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PART III
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TITLE V - THE UNIONS EXTERNAL ACTION
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CHAPTER II - COMMON FOREIGN AND SECURITY POLICY
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SECTION 2 - THE
COMMON SECURITY AND DEFENCE POLICY
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1. In the context of the principles and objectives of its external action, the Union
shall
define and implement a common foreign and security policy covering all areas of foreign
and security policy.
2. The Member States shall support the common foreign and security policy actively
and
unreservedly in a spirit of loyalty and mutual solidarity.
The Member States shall work together to enhance and develop their mutual political
solidarity. They shall refrain from any action which is contrary to the interests of the
Union or likely to impair its effectiveness as a cohesive force in international relations.
The Council and the Union Minister for Foreign Affairs shall ensure that these principles
are complied with.
The Union shall conduct the common foreign and security policy by:
(a) defining the general guidelines;
(b) adopting European 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 European decisions referred to in
points
(i) and (ii);
(c) strengthening systematic cooperation between Member States in the conduct of
policy.
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1. The European Council shall define the general guidelines for the common foreign
and
security policy, including for matters with defence implications.
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.
2. The Council shall adopt the European decisions necessary for defining and
implementing the common foreign and security policy on the basis of the general
guidelines and strategic lines defined by the European Council.
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1. The Union Minister for Foreign Affairs, who shall chair the Foreign Affairs Council,
shall contribute through his or her proposals towards the preparation of the common
foreign and security policy and shall ensure implementation of the European decisions
adopted by the European Council and the Council.
2. The Minister for Foreign Affairs shall represent the Union for matters relating
to the
common foreign and security policy. He or she 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 or her mandate, the Union Minister for Foreign Affairs 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
European decision of the Council. The Council shall act on a proposal from the Union
Minister for Foreign Affairs after consulting the European Parliament and after obtaining
the consent of the Commission.
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1. Where the international situation requires operational action by the Union, the
Council
shall adopt the necessary European decisions. Such decisions shall lay down the
objectives, the scope, the means to be made available to the Union, if necessary the
duration, and the conditions for implementation of the action.
If there is a change in circumstances having a substantial effect on a question subject
to
such a European decision, the Council shall review the principles and objectives of that
decision and adopt the necessary European decisions.
2. The European decisions referred to in paragraph 1 shall commit the Member States
in
the positions they adopt and in the conduct of their activity.
3. Whenever there is any plan to adopt a national position or take national action
pursuant to a European decision as referred to in paragraph 1, information shall be
provided by the Member State concerned in time to allow, if necessary, for prior
consultations within the Council. The obligation to provide prior information shall not
apply to measures which are merely a national transposition of such a decision.
4. In cases of imperative need arising from changes in the situation and failing a
review
of the European decision pursuant to the second subparagraph of paragraph 1, Member
States may take the necessary measures as a matter of urgency, having regard to the
general objectives of that decision. The Member State concerned shall inform the
Council immediately of any such measures.
5. Should there be any major difficulties in implementing a European decision as referred
to in this Article, a Member State shall refer them to the Council which shall discuss
them and seek appropriate solutions. Such solutions shall not run counter to the
objectives of the action or impair its effectiveness.
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The Council shall adopt European decisions which shall define the approach of the
Union to a particular matter of a geographical or thematic nature. Member States shall
ensure that their national policies conform to the positions of the Union.
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1. Any Member State, the Union Minister for Foreign Affairs, or that Minister with
the
Commission's support, may refer any question relating to the common foreign and
security policy to the Council and may submit to it initiatives or proposals as appropriate.
2. In cases requiring a rapid decision, the Union Minister for Foreign Affairs, of
the
Minister's own motion or at the request of a Member State, shall convene an
extraordinary meeting of the Council within forty-eight hours or, in an emergency, within
a shorter period.
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1. The European decisions referred to in this Chapter shall be adopted by the Council
acting unanimously.
