Foreign Policy Section
Extract from The
Treaty of Lisbon
signed by EU
leaders 13 December 2007
Still to be
ratified by 26 of 27 member states. (12 January 2008)
What follows is an extract from the final version,
EU
document, C 306 dated 17 December 2007.
Insights available
The
Lisbon Treaty will give some idea of what is changed in EU procedures
but cannot be fully understood simply by reading the text. It has to be
read in conjunction with The Treaty on European Union and the Treaty
Establishing the European Community, both of these in the forms amended
by the Treaty of Amsterdam and the Treaty of Nice.
User unfriendly EU
It
is to be regretted that those who signed The Treaty of Lisbon, members
of parliaments in all EU states and EU citizens did not had an
opportunity to read a completed, stand-alone, coherent text until near the end
of January 2008. Judgements could only be made on what was merely a set of instructions?
At the time this document was prepared for this website (19 January)
a further
regret was that the document here quoted was still only available without
a list of contents and was not presented as a single document. Until the end of
January readers werw frustrated by having to download thirty files in order to get the
full version. Furthermore, some of those documents consisted of single
pages and one of just a single word! A serious attempt had been made to
be unhelpful to all who have a legitimate interest in the future of the
European Union.
Updates Since the
above was written a combined (or consolidated) text has been published.
It was made available to UK MPs at 11 am on Monday 21 January, just six
hours before the start of the first major parliamentary debate on the
subject. It is 336 pages long.
Keeping MPs in the dark and asking
them to vote on a subject they have been unable to study does not seem to be treating the important subject with
the consideration and common sense it deserves. It seems calculated to destroy
democracy, and public confidence.
7 February 2008: I cannot find the EU
website offering a consolidated text. The one mentioned above is
published by the UK government and downloadable from the Foreign
Office website.
These amendments
The
amendments required by the Treaty of Lisbon and set out below relate to
the Treaty on European Union.
Section on Common Foreign
and
Security Policy
(EU
document C306, 17 12 07)
[Start of extract from
EU text]
23)
Title V shall be renamed as follows: "GENERAL
PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON
THE COMMON FOREIGN AND SECURITY POLICY". GENERAL PROVISIONS ON THE
UNION'S EXTERNAL ACTION
24)
The following new Chapter 1 and Articles 10 A and 10 B shall be
inserted:
"CHAPTER 1 GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION ARTICLE 10
A
1.
The Union's action on the international scene shall be guided by the
principles which have inspired its own creation, development and
enlargement, and which it seeks to advance in the wider world:
democracy, the rule of law, the universality and indivisibility of
human rights and fundamental freedoms, respect for human dignity, the
principles of equality and solidarity, and respect for the principles
of the United Nations Charter and international law.
The
Union shall seek to develop relations and build partnerships with third
countries, and international, regional or global organisations which
share the principles referred to in the first subparagraph. It shall
promote multilateral solutions to common problems, in particular in the
framework of the United Nations.
2.
The Union shall define and pursue common policies and actions, and
shall work for a high degree of cooperation in all fields of
international relations, in order to:
(a)
safeguard its values, fundamental interests, security, independence and
integrity;
(b)
consolidate and support democracy, the rule of law, human rights and
the principles of international law;
(c)
preserve peace, prevent conflicts and strengthen international
security, in accordance with the purposes and principles of the United
Nations Charter, with the principles of the Helsinki Final Act and with
the aims of the Charter of Paris, including those relating to external
borders;
(d)
foster the sustainable economic, social and environmental development
of developing countries, with the primary aim of eradicating poverty;
(e)
encourage the integration of all countries into the world economy,
including through the progressive abolition of restrictions on
international trade;
(f)
help develop international measures to preserve and improve the quality
of the environment and the sustainable management of global natural
resources, in order to ensure sustainable development;
(g)
assist populations, countries and regions confronting natural or
man-made disasters; and
(h)
promote an international system based on stronger multilateral
cooperation and good global governance.
