania.The foreign ministers, who are meeting in Brussels on Monday and Tuesday together with EU defence ministers in a 'jumbo GAERC' (general affairs and external relations meeting), did not manage to reach a unanimous position ahead of the EU-Russia summit in Nice on 14 November. The only country to remain opposed to the resumption of talks was Lithuania. Nevertheless, the talks with Russia will proceed, since legally, the Council meeting did not require unanimity to restart the EU-Russia talks. As Sarkozy recently said (EurActiv 22/10/08), the 1 September decision was not to suspend talks but postpone them.
The Union's foreign ministers yesterday (10 November) decided to proceed with negotiations over a new EU-Russia basic treaty, disregarding the objections of small member state Lithuania.
The foreign ministers, who are meeting in Brussels on Monday and Tuesday together with EU defence ministers in a 'jumbo GAERC' (general affairs and external relations meeting), did not manage to reach a unanimous position ahead of the EU-Russia summit in Nice on 14 November. The only country to remain opposed to the resumption of talks was Lithuania.
Nevertheless, the talks with Russia will proceed, since legally, the Council meeting did not require unanimity to restart the EU-Russia talks. As Sarkozy recently said (EurActiv 22/10/08), the 1 September decision was not to suspend talks but postpone them.