When abstaining in a vote, any member of the Council may qualify its abstention by
making a formal declaration. In that case, it shall not be obliged to apply the European
decision, but shall accept that the latter commits the Union. In a spirit of mutual
solidarity, the Member State concerned shall refrain from any action likely to conflict with
or impede Union action based on that decision and the other Member States shall
respect its position. 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.
2. By way of derogation from paragraph 1, the Council shall act by a qualified majority:
(a) when adopting European decisions defining a Union action or position on the basis
of
a European decision of the European Council relating to the Union's strategic interests
and objectives, as referred to in Article III-293(1);
(b) when adopting a European decision defining a Union action or position, on a proposal
which the Union Minister for Foreign Affairs has presented following a specific request to
him or her from the European Council, made on its own initiative or that of the Minister;
(c) when adopting a European decision implementing a European decision defining a
Union action or position;
(d) when adopting a European decision concerning the appointment of a special
representative in accordance with Article III-302.
If a member of the Council declares that, for vital and stated reasons of national
policy, it
intends to oppose the adoption of a European decision to be adopted by a qualified
majority, a vote shall not be taken. The Union Minister for Foreign Affairs will, in close
consultation with the Member State involved, search for a solution acceptable to it. If he
or she does not succeed, the Council may, acting by a qualified majority, request that
the matter be referred to the European Council for a European decision by unanimity.
3. In accordance with Article I-40(7)
the European Council may unanimously adopt a
European decision stipulating that the Council shall act by a qualified majority in cases
other than those referred to in paragraph 2 of this Article.
4. Paragraphs 2 and 3 shall not apply to decisions having military or defence
implications.
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1. When the European Council or the Council has defined a common approach of the
Union within the meaning of Article I-40(5),
the Union Minister for Foreign Affairs and the
Ministers for Foreign Affairs of the Member States shall coordinate their activities within
the Council.
2. 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 referred to in paragraph 1.
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The Council may appoint, on a proposal from the Union Minister for Foreign Affairs,
a
special representative with a mandate in relation to particular policy issues. The special
representative shall carry out his or her mandate under the Minister's authority.
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The Union may conclude agreements with one or more States or international
organisations in areas covered by this Chapter.
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1. The Union Minister for Foreign Affairs shall consult and inform the European
Parliament in accordance with Article I-40(8)
and Article I-41(8).
He or she shall ensure
that the views of the European Parliament are duly taken into consideration. Special
representatives may be involved in briefing the European Parliament.
2. The European Parliament may ask questions of the Council and of the Union Minister
for Foreign Affairs or make recommendations to them. Twice a year it shall hold a
debate on progress in implementing the common foreign and security policy, including
the common security and defence policy.
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1. Member States shall coordinate their action in international organisations and
at
international conferences. They shall uphold the Union's positions in such fora. The
Union Minister for Foreign Affairs shall organise this coordination.
In international organisations and at international conferences where not all the
Member
States participate, those which do take part shall uphold the Union's positions.
2. In accordance with Article I-16(2),
Member States represented in international
organisations or international conferences where not all the Member States participate
shall keep the latter, as well as the Union Minister for Foreign Affairs, informed of any
matter of common interest.
Member States which are also members of the United Nations Security Council shall
concert and keep the other Member States and the Union Minister for Foreign Affairs fully
informed. Member States which are members of the Security Council will, in the
execution of their functions, defend the positions and the interests of the Union, without
prejudice to their responsibilities under the United Nations Charter.
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 Union Minister for Foreign Affairs be asked to present the Union's
position.
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The diplomatic and consular missions of the Member States and the Union delegations
in third countries and international conferences, and their representations to international
organisations, shall cooperate in ensuring that the European decisions defining Union
positions and actions adopted pursuant to this Chapter are complied with and
implemented. They shall step up cooperation by exchanging information and carrying out
joint assessments.