3.
The Union shall respect the principles and pursue the objectives set
out in paragraphs 1 and 2 in the development and implementation of the
different areas of the Union's external action covered by this Title
and by Part Five of the Treaty on the Functioning of the European
Union, and of the external aspects of its other policies. The Union
shall ensure consistency between the different areas of its external
action and between these and its other policies. The Council and the
Commission, assisted by the High Representative of the Union for
Foreign Affairs and Security Policy, shall ensure that consistency and
shall cooperate to that effect.
ARTICLE 10 B
1.
On the basis of the principles and objectives set out in Article 10 A,
the European Council shall identify the strategic interests and
objectives of the Union.
Decisions of the European Council on the strategic interests and
objectives of the Union shall relate to the common foreign and security
policy and to other areas of the external action of the Union. Such
decisions may concern the relations of the Union with a specific
country or region or may be thematic in approach. They shall define
their duration, and the means to be made available by the Union and the
Member States.
The
European Council shall act unanimously on a recommendation from the
Council, adopted by the latter under the arrangements laid down for
each area. Decisions of the European Council shall be implemented in
accordance with the procedures provided for in the Treaties.
2.
The High Representative of the Union for Foreign Affairs and Security
Policy, for the area of common foreign and security policy, and the
Commission, for other areas of external action, may submit joint
proposals to the Council.".
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THE
COMMON FOREIGN AND SECURITY POLICY
25)
The following headings shall be inserted:
"CHAPTER
2
SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY
SECTION 1 COMMON PROVISIONS".
26)
The following new Article 10 C shall be inserted:
"ARTICLE 10 C
The
Union's action on the international scene, pursuant to this Chapter,
shall be guided by the principles, shall pursue the objectives of, and
be conducted in accordance with, the general provisions laid down in
Chapter 1.".
27)
Article 11 shall be amended as follows:
(a)
paragraph 1 shall be replaced by the following two paragraphs:
"1.
The Union's competence in matters of common foreign and security policy
shall cover all areas of foreign policy and all questions relating to
the Union's security, including the progressive framing of a common
defence policy that might lead to a common defence.
The
common foreign and security policy is subject to specific rules and
procedures. It shall be defined and implemented by the European Council
and the Council acting unanimously, except where the Treaties provide
otherwise. The adoption of legislative acts shall be excluded. The
common foreign and security policy shall be put into effect by the High
Representative of the Union for Foreign Affairs and Security Policy and
by Member States, in accordance with the Treaties. The specific role of
the European Parliament and of the Commission in this area is defined
by the Treaties. The Court of Justice of the European Union shall not
have jurisdiction with respect to these provisions, with the exception
of its jurisdiction to monitor compliance with Article 25b of this
Treaty and to review the legality of certain decisions as provided for
by the second paragraph of Article 240a of the Treaty on the
Functioning of the European Union.
2.
Within the framework of the principles and objectives of its external
action, the Union shall conduct, define and implement a common foreign
and security policy, based on the development of mutual political
solidarity among Member States, the identification of questions of
general interest and the achievement of an ever-increasing degree of
convergence of Member States' actions.";
(b)
paragraph 2, renumbered 3, shall be amended as follows:
(i)
The following words shall be added at the end of the first subparagraph:
"and
shall comply with the Union's action in this area.";
(ii)
the third subparagraph shall be replaced by "The Council and the High
Representative shall ensure compliance with these principles.".
28)
Article 12 shall be replaced by the following:
"ARTICLE 12
The
Union shall conduct the common foreign and security policy by:
(a)
defining the general guidelines;
(b)
adopting decisions defining:
(i)
actions to be undertaken by the Union;
(ii)
positions to be taken by the Union;
(iii)
arrangements for the implementation of the decisions referred to in
points (i)
and
(ii); and by
(c)
strengthening systematic cooperation between Member States in the
conduct of policy.".
29)
Article 13 shall be amended as follows:
(a)
in paragraph 1, the words "define the principles of and general
guidelines for" shall be replaced by "identify the Union's strategic
interests, determine the objectives of and define general guidelines
for" and the following sentence shall be added: "It shall adopt the
necessary decisions.". The following subparagraph shall be inserted:
"If
international developments so require, the President of the European
Council shall convene an extraordinary meeting of the European Council
in order to define the strategic lines of the Union's policy in the
face of such developments.";
(b)
paragraph 2 shall be deleted and paragraph 3 shall be renumbered 2. The
first subparagraph shall be replaced by the following: "The Council
shall frame the common foreign and security policy and take the
decisions necessary for defining and implementing it on the basis of
the general guidelines and strategic lines defined by the European
Council." The second subparagraph shall be deleted. In the third
subparagraph, which shall become the second, the words "shall ensure"
shall be replaced by "and the High Representative of the Union for
Foreign Affairs and Security Policy shall ensure";
(c)
the following new paragraph shall be inserted:
"3.
The common foreign and security policy shall be put into effect by the
High Representative and by the Member States, using national and Union
resources.".
30)
The following new Article 13a shall be inserted:
"ARTICLE 13a
1.
The High Representative of the Union for Foreign Affairs and Security
Policy, who shall chair the Foreign Affairs Council, shall contribute
through his proposals towards the preparation of the common foreign and
security policy and shall ensure implementation of the decisions
adopted by the European Council and the Council.
2.
The High Representative shall represent the Union for matters relating
to the common foreign and security policy. He shall conduct political
dialogue with third parties on the Union's behalf and shall express the
Union's position in international organisations and at international
conferences.
3.
In fulfilling his mandate, the High Representative shall be assisted by
a European External Action Service. This service shall work in
cooperation with the diplomatic services of the Member States and shall
comprise officials from relevant departments of the General Secretariat
of the Council and of the Commission as well as staff seconded from
national diplomatic services of the Member States. The organisation and
functioning of the European External Action Service shall be
established by a decision of the Council. The Council shall act on a
proposal from the High Representative after consulting the European
Parliament and after obtaining the consent of the Commission.".
31)
Article 14 shall be amended as follows:
(a)
in paragraph 1, the first two sentences shall be replaced by the
following sentence:
"Where
the international situation requires operational action by the Union,
the Council shall adopt the necessary decisions.";
(b)
paragraph 2 shall become the second subparagraph of paragraph 1, and
the other paragraphs shall be renumbered accordingly. In the first
sentence, the words "to joint action," shall be replaced by "to such a
decision," and the words "that action" shall be replaced by "that
decision". The last sentence shall be deleted;
(c)
in paragraph 3, renumbered 2, the words "Joint actions" shall be
replaced by "Decisions referred to in paragraph 1";
(d)
the current paragraph 4 shall be deleted and the remaining paragraphs
shall be renumbered accordingly;
(e)
in the first sentence of paragraph 5, renumbered 3, the words "pursuant
to a joint action, information shall be provided in time to allow,"
shall be replaced by "pursuant to a decision as referred to in
paragraph 1, information shall be provided by the Member State
concerned in time to allow,";
(f)
in the first sentence of paragraph 6, renumbered 4, the words "failing
a Council decision," shall be replaced by "failing a review of the
Council decision as referred to in paragraph 1," and the words "of the
joint action" shall be replaced by "of that decision";
(g)
in paragraph 7, renumbered 5, the words "joint action" in the first
sentence shall be replaced by "decision as referred to in this Article"
and in the second sentence by
"decision referred to in paragraph 1".
32)
At the beginning of Article 15, the words "The Council shall adopt
common positions. Common positions shall define" shall be replaced by
"The Council shall adopt decisions which shall define" and at the end
of the Article the words "common positions" shall be replaced by "Union
positions".