They shall contribute to the implementation of the right of European citizens to protection
in the territory of third countries as referred to in Article I-10(2)(c)
and the measures
adopted pursuant to Article III-127.
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1. Without prejudice to Article III-344,
a Political and Security Committee shall monitor
the international situation in the areas covered by the common foreign and security
policy and contribute to the definition of policies by delivering opinions to the Council at
the request of the latter, or of the Union Minister for Foreign Affairs, or on its own
initiative. It shall also monitor the implementation of agreed policies, without prejudice to
the powers of the Union Minister for Foreign Affairs.
2. Within the scope of this Chapter, the Political and Security Committee shall exercise,
under the responsibility of the Council and of the Union Minister for Foreign Affairs, the
political control and strategic direction of the crisis management operations referred to in
Article III-309.
The Council may authorise the Committee, for the purpose and for the duration of a
crisis management operation, as determined by the Council, to take the relevant
measures concerning the political control and strategic direction of the operation.
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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 Constitution for the exercise of the Union competences referred to in Articles I-13
to I-
15 and I-17.
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 Constitution for the exercise of the Union competences under this Chapter.
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1. The tasks referred to in Article I-41(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 European decisions relating to the tasks referred to in
paragraph 1, defining their objectives and scope and the general conditions for their
implementation. The Union Minister for Foreign Affairs, 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.
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1. Within the framework of the European decisions adopted in accordance with Article III-
309, 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 Union Minister for Foreign Affairs, 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 European decisions referred to in paragraph 1. In such cases, the
Council shall adopt the necessary European decisions.
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1. The Agency in the field of defence capabilities development, research, acquisition
and
armaments (European Defence Agency), established by Article I-41(3)
and 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 European 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.
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1. Those Member States which wish to participate in the permanent structured
cooperation referred to in Article I-41(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 Union Minister for Foreign
Affairs.
2. Within three months following the notification referred to in paragraph 1 the Council
shall adopt a European decision establishing permanent structured cooperation and
determining the list of participating Member States. The Council shall act by a qualified
majority after consulting the Union Minister for Foreign Affairs.
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 Union Minister for
Foreign Affairs.
The Council shall adopt a European 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 Union Minister for Foreign Affairs. Only
members of the Council representing the participating Member States shall take part in
the vote.
A qualified majority shall be defined as at least 55% of the members of the Council
representing the participating Member States, comprising at least 65% of the population
of these States.
A blocking minority must include at least the minimum number of Council members
representing more than 35% of the population of the participating Member States, plus
one member, failing which the qualified majority shall be deemed attained.
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 European 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 as at least 55% of the members of the Council
representing the participating Member States, comprising at least 65% of the population
of these States.
A blocking minority must include at least the minimum number of Council members
representing more than 35% of the population of the participating Member States, plus
one member, failing which the qualified majority shall be deemed attained.
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 European 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.
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1. Administrative expenditure which the implementation of this Chapter entails for
the
institutions shall be charged to the Union budget.
2. Operating expenditure to which the implementation of this Chapter gives rise shall
also be charged to the Union budget, except for such expenditure arising from
operations having military or defence implications and cases where the Council decides
otherwise.
In cases where expenditure is not charged to the Union budget it shall be charged
to the
Member States in accordance with the gross national product scale, unless the Council
decides otherwise. As for expenditure arising from operations having military or defence
implications, Member States whose representatives in the Council have made a formal
declaration under Article III-300(1),
second subparagraph, shall not be obliged to
contribute to the financing thereof.
3. The Council shall adopt a European 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 I-41(1)
and Article III-309.
It
shall act after consulting the European Parliament.
Preparatory activities for the tasks referred to in Article I- 41(1) and Article III-309
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 Union Minister
for
Foreign Affairs, European 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 I-41(1) and Article III-309 cannot
be
charged to the Union budget, the Council shall authorise the Union Minister for Foreign
Affairs to use the fund. The Union Minister for Foreign Affairs shall report to the Council
on the implementation of this remit.
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