33)
An Article 15a shall be inserted, with the text of
Article 22, with the following amendments:
(a)
in paragraph 1, the words "Any Member State or the Commission may refer
to the Council any question relating to the common foreign and security
policy" shall be replaced by "Any Member State, the High Representative
of the Union for Foreign Affairs and Security Policy, or the High
Representative with the Commission's support, may refer any question
relating to the common foreign and security policy to the Council" and
the words "submit proposals to the Council" shall be replaced by
"submit to it initiatives or proposals as appropriate";
(b)
in paragraph 2, the words "the Presidency, of its own motion," shall be
replaced by "the High Representative, of his own motion" and the words
", or at the request of the Commission or a Member State," shall be
replaced by ", or at the request of a Member State,".
34)
An Article 15b shall be inserted, with the text of
Article 23, with the following amendments:
(a)
in paragraph 1, the first subparagraph shall be replaced by the
following: "Decisions under this Chapter shall be taken by the European
Council and the Council acting unanimously, except where this Chapter
provides otherwise. The adoption of legislative acts shall be
excluded." and the last sentence in the second subparagraph shall be
replaced by the following: "If the members of the Council qualifying
their abstention in this way represent at least one third of the Member
States comprising at least one third of the population of the Union,
the decision shall not be adopted.";
(b)
paragraph 2 shall be amended as follows:
(i)
the first indent shall be replaced by the following two indents:
"–
when adopting a decision defining a Union action or position on the
basis of a decision of the European Council relating to the Union's
strategic interests and objectives, as referred to in Article 10 B(1),
–
when adopting a decision defining a Union
action or position, on a proposal which the High Representative of the
Union for Foreign Affairs and Security Policy has presented following a
specific request from the European Council, made on its own initiative
or that of the High Representative,";
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(ii)
in the second indent, which shall become the third indent, the words "a
joint action or a common position," shall be replaced by "a decision
defining a Union action or position,";
(iii)
in the second subparagraph, first sentence, the word "important" shall
be replaced by "vital"; the last sentence shall be replaced by the
following: "The High Representative will, in close consultation with
the Member State involved, search for a solution acceptable to it. If
he does not succeed, the Council may, acting by a qualified majority,
request that the matter be referred to the European Council for a
decision by unanimity.";
(iv)
the third subparagraph shall be replaced by the following new paragraph
3, the last subparagraph shall become paragraph 4 and paragraph 3 shall
be renumbered 5:
"3.
The European Council may unanimously adopt a decision stipulating that
the Council shall act by a qualified majority in cases other than those
referred to in paragraph 2.";
(c)
in the paragraph now numbered 4, the words "This paragraph shall not
apply" shall be replaced by "Paragraphs 2 and 3 shall not apply".
35)
Article 16 shall be amended as follows:
(a)
the words "inform and" shall be deleted, the words "within the Council"
shall be replaced by "within the European Council and the Council" and
the words "in order to ensure that the Union's influence is exerted as
effectively as possible by means of concerted and convergent action"
shall be replaced by "in order to determine a common approach";
(b)
the following sentences shall be added after the first sentence:
"Before undertaking any action on the international scene or entering
into any commitment which could affect the Union's interests, each
Member State shall consult the others within the European Council or
the Council. Member States shall ensure, through the convergence of
their actions, that the Union is able to assert its interests and
values on the international scene. Member States shall show mutual
solidarity.";
(c)
the following two paragraphs shall be added:
"When
the European Council or the Council has defined a common approach of
the Union within the meaning of the first paragraph, the High
Representative of the Union for Foreign Affairs and Security Policy and
the Ministers for Foreign Affairs of the Member States shall coordinate
their activities within the Council.
The
diplomatic missions of the Member States and the Union delegations in
third countries and at international organisations shall cooperate and
shall contribute to formulating and implementing the common approach.".
36)
The text of Article 17 shall become Article 28 A,
it shall be amended as set out below in point 49.
37)
Article 18 shall be amended as follows:
(a)
paragraphs 1 to 4 shall be deleted;
(b)
in paragraph 5, which shall not be numbered, the words "whenever it
deems it necessary," shall be replaced by "on a proposal from the High
Representative of the Union for Foreign Affairs and Security Policy"
and the following sentence shall be added at the end: "The special
representative shall carry out his mandate under the authority of the
High Representative.".
38)
Article 19 shall be amended as follows:
(a)
in paragraph 1, the words "the common positions" shall be replaced by
"the Union's positions" in the first and second subparagraphs and the
following sentence shall be added at the end of the first subparagraph:
"The High Representative of the Union for Foreign Affairs and Security
Policy shall organise this coordination.";
(b)
paragraph 2 shall be amended as follows:
(i)
in the first subparagraph, the words "Without prejudice to paragraph 1
and Article 14(3)," shall be replaced by "In accordance with Article
11(3)," and the words "the latter" shall be replaced by "the other
Member States and the High Representative";
(ii)
in the second subparagraph, first sentence, the words "and the High
Representative" shall be inserted after "the other Member States; in
the second sentence, the word "permanent" shall be deleted and the
words "ensure the defence of the positions" shall be replaced by
"defend the positions";
(iii)
the following new third subparagraph shall be added:
"When
the Union has defined a position on a subject which is on the United
Nations Security Council agenda, those Member States which sit on the
Security Council shall request that the High Representative be invited
to present the Union's position."
39)
Article 20 shall be amended as follows:
(a)
in the first paragraph, the words "Commission delegations" shall be
replaced by "Union delegations" and the words "the common positions and
joint actions adopted by the Council" shall be replaced by "decisions
defining Union positions and actions adopted pursuant to this Chapter";
(b)
in the second paragraph, the words "information, carrying out joint
assessments" shall be replaced by "information and carrying out joint
assessments" and the words "and contributing to the implementation of
the provisions referred to in Article 20 of the Treaty establishing the
European Community" shall be deleted;
(c)
the following new paragraph shall be added:
"They
shall contribute to the implementation of the right of citizens of the
Union to protection in the territory of third countries as referred to
in Article 17(2)(c) of the Treaty on the Functioning of the European
Union and of the measures adopted pursuant to Article 20 of that
Treaty.".
40)
Article 21 shall be amended as follows:
(a)
the first paragraph shall be replaced by the following:
"The
High Representative of the Union for Foreign Affairs and Security
Policy shall regularly consult the European Parliament on the main
aspects and the basic choices of the common foreign and security policy
and the common security and defence policy and inform it of how those
policies evolve. He shall ensure that the views of the European
Parliament are duly taken into consideration. Special representatives
may be involved in briefing the European Parliament.";
(b)
in the second paragraph, first sentence, the words "and to the High
Representative" shall be inserted at the end; in the second sentence,
the words "It shall hold an annual debate" shall be replaced by "Twice
a year it shall hold a debate" and the words ", including the common
security and defence policy" shall be inserted at the end.
41)
The text of Article 22 shall become Article 15a; it
shall be amended as set out above in point 33.
42)
The text of Article 23 shall become Article 15b; it
shall be amended as set out above in point 34.
43)
Article 24 shall be replaced by the following:
"ARTICLE 24
The
Union may conclude agreements with one or more States or international
organisations in areas covered by this Chapter."
44)
Article 25 shall be amended as follows:
(a)
in the first paragraph, first sentence, the reference to the Treaty
establishing the European Community shall be replaced by a reference to
the Treaty on the functioning of the European Union and the words "or
of the High Representative of the Union for Foreign Affairs and
Security Policy" shall be inserted after "at the request of the
Council"; in the second sentence, the words "without prejudice to the
responsibility of the Presidency and the Commission" shall be replaced
by "without prejudice to the powers of the High Representative";
(b)
the text of the second paragraph shall be replaced by the following:
"Within the scope of this Chapter, the Political and Security Committee
shall exercise, under the responsibility of the Council and of the High
Representative, the political control and strategic direction of the
crisis management operations referred to in Article 28 B.";
(c)
in the third paragraph, the words ", without prejudice to Article 47"
shall be deleted.
45)
Articles 26 and 27 shall be repealed.
The following Articles 25a and 25b shall be inserted, with Article 25b
replacing Article 47:
"ARTICLE 25a
In
accordance with Article 16 B of the Treaty on the Functioning of the
European Union and by way of derogation from paragraph 2 thereof, the
Council shall adopt a decision laying down the rules relating to the
protection of individuals with regard to the processing of personal
data by the Member States when carrying out activities which fall
within the scope of this Chapter, and the rules relating to the free
movement of such data. Compliance with these rules shall be subject to
the control of independent authorities.
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ARTICLE 25b
The
implementation of the common foreign and security policy shall not
affect the application of the procedures and the extent of the powers
of the institutions laid down by the Treaties for the exercise of the
Union competences referred to in Articles 2 B to 2 E of the Treaty on
the
Functioning of the European Union.
Similarly, the implementation of the policies listed in those Articles
shall not affect the application of the procedures and the extent of
the powers of the institutions laid down by the Treaties for the
exercise of the Union competences under this Chapter."
46)
Articles 27 A to 27 E, on enhanced
cooperation, shall be replaced by Article 10 in accordance with point
22 above.
47)
Article 28 shall be amended as follows:
(a)
paragraph 1 shall be deleted and the remaining paragraphs shall be
renumbered accordingly; throughout the Article the words "budget of the
European Communities" shall be replaced by "Union budget";
(b)
in paragraph 2, renumbered 1, the words "which the provisions relating
to the areas referred to in this Title entail" shall be replaced by "to
which the implementation of this Chapter gives rise";
(c)
in paragraph 3, renumbered 2, the words "the implementation of those
provisions" in the first subparagraph shall be replaced by "the
implementation of this Chapter";
(d)
the following new paragraph 3 shall be added and paragraph 4 deleted:
"3.
The Council shall adopt a decision establishing the specific procedures
for guaranteeing rapid access to appropriations in the Union budget for
urgent financing of initiatives in the framework of the common foreign
and security policy, and in particular for preparatory activities for
the tasks referred to in Article 28 A(1) and Article 28 B. It
shall
act after consulting the European Parliament.
Preparatory activities for the tasks referred to in Article
28 A(1) and Article 28 B which are not charged to the Union
budget shall be financed by a start-up fund made up of Member States'
contributions.
The
Council shall adopt by a qualified majority, on a proposal from the
High
Representative of the Union for Foreign Affairs and Security Policy,
decisions establishing:
(a)
the procedures for setting up and financing the start-up fund, in
particular the amounts allocated to the fund;
(b)
the procedures for administering the start-up fund;
(c)
the financial control procedures.
When
the task planned in accordance with Article 28 A(1) and Article 28 B
cannot be charged to the Union budget, the Council shall authorise the
High Representative to use the fund. The High Representative shall
report to the Council on the implementation of this remit.".
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THE
COMMON SECURITY AND DEFENCE POLICY
48)
The following new section 2 shall be inserted:
"SECTION 2
PROVISIONS ON THE COMMON SECURITY
AND
DEFENCE POLICY"
49)
An Article 28 A shall be inserted, taking over the
wording of Article 17, with the following amendments:
(a)
the following new paragraph 1 shall be inserted and the next paragraph
shall be renumbered 2:
"1.
The common security and defence policy shall be an integral part of the
common foreign and security policy. It shall provide the Union with an
operational capacity drawing on civilian and military assets. The Union
may use them on missions outside the Union for peace-keeping, conflict
prevention and strengthening international security in accordance with
the principles of the United Nations Charter. The performance of these
tasks shall be undertaken using capabilities provided by the Member
States.";
(b)
paragraph 1, renumbered 2, shall be amended as follows:
(i)
the first subparagraph shall be replaced by the following:
"2.
The common security and defence policy shall include the progressive
framing of a common Union defence policy. This will lead to a common
defence, when the European Council, acting unanimously, so decides. It
shall in that case recommend to the Member States the adoption of such
a decision in accordance with their respective constitutional
requirements.";
(ii)
in the second subparagraph, the words "in accordance with this Article"
shall be replaced by "in accordance with this Section";
(iii)
the third subparagraph shall be deleted.
(c)
the present paragraphs 2, 3, 4 and 5 shall be replaced by the following
paragraphs 3 to 7:
"3.
Member States shall make civilian and military capabilities available
to the Union for the implementation of the common security and defence
policy, to contribute to the objectives defined by the Council. Those
Member States which together establish multinational forces may also
make them available to the common security and defence policy.
Member
States shall undertake progressively to improve their military
capabilities. The Agency in the field of defence capabilities
development, research, acquisition and armaments (hereinafter referred
to as "the European Defence Agency") shall identify operational
requirements, shall promote measures to satisfy those requirements,
shall contribute to identifying and, where appropriate, implementing
any measure needed to strengthen the industrial and technological base
of the defence sector, shall participate in defining a European
capabilities and armaments policy, and shall assist the Council in
evaluating the improvement of military capabilities.
4.
Decisions relating to the common security and defence policy, including
those initiating a mission as referred to in this Article, shall be
adopted by the Council acting unanimously on a proposal from the High
Representative of the Union for Foreign Affairs and Security Policy or
an initiative from a Member State. The High Representative may propose
the use of both national resources and Union instruments, together with
the Commission where appropriate.
5.
The Council may entrust the execution of a task, within the Union
framework, to a group of Member States in order to protect the Union's
values and serve its interests.
The
execution of such a task shall be governed by Article 28 C.
6.
Those Member States whose military capabilities fulfil higher criteria
and which have made more binding commitments to one another in this
area with a view to the most demanding missions shall establish
permanent structured cooperation within the Union framework. Such
cooperation shall be governed by Article 28 E. It shall not affect the
provisions of Article 28 B.
7.
If a Member State is the victim of armed aggression on its territory,
the other Member States shall have towards it an obligation of aid and
assistance by all the means in their power, in accordance with Article
51 of the United Nations Charter. This shall not prejudice the specific
character of the security and defence policy of certain Member States.
Commitments and cooperation in this area shall be consistent with
commitments under the North Atlantic Treaty Organisation, which, for
those States which are members of it, remains the foundation of their
collective defence and the forum for its implementation.".
50)
The following new Articles 28 B to 28 E shall be inserted:
"ARTICLE
28 B
1.
The tasks referred to in Article 28 A(1), in the course of which the
Union may use civilian and military means, shall include joint
disarmament operations, humanitarian and rescue tasks, military advice
and assistance tasks, conflict prevention and peace-keeping tasks,
tasks of combat forces in crisis management, including peace-making and
post-conflict stabilisation. All these tasks may contribute to the
fight against terrorism, including by supporting third countries in
combating terrorism in their territories.
2.
The Council shall adopt decisions relating to the tasks referred to in
paragraph 1, defining their objectives and scope and the general
conditions for their implementation. The High Representative of the
Union for Foreign Affairs and Security Policy, acting under the
authority of the Council and in close and constant contact with the
Political and Security Committee, shall ensure coordination of the
civilian and military aspects of such tasks.
ARTICLE 28 C
1.
Within the framework of the decisions adopted in accordance with
Article 28 B, the Council may entrust the implementation of a task to a
group of Member States which are willing and have the necessary
capability for such a task. Those Member States, in association with
the High Representative of the Union for Foreign Affairs and Security
Policy, shall agree among themselves on the management of the task.
2.
Member States participating in the task shall keep the Council
regularly informed of its progress on their own initiative or at the
request of another Member State. Those States shall inform the Council
immediately should the completion of the task entail major consequences
or require amendment of the objective, scope and conditions determined
for the task in the decisions referred to in paragraph 1. In such
cases, the Council shall adopt the necessary decisions.
ARTICLE 28 D
1.
The European Defence Agency referred to in Article 28 A(3), subject to
the authority of the Council, shall have as its task to:
(a)
contribute to identifying the Member States' military capability
objectives and evaluating observance of the capability commitments
given by the Member States;
(b)
promote harmonisation of operational needs and adoption of effective,
compatible procurement methods;
(c)
propose multilateral projects to fulfil the objectives in terms of
military capabilities, ensure coordination of the programmes
implemented by the Member States and management of specific cooperation
programmes;
(d)
support defence technology research, and coordinate and plan joint
research activities and the study of technical solutions meeting future
operational needs;
(e)
contribute to identifying and, if necessary, implementing any useful
measure for strengthening the industrial and technological base of the
defence sector and for improving the effectiveness of military
expenditure.
2.
The European Defence Agency shall be open to all Member States wishing
to be part of it. The Council, acting by a qualified majority, shall
adopt a decision defining the Agency's statute, seat and operational
rules. That decision should take account of the level of effective
participation in the Agency's activities. Specific groups shall be set
up within the Agency bringing together Member States engaged in joint
projects. The Agency shall carry out its tasks in liaison with the
Commission where necessary.
ARTICLE 28 E
1.
Those Member States which wish to participate in the permanent
structured cooperation referred to in Article 28 A(6), which fulfil the
criteria and have made the commitments on military capabilities set out
in the Protocol on permanent structured cooperation, shall notify their
intention to the Council and to the High Representative of the Union
for Foreign Affairs and Security Policy.
2.
Within three months following the notification referred to in paragraph
1 the Council shall adopt a decision establishing permanent structured
cooperation and determining the list of participating Member States.
The Council shall act by a qualified majority after consulting the High
Representative.
3.
Any Member State which, at a later stage, wishes to participate in the
permanent structured cooperation shall notify its intention to the
Council and to the High Representative.
The
Council shall adopt a decision confirming the participation of the
Member State concerned which fulfils the criteria and makes the
commitments referred to in Articles 1 and 2 of the Protocol on
permanent structured cooperation. The Council shall act by a qualified
majority after consulting the High Representative. Only members of the
Council representing the participating Member States shall take part in
the vote. A qualified majority shall be defined in accordance with
Article 205(3)(a) of the Treaty on the Functioning of the European
Union.
4.
If a participating Member State no longer fulfils the criteria or is no
longer able to meet the commitments referred to in Articles 1 and 2 of
the Protocol on permanent structured cooperation, the Council may adopt
a decision suspending the participation of the Member State concerned.
The
Council shall act by a qualified majority. Only members of the Council
representing the participating Member States, with the exception of the
Member State in question, shall take part in the vote.
A
qualified majority shall be defined in accordance with Article
205(3)(a) of the Treaty on the Functioning of the European Union.
5.
Any participating Member State which wishes to withdraw from permanent
structured cooperation shall notify its intention to the Council, which
shall take note that the Member State in question has ceased to
participate.
6.
The decisions and recommendations of the Council within the framework
of permanent
structured cooperation, other than those provided for in paragraphs 2
to 5, shall be adopted by unanimity. For the purposes of this
paragraph, unanimity shall be constituted by the votes of the
representatives of the participating Member States only.".
[End of main extract from EU text, The Treaty of Lisbon.]
--------------------
[Start of second extract from EU text, The Treaty of Lisbon.]
55)
The following new Article 46 A shall be inserted:
"ARTICLE 46 A
The
Union shall have legal personality.".
TL/en
50
[End of second extract
from EU text, The Treaty of Lisbon.]
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